Internet Banking Service Consumer Agreement and Disclosure
This Internet Banking Service Consumer Agreement & Disclosure (the “Agreement”) governs your use of the Internet Banking and related services described below. By using the Service you agree to all of the terms of this Agreement. This Agreement contains an arbitration provision. Please read it carefully and keep a copy for your records. The terms and conditions contained in this Agreement are in addition to those which may apply to any of your accounts, loans, credit agreements or other services we may provide to you.
This Agreement provides consumer protections for our customers who use the Service for personal, family or household purposes. In the event the Service is used for business purposes, the protections of Regulation E of the Federal Reserve System provided herein do not apply.
Contact us: Customer Service: (866) 296-4035 or us: (630) 570-7730 or write to Internet Banking Service Support, c/o Republic Bank of Chicago, 2221 Camden Court, Floor 1, Oak Brook, IL 60523.
2. Electronic Disclosures
By clicking the “I Agree” button, you agree to accept this Agreement, future amendments, and certain Internet banking related disclosures in electronic form. You also agree and represent that you have the necessary equipment for accessing the Service and for viewing electronic disclosures. The necessary equipment is further described below under the caption “Requirements for Enrolling in the Service.” You have the right to withdraw this consent by calling (630) 570-7730.
You should print or save a copy of all disclosures delivered electronically. This Agreement is always accessible through the Service, and you can request a paper copy through the Service at any time free of charge. To receive your account statements electronically (“eStatements”), you must agree to the Electronic Statement Disclosure as described later in this Agreement.
3. Requirements for Enrolling in the Service
In order to enroll in the Service:
- You must have a consumer account with us.
- Your account must be in good standing.
- You must be 18 years of age or older.
- You must have a computer and Internet browser that will support 128 bit encryption.
- You must have Internet access through an Internet Service Provider (ISP).
- You should have access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures.
- You must have software which permits you to receive, access and download Portable Document Format or “PDF” files, such as Adobe Acrobat Reader version 8.0 and above (available for downloading at http://www.adobe.com/products/acrobat/readstep2.html).
- You must also have an external e-mail address for the delivery of electronic notices and disclosures.
Prior to enrolling in the Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement and any electronic disclosures.
If we revise the hardware and software requirements, and if there is a material chance that the changes may impact your ability to access the Service, we will give you advance notice of these changes and provide you an opportunity to cancel the Service and/or change your method of receiving electronic disclosures (e.g. change to paper format versus an electronic format) without the imposition of any fees.
4. Registration Process
The Service requires completion of an initial registration process. This involves completing a secure online application that will identify all the information that we will need to enable the Service. Our Internet Banking Department will verify the information you submitted for accuracy and authorization. If you are successfully authenticated through the secure online application, you will be able to access the Services immediately. If you are not successfully authenticated, we will send you an enrollment form via e-mail on the next Business Day for you to complete. If you do not complete and return the enrollment form within one month, or if we cannot authenticate your enrollment form, your application will be terminated.
In addition to those terms otherwise defined herein, the following terms used in this Agreement shall have the following meanings:
Authorized User: any individual or agent you allow to use the Service, your Passcode or other means of accessing your online account(s).
ACH Origination: refers to the creation of debit and credit entries to facilitate the transfer or placement of funds in another institution through the Automated Clearing House network (“ACH”). ACH is a funds transfer system governed by the National Automated Clearing House Association (“NACHA”).
Billing Payment Service: the Internet Banking feature that permits you to pay bills electronically from your Funding Account.
Billing Payment Provider: the contractor, sub-contractor, or provider of the Bill Payment Service.
Business Day: any calendar day other than Saturday, Sunday, or any holidays recognized by the Federal Reserve Bank. Bill payments are processed on all Business Days that both the Federal Reserve Bank and the U.S. Postal System are operating and open for business.
Business Day Cut-Off: our primary banking offices are located in Chicago and our Business Day is based on the central standard time zone (“CST”). For posting purposes, we will process all transactions completed by 6:00 p.m. CST on that same business date. Transactions completed after 6:00 p.m. may be processed on the following Business Day. The cut-off time for internal transfers is 8:00 p.m. CST. Bill Payment and External Transfer cut-off times may differ and are further detailed within this Agreement.
Consumer: a natural person who owns or holds an account with us that is used primarily for personal, family or household purposes.
External Transfer: the Internet Banking feature that allows you to transfer funds electronically from your eligible accounts with us and to your eligible accounts at another financial institution. To use External Transfer, you must be the owner of both accounts.
Funding Account: the checking account(s) from which bill payments will be debited. You must be a legal owner of any Funding Account registered for the Service.
Funds Transfer: the Internet Banking feature that allows you to transfer funds electronically between your eligible accounts with us. Funds Transfers also includes External Transfers. Funds Transfers may be a one-time event or on a recurring basis. External Transfer may also be used to electronically send money to individuals utilizing the recipient’s current e-mail address, mobile phone number or account number information.
Payee: the person or entity to which you wish a bill payment to be directed or the person, company or organization from which you receive electronic bills as the case may be.
Service(s): the Internet Banking, Bill Payment and Electronic Bill Delivery Services offered by us through our Service Providers as described below.
Service Provider: includes any agent, licensor, independent contractor or subcontractor that we may involve in the provision of the Services.
You or your: the Consumer(s) subscribing to or using Internet Banking and your Authorized User(s).
We, us or our: Republic Bank of Chicago and, as the context dictates, any agent, independent contractor, Service Provider, designee, or assignee we may involve in the provision of Internet Banking.
6. Internet Banking Features
The Service consists of an online banking web site that provides a complete array of financial services to our customers. This allows customers to access their data with up to 18 months of full statements and complete transaction detail.
The Service currently offers:
- Account inquiries, balances, rates, etc.
- Detailed transaction history
- Secure e-mails & file transfers
- Text DDA or Savings statements
- Transaction downloads
- Various bookkeeping services
- Account transfers
- Payments to loan accounts
- External and internal account transfers
- Stop payments
- Line of Credit advances
- Overdraft Opt-in
For customers who select Bill Payment, these additional functions are available:
- One-time payments
- Fixed recurring payments
- Occasional payment of electronic bills
- Expedited payment (for qualifying customers for an additional fee)
7. Internet Security
The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet.
Encryption: The Service currently uses the Secure Socket Layer (“SSL”) encryption technology for everything you do while using Internet Banking. Your browser automatically activates this technology when it attempts to connect to the Service. The Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.
Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked.” What this means to you is that your communications are scrambled from your browser to the servers at all times so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority: The servers hosting the Service have been certified by a Certificate Authority to assure you that you are actually talking to the Service instead of someone pretending to be us. If you are using an older browser, you will see that the Certificate Authorities key may have expired; you will need to update your browser. Instructions for upgrading your browser are located on the Browser SSL Update link, which is located on the Service login page. By clicking on the lock within the Service, you can view the Certificate to ensure it is valid.
Cookies: During your use of the Service, the Service Provider will pass an encrypted cookie to your computer in order to identify your computer during the session. This cookie enables us to process multiple transactions during the session without having to provide an User ID and Passcode for each individual transaction. You must accept this cookie to use the Service. The cookie does not contain any personal information; it simply provides another level of security for the Services. The cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. When you log off, close your browser, or turn off your machine, the cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your accounts. An encrypted non-expiring Cookie is also used within the Service for the identification of us.
Log-On Security: Security is very important to the Service. One of the main security features protecting the Service is the unique combination of your User Identification Code (“User ID”) and Passcode. During the enrollment process you will be asked to select an unique User ID and then choose a “Passcode” that will be used to gain access to the Service.
You determine your own Passcode, which is encrypted in our database. Neither we nor our Service Providers have access to this information. Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a Passcode that is hard to guess. To assist you in selecting stronger Passcodes, the Service uses a “Passcode Analyzer” that will not allow words found in a dictionary or associated with your name, address or other personal information, (The “Passcode Analyzer” will encourage you to stay away from names, dates, and information that may easily be guessed.) The Service will provide helpful tips to help you select a good Passcode.
Keep your Passcode safe, memorize your Passcode and never tell it to anyone. We recommend that you change your Passcode every 90 days. This can be done at any time after you log in on by clicking the “User Services” menu.
- You should carefully select a Passcode that is hard to guess.
- You should not use words based on your name, address or other personal information.
- Special characters may be used to increase security.
- Do NOT use dictionary words. The “Help” link within the Service will offer tips on choosing a secure Passcode that you can remember.
- Keep your Passcode safe.
- Memorize your Passcode and do NOT write it down.
- You should change your Passcode occasionally, such as every 90 days.
- A Passcode should be changed immediately if you suspect that your Passcode has been compromised. This can be done at any time from the “User Services” menu after you log on to the Service.
