Digital Banking

Mobile & Online Banking

General Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS MOBILE SMART APPLICATION.

BY ACCESSING OR USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY THE PEOPLES BANK (financial institution) FROM TIME-TO-TIME AND POSTED ON THIS SERVICE.

No Warranties.

Although The Peoples Bank attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the SERVICE, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICE AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, FNBMC ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY.

Finally without limitation as to the foregoing, in regard to Limitation of Liability.

IN NO EVENT WILL THE PEOPLES BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, EVEN IF THE PEOPLES BANK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Use of SERVICE.

Contents are included in this SERVICE solely for the personal use of SERVICE users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this SERVICE without the prior written consent of The Peoples Bank which may be withheld in its sole discretion.

Copyrights and Other Intellectual Property.

Except where otherwise expressly noted or as noted below, all Contents of this SERVICE, including the graphics, icons and overall appearance of the SERVICE, are the sole and exclusive property of The Peoples Bank and/or its subsidiaries or affiliates. Certain of The Peoples Bank’s trademarks and/or servicemarks are also listed below. The posting of the Contents of this SERVICE neither constitutes a waiver of any of The Peoples Bank’s proprietary rights or any other party’s proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the SERVICE user or to any third party. Contents of this SERVICE are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws and federal copyright laws.

Links to Other SERVICEs.

The Peoples Bank may establish links between this SERVICE and one or more SERVICEs operated by third parties. The Peoples Bank has no control over any such other SERVICEs or the contents therein. The existence of any such links shall not constitute an endorsement by The Peoples Bank of such SERVICEs, the contents of the SERVICEs, or the operators of the SERVICEs.

Transmissions to and from this SERVICE.

Except where expressly indicated otherwise, emails to and from this SERVICE or directed to The Peoples Bank, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at The Peoples Bank. Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 270-965-3188 or write us instead at this address: The Peoples Bank, 116 S. Main St., PO Box 231, Marion, KY 42064 Attention: Operations Officer. Any transmission to this SERVICE, including E-mails shall be deemed and remain the property of The Peoples Bank. The Peoples Bank shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a SERVICE user to The Peoples Bank through this SERVICE.

Modifications.

The Peoples Bank may at any time make modifications, changes, and alterations to the Contents of this SERVICE, including the Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this SERVICE following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

Governing law.

These Terms and Conditions shall be governed by and construed in accordance with the law of the state of Kentucky, without regard to the conflict of laws thereof, and to the laws of the United States.

Venue.

Disputes arising from the use of this SERVICE shall be exclusively subject to the jurisdiction of any federal or state court for the state of Kentucky.

Severability.

To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.

Waiver.

No waiver by The Peoples Bank of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.

Service Contact.

You may contact The Peoples Bank by email at [email protected] or by phone at 270-965-3188.

General Description of Mobile Banking Service Agreement

What Does This Agreement Cover?

This Agreement between you and the Financial Institution (The Peoples Bank) governs the use of Mobile Banking services. These services permit The Peoples Bank customers (consumers, sole proprietors and other business customers) to perform a number of banking functions on accounts linked to the service through the use of a mobile device or mobile smart telephone. Unless indicated otherwise by the context, “linked The Peoples Bank accounts” or “linked accounts” refers to all of your accounts with The Peoples Bank that you have linked to the Mobile Banking solution.

Accepting the Agreement

When you use any of the Mobile Banking services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

Relation to Other Agreements

Your use of Mobile Banking services may also be affected by the agreements between us for your linked The Peoples Bank accounts. When you link an account to Mobile Banking services, you do not change the agreements you already have with us for that account. Similarly, when you use Mobile Banking services to access a credit account, you do so under the terms and conditions we gave you in the agreement and disclosure for the credit account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Mobile Banking services.

Mobile Banking Services

Mobile Banking for Consumers and Businesses

You may use Mobile Banking to:

• View current balance information for your linked The Peoples Bank accounts.
• Review available transactions for your linked accounts.
• View branch locations.
• View contact telephone numbers and additional contact details.
• View account alerts and notifications.
• View public information such as ‘about us’ and contact information.
• Perform basic services such as changing your Mobile passcode and personalizing the mobile smart application.
• Send us mobile mail messages and questions regarding your Mobile Banking service.
• Transfer funds between your linked internal The Peoples Bank checking and savings accounts.
• Pay bills as defined by the capabilities of the mobile bill pay services. You must be enrolled in Internet Banking in order to utilize the bill payment service. Bill payment will be available only in the “App” version of mobile banking for the smart phones and not in the text or browser versions of mobile banking.

Some of the above services may not be available for certain accounts or customers

Description of Mobile Banking Services

Internal Account Transfers

Transfers can be made in 2 ways, on a 1-time basis. One-time transfers may be immediate or scheduled for a future date. Account transfers are currently available for transferring between The Peoples Bank checking and savings accounts.

Transfers from a deposit account are immediately reflected in the account’s available balance under normal circumstances. However, system availability may cause some transactions to not be immediately posted in the available balance. Scheduled transfers will be processed from the funding account at the beginning of the business day requested.

Transfers made after 4:00 p.m. are part of the available balance and may be used for ATM/debit card transactions.

Limitations, Dollar Amounts, Payment Authorization and Sufficient Available Funds for Transfers and Payments

Transfers and Payments made using MOBILE Banking are subject to the following limitations:

Bill payments should not be for more than the available balance in the account. If enough funds are not available to process a bill payment, we will complete the transaction and overdraw the account. A returned item, overdraft, or similar fee will be charged according to the latest fee schedule supplied to you. Repeated or large overdrafts due to bill payments will result in the bill payment service being disabled.

