ONLINE SERVICES AGREEMENT, TERMS & CONDITIONS

INTRODUCTION

This Agreement explains the terms and conditions for opening accounts, accessing account information, conducting transactions, and communicating with The Union Bank Company (“Institution”, “we”, “us” and “our”) via our Online Services. As used in this Agreement, the terms "you" and "your" refer to each person submitting an Online Service enrollment. As used in this Agreement, the term “Online Services” refers to our Online Account Opening, Customer EBanking, Mobile Banking, EStatements and any other service that becomes available.

Consumer accounts may also pay bills to any merchant, financial institution or an individual with a U.S. address through EBanking and Mobile Banking only by enrolling in CheckFree Web Bill Pay. The CheckFree Web Bill Pay service is governed by the Terms and Conditions of the Bill Payment Service and is not covered by this Agreement.

The Union Bank may, from time to time, introduce new Online Services. By using these services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.

EBANKING BENEFITS

Through EBanking, you have the ability to manage eligible accounts from your home, or office on a personal computer, or through your mobile browser. EBanking can be used to conduct any of the following:

• Obtain balances and transaction history, including check images, on all eligible accounts.
• Transfer money between eligible accounts
• Transfer money to pay The Union Bank Company for consumer loans, home equity loans, or certain other eligible loans.
• View EStatements for eligible accounts (EStatement enrollment required).
• Submit stop payment orders.

MOBILE BANKING BENEFITS

Through Mobile Banking, you have the ability to manage eligible accounts through your cell phone or other mobile device. Mobile Banking can be used to conduct any of the following: 

• Obtain balances and transaction history on all eligible accounts.
• Transfer money between eligible accounts.
• Transfer money to pay The Union Bank Company for consumer loans, home equity loans, or certain other eligible loans. 
• *Deposit a check from your mobile phone or device. Checks deposited through Mobile Banking must be properly endorsed with "Mobile Deposit Only" and all required signatures.  

Mobile Banking is offered as a supplemental service to Customer EBanking. In order to enroll in Mobile Banking you must have EBanking. Mobile Banking is not intended to replace EBanking, but is offered as a convenience. Once you enroll in Mobile Banking you agree to maintain your mobile information within EBanking. You also agree that you will continue to be subject to the terms of your mobile service carrier or provider. You understand that those agreements may provide for fees, limitations or restrictions that might impact your use of Mobile Banking and your provider may impose fees for data usage, text messaging and other uses of your wireless device. You agree to resolve any problems with your carrier without involving us.

ESTATEMENT BENEFITS

Using EStatements allows you to replace your paper periodic statements on your eligible accounts. EStatements reduce the risk of identity theft that comes with paper delivery. There is no mail time with EStatements so you receive the information much quicker. EStatements also helps the environment and saves trees. You may save or print EStatements as you need them with up to 24 months available at any time. We will send you an email reminder when your EStatement is ready. Contact us for more information on how to enroll.

CHECKFREE WEB BILL PAY BENEFITS

The CheckFree Web Bill Pay service is governed by the Terms and Conditions of the Bill Payment Service and is not covered by this Agreement. The Bill Payment service enables you to schedule bill payments through EBanking. Institution does not provide the service directly. Instead, Institution entered into an agreement with a bill payment provider to provide the bill payment services directly to you. Subject to any regulatory or Institution-imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a checking account. You may pay any merchant or individual approved by the bill payment provider, however, the amount of any individual payment may not exceed $9,999.99. While payments are initiated by you electronically, they are ultimately paid via an automated clearinghouse (ACH) network or by a paper check. Payments delivered over an ACH network are governed by the rules and performance standards of that network. 

Institution and its Bill Payment provider reserve the right, at their discretion, to implement security features to reduce risk of loss. These may include requiring pre-authorized drafts, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received. Institution and its Bill Payment provider also reserve the right to terminate your use of Bill Payment services at any time. 

If, for any reason, you should ever wish to cancel EBanking, we strongly suggest that you cancel all future bill payments at the same time. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete any outstanding payment orders (all individual payments and all recurring payments) once your Bill Payment service has been terminated. We will continue to maintain your accounts until you notify us otherwise.

EXTERNAL TRANSFERS

You may use the external transfer service to transfer funds to or from an eligible Union Bank account and another account held by you at another financial institution located within the United States. You represent and warrant that you have full transactional authority (i.e. the ability to initiate credits, debits, and withdrawals) on the designated external account and that the external account has no restrictions limiting such authority. Transfers may be scheduled to occur one time, for a future date, or on a specific recurring basis. You are responsible for properly transmitting your deposits and withdrawals to Union Bank as well as any loss caused by your failure to properly identify the external account to which a deposit or withdrawal is made or intended to be made. Union Bank may limit, refuse or return all or any part of a deposit or withdrawal. If an item you deposit is returned to us unpaid or is otherwise charged back to Union Bank, we will charge back to your account the amount of the item. You acknowledge that all transactions involving external accounts must comply with applicable law.

