eBanking Terms and Conditions

Agreement and Disclosures

This agreement states the terms and conditions that apply when you use Portage County Bank’s eBanking service. 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 Portage County Bank accounts by calling 715-366-4311. You must also follow all of our instructions and procedures applicable to the services covered by this agreement.

The terms “you” and “your” mean each person who establishes an eBanking Customer Account with us or who uses or is authorized to use the eBanking User ID and password or other means of access we establish or approve. “Portage County Bank eBanking” means our service that allows you to make payments, transfer funds, access accounts, obtain information and perform other transactions over the Internet by use of a personal computer and modem and/or other means we authorize or allow.

Should conflicting terms arise between the Portage County Bank eBanking disclosures and the original product account disclosures, the most recent version of the original product account disclosure will take precedence.

QUALIFICATIONS

To qualify for Portage County Bank eBanking you must:

Be a customer of Portage County Bank with open accounts in good standing
Be a resident of the United States

TELEPHONE BANKING

1-800-406-9863

USER ID AND PASSWORD

To access our Portage County Bank eBanking service, you will need to sign up through the eBanking link on our website: www.portagecountybank.com

ONLINE BANKING AND MOBILE BANKING TRANSACTIONS

You, or someone you have authorized by giving them your Portage County Bank eBanking User ID and password or other means of access (even if that person exceeds your authority), can instruct us to perform the following transactions:

Make transfers between your qualifying accounts to the extent authorized.
Transfer between deposit accounts
Transfer to a loan account/authorizing payment
Authorize electronic funds transfers
Obtain information that we make available about your qualifying accounts.
View stop payment list
View transfer list
Obtain other services or perform other transactions that we authorize.

LIMITS OF PORTAGE COUNTY BANK’S eBANKING TRANSACTIONS

You must have enough available money or credit in any account from which you instruct us to make a payment or transfer. You may not designate any account that requires more than one signature for withdrawals as an account for use for payments or debits. You also agree to the “Deposit Account Rules” that you received when you opened your deposit account. You can request another account disclosure at the time you fill out your Portage County Bank eBanking application.

YOUR LIABILITY

You agree to the terms of this account and the schedule of charges that may be imposed. You authorize us to deduct these charges as accrued directly from the account balance. You are liable for all transactions that you or any you may authorize, even if the person you authorize exceeds your authority. If you have given someone your Portage County Bank eBanking user ID and password or other means of access and want to terminate that person’s authority, you must change your identification number and password or other means of access or take additional steps to prevent further access by such person.

OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS

If we do not complete a payment or transfer on time or in the correct amount or stop a payment according to our agreement with you, we will be liable for your losses or damages. However, there are exceptions. We will NOT be liable, for instance:

Through no fault of ours, the account has insufficient funds, has been closed, or is not in good standing.
We reverse a payment or transfer because the account had insufficient funds.
The payment or transfer would exceed the credit limit of the account.
You have not given us complete, correct or current account numbers or other information required to complete the payment, credit, transfer or other transaction.
Your equipment was not working properly when you attempted to conduct the transaction.
Our equipment was not working properly when you attempted to conduct the transaction and it should have been apparent to you at that time.
You do not properly follow our instructions, fail to provide accurate information or fail to promptly inform us of any inaccurate information about which you became aware.
You do not request a stop payment within the time period set forth in this agreement and the payment is completed.
The account balance is subject to legal process or other claims that restrict the payment, transfer, or other transaction from being completed.
Circumstances beyond our control prevent, delay, intercept, alter or otherwise adversely affect the payment, credit, transfer, or other transaction.

BUSINESS DAYS

Our Portage County Bank eBanking service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Transfers made after 10:00 p.m. will generally be processed on the next business day. Holidays are not included.

STATEMENTS

Your Portage County Bank eBanking payments and transfers will be indicated on the monthly or quarterly statements we provide or make accessible to you. 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.

FEES

There is no fee for the Portage County Bank eBanking basic service.
We may charge you for each stop payment request.
Please contact Portage County Bank for the current fee schedule.

UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR PORTAGE COUNTY BANK eBANKING USER ID OR PASSWORD

(a) Consumer Liability. (1) Notify us AT ONCE if you believe your user ID and/or password has been stolen or that an unauthorized transfer has occurred or may occur. Notifying us by telephone is the best way of keeping your losses down. It is possible to lose all of the money in your account as well as any overdraft line of credit.

If you notify us within 2 business days after learning of the loss or theft of your user ID and/or password, you can lose no more than $50 if someone used your user ID and/or password without your permission.

If you DO NOT notify us within 2 business days after you learn of the loss or theft of your user ID and/or password, and if 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 or an unlimited amount depending on when the unauthorized transaction occurred, if someone used your user ID and/or password without your permission.

Also, if your statement shows transfers that you did not make, notify us AT ONCE. If you do not notify us within 60 days after the statement was mailed to you at your last known address, you may be liable for the entire amount transferred after the 60 days if we could have taken action to reduce your loss with timely notice.

