Somerset Trust Company Electronic Communications disclosure and Consent form and STC Anywhere Service Agreement
Electronic Communications Disclosure and Consent Form
Please read this information carefully and print and retain a copy for your reference.
This document is provided in accordance with the Electronic Signatures in Global and National Commerce Act.
You have requested SOMERSET TRUST COMPANY’s online services. You may enroll in STC Anywhere, STC Anywhere for Business, BillPay, Mobile Banking, eStatements, request services and open consumer deposit accounts, apply for a loan request, STC CreditCard Access, Trust Access Online or future online services offered by Somerset Trust Company (collectively, “Online Services”).
By utilizing any of SOMERSET TRUST COMPANY’s Online Services, you agree that SOMERSET TRUST COMPANY may, but is not obligated to, send any and all of its communications to you electronically (collectively referred to as “Electronic Communications”). Electronic Communications may include information related to any of SOMERSET TRUST COMPANY’s Online Services or other deposit and loan products, services or features or our decisions related to your application, terms and conditions and agreements that govern any deposit account, loan or service we make to you and all related disclosures. Electronic Communications may also include important information that you would otherwise receive from us through the mail (such as, but not restricted to, notices regarding privacy, changes in terms, and periodic statements, as are required under applicable law).
Your consent to receive electronic communications does not automatically enroll you in e-Statements. You must also complete a separate enrollment for eStatements to stop receiving by U.S. Mail paper account periodic statements.
This Electronic Communications Disclosure and Consent form informs you of your rights when receiving these Electronic Communications. If you do not wish to receive communications electronically from us, you may make your request or application by telephone, or in person at any SOMERSET TRUST COMPANY office.
Consent and Acknowledgement. You (including any joint account-holders and co-applicants) acknowledge receipt of this Electronic Communications Disclosure and Consent form, evidence your intent to be bound by the all terms contained herein regarding the Electronic Communications above, and consent to the delivery of Electronic Communications via the internet to an e-mail address you designate to receive such Electronic Communications. You also confirm that you meet the Hardware and Software Requirements listed below and are able to access and retain Electronic Communications from us.
Your Consent to Electronic Communications applies to all Electronic Communications that we provide to you in connection with your Online Services activity or requests, loan applications and products and services, which you have in the past, now or in the future, may have with SOMERSET TRUST COMPANY. If you consent to Electronic Communications, we will provide the Electronic Communication on our website or we will send you an e-mail that informs you when relevant information is available for your viewing on our website. That communication will include instructions on how to access the information from our website. If you have consented to receive electronic communications, you may occasionally request a paper copy of the communication from us per our fee schedule.
Withdrawing Consent. You can elect to withdraw your consent to Electronic Communications at any time by contacting our Call Center toll free at 800-972-1651 during our business hours. The legal validity and enforceability of prior Electronic Communications will not be affected if you withdraw your consent.
Hardware and Software Requirements. To receive Electronic Communications, you must ensure that you are able to receive information electronically and retain it. You must have a computer system with an up to date Internet Web browser (Chrome, Edge, Firefox, IE or Safari) capable of 128-bit encryption and Adobe Acrobat Reader®, or a comparable program that can open a PDF, in order to receive disclosures electronically. Adobe Acrobat Reader® is freely available for your use to read Portable Document Format (PDF) documents on the Internet. You can download a copy at the following URL: http://www.adobe.com/products/acrobat/readstep2.html
Further, you must have a printer capable of printing any disclosure or statement that are made available on our website and/or emailed to you, and/or have the ability to electronically save and visually display on computer screens such documents.
Updating Contact Information. You are responsible for ensuring that we have your current e-mail address for purposes of receiving Electronic Communications. If your e-mail address changes, contact us via STC Anywhere or by contacting our Call Center toll free at 800-972-1651 to provide us with updated information through which future Electronic Communications will be received by you. If you fail to notify us of any change in your e-mail address, you agree that we may provide Electronic Communications to you at the e-mail address maintained in our records and provided by you. Any Electronic Communications we send to you will be deemed to have been provided on the date we deliver the e-mail to you.
By clicking on the “Accept” button and/or proceeding to use the service, you acknowledge that you have read, understood and consent to receive electronic communications as defined above in the Electronic Communications Disclosure and Consent form. You also agree that you have the required hardware and software necessary to electronically access and print or download the communications.
STC Anywhere and STC Anywhere for Business Service Agreement
This Agreement is between you and Somerset Trust Company (the "Bank”) governing your use of Somerset Trust’s STC Anywhere or STC Anywhere for Business services (the “Service” or “STC Anywhere”). The Service permits you to perform a number of banking functions involving your accounts linked to the Service using a personal computer or a mobile Internet-enabled access device. You agree to be bound to the terms and conditions pertaining to STC Anywhere and the specific terms and conditions applicable to any other associated services, including the Bill Payment service and eStatements service that you elect to use as set out below.
You should carefully read this Agreement, the Bank's instructions on the use of Somerset Trust Company online services, as they may exist and may be amended ("Instructions") and any applicable fee schedules before you use Somerset Trust Company online services. If you use Somerset Trust Company online services or allow another to use the service on your behalf, you agree to the terms and conditions stated in this Agreement and any applicable fee schedules. You must follow all of our instructions and procedures applicable to the services covered by this Agreement.
