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Online Banking Service Agreement

This agreement states the terms and conditions that apply when you use First Commonwealth Bank’s Online Banking Service (First Access Online Banking).  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 can obtain copies of any disclosures pertaining to all of your First Commonwealth Bank accounts by the calling the Main Office in Prestonsburg at 606-886-2321 or toll-free at 1-877-886-6777.  You must also follow all of our instructions and procedures applicable to the services covered by this agreement.

 

General Information

Definition of Terms

“You” and “Your” means any person who applies for First Access Online Banking through completion of a First Commonwealth Bank Online Application and all persons authorized by the applicant to use their Online Banking Identification and Password or other means of access we establish or approve.

“We,” “us,” “our,” “Bank,” and “FCB” refer to First Commonwealth Bank.

“Business Day” shall mean Monday-Friday, except for federal banking holidays.

“Online Banking Agreement” means First Commonwealth Bank Online Banking Agreement.

“Online Banking” or “First Commonwealth Bank Online Banking” or “First Commonwealth Bank Online Banking Service” or “NetTeller” or “First Access Online Banking” means our service that allows you to transfer funds, access accounts, and obtain information by use of a personal computer and modem and/or other means we authorize or allow.

Should conflicting terms arise between the FCB Online Banking disclosures and the original product account disclosures, the most recent version of the original product account disclosure will take precedence.

 

General Description of Services

Account access via First Access Online Banking allows you to:

  • Transfer Funds between FCB Accounts
  • Make FCB Loan Payments
  • Place Stop Payments on checks
  • View Account Balances and Transaction History
  • View Previous Statements
  • Obtain E-Statements
  • Allow Bill Payment
  • Download Transactions
  • Obtain Account Information
  • Receive E-Mail Alerts
  • Utilize Secure Communication

 

Requirements for Your Use

To access your accounts through First Access Online Banking, you must have a FCB account and complete a 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 data encryption.  Cookies must be enabled.

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 no operate your computer or your software properly.  The Bank is not responsible for any errors or failures from any malfunction of your computer or your software.  FCB 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 your software.

 

Description of Services

Hours of Accessibility

You can access your accounts through First Access Online Banking 24 hours a day, 7 days a week.  However, we only process transactions and update information on business days.  Our business days are Monday-Friday.  Holidays are not included.  At certain times, First Access Online Banking may not be available due to routine system maintenance.

 

Account Access via Online Banking

Account access through First Access Online Banking allows you to conduct the following functions online: view account balances and transaction history, transfer money between authorized accounts, Bill Payment, make FCB loan payments, view and print past statements, E-statements, place stop payments on checks, download transactions to your personal computer.

 

Personal Identification and PIN/Password

You will be given an Online Banking Identification and PIN/Password, once you have submitted a complete Online Banking Application.  You will be asked to select a new PIN/Password upon your initial use of the Online Banking.  You will be required to use the Alphanumeric format (a combination of letters and numbers).  The Bank is entitled to act on the instructions received under you PIN/Password.  For security purposes, it is recommended that you memorize the ID and PIN/Password.  Sharing of your PIN/Password is strongly discouraged by the Bank, and done at your sole risk and peril.  You are responsible for keeping your ID, PIN/Password and other account data confidential.  Please choose a password that cannot be easily guessed by a would-be criminal.  By mixing capital and small letters with numbers, you can create a password that a potential criminal cannot guess.

A user will automatically be logged out of the online connection after ten (10) minutes of inactivity.  A user will automatically be locked out after three unsuccessful login attempts.  You will be prompted to change your password every One Hundred Eighty (180) days.  The password must be at least eight (8) characters, using the alphanumeric system (a combination of letters and numbers).  You will be restricted from using four (4) previous passwords.  If you do not access Online Banking in a ninety (90)-day period your First Access Online Banking account will become dormant.  FCB will limit your access to only the accounts you own or have authorized access to.

No bank employee will ever ask for your PIN/Password, nor should you provide it to anyone unless you intend to allow that person access to your accounts.  YOU AGREE TO KEEP YOUR PIN/PASSWORD CONFIDENTIAL.  USE OF THE PIN/PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH FIRST COMMONWEALTH BANK’S ONLINE BANKING.  You agree that any FCB online transaction or request initiated by use of the PIN/Password will be subject to and governed by this Agreement.  Anyone, to whom you give your Online Banking Identification and PIN/Password, will have full access to your accounts, even if you attempt to limit that person’s authority.  For this reason, you should not disclose your Online Banking Identification and PIN/Password to other persons.

 

Transfers

Through First Access Online Banking you are allowed to make transfers between your various FCB accounts, including the ability to make your FCB loan payment.  You must be an owner or an authorized business user to have the unrestricted right of withdrawal from all accounts to or from which you request a transfer.  Not all accounts can be linked for Online Banking.  We reserve the right to deny transfers between certain types of accounts under certain circumstances.

A transfer initiated through First Access Online Banking before 6:00 p.m. (Eastern Standard Time) on a business day is posted to your account the same day.  All transfers completed after 6:00 p.m. (Eastern Standard Time) on a business day or anytime on a Saturday, Sunday, or banking holiday, may not be posted until the next business day.

The number of transfers from accounts may be limited as described in the applicable portions of the deposit account information.  Each transfer through First Access Online Banking from a savings or money market account is counted as one of the six (6) limited transfers permitted each statement period, as described in the Deposit Account Rules and the Truth-In-Savings disclosure, given at the time of account opening.