If you delay in notifying us because of extenuating circumstances, we will allow an extension of time for a reasonable period.

(b) Contact in event of unauthorized transfer. Telephone us AT ONCE at 715-366-4311 if you believe your user ID and/or password has been stolen or that an unauthorized transfer has occurred or may occur. By telephone is the best way to notify us. However, you may also notify us by mail at 1155 County Rd D, Almond, WI 54909 or by email to info@portagecountybank.com If you notify us in writing, include only your name, address, telephone number and a brief description of your problem. For security reasons, never include an account, social security, or user ID in your email. If we receive an email from you, we will send an email confirmation.

ERROR RESOLUTION

In case of errors or questions about your transactions and electronic transfers, call or write us at the telephone number or address listed in this agreement, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name and account number (if any).
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 orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days, (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, (for new accounts, we may take up to 20 business days to credit your account for the amount you think is an error) so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. If we decide that 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 the documents that we used in our investigation.

SECURITY

All transactions occur on a secure server, which uses numerous firewalls and encryption programs. At no time will you be requested to pass your Portage County Bank account numbers over the Internet. A user will automatically be logged out of the online connection after 10 minutes of inactivity. A user will automatically be locked out after three bad user ID/password attempts. A user will automatically be locked out of their eBanking account if the account has not been accessed for a sixty-day period. Portage Count Bank has the ability to monitor account usage and will monitor periodically for unusual activity. Portage County Bank will limit your access to only the accounts you own. No money can be transferred out of your Portage County Bank accounts.

SYSTEM REQUIREMENTS

Your PC will need the following to use Portage County Bank eBanking:

Operating requirements:

Online banking platform can use Safari, Chrome, Edge, and Firefox. IE is not a supported browser.
Portage County Bank reserves the right to change this requirement at any time to maintain the security of our Portage County Bank eBanking products.

REQUIRED OPERATING SYSTEMS

Microsoft Windows 10 - 64-bit (certified)
Microsoft Windows 8.1 – 64 bit (supported)
Mac OS X 10.12 and 10.13

PRIVACY

Portage County Bank respects your privacy and does have a privacy statement. You can obtain a current copy by visiting our website: www.portagecountybank.com or by calling 715-366-4311 to request to have a copy sent to you.

TERMINIATION

Portage County Bank reserves the right to terminate the Portage County Bank eBanking service at any time, and for any reasons (ie: suspicious or fraudulent activity). This is to protect our customers and Portage County Bank from hackers or other malicious access. If you wish to cancel the Portage County Bank eBanking service, contact Portage County Bank at 715-366-4311

SUPPORT

Portage County Bank staff can assist users with product support geared to the online product. Usage questions or concerns should be forwarded to Portage County Bank via email to info@portagecountybank.com or call 715-366-4311.

PC Hardware-Software-Browser Support
Portage County Bank cannot assist online users with hardware, software or browser issues. Please contact the manufacturer or authorized dealer of the product in question. Refer to the materials in the product package at the time of purchase for contact numbers.

MISCELLANEOUS

A third-party administrator may process one or more of the services.

All disputes and controversies arising out of or in connection with this agreement or the breach thereof shall be submitted first to negotiation and, if not resolved by negotiation, then to mediation and, if not resolved by mediation, then to arbitration. All such negotiations and any mediation or arbitration proceedings shall involve persons having authority to settle all claims and shall be conducted promptly after written notice from either party requesting negotiations, mediation, or arbitration. An individual agreeable to all parties having expertise in the subject of the dispute shall preside over any mediation or arbitration proceeding. Any decision rendered by a mediator shall be advisory only and shall not be final or binding but any decision rendered by an arbitrator shall be final and binding and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All mediation and arbitration proceedings shall be conducted in accordance with the applicable rules of the American Arbitration Association. The parties shall each be responsible for and pay their respective costs, including attorneys’ fees, incurred by them in preparing and presenting their case at the mediation and arbitration proceedings but the costs of the mediator and arbitrator shall be shared equally by them.

The agreement shall be binding upon and shall insure to the benefit of you, Portage County Bank and Portage County Bank’s successors and assigns. You may not assign your rights or responsibilities under this agreement. This agreement shall be governed by and construed according to the internal laws of the State of Wisconsin without regard to conflict of laws principles.

TERMS OF AGREEMENT

Portage County 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 or system, we will mail or deliver a written notice to you at least 21 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 30 days of making the change permanent.

You are required to inform Portage County Bank of any changes that occur regarding your e-mail address. You may always obtain the most recent copy of this agreement by calling 715-366-4311 to request a copy be sent to you.

Portage County Bank
1155 County Rd D, Almond, WI 54909
715-366-4311

LIMITS OF PORTAGE COUNTY BANK’S MOBILE DEPOSIT TRANSACTIONS

Clients wishing to enroll to use the mobile deposit product must have an existing online banking profile with the Bank. Customer must also download The Portage County Bank app from either Apple store or Google play.