These terms and conditions are in addition to those that apply to any accounts you may have with us, loan or credit agreements, or any other services you obtain from us. These may include your signature card, the account and depositing disclosures, agreements and fee schedules, the terms and conditions of any loan or credit agreements, the accompanying schedules and disclosures, and any change of terms notices. If you have more than one account or other relationship with us, you may "link" the relationships together as we permit. Linked accounts under Somerset Trust Company online services must have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account.
This Agreement does not cover transfers you may make through the branch, a telephonic individual voice response system (IVR) or through an automated teller machine (ATM). Somerset Trust is providing you with this Agreement in accordance with, and it is subject to, applicable law. Please read this document carefully, as it discusses in detail your rights and responsibilities when enrolling in the Service and when conducting online transactions through the Service. This service is available for consumers only.
By clicking on the “I Accept” button and/or proceeding to use the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and the terms and conditions associated with your use of the Service, including any online transactions you initiate through the Service.
We recommend that you print or store a copy of this Agreement and keep it with your records. You may also view this Agreement, at any time, by visiting our website at www.somersettrust.com.
STC Anywhere and STC Anywhere for Business Service Features and Functionality
Somerset Trust Company online services means that information, communication, and transactions provided to you by us through any non-branch remote channel, including the Somerset Trust Company website, www.somersettrust.com, within our area of service, including, but not limited to STC Anywhere, STC Anywhere for Business, bill payment, mobile device banking, remote deposit, and ACH Origination services.
This list is not exhaustive and the Bank may offer additional services in the future. The Bank may also change Somerset Trust Company online services at any time by adding, deleting, or changing any feature. We will send or deliver to you any notice of the change that applicable law requires us to send or deliver to you. The intent of this Agreement is to cover all services offered by Somerset Trust Company online services, including future services not specifically identified in this Agreement. By using any feature of Somerset Trust Company online services, you agree to adhere to this Agreement.
To subscribe to Somerset Trust Company online services, you must have at least one account with the Bank. In most cases, you may use Somerset Trust Company online services to gain access to deposit accounts in which you have an unrestricted right to withdraw funds and line of credit accounts in which you have an unrestricted right to borrow money. However, the Bank, as it may determine at any time and from time to time in its sole discretion, may deny Somerset Trust Company online services account access, restrict Somerset Trust Company online services account transactions, or place limits on the specific dollar amount of funds that may be withdrawn or transferred from any account.
Subject to the provisions of this agreement, if you enroll in STC Anywhere or STC Anywhere for Business, you may have access to the Service’s basic features, which allow you to:
- View current balance and transaction information on your account(s);
- View account history;
- Perform internal transfers between certain account(s) you have with us on either a one-time or recurring basis;
- Download and/or export account history information for use with other systems such as Quicken® and QuickBooks®;
- View check images;
- Perform self-service account maintenance such as stop payments, changing address and phone information, and changing your login ID and password;
- Set-up account alerts and security alerts;
- Receive electronic account statements or eStatements;
- Send secure messages to us regarding the Service;
- Pay bills, perform external transfers between your account(s) with us and accounts at other financial institutions on either a one-time or recurring basis, and make person-to-person payments; and
- Use your mobile device to perform certain Mobile Banking functions.
Some of the above features may not be available for certain accounts or customers.
In addition to the Service’s basic features, additional features or modules related to STC Anywhere and STC Anywhere for Business may be offered by us from time to time, in our sole and exclusive discretion, including but not limited to the following:
- Picture Pay & Bill Payment Services. Somerset Trust Company Bill Payment service allows you to pay your bills by capturing an image of them with your camera enabled device and schedule bill payments through STC Anywhere. All previously disclosed terms, limitations, conditions, and agreements which govern your account(s) for bill payment service remain fully in effect regarding the account(s). Full explanation and disclosure of Bill Payment services is made at the time of enrollment in Bill Payment services.
- Remote Deposit Capture Services. This service allows you to capture an image of your check and deposit it remotely to your account.
- Manage Cards Services. This service allows you to turn your STC CheckCard or STC ATM Card on and off in real time.
- Customer-to-Customer Services. This service allows you to transfer funds to other Somerset Trust Company Customers.
- Auto Login Services. This optional service allows you to view account balances and last five transactions without entering a username and password.
- ACH Originations. ACH originations are subject to separate, additional terms and conditions. Full explanation and disclosure of ACH Origination services are made at time of enrollment for ACH Origination services. If you are a non-consumer, this Service allows you to initiate and approve (with pre-authorization), via Online Banking, ACH transactions that you instruct us to enter into the ACH network on your behalf.
- Wire Transfers. This service allows you to initiate wire transfers of funds electronically, typically from your account(s) to account(s) at other banks, via Online Banking.
- Commercial Remote Deposit Capture Services. If you are a non-consumer, this service allows you to capture an image of your check and deposit it remotely to your account. Commercial Remote Deposit Capture services are subject to separate, additional terms and conditions, provided with full disclosure and explanation at the time of enrollment for the service.
- Personal Financial Management Services. If you are a consumer, this service allows you to organize and manage your finances by tracking transactions, reviewing expenditures, and creating budgets.
Additional electronic banking services may be added by us from time to time in our sole discretion. By using these additional services when they become available, you agree to be bound by the terms and conditions associated with such services, as such terms and conditions are provided to you by us.