STOP PAYMENT SERVICES

You acknowledge that the Stop Payment feature of EBanking is an alternative entry system for issuing Stop Payment Orders and that the Bank may deduct the Stop Payment fee directly from your account at the time the request is made. When utilizing this feature, you warrant that the information describing the check or draft including the exact check amount, the check number and payee is correct. You acknowledge that the exact amount of the check or draft is required, and if the incorrect amount or any other incorrect information is provided that The Union Bank will not be responsible for failing to stop payment on the item. You agree that the Stop Payment Order must be received by The Union Bank within a reasonable time for The Union Bank to act on the order prior to final payment of the check, or if an ACH/EFT transfer, at least three (3) business days preceding the scheduled date for the preauthorized ACH/EFT. A Stop Payment Order received by The Union Bank using this service will be accepted as if it were in written form, will be effective for six (6) months without further notice, unless specifically renewed prior to expiration.

ALERTS

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

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

Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at any time.  Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in The Union Bank Co. Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again.  For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 1-800-837-8111. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile^®, U.S. Cellular^®, Verizon Wireless, MetroPCS.

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

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

AGREEMENT

All Online Services are governed by this Agreement and all applicable Federal, State, and Local laws and regulations. You agree that this agreement shall be governed and construed under the laws of the State of Ohio, exclusive of its conflict of law provisions, and you further consent to the exclusive jurisdiction of courts located within the State of Ohio for all claims arising under or in connection with this Agreement. Users of the Online Services must be eighteen years of age or older. Customers agree to notify The Union Bank of any changes in their name, mailing address, or e-mail address.  By using our EBanking services, you agree to the terms and conditions.

TERMINATION AND AGREEMENT MODIFICATION

The Union Bank Company reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement or associated with any service at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the current address shown in our records; and/or 3) update of our web site.

You may terminate your use of Online Services at any time by doing one of the following: 

• Calling The Union Bank Company’s Communication Center at 1-800-837-8111 or 419-659-2141.
• Writing to the Communication Center at The Union Bank Company, 105 Progressive Drive, Columbus Grove, OH. 45830.
• Sending an e-mail to us via the Internet at ebank@theubank.com. 

Termination of any services will be effective one to two business days following receipt of your requested termination. Once this agreement is terminated, the Bank will not allow any additional internet transactions on the account(s), nor will additional Online Services be permitted.

If all of your accounts accessible through Online Services are closed, access to Online Services will be terminated automatically. Failure to log on to EBanking or Mobile Banking over a 90-day period will cause the service to be terminated automatically. If EBanking services are terminated, EStatements and Mobile Banking services will also be terminated.

INFORMATION SECURITY & PROTECTING YOUR ACCOUNT

We are strongly committed to protecting the security and confidentiality of our customer accounts information. We use several techniques to help secure our Online Services, including the following: 

• You can only access Online Services with certain browsers that have 128 bit (or higher) data encryption security standard.
• Your account numbers are never displayed in full. Your account numbers will show partially blocked with only the last 4 digits being viewed.
• You must have a valid EBanking and/or Mobile Banking Access ID and personal password or PIN to logon.
• If no action is taken for 15 minutes, you will be automatically logged off the service.
• If your account remains unused for 180 days we will discontinue your online access.
  
  

SYSTEM REQUIREMENTS

To access these services you must have a personal computer or a compatible mobile access device equipped with Internet access, compatible web browser software and 128-bit data encryption capability. Compatible web browser software includes but is not limited to Microsoft Internet Explorer (IE) for Windows Version 7 or higher, or Mozilla Firefox Version 3 or higher. 

In order to receive and view documents or disclosures you must have software that allows you to view and access PDF (portable document format) files, such as Adobe Acrobat Reader. You must have an active valid email address. To retain disclosures or records you will need a printer or a storage device such as your computer hard drive. You must have EBanking to access EStatements, Mobile Banking, or CheckFree Web Bill Pay.

ON-LINE PASSWORDS AND PINS

Your Password will give you access to your Union Bank accounts via EBanking. If you choose to use Mobile Banking you will also have a PIN for your accounts. The Union Bank is entitled to act on any instructions it receives using your Password/PIN. For security purposes, it is recommended that you memorize your Password/PIN and do not write it down. Your Password/PIN can be changed at our EBanking site. You are responsible for keeping your Password/PIN and account data confidential. Your access to EBanking and Mobile Banking may be blocked in the event that your Password/PIN is incorrectly entered. If this occurs please contact the Communication Center at The Union Bank at (419) 659-2141. You agree to notify the Bank immediately in the event that your Access ID and Password/PIN is stolen or is otherwise compromised. At any time, you may ask the Bank to disable your access and Password/PIN. The Bank is entitled to act upon instructions received through any EBanking or Mobile Banking service using your Access ID and Password/PIN without inquiring as to the identity of the person using the Access ID and Password/PIN. .  You should not, under any circumstances, disclose your Access ID and/or Password/PIN by telephone, e-mail, or any other means to any person, including anyone claiming to represent The Union Bank. When you give someone your Password/PIN, you are authorizing that person to use EBanking, Mobile Banking and the Online Services, and you are responsible for all transactions performed by such parties using your Password/PIN.. The Union Bank has no responsibility for establishing the identity of any person or determining the validity of any transaction.  

RESTRICTIONS

You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the EBanking or Online Services. You may not gain, or attempt to gain, access to any EBanking and/or Online Service server, network or data not specifically permitted to you by The Union Bank Company or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with The Union Bank Company or its suppliers.

ACCESSIBILITY

You can normally access your account information through Online Services 24 hours a day, 7 days a week. However, at certain times, some or all of Online Services may not be available due to system maintenance or reasons beyond Institution's control. Institution does not warrant that Online Services will be available at all times. When Online Services are unavailable, you may use TELEBANC, an automated teller machine (“ATM”) or an Institution branch office to conduct your transactions. Online Services transactions initiated prior to 5:00 pm EST on a bank business day are posted to your account that day. Transaction completed after 5:00 pm EST or on a non-business day will be posted to your account the following business day.

BUSINESS DAY

The term “Business Day” as used in this agreement means all days except Saturday, Sunday and all bank holidays.

RESPONSIBILITY

Neither Institution nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibit withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Online Services; (ix) you knew that EBanking and/or the Online Services were not operating properly at the time you initiated the transaction or payment; (xi) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.

FEES AND LIMITS

See your Account Fee Schedule for details.

If your Account is a savings or money market deposit account, federal law requires that an Account Holder may make nor more than six (6) transfers and/or withdrawals during any one (1) calendar month or statement cycle (the period from one statement to the next) or similar period of at least four weeks, to another of your accounts with us or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction or by check, draft, debit card, or similar order made by your and payable to third parties. A "preauthorized transfer" includes any arrangement by us to pay a third party from your account upon written or oral instruction (including an order received through an automated clearing house (ACH) or any arrangement by us to pay a third party from your account at a predetermined time or on a fixed schedule. In accordance with federal law, if you have more than the allowable preauthorized transfers or preauthorized checks or draft (from money market accounts) in any one period, your Account may be subject to closure by us and the funds placed in another account that you are eligible to maintain, or we may take away the transfer and draft capabilities of the account. In addition to the above preauthorized transfers, you may make unlimited withdrawals (payments directly to you or transfers of funds from your Account to any of your other deposit accounts or loan accounts with us), either in person at our locations, by mail, messenger, telephone (via a check mailed to you), or use of an ATM card (if applicable).

YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS

You should immediately contact the Communication Center at The Union Bank at (419) 659-2141 if you believe anyone has improperly obtained your Password or if you suspect any fraudulent activity in your account(s), you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. If your Password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. Except as otherwise provided below, if you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. . In addition, we must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of monies lost in connection with unauthorized transfers occurring after the expiration of the sixty (60) day period if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays. 

When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.

ELECTRONIC MAIL (email)

Sending Email is a very good way to communicate with The Union Bank regarding your accounts or the Online Services. However, your email is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any email to Institution. You cannot use email to initiate Online Service transactions. All such transactions must be initiated using the appropriate functions within the Online Service site. The Union Bank will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.

LINKS TO OTHER SITES

Information that The Union Bank publishes on the Internet may contain links to other sites and third parties may establish links to The Union Bank’s site. The Union Bank makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, The Union Bank does not endorse the products or services offered by any company or person linked to this site nor is The Union Bank responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.

VIRUS PROTECTION

The Union Bank is not responsible for any electronic virus that you may encounter using the Online Services. We encourage you to routinely scan your computer/device using a reliable virus protection product to detect and remove viruses. If undetected and not repaired, a virus can corrupt and destroy your programs, files and hardware.

INDEMNIFICATION

Customer shall indemnify, defend and hold harmless The Union Bank Company and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.

DAMAGES AND WARRANTIES 

In addition to the terms previously disclosed, The Union Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by use of the Online Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. In addition, The Union Bank disclaims any responsibility for any electronic virus(es) or spyware Customer may encounter after installation of such software or use of the Online Services. Without limiting the foregoing, neither The Union Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Institution and its suppliers provide the Online Services from their own sites and they make no representation or warranty that any information, material or functions included in the Online Services are appropriate for use by you in your jurisdiction. If you choose to use the Online Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither The Union Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of the Online Services, or contained in any third party sites linked to or from Institution’s web site. THE UNION BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE SERVICES OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make only in the following situations: 

• At your consent or at your direction;
• For everyday business purposes, such as to process transactions, or maintain account(s);
• To respond to court orders and legal investigations;
• To report to credit bureaus;
• To protect the confidentiality or security of your records;
• To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability;
• Resolving consumer disputes or inquiries;
• In connection with an examination, audit, sale, merger, or transfer of accounts or business; and;
• To comply with Federal, State, or local laws, rules and other applicable legal requirements.

See our Privacy Policy for more details. 

We do not knowingly solicit or obtain personal information from children under the age of 13 without parental consent.

ADDITIONAL REMEDIES

Due to the likelihood of irreparable injury, The Union Bank shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.

ASSIGNMENT

The Union Bank may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.

INTEGRATION

This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution.

SEVERABILITY

If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.

WAIVER

The Union Bank shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by The Union Bank of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.

FORCE MAJEURE

Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.

CONSTRUCTION

This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.

The Union Bank Company