Deposit Limits: $2500 per item a day $5000 per day

Proper endorsement on the back of the check will include:

Customer signature
For the mobile deposit at PCB

All checks deposited will be stored for 7 years by the bank before destroyed. Customer should keep the deposited item for at least 30 days before destruction, make sure the deposit shows in the account in which it was deposited. The Bank has the authority to request addition information if they determine the need before the deposited is completed.

Mobile remote deposit capture services can be terminated based on the following:

Excessive overdraft activity
Excessive invalid or rejected items
Other suspicious behavior

SUPPORTED NETWORKS

The mobiliti product supports the tier 1 carriers in the U.S., including:

· AT&T® · Verizon® · Sprint® · T-Mobile®

Mobiliti’s support for non-Tier 1 carriers depends on the contractual agreement between the SMS gateway provider (aggregator) and the individual carrier. Contact the Fiserv SMS Platform Manager for questions about a specific carrier’s support for Mobiliti

SUPPORTED ONLINE STORES

· iTunes App Stores (Apple App Store)

· Google Play (Android app store)

PORTAGE COUNTY BANK’S ONLINE BANKING PASSWORD REQUIREMENTS

9-17 Characters. The password must be a combination of characters that includes upper case, lower case, numbers and symbols.

NOTIFI ALERTS

Alerts. Your enrollment in The Portage County Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your The Portage County Bank account(s). Alerts are provided within the following categories:

Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within The Portage County Bank Online Banking and Alerts menu within The Portage County Bank Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. The Portage County Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your The Portage County Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message. To stop Alerts via text message, text "STOP" to 31727 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in The Portage County Bank Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again. For help with SMS text alerts, text “HELP” to 31727. In case of questions please contact customer service at 715-366-4311. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile^®, U.S. Cellular^®, Verizon Wireless, MetroPCS.

Limitations. The Portage County Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside The Portage County Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold The Portage County Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

GENERL TERMS FOR EACH SERVICE

1.Introduction. This Terms of Service document (hereinafter "Agreement") is a contract between you and The Portage County Bank (hereinafter "we" or "us") in connection with each service that is described in the rest of this Agreement that applies to services you use from us, as applicable (each, a "Service") offered through our online banking site or mobile applications (the "Site"). The Agreement consists of these General Terms for Each Service (referred to as "General Terms"), and each set of Terms that follows after the General Terms that applies to the specific Service you are using from us. This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.

2. Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in a "Definitions" Section at the end of the General Terms. Other defined terms are also present at the end of each set of Terms that follow after the General Terms, as applicable.

3. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Service’s more recent revisions, updates, upgrades or enhancements.

4. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).

5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

6. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to: 1155 County Rd D Almond WI 54909. We may also be reached at 715-366-4311 for questions and other purposes concerning the Service. We will act on your telephone calls as described below in Section 22 of the General Terms (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.

7. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 6 of the General Terms above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.

8. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.

9. Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.

10. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

11. Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.

12. Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

13. Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
Payments that violate any law, statute, ordinance or regulation; and
Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, equities, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges (including digital currencies such as bitcoin), or check cashing, or (6) provide credit repair or debt settlement services; and
Tax payments and court ordered payments.

Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

14. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

15. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Services, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf through the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft check drawn against your account.

16. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Service in the manner set forth in Section 6 of the General Terms above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service 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 payments 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 will extend the time periods specified above to a reasonable period.

17. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

18. Failed or Returned Payment Instructions. In using the Service, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:

You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;

Service Provider is authorized to report the facts concerning the return to any credit reporting agency.

19. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting customer care for the Service as set forth in Section 6 of the General Terms above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.

20. Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:

a. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
1. b. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
  21. Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in Section 6 of the General Terms above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
  
  22. Errors, Questions, and Complaints.
2. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above.
3. If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
4. Tell us your name;
5. 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,
6. Tell us the dollar amount of the suspected error.
7. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, 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 Eligible Transaction 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 Eligible Transaction 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. We may revoke any provisional credit provided to you if we find an error did not occur.
8. "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
9. "Affiliates" are companies related by common ownership or control.
10. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
11. "Eligible Transaction Account" is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.
12. "Payment Instruction" is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
13. "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
14. "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.
15. The term “Transfer Money Terms” means these Account to Account Transfers Additional Terms. The Account to Account transfer service (for purposes of these Transfer Money Terms, and the General Terms as they apply to these Transfer Money Terms, the "Service") enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.
16. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
17. You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of Transfer Instructions for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Transfer Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e. email, push notification).
18. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
19. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
20. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
21. The transfer is refused as described in Section 6 of the Transfer Money Terms below;
22. You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
23. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
24. It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

eBanking Terms and Conditions

Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.

Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within The Portage County Bank Online Banking and Alerts menu within The Portage County Bank Mobile Banking.

GENERL TERMS FOR EACH SERVICE

ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS