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This Online
Banking Agreement states the terms and conditions that apply
when you use Peoples Community Bank's Online Banking and Bill
Pay Services. These terms and conditions are in addition to
those that apply to any accounts you have with us or any other
services you obtain from us. You must also follow all of our
instructions and procedures applicable to the services covered
by this Agreement. This Agreement is also subject to applicable
federal laws and the laws of the State of Virginia (except to
the extent this Agreement can and does vary such rules or laws).
If any provision of this Agreement is found to be unenforceable
according to its terms, all remaining provisions will continue
in full force and effect.
"You"
and "your" mean each person who establishes an Online
Banking Account with us, or who uses or is authorized to use an
Online Banking Log In ID and password (or other means of access
we establish or approve). "We" "us" and
"our" refers to Peoples Community Bank (the Bank).
Please read this
Agreement carefully. By submitting Peoples Community Bank's
Online Banking Application by Internet or paper, as defined
below, you agree to be bound by the terms and conditions
contained in this agreement. Online banking transactions are
additionally governed by any other separate agreement (s) you
may have with Peoples Community Bank, including, but not limited
to, the Account Agreement, Signature card, and the Fee Schedule.
Account or accounts: are those of
your accounts on which we permit you to conduct transactions
through Online Banking. You must be the owner or authorized
signer of each account. You may not designate any account that
requires more than one signature for withdrawals or that has any
other type of restriction on it.
Bill
Pay: means our additional Online Banking service that
allows you to pay bills to third parties. You must be approved
for Online Banking and have a qualified checking account to be
able to enroll for Bill Pay. All of the rules applicable to
Online Banking are also applicable to Online Banking Bill Pay,
except as otherwise provided. All Online Banking transactions
are performed over the Internet by use of a personal computer
and modem and/or other means we may authorize or allow.
Business
days: means Monday through Friday. Banking Holidays are
not included.
Online
Banking: means our service that allows you to check the
balance and recent activity on your accounts, transfer funds
between your Bank accounts, make payments on your Bank loans,
obtain information, and perform other transactions.
Personal
accounts: are accounts held by a natural person or
persons and established primarily for personal, family, or
household purposes.
We will provide on-line demo's describing how to use the Online
Banking service or Bill Payment Service. You will gain access to
your online accounts through the use of your Internet-enabled
device, your Internet provider, your Log In ID, and your
password. You are responsible for maintaining all Internet
connections, browsers, hardware and software that are necessary
to access Peoples Community Bank Online. The Bank is not
responsible for any errors or failures of your computer or
software.
The services are available 24 hours a day, 7 days a week.
However, Peoples Community Bank online may be temporarily
unavailable due to record updating, technical difficulties, or
special maintenance periods. For purposes of transactions,
Peoples Community Bank business days are Monday thru Friday,
excluding holidays as determined by us. All online banking
transaction requests received after 2:00pm on business days, and
all transactions which are requested on Saturdays, Sundays or
holidays, will be processed on the next business day. All
references to time in this document are Eastern Standard Time
(EST).
Each person who has applied and has been approved for Online
Banking will be assigned a Log In ID and password. To access
Online Banking, you must use the Log In ID, together with a
password. You will be required to change your password upon your
initial log-in to Online Banking. You can change your password
on Online Banking at anytime. We recommend that you change your
password regularly. You should carefully select a password that
is difficult to guess. Memorize your password and don't write it
down.
Because the Log In
ID and password can be used to access your accounts, you should
treat your Log In ID and password with the same degree of care
and secrecy that you use to protect other sensitive financial
data. You agree that any transaction initiated using your Log In
ID and password will be deemed valid by us. Any person obtaining
access to your Online Banking Log In ID and password or other
means of access will have full access to your accounts and you
will be liable for any transaction that person makes. If you
give your Online Banking Log In ID and password or other means
of access to someone, they will have full access to your
accounts. Even if you attempt to limit that person's authority,
you are responsible for transactions that person makes. If you
have given someone your Online Banking Log In ID and password or
other means of access and want to terminate that person's
authority, you must contact us and change your Log In ID and
password to prevent further access by such person.