The Service will automatically deactivate your account after 3 unsuccessful login attempts within a 24-hour time frame. Neither we nor our Service Providers will contact you by telephone or e-mail requesting personal information, your User ID, or your Passcode. If you are contacted by anyone requesting this information, please contact us immediately. If you have more questions about the security systems for conducting transaction safely over the Internet, contact our Internet Banking Department.
Multi-Level Authentication: We use multi-level authentication and behavior analysis to help prevent unauthorized access to your accounts. Multi-level authentication can help prevent access by someone who may have stolen your login credentials.
Additional Security Guidelines: All Authorized Users should sign-off after every session; however, online sessions will automatically end after 10 minutes of inactivity. This is to protect you in case you accidentally leave your computer unattended after you log-in. When you return to your computer, you will be prompted to re-enter your Passcode and your session will continue where you left off.
- The security of public computer (e.g. in a library, or Internet café) cannot be assured; therefore, we recommend that you refrain from accessing the Service on a public computer.
- Routinely scan your computer, servers, and electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or spyware may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit sensitive date to another third party or transmit a virus to other computers.
- Use a firewall product (hardware and/or software), especially if you have a broadband Internet Connection such as DSL or cable modem.
- Keep your computer’s operating system and browser fully patched for critical security issues. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Service.
- If you use wireless Internet access, turn on the encryption.
- Be cautious of e-mails you are not expecting and that ask for your personal information (e.g. ATM card number, user name, PIN). We will never ask for your personal information through e-mail. If you are ever contact by anyone asking for your Passcode, you should refuse and immediately contact us. You may be the target of attempted identity theft.
8. Your Responsibilities
The following sections apply only to individuals who access the Service for personal, family and household purpose, and do not apply to parties who use the Service for business purposes.
Your Responsibilities: Tell us AT ONCE if you believe your Passcode has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account. If you tell us within 2 Business Days after you learn of this loss or theft of your Passcode, you can lose no more than $50 if someone used your Passcode without your permission.
If you do NOT tell us within 2 Business Days after you learn of the loss or theft of your Passcode, and we can prove we could have stopped someone from using your Passcode without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfer that you did not make, tell us at once. If you do not tell us within 60 days after the statement was provided to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or at hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Passcode has been lost or stolen, call: (630) 570-7730 or write to Internet Banking Service Support, c/o Republic Bank, 2221 Camden Court, Floor 1, Oak Brook, IL 60523.
Our Liability: If 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 or damages. However, there are some exceptions. we will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If the Service was not working properly and you knew about the breakdown when you started the transfer.
- For failure to provide access or for interruptions in access to the Service due to a system failure or due to other unforeseen acts or circumstances.
- For any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your browser (Microsoft Internet Explorer, Firefox, Safari, or otherwise), your Internet service provider, your personal financial management or other software (such as Quicken, QuickBooks, or Microsoft Money), or any equipment you may use (including your telecommunication facilities, computer hardware and modem) to access or communicate with the Service.
- For postal delays or processing delays by the Payee for any bill payment made through the Service.
- If the transaction would go over the credit limit on your overdraft line of protection account (if you have one) or the overdraft line of protection account has been closed.
- If you had knowledge of or questions about the possible malfunction of the Service when you initiated the transaction.
- If any information provided by you about the Payee is incorrect.
- If the scheduling instructions on how to make a transaction contained in the User’s Guide have not been properly followed.
- Incomplete or inaccurate information has been provided to us regarding the account or transaction.
- It can be shown that the merchant or Payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of our or our Service Providers.
- If circumstances beyond our control such as natural disasters (fire, flood, tornado, etc.) or other uncontrollable circumstances (mail delays, telecommunications outages, power failures, etc.) prevent proper completion and delivery of transactions despite reasonable precautions that we have taken.
- If your account has been tied up by legal proceedings or other action restricting a transaction.
- We have a reasonable basis for believing that unauthorized use of your User ID or Passcode or designated account has occurred or may be occurring.
- If you default under the terms of this Agreement or any other legal agreement with us. If either party terminates this Agreement.
- There may be other exceptions stated in our Agreement with you.
Resolving Errors or Problems: In case of errors or questions about the Service, telephone us at (630) 570-7730, contact us electronically by sending a message through the “Contact Us” menu in the Service, or write us at Internet Banking Service Support, c/o Republic Bank, 2221 Camden Court, Floor 1, Oak Brook, IL 30523. Notify us as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you not later than 60 days after it sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send it your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or questions. If we decide to do this, it will credit your Consumer Account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.
For errors involving new accounts, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.
