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     Online Banking Agreement

 
INTRODUCTION

BY ACCEPTING THIS AGREEMENT YOU ACKNOWLEDGE AND AGREE THAT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF THE INTERNET BANKING SERVICES OFFERED BY FIRST COMMUNITY BANK("FCB") AND THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT. FIRST COMMUNITY BANK MAY AMEND THESE TERMS FROM TIME TO TIME. YOU WILL BE NOTIFIED OF ANY AMENDMENTS THAT AFFECT YOUR RIGHTS OR OBLIGATIONS WITHIN THE APPROPRIATE TIME PERIOD. EACH OF YOUR ACCOUNTS AT FCB WHICH ARE ACCESSED BY ONLINE BANKING CONTINUE TO BE GOVERNED BY THE APPLICABLE ACCOUNT DISCLOSURES AND REGULATIONS RELATING TO DEPOSIT ACCOUNTS AND OTHER SERVICES AND ELECTRONIC FUNDS TRANSFER AGREEMENTS AND DISCLOSURES. PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS. IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, PLEASE CONTACT SUPPORT AT 931-685-1444 OR EMAIL
fcb@first-community.net.


DEFINITIONS
 

You or Your - The person who applies for or using Online Banking.
We, Us, or Our - Refers to First Community Bank of Bedford County
Business Day - shall mean Monday - Friday except for federal banking holidays
Business Day Cutoff - First Community Bank will process all transactions completed by 2:00 p.m. on that business date. Transactions completed after 2:00 p.m., including transfers, will be processed on the following business day.
"Payee" - means the merchants, individuals or institutions you wish to pay using the Bill Payment Service.
"Online Banking" or "Internet Banking Service" - means our service that allows you to make payments, transfer funds, access accounts, make purchases, obtain information, and perform other transactions over the Internet by use of a personal computer and modem and/or other means we allow or authorize.
Privacy Statement - First Community Bank understands how important privacy is to our customers. We have taken steps to insure your security and privacy for your personal and financial dealings with the bank.

ABOUT INTERNET BANKING

Account Access through FCB Online Banking allows you to do the following:
  • View account balances and transaction history
  • Transfer money between accounts
  • Set up recurring transfers between accounts
  • Make FCB loan payments
  • Download account transactions

    For customers who select Bill Payment, these additional functions are available:
  • Pay bills to most merchants, individuals, and institutions
  • Set up recurring payments
  • Download your payment schedule
  • Retain payment history
  • Retain record of payees

    Special commercial services may also be offered to business accounts including:
  • ACH Credit Origination
  • ACH Debit Origination
  • Wire Transfer Requests
  • Direct Deposit Origination

    Requirements for Your Use
    To access your accounts through First Community Bank Online Banking, you must have a FCB account and complete an FCB Online Banking application. In addition, you will need a personal computer, internet service through the provider of your choice, and a compatible web browser with 128-bit encryption.
    Click here to ensure your browser is secure. You may download a compatible web browser at the following sites:

    Microsoft Internet Explorer http://www.microsoft.com/downloads/
    Netscape Navigator http://browser.netscape.com/

    You are responsible for the installation, maintenance and operation of your computer and your browser software. The risk of error, failure, or non-performance is your risk and includes the risk that you do not operate your computer or software properly. The Bank is not responsible for any errors or failures from any malfunction of your computer or your software. First Community Bank is not responsible for any electronic viruses that you may encounter. The Bank is not responsible for any computer virus-related problems that may be associated with the use of Online Banking. The Bank has no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or software.

    Description of Services
    Account Access through FCB Online Banking allows you to conduct the above mentioned transactions with no monthly or transaction fees. Other fees, as described in your deposit account information may apply to services ordered online and to transfers to and from your accounts. You are responsible for all telephone charges you incur in connecting to the FCB Online Banking and you are also responsible for all charges by any Internet Service Provider you use.

    Transfers and Payments
    Through FCB Online Banking you are allowed to make transfers between your various Online Banking Accounts. You may also make your FCB loan payments. You must be an owner of and have unrestricted right of withdrawal from all accounts to or from which you request a transfer. We reserve the right to deny transfers between certain types of accounts under certain circumstances. The number of transfers from accounts may be limited as described in the applicable portions of the deposit account information. Each payment or transfer conducted through Online Banking from a savings or money market account is counted as one of the six limited withdrawals permitted each statement period as described in the disclosure and regulations for accounts.