One-time immediate or scheduled transfers between linked The Peoples Bank accounts are subject to transfer limits determined by the customer and on record at the bank. Transfers will not process if for more than the available balance in the funding account. Please contact the bank to add transfer capabilities or to change the limits.

You authorize The Peoples Bank to withdraw, debit or charge the necessary funds from your designated account in order to complete all of your designated transfers and payments. 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.

Please refer to the Internet Banking Agreement and Disclosure that you accepted for additional information regarding the operation of Bill Pay.

Canceling and Changing Transfers and Payments

Bill Payments

In order to cancel or change a payment, you must sign into The Peoples Bank Mobile Banking Bill Payment or Bill Payment within Internet Banking and follow the directions provided on the Bill Pay screens. You can cancel or change a payment that has not started processing.

If the payment is “In Process”, you can no longer cancel or change it. You must contact the bank at 270-965-3188 to request a stop payment and will be charged a stop payment fee in accordance with the most recent fee schedule. Additional fees, above the bank’s stop payment fee, from the bill payment provider, may be incurred to process a stop payment.

Transfers

You cannot cancel a 1-time immediate transfer after it has been submitted in mobile Banking and the information has been transmitted to us.

Future-dated transfers can be canceled or changed prior to midnight Central Time on the bank business day prior to the date the transfer is scheduled to be made. If the transfer’s status is In Process or Processed, you can no longer cancel it. After you cancel a future-dated transfer, the status changes to Canceled.

Other Terms and Conditions

Monthly Service Charge

Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is no monthly service charge for accessing your linked accounts with the Mobile Banking service.

Other Charges

In addition to the fees already described in this Agreement, you should note that depending on how you access Mobile Banking you might incur charges for:

Normal account fees and service charges.

Any Internet service provider fees.

Payments or transfers made through Mobile Banking services from a savings or money market account may result in an excess transaction fee. See your savings or money market account for details.

Additionally, fees may be assessed for added self-service features available through Mobile Banking Customer Service, such as stop payment requests, check copy orders and account statement copy orders. For additional information, please see the applicable Deposit Agreement and most recent fee schedule.

Service Hours

Mobile Banking services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to mobile Banking. You may contact Mobile Banking Customer Service at 270-965-3188 from 8:30 a.m. to 4:00 p.m. Central Time Monday – Thursday and from 8:30 to 5:00 on Friday, excluding bank holidays. You may also email [email protected] with any questions or concerns.

Joint Accounts

When your mobile Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. Joint accounts using the same Online ID will be identified as one service.

Changes to Agreement

We may change this agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail or electronic message. If you initiate any transfer of funds or bill payment through your mobile Banking after the effective date of a change, you indicate your agreement to the change.

Cancellation

Your Mobile Banking remains in effect until terminated by you or The Peoples Bank. You may cancel your service at any time by notifying us of your intent to cancel in writing, via email to [email protected], or by calling Mobile Banking Customer Service at 270-965-3188. Please note that email sent to this address should not contain any personal information, such as account numbers. This cancellation applies to your Mobile Banking services, and does not terminate your The Peoples Bank deposit or credit accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service.

We may terminate your participation in Mobile Banking Services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so.

Use of External Email Address

With Mobile Banking services we may send messages to your external email address and notify you responses to your payment inquiries or customer service inquiries are available, or as otherwise described within the Mobile Banking services. If you subscribe to e-Bills service, we may also use external email to notify you that you have new bills. If, for any reason your external email address changes or becomes disabled, please contact The Peoples Bank immediately so that we can continue to provide you with automated messages. You may notify us of any changes to your external email address through “Contact Us” within Mobile Banking.

Transfers From Money Market Deposit and Savings Accounts

Federal regulations and the deposit agreement impose limits on the number of certain types of withdrawals and transfers you can make each month from a savings and money market deposit account. The maximum withdrawals or transfers on all types of Savings and Money Market Accounts is six (6) per monthly statement cycle (each month for savings accounts with a quarterly statement cycle) when made by check, draft/ACH, debit card, internet/mobile/phone transfers, or for covering overdrafts. If you exceed these limits on more than an occasional basis, you will be notified and we will convert your account to another type of account. Each transfer through the Mobile Banking Services from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each statement period. You cannot use a savings or money market deposit account as your bill payment account because of these limits on transfers. Please review the deposit agreement for your account for more information.

Contact by The Peoples Bank or Affiliated Parties

No The Peoples Bank or Payee employee, nor any company affiliated with The Peoples Bank mobile will contact you via email or phone requesting your mobile ID or mobile passcode. If you are contacted by anyone requesting this information, please contact us immediately.

Reporting Unauthorized Transactions

For accounts: Operations Officer – 270-965-3188

Disclosure of Account Information

We may disclose information to third parties about you or your transactions in the following instances:

When it’s necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment

To verify the existence and condition of your account for a third party, such as a credit bureau or merchant

To comply with a government agency or court orders, or in connection with fraud prevention or an investigation

If you give us your permission

Account Statements

We report your Mobile Banking transactions on the monthly statements for your linked accounts. A description of each transaction, including whom you paid, and the date and amount of the transaction will appear on your statement.

Limitation of Liability for Mobile Banking Transactions

Tell us at once if you believe your Mobile Banking passcode has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Mobile Banking Services could cause you to lose all of your money in your accounts.

You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been mailed to you. If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period. When you give someone your Mobile Banking ID and passcode, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.

For your protection, sign off after every mobile Banking session.

Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your account on time, or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable:

If, through no fault of ours, you don’t have enough available funds in your account to cover the transaction or transfer

If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we’ve taken

If there are postal delays or processing delays by the Payee

There may be other exceptions not specifically mentioned.