Business Internet Banking User Terms and Conditions
The following Terms and Conditions shall apply to all use of First Community Bank’s Business Internet
Banking. These Terms and Conditions are in addition to the terms of the Bank’s most current deposit and
loan agreements and any applicable disclosures. First Community Bank (“Bank”) reserves the right to modify
these Terms and Conditions at any time, effective upon publication (or following notification or
authorization to the extent required by law). Client’s use of any Business Internet Banking Service
constitutes agreement to these Terms and Conditions and to any subsequent modifications thereof.
Use of “we”, “us”, “our” and “Bank” are used to refer to First Community Bank and any affiliates.
“You”, “your”, “user” or “client” refer to the authorized signers, users or owners of any account(s)
through Internet Banking.
Subject to the terms of this Agreement, you will generally be able to access your accounts through the
Bank website 24 hours a day, seven days a week. At certain times, Internet Banking may not be available
due to scheduled system maintenance or circumstances beyond our control. Account access may be gained by
calling the Bank’s Customer Services during regular business hours or during any scheduled system
maintenance. Scheduled downtime for routine system maintenance will be performed on Sundays between the
hours of 2 a.m. and 9 a.m.
The following services are subject to the following cutoff hours on business days:
- Wire transfers – 12 p.m.
- ACH Payment and collection - 5 p.m.
- Stop payment - 7 p.m.
- Bill Payment- p.m.
Telephone Support is available at 1-608-868-7644 Monday through Friday from 8:00 AM to 5:00 PM Central
time and 24 hours a day at 1-800-593-4345.
Business days are Monday through Friday except for federal holidays. Transactions initiated on Saturday,
Sunday or any federal holiday will be processed by the Bank on the next business day.
Online Services Available
Internet Banking may be used to obtain Bank products and services at the selected service level.
Available services include obtaining balance information, transaction history, funds transfers, viewing
check images, and stop payment requests. In some instances balances and transaction history may only
reflect activity conducted through the close of the previous business day.
First Community Bank may, from time to time, introduce new online services. When this happens we will
update our website to include them. By using an online service through Internet Banking, you agree to be
bound by these Terms and Conditions, as modified at that time.
Passwords must be 6-12 characters long. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS TO PREVENT
UNAUTHORIZED ACCESS TO YOUR USER ID AND PASSWORD. IF YOU BELIEVE THAT YOUR PASSWORD HAS BEEN STOLEN OR
COMPROMISED, YOU AGREE TO IMMEDIATELY NOTIFY BANK AT THE TOLL-FREE NUMBER LISTED ABOVE (see “Customer
Support”). You assume the entire risk for any fraudulent or unauthorized use of your User ID or password,
excepting only losses directly resulting from the gross negligence or intentional misconduct of Bank,
its employees or agents. You also assume the risk for any user IDs or passwords created by the
Administrative Person assigned by the Bank.
Any authorized representative of your business designated in the current depository resolution and the
Business Express Internet Banking Authorization Agreement is authorized, subject to these User Terms
and Conditions as modified from time to time, to:
- Access each Internet Banking accessible account(s) in any manner and for any purpose available through
this service, whether now available or available in the future; and,
- Use any service in any manner and for any purpose available through Internet Banking, whether now
available or available in the future.
Waiver of Two Signature Requirement
The provisions of any other account or loan agreement with Bank requiring two signatures on any check,
draw request or other instruction shall not apply to any Internet Banking transaction, including any
on-line bill payments. By initiating any on-line transaction you specifically waive any requirement for
signatures or authorization from two or more authorized persons and release Bank from liability for acting
in accordance with the on-line transaction. Any authorized person designated in the Business Express
Internet Banking Authorization Agreement shall have authority to make Internet Banking transactions,
including funds transfers and on-line bill payments from your account, even though that person’s authority
to transfer or withdraw funds from your account by some other means (e.g. by check) must be exercised
jointly with one or more other persons.
You may transfer funds among any checking, savings, Money Market, or loan accounts maintained by you
with Bank or external accounts which are accessible via Internet Banking.
Any transfer you make from your Savings or Money Market Account will count toward the six transfers or
payments per statement period permitted under the terms of your Account Agreement. Fees may apply for
transactions on Savings and Money Market Accounts. More information on fees can be found in the account
disclosure. The Bank may also close your Savings or Money Market Account in the event of excess transfers.