    Bill Payment Services
    Bill Payment through FCB allows you to schedule bill payments. You can arrange for the payment of current, future and recurring bills from your designated Bill Payment Account. Bill Payment allows you to pay most merchants, individuals, and institutions and download your payment schedule at your convenience. Payments may be made for up to a maximum of $9,999.99. There is no limit to the number of payments that may be authorized, or the number of payees you can pay through Bill Payment. However you may NOT use Bill Payment to pay taxes, court ordered payments, or any governmental agency.

    The Bill Payment Schedule of Fees is as follows:
     

  • For individuals the cost for Bill Payment is free.
     
  • For business accounts the cost is free.

    Upon your acceptance to the Bill Payment service, you will receive your Bill Payment ID in the mail with your Bill Payment PIN to follow two days later in a separate mailing. These are different than your Online Banking identification. You are liable and responsible for all Bill Payment access codes.

    You have the right to add, edit or delete a payment any time before 10:00 p.m. CST the business day before the payment is scheduled to pay. Payments made through FCB Online Banking Bill Payment require sufficient time for your payee to credit your account properly. To avoid incurring a finance charge, you must schedule a payment sufficiently in advance of the due date of your payment.

    YOU MUST SCHEDULE THE PAYMENT AT LEAST FIVE BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE AT YOUR PAYEE.

    By scheduling payments and submitting your payees' information including their addresses, you authorize us to follow the payment instructions to these payees. When we receive a payment instruction for the current or future dates, we will remit funds to the payee on your behalf, from the funds in your designated account on the day you have instructed them to be sent. Funds for all bill payments, whether these payments are made electronically or by check, will be withdrawn from your account on the day the payment is scheduled to be sent to the payee.

    The Bank is under no obligation to notify you if it does not complete a payment because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or for rescheduling the payment through bill payment.

    Changes in Terms
    FCB may change the Online Banking Services and terms, including fees, set forth in this agreement at any time. You will be notified of any such change as required by applicable law either by mail or by an electronic message. You understand that, by using the Online Banking Services after a change becomes effective and after you are notified of the change, you are agreeing to the change.

    Identification, PIN and Security
    You will be given an Online Banking Identification and PIN that will give you access to your accounts through FCB Online Banking. Once you have submitted a completed FCB Online Banking Application, you will receive your Online Banking ID in your Welcome Packet. You will be asked to select a new PIN upon your initial use of Online Banking. We recommend that you change your PIN on regular basis. The bank is entitled to act on the instructions received under your PIN. For security reasons it is recommended that you memorize your ID and PIN and do not write them down. You are responsible for keeping your ID and PIN and it is also recommended that you do not disclose your PIN with others. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers or any means of identification. FCB reserves the right to block access to the Online Banking Services to maintain or restore security to FCB systems if FCB reasonably believes your access codes have been compromised. You are liable and responsible for all Online Banking Services transactions made using your means of identification, whether those transactions are made by you or any person you authorize, permit or enable to have your means of identification, (even if the person exceeds your authority) or by any person who obtains through you, by whatever means, your means of identification. If you have given someone your means of identification and wish to terminate their authority, you must notify FCB at once so necessary steps can be taken to change all means of identification. You agree to defend, hold harmless, and indemnify FCB from and against any and all claims of any nature arising out of any such access by a person you have authorized, permitted or enabled to have access to your FCB accounts via the Online Banking Service.

    Cancellation of Services
    Your Online Banking may be cancelled at any time by FCB without prior notice due to insufficient funds in one of your accounts. After cancellation, service may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits.
    If you wish to cancel your Online Banking service send cancellation instructions to:

    First Community Bank
    Internet Banking
    PO Box 1027
    Shelbyville, TN 37162

    If you decide to cancel your Online Banking and have scheduled payments or transfers, these will be cancelled. You should make other payment or transfer arrangements.
    The bank reserves the right to terminate the FCB Online Banking agreement in whole or in part at any time for any reason.

    OTHER PROVISIONS

    Consumer Liability
    Your first use of FCB Online Banking confirms your agreements to and understanding of the terms and conditions in the FCB Online Banking Agreement. You agree to the terms of this agreement and the schedule of charges that may be imposed. You authorize us to deduct applicable charges and payments, as accrued, directly from your designated payment account. You are liable for all transactions that you may make or authorize, even if the person you authorize exceeds your authority. Notify us immediately if your identification and PIN have been compromised, lost or stolen. Failure to notify us immediately could result in the loss of all money accessible by the PIN. If we are notified within two (2) business days after you discover that your Identification and PIN has been compromised, lost or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) business days, and we can prove we could have prevented someone from using the Identification and PIN without your permission, you could lose as much as $500.