If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

 

Stop Payment of Checks

Stop payment orders may be placed using First Access Online Banking.  Stop payment orders may only be placed using First Access Online Banking for checks you have drawn on your FCB accounts.  The fee per stop payment is listed on your Truth-In-Savings Disclosure and Schedule of Fees, given at the time of account opening.  A copy is available upon request at any of our offices.  The stop payment fee is automatically deducted from your account.  Stop payment orders placed using First Access Online Banking are considered by us to be verbal stop payment requests, which will be effective for 180-days.  Your stop payment order request must include the exact information in order to be effective.  If any information describing the check is not accurate, FCB may not find the check.  First Commonwealth Bank shall not be liable for failing to stop payment on a check or on the wrong check if you do not accurately enter the stop payment request.

 

Cancellation of Services

If you wish to cancel any FCB Online Banking Services, please contact a FCB Customer Representative, by calling 606-886-2321 or toll-free at 1-877-886-6777.  You may also write to us at: First Commonwealth Bank, 311 North Arnold Avenue, Prestonsburg, KY 41653.  You may also e-mail us by using our secure “Contact Us” form, found on the FCB website.  We ask that you do not send sensitive information via regular e-mail, as some e-mail transmissions are not secure.

The Bank reserves the right to terminate the FCB Online Banking Agreement, in whole or in part, at any time for any reason.

 

New Services

First Commonwealth Bank may, from time to time, introduce new Online Banking Services and/or enhancements to the current service.  We shall update this Online Banking Agreement and notify you of the existence of these new services.  By using these services when they become available, you agree to be bound by the terms contained in this FCB Online Banking Agreement.

 

Additional Provisions

Usage

Your first use of First Access Online Banking confirms your agreement 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 (if applicable) that may be imposed.  You are liable for all transactions that you may make or authorize.

Notify us immediately if you believe another person has improperly obtained your Online Banking Identification or PIN/Password.  Also notify us if someone has transferred (or may transfer) money from your Bank deposit account without your permission, or if you suspect any fraudulent activity on your account.  To notify us, call a First Commonwealth Bank Representative at 606-886-2321 or toll-free at 1-877-886-6777 in Prestonsburg, KY.

You may also write to us at: First Commonwealth Bank, 311 North Arnold Avenue, Prestonsburg, KY 41653.

 

Bank Liability

Except as specifically provided in this First Commonwealth Bank 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 following, 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 of the installation, use or maintenance of the equipment, software, First Commonwealth Bank Online Banking Service, or Internet browser or access software.

If we do not complete a transfer 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:

  •  If, through no fault of ours, you do not have enough money in your account to make a transfer
  •  If a legal order directs us to prohibit withdrawals from the account
  •  If your account is closed or if it has been frozen
  •  If you, or anyone you allow, commits any fraud or violates any law or regulation
  • If any electronic terminal, telecommunication device or any part of the electronic fund transfer system are not working properly
  • If you have not properly followed the instructions for using FCB Online Banking Account Access
  • If circumstances beyond our control (such as fire, flood or improper transmission) prevent the transfer, despite reasonable precautions taken by us
  • If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction
  • If you do not submit your transfer instructions within the appropriate time period

 

Error Resolution

Call or write to us as soon as possible if you think your transaction information is wrong or if you need more information about a transaction shown through First Commonwealth Bank Online Banking Service.  The telephone number and address you may use are as follows:

Phone customer service at 606-886-2321 or toll-free at 1-877-886-6777

Write to: First Commonwealth Bank, 311 North Arnold Avenue, Prestonsburg, KY 41653

Tell us your name and account 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.

Tell us the dollar amount of the suspected error.  If you tell us verbally, we may require that you send us your complaint or question in writing within ten business days.

We will tell you the results of our investigation after we hear from you and will correct any error promptly.

If we determine that there is no error, we will send you an explanation after we finish our investigation.  You may ask for copies of the documents that we used in 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 six (6) in the monthly statement period.  Withdrawals covered by this limitation are ones made by means of preauthorized transfer, automatic transfer, or payments arranged by telephone request.  A total of only three (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 Deposit Account Rules, Truth-In-Savings Disclosure and Funds Availability Policy that were delivered to you when you opened your deposit account(s).

 

Privacy

First Commonwealth Bank reserves the right to change this Agreement and Disclosure statement.  Unless an immediate change is necessary to maintain or restore the security of an account system, we will mail or deliver a written notice to you at least (30) days before the effective date of any change in a term or condition that would result in:

  • Increased fees
  • Increased liability
  • Fewer types of available electronic funds transfers; or
  • Stricter limitations on the frequency or dollar amount of transfers

If we make such an immediate change permanent and notification will not jeopardize the security of an account or system, we will notify you in writing on or with the next regularly scheduled periodic statement or within thirty (30) days or making the change permanent.

 

Fees and Charges

Access to the First Commonwealth Bank Online Banking Service is furnished at no charge to the consumer customer.  Business customers may be charged a monthly service fee.

This does not include regular fees associated with your bank accounts (if applicable) as stated in your deposit agreements with us.

 

Operating Requirements

The customer is required to use a secure browser incorporating secure socket layer (SSL) encryption to establish a connection to the login screen.  Presently, the system requires 128-bit encryption.  First Commonwealth Bank reserves this right to change this requirement at any time to maintain the security of our FCB Online Banking products.

All transactions occur on a secure server, which uses numerous firewalls and encryption programs.  At no time will you be requested to pass your First Commonwealth Bank account numbers over the Internet.