A detailed explanation of the limitations of transfers, withdrawals and payments from this account can be
found on your Account Agreement and Account Disclosure.
A transfer between internal Bank accounts or to an external, non-First Community Bank account, that
is completed before the transfer cutoff time(s) on a business day will be posted from your First Community
Bank account(s) the same day. All transfers completed after the transfer cutoff time on a business day or
on a day that is not a business day, will be posted the next business day. The transfer cutoff time for
internal transfers between First Community Bank accounts is 7:00PM (Central Time). The transfer cutoff
time for funds transfers from a First Community Bank account to an account at another financial institution
is 6:00PM (Central Time). Different cutoff times apply for wire transfers.
Provisions applicable to all internal and external funds transfers:
- You agree that you will not initiate any funds transfer request that would cause the account to
balance to be less than $0.
- You agree that Bank may act upon any funds transfer request that Bank reasonably believes is initiated
or directed by an authorized person.
- Bank may reject any funds transfer request, which exceeds the collected and available funds on
deposit with Bank in the applicable account. The Bank may, in its sole discretion, permit an overdraft
to complete a funds transfer, and you agree to repay Bank immediately the amount of the overdraft plus
any applicable fee. Bank is not obligated, however, to permit any further overdrafts or to give any
notice that further overdrafts will not be permitted, regardless of how many overdrafts may have been
- You have no right to cancel or modify a funds transfer request after its receipt by Bank. Bank, in
its sole discretion, may make reasonable efforts to cancel or modify the transaction if Bank has not yet
acted upon the request.
- You acknowledge and agree that this Bank and any intermediary bank may rely solely on the transfer
information provided by the Client, including bank identification numbers and account numbers, that
identifies an intermediary bank or beneficiary bank in any funds transfer request, even if such number
identifies a bank different from the intermediary bank or beneficiary bank identified by name in the
external funds transfer order, and you agree that neither this Bank nor any intermediary bank shall have
any duty to identify any inconsistency in identification.
- YOU AGREE TO PROMPTLY NOTIFY BANK IN THE EVENT THAT YOU HAVE REASON TO BELIEVE THAT ANY FUNDS
TRANSFER TO ANY EXTERNAL ACCOUNT WAS NOT COMPLETED OR RECEIVED.
Agreement to Pay
You agree to pay First Community Bank, without defense or set off, any and all loan advances obtained
via Internet Banking by any authorized person and to pay any other charges (including finance charges,
collection costs, or other amounts) due in accordance with the applicable loan or credit agreement. You
also are responsible for repayment of any overdrafts that may be permitted by Bank pursuant to any funds
transfer or online payment made via Internet Banking by any authorized person and to pay any applicable
Bank fees or charges.
Stop Payment Requests
Stop payment orders may be transmitted by Internet Banking and must be received by the Bank by such
time that the Bank will have a reasonable opportunity to act on it prior to the earlier of the payment
of the check, draft or other item (“check”) by the Bank or the cutoff hour established by the Bank for
receipt of such orders, if any. Orders received after 7:00 pm Monday – Friday or on Saturdays, Sundays,
or federal holidays may be considered received at the opening of business on the next banking day. Stop
payment requests received via Internet Banking will be treated as a written stop payment order or
confirmation. THE BANK IS NOT BOUND BY A WRITTEN STOP PAYMENT ORDER AFTER 6 MONTHS FROM THE
DATE OF A WRITTEN STOP PAYMENT ORDER OR CONFIRMATION UNLESS THE ORDER IS RENEWED EITHER VIA INTERNET
BANKING OR BY SIGNING A STOP PAYMENT ORDER REQUEST FORM FOR ANOTHER SIX MONTHS. Stopping payment
on a check does not relieve you or any other signer of the check from liability on the check to a person
who has taken the check for value, in good faith, and without notice of any defense or claim that you or
any other signer of the check may have on the check.