Your Online
Banking password will be disabled (locked) after the password is
entered incorrectly three consecutive times. Visit any of our
full service offices, to reestablish your Online Banking
password.
Click on the
Online Banking "Exit" tab to log off Online Banking.
Log off Online Banking whenever you leave your computer. To help
prevent unauthorized access and ensure the security of your
accounts, we will end your Online Banking session if we have
detected no activity for 10 minutes. This is to protect you in
case you accidentally leave your computer unattended after you
logged in.
You, or someone you have authorized by giving them your Online
Banking Log In ID and password or other means of access, can
instruct us to perform the following transactions:
Make transfers between your qualifying accounts to the extent
authorized;
Obtain information that we make available about your qualifying
accounts, such as balances and account history;
Make payments from qualifying accounts to your Peoples Community
Bank loans;
Make balance inquiries;
Obtain other services or perform other transactions that we may
authorize;
Pay bills to third parties (available with Online Banking Bill
Pay).
There are no fees
for accessing your account(s) through Online Banking; we may,
however, establish a schedule of service charges and fees for
any transaction under this agreement at any time. Other fees,
such as transaction limitation fees, may apply to services
conducted through Online Banking. Please refer to the Account
Disclosures that you received when you opened your account with
us.
New services may
be introduced for Online Banking from time to time. We will
notify you of the existence of these new services. By using
these services when they become available, you agree to be bound
by the rules that will be made available to you concerning these
services.
You must have
sufficient available funds in any account from which you
instruct us to make a payment or transfer.
If your request
involves an internal bank transaction, such as transferring
funds between accounts or making a loan payment, you must
request a funds transfer by 2:00 p.m. (EST) on a business day in
order for it to be completed on that business day. Transfers set
up by you after 2:00 p.m. on a business day, or on a
non-business day, will be processed the next business day.
Recurring internal transfers, set up by you through Online
Banking, that fall on a non-business day will be processed the
following business day.
If any of your
qualifying accounts are money market or savings accounts,
certain types of withdrawals from these accounts, including
payments and transfers, are limited by Federal Regulation to six
(6) per account in any monthly cycle. The kind of withdrawals
covered by this limitation are those made by means of
pre-authorized, automatic, Internet and recurring transfers, and
transfers or withdrawals by telephone agreement order or
instruction. A total of only three (3) of these kind of
withdrawals may be made by check, draft, debit card, or similar
order payable to third parties.
You also agree to
the "Deposit Account Agreement" that you signed for
when you opened your deposit account(s). You may request another
copy of these at the time you fill out your Online Banking
application.
You may enroll online for Bill Pay if you have a qualified
personal checking account.
There are no fees
for accessing your account through Online Banking Bill Pay; we
may, however, establish a schedule of service charges and fees
for any transaction under this agreement at any time.
All Bill Pay
payments are made from your qualified checking account. You have
the option to pay by paper check or electronically. You may make
payments to any business, merchant, or professional for products
or services. You also may make payments to individuals, family
or friends for non-business purposes. Payments may be made only
to payees with a U.S. payment address. You may not make a
payment of alimony, settlement of brokerage accounts, child
support, taxes, or any other governmental fees or court-directed
payments through Bill Pay.
When setting up a
new payee with the electronic payment option, your payee must
already be established in the system's electronic payee
database. Be sure you have chosen the correct payee from the
look-up option 'Search Electronic Payees' and that you have
entered your account number correctly (without dashes or
spaces). Please be aware that companies may not be able to be
paid electronically when you first attempt to set them up with
Bill Pay, but may be added to the list in the future. Remember
that you must have sufficient funds available at the time an
electronic payment is processed. Electronic payments will not be
sent if funds are not available.