Bank reserves the right, without penalty or liability, to withdraw or discontinue any of the Service’s basic or additional features or modules from a customer at any time.
The use of certain features or modules related to the Service may incur fees or other charges. See our Fee Schedule for further information.
Limits on Amounts and Frequency of STC Anywhere Transactions
The number of transfers from accounts and the amounts that may be transferred via STC Anywhere, are limited pursuant to the terms of the applicable Deposit Account Agreement and as otherwise described in this Agreement or in other communications we may provide to you. You understand that those limits include federal restrictions on the number of Internet (via computer or mobile device) transfers from savings deposit accounts (including money market accounts) processed in a calendar month. For a more detailed description of the limits on such Internet transfers, please refer to the applicable deposit account agreement and the Electronic Fund Transfers section of this agreement.
Your Use of Service
Internet Access Device Requirements
You are responsible for the installation, maintenance, and operation of your device and your software. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate your device or software correctly. The Bank is not responsible for any errors or failures from any malfunction on your device or software. The Bank is not responsible for any device virus related problems that may be associated with the use of Somerset Trust Company online services system. The Bank is not responsible for your internet access or other data service you use to connect to Somerset Trust Company online services. The Bank shall have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur because of your use of your device or your software. THE BANK MAKES NO WARRANTY TO YOU REGARDING YOUR INTERNET ACCESS DEVICE OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE.
You are responsible for all internet access fees and/or internet data service fees that you access by your phone, wireless, and/or internet service provider.
Your Login ID, password, and Other Security Procedures
You are required to use a login ID, as well as a password selected by you, to log into STC Anywhere and STC Anywhere for Business. You agree that we may rely on your login ID, password and other security procedures, as further described in this Agreement and as we may modify in our sole and exclusive discretion from time to time, to identify and authenticate you when you use the Service (hereinafter, collectively the “Security Procedures”). You agree to protect the Security Procedures to prevent unauthorized use.
You understand these Security Procedures include “enhanced log-in security” to access STC Anywhere and perform certain transactions as described in this Agreement. Enhanced login security incorporates a multi-part credential for each user of STC Anywhere that is in addition to login IDs and password security. It incorporates factor(s) of identity authentication that may include, but is not limited to, additional login security features such as security cookies, Touch ID (Biometrics), PIN Login, and verification of personal information.
Additional required and/or optional Security Procedures may apply to you and/or to different STC Anywhere features. For example, in addition to login ID and password, customers using STC Anywhere for Business will have to enter a bank assigned Business ID as a third piece of identifying information at login. We will execute authenticated transfers or transactions that are in conformity with all Security Procedures and other requirements set forth in this Agreement. We may require additional authentication of any transfer or transaction request. We reserve the right to reject a transfer or transaction request that we cannot properly authenticate.
Except as is more fully discussed in this Agreement, you understand and agree that you are responsible for all transfers and payments made through the Service using the Security Procedures. You also acknowledge and agree that if you permit another party (ies) to use the Security Procedures to access the Service, or otherwise authorize them to use the Service; such permission effectively constitutes a grant of authority to access your accounts pursuant to federal regulations. You further agree that you are responsible for any and all online transactions that party (ies) makes from your Account, even if it exceeds your authorization. Subject to the terms of this Agreement, we may follow and comply with any transfer instructions entered into the Service using the Security Procedures.
For joint accounts, each person may have a separate password. Each person on a joint account will be liable for all transactions made on that account. Each person on a joint account authorizes all transactions made by any other person on the account. Each person on a joint account agrees to be liable for the actions of the other person(s) on the account.
You acknowledge and understand the importance of your role in preventing misuse of your accounts through Online Banking. You agree that it is your sole responsibility to protect the confidentiality of your account and Account number, the Security Procedures, and your personal identification information, such as your driver’s license number and social security or tax identification number.
You understand that personal identification information, by itself or together with information related to your Account, may allow unauthorized entry and access to your Account. Data transfers encrypted via Online Banking in an effort to provide transmission security. Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions are appropriately identified by each other.
We will never email you to request your login ID and password or your personal account information over the internet. If you suspect that an unsolicited email of this nature is fraudulent, please contact us.
Please observe the following guidelines. Remember that you may be liable for the unauthorized use of your login ID and/or password.
- Do not give or disclose any part of your password to anyone, including any Bank employee, particularly while on the telephone or on-line or while using the Internet.
- Do not leave your account information viewable in an open area accessible by others, including your computer screen.
- Do not send your login ID, password, or privileged account information over any public or general e-mail system.
- Do not leave your computer unattended while you are connected to Somerset Trust Company online services.
- You should not use a public computer to access STC Anywhere. You agree that if you access the Service from a computer other than your own (such as a public computer terminal at a library or internet café); you will not leave the computer unattended while using the Service.
- When you finish your online banking session, use the logoff button to exit STC Anywhere. It is good practice to use the log off feature with all online services instead of simply closing your browser. 'Logging off' ensures that you are completely logged off the service.
- If other people have access to your PC, clear your browser's cache in order to remove copies of web pages that may have been stored temporarily on your system. Refer to your browser's help file for instructions on clearing your cache.
We will not be liable to you for any losses that may result from your failure to follow these security provisions.