By initiating a stop payment order, you agree to pay the stop payment fees identified in the Bank’s
current fee schedule and authorize the Bank to deduct the fees from any account that you maintain at
You understand the need for absolute accuracy in describing the check upon which stop payment is being
requested. IF ANY INFORMATION DESCRIBING THE CHECK IS NOT ACCURATE, THE BANK MAY NOT FIND THE
ITEM AND THEREFORE THE CHECK WILL NOT BE STOPPED. The Bank will not be liable for failing to
stop payment on a check or for stopping payment on the check if the check is not accurately described by
you. The Bank is obligated only to exercise good faith and ordinary care in complying with any stop payment
You indemnify and hold harmless the Bank against any loss, cost, expense, damage or liability (including
reasonable attorneys’ fees) the Bank may sustain for stopping payment on any check described in a stop
All Electronic Funds Transfer (“EFT”) tax transfers will be made in accordance with these User Terms
and Conditions, as modified in accordance herewith, the pre-approved Automated Clearing House (“ACH”)
Agreement on file with the Bank, and the Operating Rules of the National Automated Clearing House
Association (“NACHA Rules”).
NOTE: Approval from the IRS must be obtained prior to using this service. Approval can be gained by
completing form 9779 or enrolling on-line at www.eftps.gov.
Any interruption in the Internet Banking service for any reason beyond our control will not relieve
you of any obligation to pay any tax to the IRS, or any other government agency or entity owed the tax,
and we will have no liability to you for any failure by you in such circumstances to pay any tax.
Bill Pay Service
First Community Bank uses a non-affiliated third party acting on our behalf to process bill payments.
This third party processor is required to adhere to the Bank’s strict standards of security and privacy
protection. Paper checks processed by the non-affiliated third party may show that they are drawn on the
third party processor rather than on First Community Bank.
We will not be obligated to make a payment unless the designated account has sufficient funds to pay
the bill on the payment dates. If the account is closed and there are pending payments, all pending
payments associated with that account will be cancelled. Bank will not have any responsibility for such
We will not monitor the payments that are made through the bill payment service. If a business account
is used to pay bills and a user pays bills which do not belong to the business, the business assumes the
entire risk of loss and indemnifies and holds the Bank, Bank directors, officers, employees and agents
harmless from all loss, liability, claims, demands, judgments, and expenses arising out of or in any way
connected with such use.
There will be a delay between the date the payment is sent (payment date) and the date the payee
receives that payment. Any payments made through the bill pay service require sufficient time for your
payee to receive your payment and credit your account properly. You will be solely responsible for
scheduling payments sufficiently in advance of the due date to avoid incurring finance or late payment
charges. Bill pay instructions delivered through Internet Banking must be received prior to 6:00 p.m.
CST on a business day in order for payment to be issued on that business day.
If, following timely receipt of an accurate bill pay instruction, the Bank does not properly complete
a bill payment on time or in the correct amount, we will pay any late fees or finance charges which you
reasonably incur as a result, provided that your account was in good standing with the payee prior to the
incident. We will not be responsible for any finance charges, late fees or other costs imposed or any other
action taken by a payee resulting from a payment that you have not timely or accurately scheduled. You
agree to notify the Bank promptly if you receive a notice or otherwise have reason to believe that any
bill payment made by you through Internet Banking was not completed or remains unpaid.
To delete or modify a scheduled bill payment, you must use the “delete payment” option clearly marked
on the Internet Banking website. INSTRUCTIONS TO DELETE OR MODIFY A BILL PAYMENT MUST BE
RECEIVED BY BANK AT LEAST ONE BUSINESS DAY PRIOR TO THE SCHEDULED PAYMENT DATE TO BE EFFECTIVE.
We will not be liable if there are insufficient available funds or credit availability in the checking
account at the time of any scheduled payment; if a legal order directs us to prohibit withdrawals from
the account; if the account is closed or frozen; or if any part of the electronic funds transfer system
outside of our control is not working properly. We will not be liable in any event for indirect, special,
or consequential damages arising out of the use of the bill payment service.
Our liability to you is as stated in these User Terms and Conditions and as further explained in any
agreements, notices, and disclosures that we separately provide to you from time to time regarding your
deposit and/or loan account(s). Under no circumstances will we have any liability to you for failing at
any time to provide access to your accounts through this service. Except as otherwise required by
applicable law, the Bank’s responsibility and liabilities in providing Internet Banking services shall
be as expressly stated in these User Terms and Conditions, as modified in accordance herewith.
