Terms and Conditions for Business Internet Banking Service and Business Online Bill Payment Service
The following terms and conditions govern your use of First Commonwealth Bank’s Business Internet Banking. Business Internet Banking permits business customers to perform a number of banking functions on accounts linked to the service through the use of a personal computer.
2. Acceptance of these Terms and Conditions
When you use Business Internet Banking, or authorize others to use it, you agree to these terms and conditions. You should review these terms and conditions carefully, and you may wish to print a copy of them for your future reference.
The term “Access Codes” means the user name, password and other access means/data that you select for Business Internet Banking.
The term “Agreement” means these Business Internet Banking Service Terms and Conditions.
The term “ATM” means Automated Teller Machine.
The term “Available Balance” means your account balance plus or minus any pending electronic transactions that are not reflected at the end of the last batch-processing day.
The term “Business Day” means Monday through Friday, excluding Saturday, Sunday and holidays.
The term “Business Internet Banking”, “Business Internet Banking Service” or “Services” means accessing your eligible and linked accounts through the Internet.
The term “Eligible Accounts” means the following types of accounts: checking, savings, club, CD, money market, IRA, business line of credit, investment sweep account, installment loans, mortgage loans and commercial loans.
The terms “we”, “us”, “our”, and “Bank” mean First Commonwealth Bank, which holds your deposit or loan accounts that you can access through Business Internet Banking.
The term “Software” means the software products that connect and allow you to browse the internet through any Internet Service Provider.
The terms “you”, “your” and “yours” mean each person/company who has an interest in an account which is accessible through Business Internet Banking and any person authorized to use Business Internet Banking.
4. Relationship to Other Agreements
Your use of Business Internet Banking may also be affected by the agreements between us for your savings or other linked accounts. When you link an account to Business Internet Banking, you do not change the agreements you already have with us for that account. For example, when you use Business Internet Banking to access your savings account, you do so under the terms and conditions we gave you in the agreement and disclosure for the savings account. You should review those agreements for applicable fees, for limitation on the number of transaction you can make, and for other restrictions that might impact your use of Business Internet Banking. This Agreement will control if there are any irreconcilable conflicts between the terms of those agreements and this Agreement.
5. Eligible Accounts
Access to Business Internet Banking requires that you have at least one checking or savings account with us that, according to our records, are identified with your Tax Identification Number or Employer Indemnification Number. If you want to limit or add future Eligible Accounts linked to Business Internet Banking, please call us at 1-800-711-BANK (2265) and a Engagement Center representative will discuss these options with you.
6. Your Computer and Software
To use Business Internet Banking, you must have a personal computer, modem or online communication means and the Software installed and working on your computer to access the Internet through an Internet Service Provider. It is recommended that you keep your Internet browser version current at all times to insure the best user experience. In an effort to make it harder for unauthorized people to obtain your information being transmitted over the Internet, your web browser Software must provide encryption using a 128-bit key. It is your responsibility to install, maintain and upgrade the computer, related equipment and Software for your use of Business Internet Banking as needed. We are not responsible for errors or failure from any malfunction of your computer, related equipment or the Software or any computer virus that may affect your computer system or other related problems that may result, directly or indirectly, from your use of Business Internet Banking.
7. Your Responsibilities
You agree to provide accurate and complete business information required to activate the Services. You agree to provide accurate and complete information required to utilize the Services. You agree to keep your business information and account information up to date and accurate. You agree to protect the confidentiality of your user name, password and other Access Codes and information relating to your account(s). You agree not to disclose your Access Codes to unauthorized parties and to notify us immediately in the event of any unauthorized use of your Access Codes or account(s). You agree not to use the Services to conduct any business or solicit the performance of any activity which is prohibited by law.
8. Your Access Codes and Authorized Use
You are obligated to keep all Access Codes (user name, passwords, security questions and answers, etc.) completely confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of Business Internet Banking. By using the Business Internet Banking Services you agree not to give or make available your username, password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Business Internet Banking Services. If you permit other persons to use Business Internet Banking or provide them your username, password or other means to access your account, you are responsible for any transactions they authorize. For reasons of security, we can cancel any of your Access Codes at any time without giving you any notice that we are going to do so. You agree that the use of the Access Codes as outlined in this Agreement is a reasonable security procedure to access Business Internet Banking and as means of establishing your identity and acceptance of electronic communications. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as describe above (and we had a reasonable opportunity to act on such notice). All electronic communications using these Access Codes will be deemed to be valid and authentic and you agree that those electronic communications will be given the same legal effect as written and signed paper communications. You also 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.