Electronic Fund Transfers – Your Rights and Responsibilities
The Electronic Fund Transfer Act (EFTA) and its implementing regulation, Regulation E ("REG E") govern some online transactions through the Service. Parts of this Agreement are disclosures required by REG E.
For Consumers only and not Commercial Accounts, use of STC Anywhere, including the Bill Payment Service and Mobile Banking, is subject to the Electronic Fund Transfer Act. If you are a consumer, in addition to the foregoing, please see the Electronic Fund Transfer Disclosure Statement included in your Deposit Account Agreement or otherwise received when you opened your Deposit Account(s), which also discloses important information concerning your rights and obligations for EFTs.
Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
- Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking, savings, or money market account(s).
- Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking, statement savings, or money market savings account(s).
- Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
- Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
Please also see Limitations on frequency of transfers section regarding limitations that apply to savings accounts.
STC Anywhere Computer Transfers - types of transfers, dollar limitations and charges - You may access your account(s) by computer 24 hours a day using your login ID and password, to:
- transfer funds from checking, savings, money market or line of credit to other checking, savings, money market or Christmas Club
- transfer funds from checking, savings, money market or line of credit to other STC customers
- make payments from checking, savings, money market or line of credit to loan accounts with us
- make payments from checking to third parties (Bill Payment)
- please refer to our separate fee schedule for charges
- get information about:
- the account balance of checking, savings, money market, time deposit or loan accounts
- deposits to checking, savings, money market or time deposit accounts
- withdrawals from checking, savings, or money market accounts
- payments to loan accounts
- advances on loan accounts
Please also see Limitations on frequency of transfers section regarding limitations that apply to computer transfers.
Mobile Banking Transfers - types of transfers and frequency - You may access your account(s) by Smartphone and using your user identification, your password, and your challenge/security questions, to:
- transfer funds from checking, savings, money market, or line of credit to other checking, savings, money market or Christmas Club
- transfer funds from checking, savings, money market or line of credit to other STC customers
- make payments from checking, savings, money market or line of credit to loan accounts with us
- make payments from checking to third parties (Bill Payment)
- please refer to our separate fee schedule for charges
- get information about:
- the account balance of checking, savings, money market, time deposit or loan accounts
- deposits to checking, savings, money market or time deposit accounts
- withdrawals from checking, savings, or money market accounts
- payments to loan accounts
- advances on loan accounts
Please also see Limitations on frequency of transfers section regarding limitations that apply to electronic transfers.
Limitations on frequency of transfers - In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:
- Transfers from a money market savings or statement savings account to another account or to third parties by preauthorized, automatic, telephone agreement, computer transfer, draft or similar order to third parties are limited to six per calendar month.
- Transfers from a Money Market Plus, IRA Savings, Super Money Market Plus, or Advantage Interest account to another account or to third parties by preauthorized, automatic, telephone agreement, or computer transfer or by check, draft, or similar order to third parties are limited to six per calendar month.
- For security reasons, there are other limits on the number of transfers you can make by ATM.
- For security reasons, there are other limits on the number of transfers you can make by Debit Card.
- Please refer to our separate fee schedule for charges.
Except as indicated elsewhere, we do not charge for these electronic fund transfers.
- Periodic statements. You will get a monthly account statement from us for your checking accounts:
You will get a monthly account statement from us for your savings or money market accounts, unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.
- Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call, write, or submit a request via online banking at the telephone number or address listed in this brochure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
Please refer to our separate fee schedule for the amount we will charge you for each stop payment order you give and for revocation of a preauthorized debit.
- Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
- Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Financial Institution’s Liability
Our liability for failure to make a transfer or transaction - if we do not complete a transfer or transaction to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If you have an overdraft line and the transfer would go over the credit limit.
- If the automated teller machine where you are making the transfer does not have enough cash.
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
- There may be other exceptions stated in our agreement with you.
We will disclose information to third parties about your account or the transfers you make:
- where it is necessary for completing transfers; or
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
- in order to comply with government agency or court orders; or
- as explained in our separate Privacy Disclosure.
Unauthorized online transactions
Consumer liability for unauthorized transactions - Tell us AT ONCE if you believe your password has been lost or stolen, or otherwise compromised, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT tell us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was delivered to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.
MasterCard Debit Card. Additional Limits on Liability. You will not be liable for any unauthorized transactions using your MasterCard debit card if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, and (ii) upon becoming aware of a loss or theft, you promptly report the loss or theft to us. MasterCard is a registered trademark of MasterCard International Incorporated.
Reporting Unauthorized online transactions or Theft or Loss of passwords.
If you believe an unauthorized transaction has been made from your account, or if your access device has been lost or stolen, alert the Bank immediately.
Phone: 1-800-972-1651 (toll free) or 1-814-443-9200
US Postal: Somerset Trust Company
ATTN: Online Banking
PO Box 777
151 West Main Street
Somerset, PA 15501
Error Resolution Notice
In Case of Errors or Questions about Your Electronic Transfers, Call or Write us at the telephone number or address listed in this brochure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
SOMERSET TRUST COMPANY
151 WEST MAIN STREET, P.O. BOX 777
SOMERSET, PENNSYLVANIA 15501
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: (814) 443-9200
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
Your Somerset Trust Company online services transactions will be indicated on monthly statements we provide or make accessible by U.S. Mail delivery service or eStatements. eStatement is your online banking statement identical in every way to the regular monthly paper statement. We will not provide your statement information to you in electronic form unless you have authorized us to do so. If you authorize us to provide you with an electronic statement, we will have notified you of the appropriate regulatory disclosures when you enrolled in eStatements. You agree to notify us promptly if you change your address or if you believe there are errors or unauthorized transactions in any statement or statement information.
