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ONLINE BANKING AGREEMENT
Peoples Community Bank
Online Banking Agreement
February 7, 2005
I. Introduction
This Online Banking Agreement (Agreement) contains the terms and conditions that govern the access to information, accounts, banking, bill payments, and other online services. In this agreement the effective words "Bank", "We", "Us", and "Our" means Peoples Community Bank; and the words "You" or "Your" shall mean the person authorized to access the account. This Agreement is to be considered an addendum to the terms and conditions of your account and the disclosure provided by the Bank at the time of account opening or as included with a paper statement. You may use your Internet Service Provider to access Eligible Accounts (as defined in Section III of this Agreement) and authorize bill payments via the Internet.
By using the Peoples Community Bank Online Banking Service, you agree to abide by the terms and conditions of this Agreement. All electronic communications that meet our requirements will be deemed valid and authentic and you agree that the electronic communications, disclosures, and notices will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies absent proof of altering or tampering.
II. Terms and Conditions
A. Termination - Unless otherwise required by applicable law, the Bank may terminate this Agreement and/or your access to any of the online services through the Internet, in whole or in part, at any time.
B. Changes - Except as otherwise required by law, rule, or regulation, the Bank may change the terms and conditions of this Agreement from time to time and at any time. When changes are made, we will update this Agreement at the Website. Changes will be effective when first updated on the Website unless law, rule, or regulation requires advanced notice in which case the change will be effective in accordance with the law, rule, or regulation.
C. Our Liability - Except as specifically provided in this Agreement or where the law requires different standards, you agree that neither the Bank nor it's service providers shall be responsible for loss, property damage, or bodily injury, whether caused by the equipment, software, the Bank, or by internet access providers, or online service providers or by an agent or subcontractor of any of the foregoing, nor shall the Bank or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the online services, or the internet or access thereof.
D. The Bank's Liability For Failure to Complete Transaction. The Bank will use its best efforts to make all of your transactions proper. If we do not complete a transfer from your Account on time, or in the correct amount, according to our Agreement with you, the Bank may be liable for your losses or damages. However, the Bank shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:
1. Your account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account.
2. The Service's Processing Center is not working due to normal maintenance activities or is not working properly do to circumstances beyond our control, whether or not you know or have been advised by the Service about the maintenance or malfunction before you execute the transaction.
3. You have not provided the Service with the correct account information for those accounts to which you wish to direct transfer.
4. Circumstances beyond the Service's control (such as, but not limited to, power interruption, computer malfunction and acts of God such as fire, flood or interference from an outside force) that prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid or cure these circumstances.
5. There is an allegation of fraudulent activity concerning the account or the funds in the account are subject to legal process or other encumbrances or restrictions.
Provided none of the foregoing exceptions to the Service performance obligations are applicable, if the Service causes an incorrect amount of funds to be removed from your transaction account or causes funds from your transaction account to be directed to a person or entity which does not comply with your payment instructions, the Service shall be responsible, but only for returning the improperly transferred funds to your transaction account and for directing to the proper recipient any previously misdirected payments or transfers.
E. Liability for Loss or Erroneous Data. You will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of your computer system or any third party communications provider on which you or the Bank may rely. We shall have no liability to you for any damage or loss, whether direct or consequential, which you may incur by reason of your use of your computer system.
F. Changes/Interruptions in Services. We may on a regular basis perform maintenance on our system that may result in interrupted service or errors in the Service. We also may need to change the scope of our Service from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. If access to the Service is interrupted or unavailable through use of your personal computer and modem, you may use your touch tone telephone to obtain access.
G. Harm to Computer Systems/Data. You agree that we have no liability or responsibility to you for computer viruses, worms or other similar harmful components that may enter your computer system whether by downloading information or from otherwise connecting to the our site. In any case our total liability if it is determined to be caused from our fault shall be limited to replacing, or the reasonable cost of replacing the lost information or other material you obtained from our system. We will not be responsible or liable for any indirect, incidental or consequential damages that may result from such harmful components.
H. Performance of Software and Electronic Service. In no event will we or our officers, directors, employees or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use the Service, or for any loss of any data, even if we have been informed of the possibility of such damages. WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
I. Your Liability - You agree not to give or make available your User ID or Password to any unauthorized individual. Your liability for an unauthorized withdrawal or transfer or series of related unauthorized withdrawals or transfers is detailed in the section titled General Terms - Unauthorized Use.
J. NOTICES - UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT WE ARE REQUIRED TO PROVIDE NOTICE OR OTHER COMMUNICATION TO YOU IN WRITING, THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO YOU BY E-MAIL TO YOUR INTERNET ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS.
III. Accessing Online Banking
A. Eligible Accounts - Each open and active the Bank checking, savings, certificate of deposit or loan account having the same primary account name and Tax ID or Social Security number is eligible to be accessed through online banking.