BANK, ITS AFFILIATES, SERVICE PROVIDERS AND AGENTS WILL INCUR NO LIABILITY FOR LATE OR
UNSUCCESSFUL BILL PAYMENT ATTEMPTS, TRANSACTIONS OR TRANSFER ATTEMPTS: IF THE DESIGNATED ACCOUNT HAS
INSUFFICIENT FUNDS; IF THE MONEY IN THE ACCOUNT IS SUBJECT TO LEGAL PROCESS OR OTHER ENCUMBRANCES
RESTRICTING ITS TRANSFER; IF INCOMPLETE OR INACCURATE INFORMATION IS FORWARDED TO BANK BY THE UNITED
STATES TREASURY OR THROUGH AN AUTOMATED CLEARING HOUSE; IF THE USER ID OR PASSWORD HAS BEEN REPORTED
AS LOST OR STOLEN; IF THE INTERNET BANKING SERVICE OR BANK WEBSITE IS MALFUNCTIONING AND YOU HAVE BEEN
SO ADVISED; IF YOU HAVE FAILED TO PROVIDE PROPER PAYEE INFORMATION, FAILED TO PROPERLY FOLLOW BILL
PAYMENT INSTRUCTIONS, THE PAYEE OR TRANSFER RECIPIENT MISHANDLES OR DELAYS A PAYMENT OR TRANSFER; IF
BANK HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH TRANSFER OR BILL PAYMENT IS UNAUTHORIZED; IF YOUR
COMPUTER EQUIPMENT, SOFTWARE OR INTERNET CONNECTION OR INTERNET SERVICE PROVIDER WAS MALFUNCTIONING
AT THE TIME SUCH TRANSFER OR BILL PAYMENT ATTEMPT WAS MADE, OR FOR ANY CIRCUMSTANCES BEYOND BANK’S
CONTROL, INCLUDING ANY NATURAL DISASTERS, DELAYS IN MAIL SERVICE, OR OTHER FORCE MAJEURE
IN NO EVENT WILL BANK OR ITS SERVICE PROVIDERS OR OTHER AGENTS BE LIABLE FOR ANY CONSEQUENTIAL,
SPECIAL, PUNITIVE OR INDIRECT LOSSES OR DAMAGES, WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON
TORT OR CONTRACT OR WHETHER WE OR THEY KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
- Is not in accordance with any term or condition applicable to the relevant account;
- We reasonably believe may have been requested or issued without proper authority;
- Involves funds subject to a hold, dispute, restriction or legal process which we believe prevents
- We reasonably believe might violate the laws or regulations of the United States, including without
limitation, regulations of the Office of Foreign Asset Control (OFAC)
- Would violate any applicable provision of any risk control program of the FDIC or applicable rule
or regulation of any other federal or state regulatory authority;
- Is not in accordance with any other requirement of our applicable polices, procedures or practices;
- We reasonably decline to honor for your or our protection.
Except to the extent that we are liable under these User Terms and Conditions or an agreement that
otherwise governs your deposit and/or loan account(s), you agree to indemnify and hold First Community
Bank, its affiliates, directors, officers, employees and agents harmless from all loss, liability, claims,
demands, judgments and expenses arising out of or in any way connected with an account or the performance
of the Internet Banking service. This indemnification is provided without regard to whether our claim for
indemnification is due to the use of Internet Banking by you or your authorized representative.
Except where prior notice or authorization is required by law, we may change these User Terms and
Conditions at any time. When changes are made we will update the information on the Bank’s Internet Banking
Website. You may decline to accept the changes by discontinuing use of the Internet Banking service.
Continued use of the Internet Banking service following posting of any changes shall constitute acceptance
of those changes. Changes to Bank’s schedule of fees and charges for Internet Banking services shall be
effective thirty (30) days after posting.
Either you or the Bank may terminate these arrangements at any time by giving written notice to the
other. Termination shall be effective immediately upon Bank’s receipt of your written notice to terminate
or Bank’s mailing to you of its written notice to terminate.
These User Terms and Conditions and use of the Internet Banking services is governed by applicable
Wisconsin and federal laws and regulations, except to the extent that these User Terms and Conditions
can and do vary such laws. To the extent that any of the User Terms and Conditions cannot be legally
enforced, they shall be deemed modified to the extent necessary to conform to applicable law and