Business Days and Hours of Operation
Somerset Trust Company online services are generally available twenty-four (24) hours a day, seven (7) days a week. Occasionally, system maintenance processes may require us to take the online banking services down. If that is the case, we will provide advance notification to you whenever possible. Business Days are Monday through Friday Excluding Federal Holidays.
You must have enough available money or credit in any account from which you instruct us to make a transfer, or for you to engage in any other transaction involving the transfer of funds.
You are responsible for all transactions you authorize or make using Somerset Trust Company online services, including any transactions that you may unintentionally or inadvertently authorize or make, and any losses, charges, or penalties incurred as a result. If you permit other persons to use Somerset Trust Company online services or your access device, you are responsible for any transactions they authorize from your deposit and credit accounts, including any losses, charges, or penalties incurred as a result.
You are fully obligated to us to provide sufficient funds for any transfers you make or authorize to be made. If we complete a transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permissible by the applicable law and the terms of any other relevant agreements. In any event, you shall remain liable for any insufficient funds.
The provisions of this section apply if any of your accounts with us is a joint account. As a holder of a joint account, you are jointly and severally liable under this Agreement. Each of you acting alone may perform transactions, obtain information, stop, or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of, or notify any other of you. However, each of you will only be permitted to access accounts for which you are an owner or authorized user.
Each of you individually releases us from any liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your Somerset Trust Company online services account. Each of you agrees to indemnify us and hold us harmless from any liability (including, but not limited to, reasonable attorney's fees) arising from any such claims or actions.
For a personal or non-personal account that requires two (2) or more signatures to make withdrawals, transfers, or transactions, we will require additional authorization from all authorized signors on the account. Until we receive such authorization, accounts requiring two (2) or more signatures will be eligible for Somerset Trust Company online services viewing activities only.
You may enroll in Mobile Banking to access financial services and products and the functions now, or in the future, made available by us, using a mobile device. Not all accounts are available through Mobile Banking, and not all features of Mobile Banking are available for consumers as well as non-consumers. To use Mobile Banking, you must: (a) have an Apple iOS or Android mobile device, which may be a mobile phone, tablet or other equipment with the mobile carrier, operating system, data plan, software and hardware supported by us now or in the future, and (b) register while logged in to your subscription to Online Banking.
Minimum hardware and software requirements: iOS version 6.0 or higher or Android OS version 4.0 or higher. Once you download the appropriate application associated with your mobile device and register, you can start using Mobile Banking. If you use a handheld mobile device other than your mobile device to access Mobile Banking, all SMS text messages originating from Mobile Banking will be sent to the mobile device you entered when registering for Mobile Banking. It is your responsibility to provide us with accurate, complete and current information about you and your mobile device (including its phone number and your email address), and to notify us immediately if any of this information changes or if service to your mobile device is terminated. We reserve the right to refuse or cancel your registration for Mobile Banking if we cannot verify information about you and/or your mobile device.
Mobile Banking Formats
Mobile Banking permits you to use a mobile device to perform certain transactions associated with your eligible Accounts with us. Mobile Banking may be provided in one or more formats or mechanisms, including without limitation, via the mobile web or the downloadable application. The “downloadable mobile application” component allows you to download Mobile Banking’s application associated with your mobile device. The “mobile web” component of this feature of Mobile Banking may be used to access your Mobile Banking accounts via our Mobile Banking website from any web-enabled mobile device.
Mobile Banking Transactions
You may use Mobile Banking to initiate the following types of transactions to or from your accounts through your mobile device (each, a “Mobile Banking Transaction”):
- Initiate bill payment transactions: If you enrolled in our Bill Payment Service, you may use Mobile Banking to pay a bill from the account that you have designated as your funding account under the terms of our Bill Payment Service agreement you would have received when you enrolled in bill payment. For security reasons, we may limit the frequency and dollar amount of mobile bill payment transactions from your funding account. Receive and/or view account and security alerts: receive certain account and security alerts via SMS text message, and/or view such alerts via Mobile Banking.
- Send secure messages to us: send secure messages to us regarding Online Banking or Mobile Banking.
- Other features: To find our ATMs and branch locations, and to “get help” for other questions and inquiries associated with Online Banking or Mobile Banking.
Limitations on Mobile Banking Transactions
- Regulatory limits: Because regulations require us to limit certain types of transfers from your savings and money market accounts, the limitations set forth in the LIMITS ON AMOUNTS AND FREQUENCY OF ONLINE BANKING AND MOBILE BANKING TRANSACTIONS section of this Agreement apply to Mobile Banking.
- Dollar and frequency limitations on transfers and transactions. In addition to regulatory limits, we reserve the right to limit the frequency and dollar amount of internal transfers, external transfers and/or mobile bill payment transactions initiated via your mobile device for security reasons. Those limits are the same as and will be combined with those that apply to transactions initiated via Online Banking.
- Mobile device limitations. Mobile Banking and some mobile banking transactions may not be available on all types of mobile devices. You also understand and agree that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.
Standard Messaging Service Charges
Any fees and charges that may apply to Mobile Banking will be set forth in our Fee Schedule and are separate and apart from any other charges that may be assessed by the provider or carrier of your mobile communication services for text messages sent to or from us. You understand that the standard data and text messaging rates charged by the carrier providing service for your mobile device apply when you use your mobile device to enroll in and use Mobile Banking.
You represent and agree to the following by enrolling in or using STC Mobile Banking:
- Account ownership/accurate information. You represent that you are the legal owner of the accounts and other financial information that may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
- User security. You agree to take every precaution to ensure the safety, security, and integrity of your account and transactions when using Mobile Banking. You agree not to leave your mobile device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your login ID, password or other access information to any unauthorized person. If you permit other persons to use your mobile device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize. We will not be liable for any damages resulting from your failure to follow the above precautions. You agree not to use any personally identifiable information when creating shortcuts to your account. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
- User conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would:
- infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in any software associated with Mobile Banking;
- be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity;
- violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- be false, misleading or inaccurate;
- create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers;
- be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- potentially be perceived as illegal, offensive or objectionable;
- interfere with or disrupt computer networks connected to Mobile Banking;
- interfere with or disrupt the use of Mobile Banking by any other user; or
- use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
Mobile Remote Deposit
Somerset Trust Company reserves the right to change this Mobile Remote Deposit section or the Mobile Remote Deposit Services, as it may deem necessary or appropriate. Bank reserves the right, without penalty or liability, to withdraw or discontinue Mobile Remote Deposit Services from a Customer.
Definitions pertaining to Mobile Remote Deposit
Qualifying Items refer to checks as defined in 12 CFR 229.2 (including share drafts and remotely created checks) drawn on financial institutions located in the United States.
Banking Day refers to one of Bank’s banking days as defined in 12 CFR 229.2.
Remote Deposit refers to your deposit of Qualifying Items to your account by endorsing the paper original, then scanning both sides of the paper check and sending their accurate images to the Bank as per instructions presented within STC Mobile Banking during the remote deposit process.
Mobile Remote Deposits must include the endorsement “For STC Mobile Deposit Only.” Failure to do so will result in your deposit being rejected.
Hardware and Software Requirements
You can make Remote Deposits using STC Mobile Banking if your mobile device meets the following minimum hardware and software requirements: Operating System iOS version 6.0 or higher or Android OS version 4.0 or higher.
Image Quality Requirements
Image quality of Qualifying Items you send us will be sufficiently inclusive and high quality to permit us to satisfy all pertinent requirements as established by Bank or applicable law and regulatory agencies including: The Check 21 ACT, 12 USC 5001, et seq.; The American National Standards Institute; The Electronic Check Clearing House Organization; and all other clearing houses or associations.
Remote Deposit Limits and Receipt Deadlines
In addition to regulatory limits, Bank reserves the right to limit the frequency and dollar amount of mobile remote deposits initiated via your mobile device for security reasons. Images of Qualifying Items transmitted by Remote Deposit are not considered received by Bank until you have received an electronic confirmation of the receipt of the deposit from Bank. However, receipt of the confirmation from Bank does not mean that the transmission was error free or complete. Images of Qualifying Items transmitted by you and received by Bank or its subcontractors by 4:00 pm. Eastern Standard Time (EST) Monday through Friday, shall be credited to your applicable account on the next Banking Day. Items received by Bank after 4:00 p.m. EST on any Banking Day shall be credited to your applicable account on the next successive Banking Day. You understand and agree that funds from Qualifying Items deposited under the terms of this Agreement are subject to Somerset's Funds Availability Policy and will generally be available after processed and once funds are received.
Bank will credit your account with a Qualifying Item in a Remote Deposit if, but only if, Bank receives it and accepts it for deposit. Bank can reject a Remote Deposit for any reason or for no reason at all.
Provisional Credit Only
Any credit to your account of a Qualifying Item (including Qualifying Items drawn “on us”) is provisional only until collection is final. Until final settlement, Bank will act only as your agent, regardless of the form of endorsement or lack of endorsement on a Qualifying Item, even if Bank has provisionally credited your account. Bank can reverse any provisional credit to your account of a Qualifying Item that is lost, stolen, or returned. You will indemnify us and hold us harmless from any loss we may incur as a result of our lawfully reversing a provisional credit to your account.
Failures or Alterations in Transmission
Bank will not be liable for any failures or alterations in the transmission of a Remote Deposit to us.
Presentment and collection of Qualifying Items in a Remote Deposit will be by any means and through any clearing agents we deem appropriate, and you consent to any applicable clearinghouse rules.
Funds from Qualifying Items in a Remote Deposit will be available to you at such times after their acceptance for deposit under this Agreement as they would be available to you after their acceptance for deposit had they been deposited as paper originals in person to one of our employees at our main facility (under our policies as reflected in our then current funds availability disclosure and 12 CRF 229.10, et seq.). Even after funds are available to you and have been withdrawn, you will still be responsible for returned items or any other problems with the Remote Deposit.