B. Fees - There are no fees assessed to access your eligible accounts through online banking or to use bill payment services at this time.
C. E-mail - One method of communicating with the Bank is through the Internet e-mail system. This method is very effective for request of additional information, questions, comments, and other miscellaneous correspondence. HOWEVER, E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION AND CONFIDENTIAL INFORMATION SHOULD NOT BE SENT OVER THE INTERNET E-MAIL.
D. Secure E-mail - A secure email form can be found via various links within the internet banking site. This form should be used if the issue requires the disclosure of sensitive information, including account numbers, tax id/social security numbers, address, etc.
E. Log-on - To access your Eligible Accounts you will be required to complete an online application. Once you have been approved, you will be notified via email. Upon receiving this email, you will need to click the "log on" button from the online banking web page to access your Eligible Accounts. Your initial User ID will be your Social Security Number, and your initial Password will be the last four digits of your Social Security Number. Once the User ID and Password are entered correctly, you will be prompted to change your User ID and Password.
The new User ID may consist of familiar words such as a nickname or description (i.e. Bills checking, Household accounts), a name (i.e. JDoe, BSmith), or a number. Your new Password must contain at least four (4), and no more than sixteen (16) characters. These can be any combination of letters (letters are case sensitive), numbers and/or symbols.
Please call (513) 759-7740 or (800)-682-7309 for assistance with any problems or questions that you may have.
F. Preventing Misuse - The best way to prevent misuse of your account is to protect your personal information, including your account numbers and passwords. In addition, it is essential that we are notified as quickly as possible if you believe someone has gained access to your confidential information. If this situation develops contact us at (513) 759-7740 or (800)-682-7309.
Canceling Service by Customer - If (after signing up for Bill Pay) you decide you no longer wish to have Bill Pay as an option on your Accounts, please call our Electronic Banking Help Desk at (513) 759-7740 or 1-(800)-682-7309, e-mail* us at help@pcbionline.com including your full name, address and phone number and the statement, "I no longer wish to use bill payment.", or use the secure e-mail form contained within the site.
*Please do not send account numbers or information via non-secure e-mail. If more information is needed to remove bill payment from your account, we will contact you directly.
Bank's Right to Cancel - The Bank reserves the right to cancel this service in whole or in part at its sole discretion for any reason whatsoever, without prior notification. Account holder agrees to indemnify and hold harmless the Bank, its directors, officers, employees and agents from any loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with such cancellation.
IV. General Terms
A. Amendments and Changes - Except as otherwise required by law, rule, or regulation, the Bank may amend and change the terms and conditions of this Agreement as well as any charges or fees, from time to time and at any time by giving you at least thirty (30) days notice before the effective date of the amendment unless such change or amendment is required by law or regulation. When changes are made, we will update this Agreement at the Website. The Website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time.
B. Fund Transfer Service (Types of EFT Services). The EFT services permitted with Online Banking include the transfer of funds from your checking and savings account or accounts as identified by those accounts having the same account name and account social security or tax ID number. You may use your computer to transfer funds to and from any of your Bank Eligible Accounts. Bank Eligible Accounts are only those accounts having the same primary account name and tax ID or social security numbers. Interest on Lawyers' Trust Accounts (IOLTA) and Interest on Trust Accounts (IOTA) are not eligible for withdrawals or transfers with Online Banking. When the Bank receives a transfer instruction, you are authorizing us to charge your "from" account on the selected amount and remit funds into the "to" account on your behalf. The following limitations apply to deposits, withdrawals and transfers:
1. The use of deposited funds is restricted by the terms and conditions, regulations and agreements covering accounts of the Bank.
2. For security reasons, there are limits on the number and amount of withdrawals that may be made.
3. There are limits on the amount of cash you may withdraw or transfer immediately after you make a deposit.
4. Transfers and withdrawals from each of your savings accounts or Money Market account to any other accounts are limited as described therein, whether through the EFT services herein, in person or by any other method. No deposits or withdrawals may be made on a dormant account through an EFT Transaction.
5. In addition to the terms herein, the limitations, restrictions and terms set forth in the Bank's Account Terms and Conditions shall also apply to your account or accounts.
C. Governing Law - This agreement shall be deemed made in Hamilton County, Ohio and the terms and conditions of the agreement shall be governed by and construed in accordance with the laws thereof.
D. Unauthorized Use - Tell us IMMEDIATELY if you believe your User ID and/or Password have been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you tell us within 2 business days, you can lose no more than $50 if someone used your User ID and/or Password without your permission. Each owner is responsible for transactions conducted by individuals with whom User ID and Password have been shared.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your User ID and/or Password, and we can prove we could have stopped someone from using your User ID and/or Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows a transfer that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed 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 your delay in notifying us was due to extenuating circumstances, we may at our discretion extend the times specified above. You may notify us in person, by telephone, by E-mail, or in writing.