    Unauthorized Transactions in Your Accounts
    If your statement shows unauthorized transfers, notify us within 60 days after the statement is mailed to you or viewed on your computer. After 60 days, if we can prove that we could have stopped someone from taking the money if we had been told, lost funds might not be recovered.

    Limit of Bank's Liability
    FCB agrees to make reasonable efforts to ensure full performance of the Online Banking Services. Except as specifically provided in this FCB Online Banking Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, any indirect, special, incidental or consequential damages whether caused by the equipment, software, the Bank, OR by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Internet Explorer browser), OR by Internet access providers, OR by online service providers OR by an agent or subcontractor of any of the foregoing, nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out or the installation, use or maintenance of the equipment, software, the FCB Online Banking or Internet browser or access software.

    It is our responsibility to process all bill payments properly that are initiated on time and/or are in the correct amount through the Online Banking Service. We will pay any late fees or finance charges as long as your account was in good standing with the merchant prior to this incident. We will also be liable to you if we fail to stop a payment pursuant to your timely order to do so.
    We shall not be responsible if any of the following occurs:
     
  • Funds are not showing on the system's available balance in your account
     
  • Funds are subject to legal process
     
  • If the payment account is frozen or closed
     
  • If any part of the electronic funds transfer system is not working properly
     
  • Any information provided by you about the Payee is incorrect
     
  • There are any delays in the handling of the payment by the Payees
     
  • Natural disasters (fire, flood, tornado etc.) or other uncontrollable circumstances (mail delays, power failures etc.) prevent proper completion and delivery of transactions.
     
  • A payment that you have not scheduled properly
     
  • We will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended payee.
     
  • We will also not be liable if 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 or our service provider.
     
  • If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transactions.

    Questions about your Electronic Fund Transfers and Error Resolution.
    In case of errors or questions about your electronic transfers, statement or account transactions call or write us at the telephone number or address listed below, as soon as you can, if you think your statement or transaction is wrong or if you need more information about a transfer listed. We must hear from you no later than sixty (60) days after we send the first statement on which the problem or error appeared. The telephone number and address are:

    First Community Bank
    P. O. Box 1027
    Shelbyville, TN 37162
    931-684-5800

    Tell us your name and account number and describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error and tell us the dollar amount of the transaction.

    If you tell us orally, we may require that you send us your complaint in writing within 10 business days.

    We will tell you the results of our investigation within ten (10) business days (twenty (20) days if you initiated the transaction from outside the United States ) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45)days (ninety (90) days if you initiated the transaction from outside the United States) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten business days (twenty (20) days if you initiated the transaction from outside the United States) for the amount you think is in error, so that you will have the use of your money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account.

    If we determine that there is no error, we will send you an explanation within three (3) business days after we finish our investigation.

    Limits on Withdrawals
    If any of your qualifying accounts are money market or savings accounts, certain types of withdrawals from those accounts, including payments and transfers are limited to a total of no more than 6 in the monthly statement period. Withdrawals covered by this limitation are ones made by means of preauthorized transfers, automatic transfer, or payments arranged by telephone request. A total of only 3 of these types of withdrawals may be made by check, draft, debit card, or similar order payable to third parties. You also agree to the "Terms and Conditions" that were delivered to you when you opened your deposit account(s).

    Disclosure of Account Information to Third Parties
    FCB will only disclose information to third parties about your account or the transfers you make:
     
  • When it is necessary for completing the transaction;
     
  • To provide your financial information with parties named in a lawsuit or administrative action when we are served with a court order or subpoena.
     
  • to provide your financial information with federal or to state regulatory authorities
     
  • to share information about you or your accounts with us with a third party such as a credit bureau or consumer reporting agency
     
  • the customer requests it
     
  • to share information with outside agents or service providers to prepare or provide services on our behalf (these businesses agree to comply with confidentiality requirements and abide by applicable law.
     
  • to FCB employees for the purpose of pursuing or disposing of a dispute or claim involving an account.

    We will not sell lists containing names,addresses or other information about consumers using the Online Banking Service.
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