9. Description of Services
You may use Business Internet Banking for any of the following base services:
- Account history
- Account transfers
- Account Alerts
- Add Stop payments*
- Online BillPay*
- Password changes
- Address changes
- Loan Payments
- Statement and Check Image Retrieval
- Research Requests*
- Secure online communications with the Bank
- Download account history information into Intuit Quicken/QuickBooks® software
* Fees may apply to these services.
10. Transfer Funds
You can transfer funds to your linked Bank accounts online. The completion of a transfer is subject to the availability of sufficient funds at the time of final processing. If you do not have enough funds, you may incur a non-sufficient funds (NSF) fee. Please refer to the applicable account agreement and fee schedule for details. Transfers can be entered as an immediate, future or recurring transaction. Transfers can be processed on the same day or scheduled for a future day up to 365 days in advance. Recurring transfers may be scheduled to repeat weekly, every two weeks, twice a month, every four weeks, monthly, every two months, quarterly, twice a year or once a year.
Transfers you submit from a deposit account (checking or savings) are immediately reflected in your Available Balance for that account. Transfers entered before the cut-off time of 10:00 PM ET on a bank business day are processed on that bank business day. Transfers entered after the cut-off time or on a non-bank business day are processed on the next bank business day. All transfers from a deposit account entered before 10:00 PM ET are reflected on your statement with the calendar day they were entered. Future-dated transfers are reflected in your Available Balance by 7:00 AM ET the morning of your transfer effective date and will post to your Current Balance at the end of day processing.
The crediting of funds depends on the type of account that you are transferring to and the daily cut-off time. Transfers to deposit accounts are immediately reflected in your Available Balance. In order for transferred funds to be available to pay checks or direct debits items that are processed against your account overnight, they must be entered before the cut-off time of 10:00 PM ET. To avoid possible insufficient funds or overdraft fees, please be sure to “Send” your transfers before the cut-off time. Funds transferred as a payment to a line of credit before the cut-off time of 10:00 PM ET will be credited with the date the payment is made. However, updates to account balances and funds availability may take up to 2 business days. To ensure crediting of payments for the same calendar day, please be sure to “Send” your transfers before the cut-off time.
11. Limitations for Transfers
You authorize the Bank to withdraw the necessary funds from your Bank account on the date you schedule a transfer to be initiated or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of the withdrawal. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may refuse to complete the transaction. In either case, we reserve the right to impose a non-sufficient funds fee (NSF), and no further attempt will be made by the bank to process the transfer request. The bank is under no obligation to notify you if it does not complete a transfer because there are non-sufficient funds in your account to process the transaction.
12. Canceling Transfers
You cannot cancel an immediate transfer request after it has been entered in Business Internet Banking and the information has been transmitted to us. However, you can use Business Internet Banking to “reverse” an immediate transfer after it has been entered. Future and recurring transfers that are in a pending status can be cancelled within the Business Internet Banking service prior to the effective date of the transaction.
You can make payments to your linked Bank accounts online. The completion of a payment is subject to the availability of sufficient funds at the time of final processing. If you do not have enough funds, you may incur an insufficient funds fee. Please refer to the applicable account agreement and fee schedule for details.
14. Limitations for Payments
You authorize the Bank to withdraw the necessary funds from your Bank accounts on the date you schedule a payment to be initiated or submit a payment request. You agree that you will instruct us to make a payment only when a sufficient balance is or will be available in your accounts at the time of the payment. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may refuse to complete the transaction. In either case, we reserve the right to impose a non-sufficient funds (NSF) fee, and no further attempt will be made by the bank to process the payment. The bank is under no obligation to notify you if it does not complete a payment because there are non-sufficient funds in your account to process the transaction. Any payment amount exceeding the regular payment amount due for a Line of Credit or a Commercial Loan or Draw will be applied to the Principal Balance of the loan unless late fees are due.
15. Canceling Payments
You cannot cancel an immediate payment request once initiated using the Business Internet Banking service.
16. Balance and Transaction Information
You can view current account balance and transaction information on your Eligible Accounts. The account balance information reflects the current position of your account. Your actual account balance may be different if you have outstanding deposits, checks, withdrawals or other charges.
17. Service Fee and Other Charges
There is no monthly service charge for the Business Internet Banking base service. The base service includes those features listed in the Description of Services – section 9 of these Terms and Conditions. However, you might incur charges for:
- Normal account fees and service charges.
- Any Internet Service Provider fees.
- Stop Payment requests.
- Online Business BillPay if you do not maintain an average monthly collected balance of $2,500 in your primary payment account. Please refer to the separate Terms and Conditions for our online Business BillPay service for details.
- Transfers made through Business Internet Banking from a savings account may result in an excess transaction fee. See your savings account agreement for details.
- Fees may be assessed for added self-service features available though Business Internet Banking such as ACH, Wire Transfers, Remote Deposit Capture, Positive Pay, Account Reconcilement and Lockbox. Please consult your deposit account agreements to see if your accounts are subject to these fees.
