Common use of Our Liability for Failure to Make Transfers Clause in Contracts

Our Liability for Failure to Make Transfers. If you have a consumer Account and we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damages. However, there are some exceptions. We will not be liable, if, for instance: a. Through no fault of ours, you do not have enough money in your Account to make the transfer. b. The transaction will exceed the available credit limit on any applicable linked line of credit. c. Your Xxxx Payment Service is not working properly. d. The person or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us. e. You have provided us with incorrect, incomplete or inaccurate data or other Account information, including but not limited to date related errors, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement. f. There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems). g. Circumstances beyond our control (such as, but not limited to, fire, flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, prevent the proper execution of the transaction, despite reasonable precautions we have taken. h. This Agreement or your transfer authorization has been terminated, i. Your Account has been closed, there is a hold on funds in your Account, or access to your Account is blocked in accordance with our policies. j. Your funds are subject to legal process or encumbrances restricting transfer. k. Applicable law prevents completion of the transaction. l. Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Account. m. You believe someone has accessed your Account without your permission and you fail to notify us immediately. (Refer to the section above “Unauthorized Transactions”) n. If the terminal or system is not working properly and you knew about it when you started the transfer. o. There may be other exceptions in our other agreements with you.

Our Liability for Failure to Make Transfers. If you have a consumer Account and we do not complete a transfer to or from your Account account on time or in the correct amount according to our agreement with youamount, we will be liable for your losses and or damages. However, there are some exceptions. We , including, but not limited to those listed below, under which we will not be liable, ifliable to you, for instance: a. Through : If through no fault of ours, you do not have enough money in your Account account to make the transfer. b. The transaction will . If the transfer would exceed the available credit limit on any applicable linked line of credit. c. Your Xxxx Payment Service is not working properly. d. The person or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us. e. You have provided us with incorrect, incomplete or inaccurate data or other Account information, including but not limited to date related errors, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement. f. There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems). g. Circumstances beyond our control (such as, but not limited to, fire, flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, prevent the proper execution of the transaction, despite reasonable precautions we have taken. h. This Agreement or your transfer authorization has been terminated, i. Your Account has been closed, there is a hold on funds in your Account, or access to your Account is blocked in accordance with our policies. j. Your funds are subject to legal process or encumbrances restricting transfer. k. Applicable law prevents completion of the transaction. l. Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Account. m. You believe someone has accessed your Account without your permission and you fail to notify us immediatelyoverdraft line. (Refer to the section above “Unauthorized Transactions”) n. If the terminal or system is Services were not working properly and you knew about it the breakdown when you started the transfer. o. . If there are any errors in the information you provide necessary to process the transfer or you do not follow procedures required to make the transfer. If we have reason to believe your Credentials have been compromised or a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous or illegal. If you have exceeded any transfer frequency or amount limitations, if any, set forth in the Account Information Statement. If making a transfer would cause us to violate any law, rule, or regulation to which we are subject. If circumstances beyond our control (such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken. If your Personal Devices and Software (defined in Section 3.2 (Use of the Services) below), telephone, Internet Service provider, telephone line, cable line, fiber optic line, satellite connection, modem, router or any other computer software or hardware fails to perform or if there are technical or editorial errors or omissions contained in any instructions pertaining to any of the foregoing. There may be other exceptions set forth in our other agreements we have with youyou applicable to the account from which the transfer was to be made, or as otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If you have a consumer Account and we do not complete a transfer to or from your Account account on time or in the correct amount according to our agreement Agreement with youyou and the instructions you transmit, we will may be liable for your actual losses and or damages. However, there are some exceptions. We will not be liableliable under the following circumstances: • If, if, for instance: a. Through through no fault of ours, you do not have enough money adequate available funds in your Account account to make complete a transaction, your account is closed, or the transfer. b. The transaction will amount would exceed the available your credit limit on any applicable linked your line of credit. c. Your Xxxx Payment Service is not working properly. d. The person or entity to which , if applicable. • If you direct payment mishandlesused the wrong password, delays, or fails or refuses to accept a payment sent by us. e. You have provided us with incorrect, incomplete or inaccurate data or other Account information, including but not limited to date related errorsprovide incorrect security question answer(s), or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement. f. There are technical problems in our receipt of information or instructions from you (for examplenot properly followed any applicable Access Device, problems arise with computers, software, modemsInternet Access, or telephone communicationscredit union user instructions for making transactions. • If your Access Device fails or malfunctions, including or the Services were not properly working and such problem should have been apparent when you attempted such transaction. • If the funds in your account are subject to an administrative hold, legal process, or other circumstances restricting such transaction or payment. • If you or a third party (e.g., the U.S. Treasury or an automated clearing house) have not given us complete, correct, and current instructions so the credit union can process a transaction. • If you did not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due. • If we make a timely bill payment but the payee nevertheless does not limited credit your payment promptly after receipt. • If our failure to date related problems). g. Circumstances complete the transaction is done to protect the security of your account and/or the online/mobile banking system. • If delays in processing and/or payment are caused by third-party software and/or services. • If circumstances beyond our control (such as, but not limited to, as fire, flood, interference from an outside forceearthquake, computer system failure, telecommunication outages, postal strikes, lockoutsequipment, acts power failure or improper transmission or handling of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, payments by a third party) prevent the proper execution of the transactiontransfer, despite reasonable precautions taken by us. • If there are other exceptions as established by us from time to time. Provided that no exceptions are applicable, if we have taken. h. This Agreement cause an incorrect amount of funds to be removed from your account, or cause funds from your account to be directed to a person or entity which does not comply with your transfer authorization has been terminated, i. Your Account has been closedor payment instructions, there is a hold on we will be responsible for returning the improperly transferred funds in your Account, or access to your Account is blocked in accordance with our policies. j. Your funds are subject to legal process or encumbrances restricting transfer. k. Applicable law prevents completion of the transaction. l. Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Account. m. You believe someone has accessed your Account without your permission account and you fail to notify us immediately. (Refer for directing to the section above “Unauthorized Transactions”) n. If the terminal proper recipient any previously misdirected bill payments or system is not working properly and you knew about it when you started the transfertransfers. o. There may be other exceptions in our other agreements with you.

Our Liability for Failure to Make Transfers. If you have a consumer Account and we do not complete a transfer transfer, including a Xxxx Payment, to or from your Account on time or in the correct amount amount, or cancel a transfer as properly requested on time or in the correct amount, according to our agreement with you, we will be are liable for your losses and or damages. However, there There are some exceptionsexceptions to our liability for processing transactions on your Accounts. We will not be liable, if, for instance: a. ,if: • Through no fault of ours, you do not have enough money in your Account to make the transfer. b. , or if the transfer cannot be made because of legal restrictions affecting your Account; • The transaction will exceed transfer would go over the available credit limit on your overdraftline; • Your Account is closed or has been frozen; • You or anyone you allow to use the Online Service has committed any fraud or violation of applicable linked line of credit. c. Your Xxxx Payment Service is not working properly. d. law or regulation; • The person or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us. e. You have provided us with incorrect, incomplete or inaccurate data or other Account informationsystems, including but not limited to date related errorsMobile Banking, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement. f. There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems). g. Circumstances beyond our control (such as, but not limited to, fire, flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, prevent the proper execution of the transaction, despite reasonable precautions we have taken. h. This Agreement your Mobile Device or your transfer authorization has been terminated, i. Your Account has been closedInternet, there is a hold on funds in your Accountcellular or wireless service, or access to your Account is blocked in accordance with our policies. j. Your funds are subject to legal process or encumbrances restricting transfer. k. Applicable law prevents completion of the transaction. l. Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Account. m. You believe someone has accessed your Account without your permission and you fail to notify us immediately. (Refer to the section above “Unauthorized Transactions”) n. If the terminal or system is were not working properly and you knew about it the breakdown when you started the transfer. o. ; • Circumstances beyond our control, such as interruption of telephone or wireless service or telecommunication facilities, flaws in your Mobile Device or natural disaster, such as a fire or flood, prevent the transfer, despite reasonable precautions that we have taken; • You have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the Payee on a BillPayment; • You have not properly followed the instructions for using the OnlineService; • You have failed to download and/or install any required Mobile Application; • Your computer or Mobile Device fails or malfunctions; or • Your operating system or software was not properly installed or functioningproperly. There may be other exceptions stated in our other agreements Account Disclosure with you. Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental or consequential damages. In states that do not allow the exclusion or limitation of liability for indirect, special, incidental or consequential damages, our liability is limited to the extent permitted by applicable law.

Our Liability for Failure to Make Transfers. If you have a consumer Account and we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your losses and or damages. However, there are some exceptions. We will not be liable, if, for instance: a. Through :  If through no fault of ours, you do not have enough money in your Account to make the transfer. b. The transaction will exceed .  If the available credit limit on any applicable linked line of credit. c. Your Xxxx Payment Service money in your Account is not working properly. d. subject to legal process or other encumbrances restricting the transfer.  The person or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us. e. .  You have provided us with incorrect, incomplete or inaccurate data or other Account information, including but not limited to date related errors, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement. f. .  There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems). g. Circumstances .  If the transfer would go over the available balance in your overdraft account.  If a terminal or system was not working properly and you knew about the breakdown when you started the transfer.  If circumstances beyond our control (such as, but not limited to, fire, as fire or flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, ) prevent the proper execution transfer or use of the transactionFirst Community Bank Online Banking, despite reasonable precautions that we have taken. h. .  If we have a reasonable basis for believing that unauthorized use of your Account(s) has occurred or is occurring, if you are in default under this or any other Agreement with us, or if you or we have terminated or suspended your use of First Community Bank Online Banking.  If your operating system is not properly installed or properly functioning.  For errors or failures from any malfunctions of your browser, internet service provider, computer, computer virus or other problems relating to the computer equipment you use to access First Community Bank Online Banking.  This Agreement or your transfer any applicable authorization has been terminated, i. Your Account has been closed, there is a hold on funds in your Account, or access to your Account is blocked in accordance with our policies. j. Your funds are subject to legal process or encumbrances restricting transfer. k. Applicable law prevents completion of the transaction. l. .  Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Account. m. You believe someone has accessed your Account without your permission and you fail to notify us immediately. (Refer to the section above “Unauthorized Transactions”) n. If the terminal or system is not working properly and you knew about it when you started the transfer. o. There may be other exceptions in our other agreements with you.

Our Liability for Failure to Make Transfers. If you have a consumer Consumer Account and we do not complete a transfer to or from your Consumer Account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damages. However, there are some exceptions. We will not be liableliable (whether or not you have a Consumer Account), if, for instance: a. 1. Through no fault of ours, you do not have enough money in your Account to make the transfer. b. 2. The transaction will exceed the available credit limit on any applicable linked line of credit. c. Your 3. The Xxxx Payment Service is not working properly. d. 4. The person or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us. e. 5. You have provided us with incorrect, incomplete or inaccurate data or other Account information, including but not limited to date related errors, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement. f. 6. There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems). g. 7. Circumstances beyond our control (such as, but not limited to, fire, flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, prevent the proper execution of the transaction, despite reasonable precautions we have taken. h. 8. This Agreement or your transfer authorization has been terminated,. i. 9. Your Account has been closed, there is a hold on funds in your Account, or access to your Account is blocked in accordance with our policies. j. 10. Your funds are subject to legal process or encumbrances restricting transfer. k. 11. Applicable law prevents completion of the transaction. l. 12. Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Account. m. 13. You believe someone has accessed your Account without your permission and you fail to notify us immediately. (Refer to the section above “Unauthorized Transactions”) n. 14. If the terminal or system is not working properly and you knew about it when you started the transfer. o. There may be other exceptions in our other agreements with you.

Our Liability for Failure to Make Transfers. If you have a consumer Consumer Account and we do not complete a transfer to or from your Consumer Account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damages. However, there are some exceptions. We will not be liableliable (whether or not you have a Consumer Account), if, for instance: a. i) Through no fault of ours, you do not have enough money in your Account to make the transfer. b. ii) The transaction will exceed the available credit limit on any applicable linked line of credit. c. iii) Your Xxxx Bill Payment Service is not working properly. d. iv) The person or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us. e. v) You have provided us with incorrect, incomplete or inaccurate data or other Account information, including but not limited to date related errors, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement. f. vi) There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems). g. vii) Circumstances beyond our control (such as, but not limited to, fire, flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, prevent the proper execution of the transaction, despite reasonable precautions we have taken. h. viii) This Agreement or your transfer authorization has been terminated,. i. ix) Your Account has been closed, there is a hold on funds in your Account, or access to your Account is blocked in accordance with our policies. j. x) Your funds are subject to legal process or encumbrances restricting transfer. k. xi) Applicable law prevents completion of the transaction. l. xii) Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Account. m. xiii) You believe someone has accessed your Account without your permission and you fail to notify us immediately. (Refer to the section above “Unauthorized Transactions”) n. xiv) If the terminal or system is not working properly and you knew about it when you started the transfer. o. There may be other exceptions in our other agreements with you.

Our Liability for Failure to Make Transfers. If you have given us all of the proper and timely instructions and have properly completed all fields to complete a consumer Account transfer and we do not complete a transfer to or from your Account account on time or in the correct amount according to our agreement with you, subject to the limitations contained in this Agreement, we will be liable for your losses and damagesor damages proximately caused by our failure. However, there are some exceptions. We will not be liable, if, for instance: a. Through : · If, through no fault of ours, you do your account does not have enough money in your Account contain sufficient collected funds to make the transfer. b. The transaction will exceed . · If the available credit limit on any applicable linked line of credit. c. Your Xxxx Payment Service is not working properly. d. The person or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us. e. You have provided us with incorrect, incomplete or inaccurate data or other Account information, including but not limited to date related errors, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement. f. There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems). g. Circumstances beyond our control (such as, but not limited to, fire, flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, prevent the proper execution of the transaction, despite reasonable precautions we have taken. h. This Agreement or your transfer authorization has been terminated, i. Your Account has been closed, there is a hold on funds money in your Account, or access to your Account account is blocked in accordance with our policies. j. Your funds are subject to legal process or other encumbrances restricting the transfer. k. Applicable law prevents completion of the transaction. l. Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Account. m. You believe someone has accessed your Account without your permission and you fail to notify us immediately. (Refer to the section above “Unauthorized Transactions”) n. · If the terminal or a transfer system is was not working properly and you knew about it the breakdown when you started the transfer. · If an act of God or circumstances beyond our control (such as fire or flood) prevent the transfer or use of Service despite reasonable precautions that we have taken. · If incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse. · If you have not properly followed the instructions for using our Service. · For errors or failures from any malfunctions of your service provider, or other problems relating to the telephone equipment you use with our Service, including, without limitation, your inability to access the Service or any part of the Service. · For a failure to provide access or for interruptions in access to the Service due to Service system failure. · NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN TRANSFERRING FUNDS WILL BE TO CORRECT THE ERROR, BUT IN NO CASE WILL THE BANK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICE. o. There may be other exceptions in our other agreements with you.

Our Liability for Failure to Make Transfers. If you have a consumer Account and we do not complete a transfer to or from your Account account on time or in the correct amount according to our agreement with you, we will be liable for your losses and or damages. However, there are some exceptions. We will not be liable, if, for instance: a. Through : • If, through no fault of ours, you do not have enough money sufficient available funds in your Account account to make the transfer. b. The transaction will exceed the available credit limit on any applicable linked line of credit. c. Your Xxxx Payment Service is not . • If Online Banking services weren't working properly. d. The person , and you knew about the malfunction when you started the transaction or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us. e. You have provided us with incorrect, incomplete or inaccurate data or other Account information, including but not limited to date related errors, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement. f. There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems). g. Circumstances transfer. • If circumstances beyond our control (such asas earthquake, but not limited to, fire, fire or flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, ) prevent the proper execution of the transactiontransfer, despite reasonable precautions that we have taken. h. This Agreement . • If we have received a court order or similar directive (such as a writ of attachment or execution) preventing us from allowing any withdrawals from your transfer authorization has been terminated, i. Your Account has been closedaccount. • If you have closed your account. • If you have not provided to us complete, there is a hold on funds in your Accountaccurate, or access to current account numbers or other identifying information so that we or a merchant or institution can properly credit your Account is blocked in accordance account. • If you have not properly followed the Online Banking or Online Xxxx Pay instructions or have provided us with our policies. j. Your funds are subject to legal process inaccurate or encumbrances restricting transfer. k. Applicable law prevents completion wrong information. • We have not yet activated your Online Banking service or we have terminated your use of the transaction. l. Unusual Online Banking service. • We are not liable for special, indirect or extraordinary circumstances exist which indicate improper or unlawful use consequential damages if an error was not intentional and resulted from bona fide error despite maintaining procedures adopted to avoid such error. • Except as otherwise required by applicable law, if an error was not intentional and resulted from bona fide error despite maintaining procedures adopted to avoid such error, our liability to you is limited to no more than the amount of money that is lost from your Account. m. You believe someone has accessed your Account without your permission and deposit account as a result of our fault plus the amount of Online Banking services fees in connection with the disputed transactions that we have collected from you fail to notify us immediatelyover the preceding one-year period. (Refer to the section above “Unauthorized Transactions”) n. If the terminal or system is not working properly and you knew about it when you started the transfer. o. There may be other exceptions in our other agreements with younot specially mentioned here.