If you pay a bill
by check (paper), the check will be mailed from our processing
center in Oklahoma to your payee. The check will post against
your account after it has cleared through the banking system,
exactly as if you had written the check manually.
If you wish to
remove Bill Pay, Peoples Community Bank will require written
notification.
Requests for
payments to third parties through Bill Pay made before 1:00 p.m.
(EST) on a business day are processed that day. Bill Pay
requests after 1:00 p.m. on a business day, or on a non-business
day, will be processed the next business day. Recurring payments
set up by you through Bill Pay, that fall on a non-business day
will be processed the following business day. Remember that
payments are processed (sent) on the date you specify, however
we cannot guarantee when your payee will receive your payment or
credit your account. Typically, electronic payments are received
in 2 to 4 business days and check (paper) payments mailed thru
the U.S. Postal Service are typically received in 7 to 10
business days, so plan accordingly. You should also allow
additional time for the first payment you send to a payee
through Bill Pay to allow the payee to adjust to the new form of
payment. You understand and agree that we are not responsible
for the timely delivery of postal mail or the improper
transmission or handling of payments by a third party such as
the failure of the Bill Pay payee to properly post a payment to
your account. To cancel a bill payment that you have scheduled
through Bill Pay, you must cancel the payment online the day
before the date that the payment is scheduled to be processed.
If you enter and schedule a payment for the current day you have
until 1:00 p.m. to edit or delete the payment.
Your Online Banking payments and transfers will be indicated on
the regular statement we provide or make accessible to you for
your accounts. You agree to notify us promptly if you change
your address or if you believe there are any errors or
unauthorized transactions on any statement or statement
information.
If we do not complete a payment or transfer on time or in the
correct amount according to our agreement with you, we will be
liable for your losses or damages, which you prove, are directly
caused by our action or failure to act. However, there are
exceptions to our liability. We will not be liable if:
Through no fault of ours, there is non-sufficient collected
funds in the account from which a payment or transfer is to be
made, or if the account has been closed or is not in good
standing, or if we reverse a payment or transfer because of
insufficient funds;
Any payment or transfer would exceed the credit limit of any
account;
Your equipment, or ours, was not working properly and the
breakdown should have been apparent to you when you attempted to
conduct the transaction;
We have terminated our Agreement with you;
You have not given us complete, correct or current account
numbers or other identifying information so that we can properly
complete the transaction;
You do not properly follow our instructions or if you provide us
with wrong or inaccurate information or fail to correct or tell
us about any inaccuracy of which you are aware;
You do not instruct us soon enough for your payment or transfer
to be received and credited by the time it is due;
The money in the account from which a payment or transfer is to
be made is subject to legal process or other claim, which
restricts the transaction;
Circumstances (such as fire, flood, or interruptions in electric
or telephone service) or persons beyond our control prevent,
delay, intercept or alter the transaction, despite reasonable
precautions that we have taken;
It can be shown that the merchant or payee received the payment
within the normal delivery time frame and failed to process the
payment through no fault of the Online Banking Service or our
service providers;
There is a hold on your account, or if access to your account is
blocked in accordance with banking policy;
You believe someone has accessed your accounts without your
permission and you fail to notify us immediately.
There may be other
exceptions to our liability.
We make no warranty of any kind, expressed or implied, including
any implied warranty of merchantability or fitness for a
particular purpose, in connection with the Online Banking
Services provided to you under this Agreement. We do not and
cannot warrant that Online Banking Services will operate without
errors, or that any or all Online Banking Services will be
available and operational at all times.