- A non-sufficient funds fee may also apply if you schedule transfers and your available balance is not sufficient to process the transaction on the date scheduled.
- We may charge you a research fee for an inquiry about a transaction that occurred more than 60 days before the date you made the inquiry. This fee will be waived if we determine that a Bank error occurred.
18. Service Hours
Business Internet Banking is available 365 days a year and 24 hours a day, except during normal system maintenance and upgrades or due to unanticipated service disruptions. Whenever the service is made unavailable due to system maintenance or upgrades, a message will be displayed on the Business Internet Banking log-on page.
We may change this Agreement from time to time. Such modifications will be made by amending this agreement as posted on our website. You can review the most current version of these term by clicking the “Business Banking Terms & Conditions” link located on the log-in page to the service. We will provide you with electronic notice of any material changes to these terms and conditions before those changes take effect. Your continuing use of the Business Internet Banking service after the changes have been posted or after you have otherwise been notified, if applicable, will constitute your acceptance of such changes in these terms and conditions. If you do not agree to the new terms, you must discontinue your use of the Business Internet Banking service before the changes take effect. Certain services or features may be subject to additional rules, guidelines and terms that will supplement this agreement. You will be presented with the supplemental terms, if any, at the time you set up or register for such features.
20. Canceling Your Business Internet Banking Service
You may cancel Business Internet Banking at any time by notifying us in writing at the following address: Engagement Center, P.O. Box 400 Indiana, Pennsylvania 15701-0400. Your notice of cancellation will not take effect until we receive it and have a reasonable time to act on it.
21. Termination of Services
We may terminate your participation in Business Internet Banking for any reason and at any time. We will try to notify you in advance but we are not obligated to do so. If all of your Eligible Accounts are closed or no longer linked to Business Internet Banking, your Internet Banking will terminate and unprocessed transactions or transfers will be canceled. If you do not use Business Internet Banking or have not logged on to the system for a period of twelve (12) consecutive months your service will be cancelled and you will be required to re-enroll.
22. Use of External E-Mail Address
With Business Internet Banking, we may send you messages relating to Agreement changes as well as disclosures or other information required under applicable law through your external e-mail address. We cannot act on instructions sent by you from an external e-mail address. You should use Business Internet Banking secure messaging to send your instructions to the Bank. If for any reason your external e-mail address changes or becomes disabled, please contact the Bank immediately. You may notify us of any changes to your external e-mail address through your Business Internet Banking secure messaging service.
23. Contact by Bank or Affiliated Parties
No Bank employee or company affiliated with the Bank will contact you via e-mail or phone requesting your Business Internet Banking user name and password. If you are contacted by anyone requesting this information, please contact us immediately at 1-800-711-BANK (2265).
24. Reporting Lost or Stolen Password and Unauthorized Transactions
If you believe that your password or any other Access Code information has been lost or stolen, or that someone has transferred money from your account without your permission, please call our Engagement Center IMMEDIATELY at 1-800-711-BANK (2265). You may also write us at: Engagement Center, P.O. Box 400 Indiana, Pennsylvania 15701-0400.
25. Disclosure of Account and Transaction Information
We will disclose information to third parties about your account or your transactions:
- When it’s necessary for completing transfers or to investigate or resolve a problem related to a transfer.
- To verify the existence and condition of your account for a third party, such as a credit bureau.
- To comply with a government agency or court orders or with the request of a federal regulator.
- If you give us your permission.
- At our discretion, to our affiliates.
- To protect you or us against fraud.
26. Account Statements
We report your Business Internet Banking transactions on the monthly statement for your linked accounts. A description of each transaction, including the date and amount, will appear on your statement.
You cannot assign any of your rights or obligations under this Agreement or the Services to anyone else. We may assign our rights and delegate our duties under this Agreement to any of our affiliates or any other party without prior notice.
28. Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions, and to the extent required, under federal law.
Any action or proceeding arising out of or relating to this Agreement shall be exclusively subject to the jurisdiction of any federal or state court in the Commonwealth of Pennsylvania.
We may waive, or delay exercising, any of our rights under this Agreement without notifying you. Such waiver or delay will not affect any other rights we may have. The waiving of any of our rights on any occasion shall not be deemed to be a waiver of such rights in the future.
31. Force Majeure
Notwithstanding any other provision of this Agreement, the Bank shall not be liable for any failure, inability to perform, or delay in performance hereunder, if such failure, inability, or delay is due to an act of God, war, terrorism, civil disorder, governmental action, fire, explosion, strikes, other industrial disturbances, equipment malfunction, action, non-action or delayed action on the part of any entity other than Bank, unusually severe weather conditions or other circumstances beyond Bank’s reasonable control.