E. Questions or Error Corrections - In case of questions or errors about online banking transactions, please notify us via:
Telephone: (513) 759-7740 or (800)-682-7309
Email: help@pcbionline.com
Postal Mail:
Peoples Community Bank
Attn: Online Banking
7615 Voice of America Drive
West Chester, OH 45069
TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
SERVICE DEFINITIONS
"Service" means the Bill Payment Service offered by Peoples Community Bank, through Check Free Services Corporation. (This can be added for those Sponsor who wish to disclose this.)
"Agreement" means these Terms and Conditions of the bill payment service.
"Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill payments will be debited.
"Billing Account" is the checking account from which all Service fees will be automatically debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
"Due Date" is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
PAYMENT SCHEDULING
Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
PAYMENT METHODS
The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.
PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
STOP PAYMENT REQUESTS
The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
PROHIBITED PAYMENTS
Payments to Payees outside of the United States or its territories are prohibited through the Service.
EXCEPTION PAYMENTS
Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
Information provided to the Payee - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill.
Activation - Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.
Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.
Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Payees.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 877-370-1783 during customer service hours. Wording for Sponsors with e-mail contact only: you must notify the Service at once by using the application's e-messaging feature.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
1. Telephone us at 877-370-1783 during customer service hours;
2. Contact us by using the application's e-messaging feature; and/or,
3. Write us at:
Check Free
PO 182477
Columbus, OH 43218-2477
If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
1. Tell us your name and Service account number;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
1. Where it is necessary for completing transactions;
2. Where it is necessary for activating additional services;
3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
4. To a consumer reporting agency for research purposes only;
5. In order to comply with a governmental agency or court orders; or,
6. If you give us your written permission.
SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:
1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
5. The Service is authorized to report the facts concerning the return to any credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:
1. Telephone us at 888-842-3530 during customer service hours; and/or
2. Write us at:
Peoples Community Bank
6100 West Chester Road
West Chester, OH 45071-1130
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
PAYEE LIMITATION
The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
RETURNED PAYMENTS
In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Service.
INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. If your account was added online the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you in order to verify ownership of the Payment Account(s) and/or Billing Account. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).
DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.
ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
NO WAIVER The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any 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.
CAPTIONS
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
Certain personal information about visitors to this Web site is being collected by Peoples Community Bank, West Chester, OH, and its web site provider: Digital Insight, Calabasas, CA 91302
This information is collected by using the following method(s): Personal information is collected from you at the time an application for a loan or deposit account is submitted to the Bank, at the time transactions are conducted through the online banking service, and at the time information is provided by you via e-mail (including the name, e-mail address, and any other information on the e-mail header). The Bank does not use “cookies” to collect and track information about you. Information is collected for the purpose of processing your application, transaction, or request for information. The information will be used for the purpose of meeting your banking needs and requests, and providing services to you in the future. The Bank does not sell or share customer information with any non-affiliated third parties, except certain third party service providers. These entities will be required to execute a confidentiality agreement with the Bank which requires adherence to the Bank’s privacy policy and practices. The Bank shares information with affiliated entities as permitted by law, in order to provide you with better services and more options.
If you do not want your personal information collected, you may refrain from supplying the information, whether through e-mail or the Bank’s online banking service. However, failure to do so may restrict the activities you can perform via Peoples Community Bank Online.
We are taking the following steps to ensure the privacy and accuracy of the information collected from or about you:
We continually strive to maintain complete and accurate information about you and your accounts. Should you ever believe that our records contain inaccurate or incomplete information about you, please notify us. We will investigate your concerns and correct any inaccuracies.
At Peoples Community Bank, employee access to personally identifiable customer information is limited to those with a business reason to know such information. Employees are educated on the importance of maintaining the confidentiality of customer information. Because of the importance of these issues, all Peoples Community Bank employees are responsible for maintaining the confidentiality of customer information and employees who violate these privacy principles will be subject to disciplinary measures.
Additionally, information you submit via Peoples Community Bank Online is protected by encryption technology, which scrambles account information to reduce the possibility of access by unauthorized individuals outside the Bank. To further protect your online banking service, the Bank requires the use of an ID and password.
You may review the information we collect about you and correct any errors in that information by reviewing account statements and any other correspondence from us and notifying us of any inaccurate or outdated information at the address or phone number on your statements.
Customers who have questions about this Privacy Policy, or the privacy of their customer information, or would like to inform us about the potential misuse of their personal information should call Peoples Community Bank at (513) 870-3530 locally or (888) 815-3530 outside the banking area, or write to Compliance Officer, 6100 West Chester Road, P.O. Box 1130, West Chester, OH 45069 or send an e-mail to lhenn@pcbionline.com. Since some e-mail transmissions may be subject to interception, if your correspondence contains sensitive information (e.g., your account number or social security number) you may want to send a letter via the postal service.
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