Unless prohibited by law, by making Remote Deposits you make the following warranties to Bank and agree to indemnify Bank and hold Bank harmless from any breach of such warranties, including payment of reasonable attorneys’ fees and litigation expenses:
- That you are entitled to deposit each of the Qualifying Items in the Remote Deposits;
- That only paper originals of bona fide Qualified Items are scanned for Remote Deposit;
- That Qualifying Items included in your Remote Deposits are duly authorized in the amount stated on the Qualifying Item and to the payee stated on the Qualifying Item;
- That there is and will be no duplication among Qualifying Items in your Remote Deposits;
- That you will not deposit or redeposit the paper originals of the Qualifying Items included in your Remote Deposits or make any other deposits or redeposit of such Qualifying Items without our informed consent;
- That Bank will not suffer any loss resulting from your Remote Deposits;
- That Bank will not suffer any loss resulting from your retention or destruction of the paper originals of Qualifying Items included in your Remote Deposits.
- That all information you provide to Bank regarding your Remote Deposits is accurate;
- That your Remote Deposits and all information you provide to us is virus-free;
- That your Remote Deposits do not violate any laws; and
- That you have performed and will perform all your obligations under this Agreement.
If Qualifying Items included in your Remote Deposits are returned, Bank will provide you with images or substitute checks of the returned items, rather than the paper originals.
You acknowledge that you are solely responsible if any Qualifying Item for which you have been given provisional credit is subject to return or reversal, and neither Bank nor its subcontractors shall be liable or responsible for same. You acknowledge that all credits received for deposit are provisional, subject to verification and final settlement. Information and data reported hereunder: (a) may be received prior to final posting and confirmation and is subject to correction and (b) is for information purposes only and may not be relied upon. Depositor agrees that Bank shall have no liability for the content of payment-related information.
You will examine your statement of account and report to Bank any alterations or unauthorized signature purporting to be yours or on your behalf relating to Remote Deposits that you discover, or reasonably should have discovered, with reasonable promptness. Reasonable promptness for this purpose will not exceed 14 days in Montana, New York, or South Carolina, or 30 days in other states, from when the statement was first sent or made available to you. If you do not make such a report with reasonable promptness, you cannot assert against Bank such alterations or unauthorized signatures, or any others made by the same wrongdoer before we receive such a report, unless Bank failed to exercise good faith, or in all states except Tennessee unless we failed to exercise reasonable care. If Bank failed to exercise reasonable care, in all state except Tennessee, New York, or South Carolina, the loss will be allocated between you and Bank according to the extent to which your and Bank’s failure to exercise reasonable care contributed to the loss. In addition, in all states, if you do not discover and report to us any such alterations or unauthorized signatures or any other issues regarding Remote Deposits within 60 days from when the statement including the Remote Deposit was first sent or made available to you, you cannot assert them against Bank, even if Bank failed to exercise reasonable care.
Information and Access
You will promptly provide Bank with any information, including financial information, Bank requests that is pertinent in any way to your Remote Deposits or this Agreement, In addition upon the Bank’s request, you will grant us access to your documents and records sufficient to permit us to determine whether you are complying with the requirements of this Agreement.
This Agreement supersedes your account agreement to the extent of any irreconcilable conflicts.
Circumstances Beyond Bank’s Control
Bank will not be responsible for any failure to act or delay in acting pursuant to this Agreement if the failure or delay is the result of circumstances beyond our control including, but not limited to, legal constraint, interruption of transmission or communication facilities, equipment failure, or war emergency conditions.
Standard of Care
Unless otherwise require by law, Bank’s standard of care in connection with this Agreement is limited to ordinary care.
Electronic Statement (“eStatements”) Service
eStatements are available to you at no additional charge. An eStatement is your online banking statement and identical to your monthly paper statement. You have the option to receive either a paper statement or the electronic eStatement. If you enroll, we will request your consent to permit Somerset Trust Company to provide communications and information to you in secure electronic form rather than in paper for your selected accounts.
You have the right to change from receiving an eStatement to receiving a paper statement at any time with no additional charges. STC Anywhere and STC Anywhere for Business customers may change their method of statement delivery via the secure messaging area within STC Anywhere.
Each month, we will send you a regular email stating that your eStatement is available within STC Anywhere and STC Anywhere for Business. If your email notification is undeliverable, we will attempt to deliver the notification to an alternative e-mail address if you have provided us with one. If you have not provided us with one, we will send you a secure message notifying you that your public email address may be invalid and request that you update it. If your email address or contact information changes, you must inform the bank of these changes. You may change your contact information and email address via secure messaging within STC Anywhere and STC Anywhere for Business.
If you have elected to receive an eStatement, you may occasionally request a paper statement from us as per our fee schedule. Send us your request within STC Anywhere via the secure messages area.
You must be registered for STC Anywhere or STC Anywhere for Business to receive your eStatements. You will need hardware enabled for Internet access with browser encryption requirements.
We reserve the right to discontinue your eStatements service at any time and return to delivering paper statements to you.
Optional Account Alerts
The Service provides optional, voluntary account and security alerts associated with certain modules of Online Banking and Mobile Banking that must be activated by you. Account alerts allow you to choose alert messages that are account-based or date-based. We may add new alerts from time to time, or cancel old alerts. Each alert has different options available, and you may select from among these options upon activation of your alerts service.
Voluntary alerts are subject to the following:
- STC Anywhere and STC Anywhere for Business electronic alerts will be sent to the email address or mobile device identified by you via the alerts section of STC Anywhere. If your email address changes you are responsible for updating that information via STC Anywhere, and such change (s) will take affect within 24 hours.