Except as
specifically provided in this Agreement, or otherwise required
by law, you agree the Bank, our officers, directors, employees,
agents or contractors are not responsible or liable for any:
Damages (including but not limited to, direct, indirect,
incidental, consequential or special damages);
Losses or expenses (including but not limited to, lost profits
and loss of use, arising in connection with this site or use
thereof or inability to use by any party, or in connection with
any failure of performance, error, omission, interruption,
defect, delay in operation or transmission, computer virus, or
time or system failure) even if the Bank, or representatives
thereof, are advised of the possibility of such damages, losses
or expenses;
Further, the Bank will not be responsible for any losses,
expenses and/or damage, whether direct, indirect, special or
consequential, caused by the unauthorized use of your password
resulting from your disclosure of your password to any third
party;
Use of hyperlinks to other Internet resources are at your own
risk; the content, accuracy, opinions expressed and other links
provided by these resources are not investigated, verified,
monitored or endorsed by the Bank.
If you believe your Online Banking Log In ID or password or
other means of access has been lost or stolen or that someone
has used them without your authorization, notify us immediately.
Call any of our offices or write us (phone numbers and mailing
address are listed on our "Locations" page).
Telephoning us is the best way of keeping your possible losses
to a minimum.
If you tell us within two business days after you discover that
your Log In ID or password has been lost or stolen, you can lose
no more than $50 if someone used your Log In ID or password
without your permission.
If you do not tell
us within two business days after you learn of the loss or theft
of your Log In ID or password, and we can prove we could have
stopped someone from using your Log In ID or password without
your permission if you had given us notice, you could lose as
much as $500.
Also, if your
statement shows transfers that you did not make or authorize,
tell us immediately. If you do not tell us within 60 days after
the statement was sent to you, you may not receive back any
money you lost after the 60 days, and therefore, you could lose
all the money in your account, if we can prove that we could
have stopped someone from taking the money if you had given us
notice in time. If a good reason, such as a long trip or a
hospital stay, has kept you from telling us, we will extend the
time periods.
In case of errors or questions about your electronic transfers
or payments, you should immediately call any of our offices or
write us (phone numbers and mailing address are listed on our
"Locations" page). Notification should be made as soon
as possible if you think your statement is wrong or if you need
more information about a transfer listed on the statement. We
must hear from you no later than 60 days (30 days if a business
account) after you received the first statement on which the
problem or error appeared. You must be prepared to provide the
following information:
Your name, relevant account number, address and phone number;
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;
The dollar amount of the suspected error and the date of the
transaction as shown on your statement;
If you tell us orally, we may require you send us your complaint
or questions in writing within 10 business days.
We will determine whether an error occurred within 10 business
days after we hear from you and will correct any error promptly.
If we need more time, however, we may take up to 45 days to
investigate your complaint or question. If we decide to do this,
we will provisionally credit your account within 10 business
days 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 do not receive it within 10 business days, we may
not credit your account.
If we decide there
was no error, we will send you a written explanation within 3
business days after we finish our investigation. You may ask for
copies of documents that we used in our investigation.
Qualified accounts you open after enrollment in Online Banking
may be included upon your request. Visit any of our full service
offices if you wish to add, change or remove an account from
Online Banking.
You may terminate your use of the Online Banking Service at any
time by notifying us at least 10 business days before the date
you want the service terminated. We may require you to put your
request in writing.
We may terminate
your use of the Online Banking Service, in whole or in part, at
any time without prior notice. Your access to the service may be
terminated automatically if your Online Banking qualified
checking or savings account is closed, or access to any of your
qualified accounts is restricted for any reason.
Termination will
not affect your liability or obligation under this Agreement,
for transactions we have processed on your behalf.
We will disclose information to third parties about your account
or electronic fund transfers made to your account:
Where necessary to complete a transfer or to investigate and
resolve errors involving the transfer(s); 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
With your consent.
We are committed to keeping your information accurate,
up-to-date and in accordance with commercial standards. If you
find information about you or your accounts is incomplete or
incorrect, please notify us immediately.
Online Banking and our Bank's website provide you with the
ability to send electronic mail (e-mail) to us. Online Banking
and the Bank's website do not require you to disclose any
personal information. Messages sent through our Contact Us Form
are done on a secure connection. You may submit confidential
information securely.
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