32. Section Headings and Severability
The section headings in this Agreement are intended for reference purposes only and shall in no way modify or restrict any of the terms and conditions of this Agreement. If any portion of this Agreement shall be held to be invalid, illegal or unenforceable by a Court of competent jurisdiction, such portion shall be modified by the Court solely to the extent necessary to cause such portion to be enforceable, and this Agreement, as modified, shall remain in full force and effect.
33. Entire Agreement
This Agreement is the final and complete agreement between you and us concerning Business Internet Banking and supersedes any prior agreements, oral or written, or other communications between you and us relating to Business Internet Banking.
34. Protecting your Password
You agree that we may send notices and other communications to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your password secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you provide system access rights that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new password if you believe your password may have become known to an unauthorized person. THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE. We may suspend or cancel your password even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner. Furthermore, you are responsible for the assignment of all business online banking service access rights within your company and thus responsible for any and all transactions or actions conducted by those authorized to use the service.
First Commonwealth does not guarantee (1) that you will be able to access or use our Business Internet Banking service at all times or locations of your choosing or (2) as to the security of your Internet connection or that third parities will not gain unauthorized access to your computer(s). First Commonwealth is not liable for any loss or other damage, whether direct or indirect, that you suffer as a result of your telephone service, cable service, or electric service being disconnected, interrupted or otherwise unavailable; for deficiencies in the quality or speed of your connection; for any defect in the modem or computer that you use to connect to the Internet; for any problems with Internet capacity. First Commonwealth is not responsible for any damage to the equipment you use to connect to the Internet or for any other property damage resulting from the use of First Commonwealth’s Business Internet Banking service.
36. Limitation of Bank’s Liability
If we fail or delay in making a transfer pursuant to your instructions, or if we make a transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to timely transfer, calculated from the date on which the transfer was to be made until the date it was actually made or you canceled the instructions. If we make a transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described in Section 9 above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously transferred, plus interest thereon from the date of the transfer to the date of the refund, but in no event to exceed 60 days’ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Cleveland Federal Reserve Bank for each day interest is due, computed on the basis of a 360-day year.
37. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT ERRORS IN PROGRAMMING WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, EMPLOYEES, OFFICERS, LICENSORS, OR DISTRIBUTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR INCIDENTAL, CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR COUNSEL FEES, INDIRECT, SPECIAL OR PUNITIVE DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION, MALFUNCTION OR INABILITY TO OPERATE THE SERVICES REGARDLESS OF WHETHER WE OR ANY PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
"Service" means the bill payment service offered by CheckFree Small Business through CheckFree Services Corporation.
"Agreement" means these terms and conditions of the bill payment service.
"Biller" 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 Biller (such as, but not limited to, Biller name, Biller 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 Biller 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 Biller 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.
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller 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 must 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 Billers 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
You represent and warrant that you are acting with full authority for the applying entity, and that you are duly authorized to execute this Agreement on behalf of the applying entity. By providing the Service with names and account information of Billers 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 Biller 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 Biller, 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:
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;
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;
You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
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 Biller 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 Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. (Funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for 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.
Payments to Billers outside of the United States or its territories are prohibited through the Service.
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, misposted 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 Billers 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 Biller - 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 Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
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 Biller to Biller. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Biller 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 Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(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 Biller 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 Biller 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 Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
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 1-800-711-BANK (2265) during customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
You and/or your business are responsible for all transfers conducted via the BillPay service.
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:
- Telephone our Engagement Center at 1-800-711-BANK (2265);
- Contact us by using the application's e-messaging feature; and/or,
- Write us at:
First Commonwealth Bank/BillPay
P.O. Box 400
Indiana, PA 15701-0400
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:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
SERVICE FEES AND ADDITIONAL CHARGES
The monthly fee for online Business BillPay is $5.95, which includes up to 15 payments per month. Any additional monthly payments above 15 will be assessed a $.50 per payment fee. Fees may be waived if the business customer maintains an average collected balance of $2,500 or greater in their business checking account with the bank. First Commonwealth reserves the right to discontinue your BillPay service for non-use during any 6-month period in which a payment has not been processed using the Service. 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 may not be completed. In some instances, you will receive a return notice from the Service. In each such case, you agree that:
You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
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;
You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
You will reimburse the Service for any fees or costs it incurs in attempting to collect the amount of the return from you; and,
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. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.
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 the bank at 1-800-711-BANK (2265). 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:
Telephone our Engagement Center at 1-800-711-BANK (2265);
Write us at:
First Commonwealth Bank/BillPay
P.O. Box 400
Indiana, PA 15701-0400
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.
The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. (This text may be removed for Clients who do not offer this functionality.) 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 Biller or your financial institution (for example, to resolve payment posting problems or for verification).
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.
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.
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.
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.
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. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
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.