- You understand and agree that your alerts may be delayed or prevented by a variety of factors. Bank will use commercially reasonable efforts to provide alerts in a timely manner with accurate information. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert.
- You agree that we are not responsible for any costs or fees incurred resulting from alerts directed by you.
- You understand that alerts are not encrypted. Bank will never include your login ID or password or full account number(s). However, alerts may include your name and some information about your accounts, depending upon your selection of specified alerts.
Notices and Communications
Except as otherwise provided in this Agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have on file for you. Or, we may make such notices available to you through Somerset Trust Company online services or at the last known e-mail address that we have for you in our records.
Any notice, communication, or document concerning this Agreement or Somerset Trust Company online services that you send us, by U.S. Postal to the address specified in the Agreement or through the Online Banking secure messaging service, will not take effect until we receive it, and have reasonable time to act on it.
You should realize that general or public e-mail transmissions outside of the Online Banking service are not secure. Therefore, do not send us or ask us for confidential or sensitive information, such as your login ID, password, account numbers, or financial information over any general or public e-mail system.
Address changes. It is your responsibility to ensure that your contact information including addresses, both U.S. Postal and email, and phone numbers are accurate. You may update your contact or profile information via the secure messaging section of STC Anywhere. Somerset Trust Company will not be responsible for any bill payment processing errors or fees incurred resulting from incorrect contact information that we have on file for you.
You agree that the Bank reserves the right to request a review of your credit rating at its own expense through an authorized bureau.
Recording and Obtaining of Information
You agree that we may record any information, messages, or phone conversations you have with us regarding the services covered by the Agreement. However, we are not obligated to do so and may choose not to in our sole discretion.
Amendment of This Agreement
[EFTA AND REG E APPLY TO CONSUMER ACCOUNTS ONLY
AND NOT COMMERCIAL or NON CONSUMER ACCOUNTS]
Where the EFTA and REG E apply, the Bank may amend this Agreement at any time by sending notice to you by U.S. Postal. Or to the extent permitted by law, by electronic communication through Somerset Trust Company online services, at least twenty-one (21) days before the effective date of the amendment. Where the EFTA and REG E apply, notice is always required if the change would result in:
- Increased fees for the customer;
- Increased liability for the customer; fewer types of available electronic fund transfers;
- Stricter limitations on the frequency or dollar amount of transfers.
If the EFTA and REG E apply, we are not required to give notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic fund transfer system. However, if such a change is permanent, and disclosure would not jeopardize security, we will notify you in writing on or with the next regularly scheduled periodic statement or within thirty (30) days of making the change permanent.
If the EFTA and REG E do not apply to a particular transaction, and other state or federal laws do not specify any notice or other requirements for an amendment, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.
Your continued use of Somerset Trust Company online services is your agreement to any amendment(s) of the Agreement.
The Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party.
Conversely, you cannot transfer any of your rights and obligations under this Agreement or with respect to Somerset Trust Company online services to anyone else. Any transfer of any of the rights and obligations will be void.
Either you or the Bank may terminate this Agreement and your Somerset Trust Company online services subscription at any time upon giving written notice of the termination to the other party. If you terminate Somerset Trust Company online services, you authorize the Bank to continue making transfers that you may have previously authorized and continue to charge any applicable fees until the Bank has had a reasonable opportunity to act upon your termination notice.
The Bank shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising its rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Regardless of where you live or work or where you access our Somerset Trust Company online services, this Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania and the federal laws of the United States of America.
If any part of this Agreement conflicts with applicable law, the law will control, and this Agreement will be considered changed to the extent necessary to comply with it.
In the event either party brings legal action to enforce the Agreement or collect overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of it’s reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, or any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the Commonwealth of Pennsylvania, if allowed by applicable law.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.
STC Anywhere services fee: No additional account charges or fees.
STC Anywhere for Business services fee: No additional account charges or fees
Bill Payment service fees: Bill Payment service charges may be assessed based on the services provided. They will be displayed to you online at the time you enroll in Bill Payment Service. You agree to pay such charges and authorize us to automatically charge your primary bill payment account for these amounts and any additional charges that may be incurred by you.
Mobile Banking service fees: No additional account charges or fees.
ACH Origination service fees: Full explanation and disclosure of ACH origination fees are made at the time of enrollment for ACH Origination services.
Commercial Remote Deposit Capture service fees: For non-consumer customers, full explanation and disclosure of Remote Deposit Capture service fees are made at the time of enrollment for Remote Deposit Capture services.
Wire service fees: Standard wire fees apply. Please refer to our Account Fee Schedule.
Bank reserves the right to modify service charges at any time with 30 days written notice to you. Any existing fees associated with your accounts will continue to apply. You are responsible for any Internet access fees and/or Internet service fees that may be assessed by your Internet access and/or Internet service provider.
By clicking on the “I Accept” button and/or proceeding to use the Service, you acknowledge that you have read, understood, and consent to receive electronic communications as defined above in the Electronic Communications Disclosure and Consent Form. You also agree you have the required hardware and software necessary to electronically access, print and/or download the Communication. You acknowledge that you have read, understood, and agree to be bound by this STC Anywhere Service Agreement and the terms and conditions associated with your use of the Service, including any online transactions you initiate through the Service.