We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, it will send you a written explanation and debit your account any amounts provided for your use during our investigation. You may ask for copies of the documents that we used in our investigation.
9. Our Liability
You are responsible for providing us with your current e-mail address. You may update your e-mail address at any time by going to the “Customer Service” menu on the Online Banking Services website. It is important that you update your e-mail address with us. If you do not, you will not receive an e-mail notice of changes to your Service or any electronic disclosures concerning the Service or your accounts.
You may request to access any account on which you are a signer or owner. If you desire services that allow you to initiate payments or transfers from the account, you will need the required withdrawal authority over the account to be able to complete the transaction. By using the Service, you agree to maintain one or more accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service. If the accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of any Authorized Users’ User ID and Passcode are authorized unless we have been notified to cancel the Service.
11. Fees for the Service
We may charge a fee for your use of the Service. For a complete list of fees, please refer to the Internet Banking fees schedule. We will mail or deliver a written notice to you 21 days prior to the effective date of any fee increase.
12. Balance Inquiries, Bill Payments and Transfers Limitations
You may use Internet Banking to check the balance of your accounts and to transfer funds among your accounts at the Bank or to external accounts. According to federal regulations, you may not make more than 6 pre-authorized or automatic transfers or bill payments from your Money Market Deposit Account or Savings Account during a given monthly statement period. There are no limits to the number of transfers or bill payments from your accounts. Currently the Bill Payment Service is limited to only checking accounts.
Balances shown in your accounts may include deposits that are subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. Internal transfers will be processed within one Business Day of the completed transfer request if the request is made by 8:00 pm CST. If you have further questions, contact our Internet Banking Coordinator.
The balances are updated periodically and the Service will display the most current “as of” date on the “accounts” summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval.
13. Secure Email and Secure File Delivery Services
The Service includes several options under the “Customer Service” menu that provide a means to securely forward your request to us for processing. Generally, requests received through the Service will be processed within one Business Day using the same procedures for similar requests received by mail or fax. If urgent action is required, we recommend that you contact us directly by telephone or in person.
14. Stop Payment – Checks
The stop payment feature is designed to submit a request to stop payment on checks you have written. A stop payment request must specifically identify the check that you would like to stop the payment of and must be received by us before the 8:00 pm CST cut-off hour on a Business Day in order for us to treat it as received on that Business Day. If we receive your request after the cut-off hour on a Business Day or on a non-Business Day, we will treat the stop payment request as if it was received on the next Business Day. You further understand and agree that, unless we have a reasonable opportunity to act on your request prior to payment of the check, we will be unable to stop our payment. You understand and agree that, unless your stop payment request is complete and accurate, we may be unable to identify and stop payment of the check. By initiating a stop payment request of a check, you agree that you will indemnify and hold us harmless from and against any claim arising in connection with our refusal to pay the check. We may charge a fee to stop payment on your check.
Unless renewed, a stop payment request will remain in effect for a period of 6 months. If you want the stop payment request to expire in less than 6 months, you must cancel the request in writing at one of our branches. Your request to cancel a stop payment order is not effective until we have a reasonable opportunity to act on it.
15. Additional Features
- Alerts: You may add alerts to your Account under the “Add Alerts” tab on the menu. You may select alerts that will notify you, for instance, when you reach a minimum or maximum balance, when a transaction is complete or failed, when a check is processed or when your certificate of deposit mature.
- eStatements: You may eliminate the delivery of paper account statements and the enclosed checks by selecting eStatements and agreeing to the Electronic Statement Disclosure, which can be found by selecting the “Customer Service” menu in Internet Banking and selecting Change Statement Delivery Method.
If you determine that you want us to pay ATM or everyday (nonrecurring) debit card transaction overdrafts at our discretion you may opt-in on the “Customer Service” menu. Please note there is a fee charged for each overdraft we permit. You may also change your overdraft settings at the same tab.
16. Bill Payment Service
- Enrolling in the Service: You can request access to the Bill Payment Service by clicking on the Make Payments Tab and then click the Enroll in Bill Payment menu and click enroll. Your enrollment is subject to our approval, which may be withheld in our sole discretion.
- Setting up Payees: In order to pay bills online, you will need to set up your Payees by choosing from the database of vendors (payees) that already exist, or you can schedule a payment by entering the necessary payment address information. We will process all payments to Payees that have an address in the United States and its territories.
Tax payments to state, federal, or local tax agencies and court ordered payments may be scheduled through the Service; however, such payments are discouraged and are scheduled at your own risk. In no event shall we or our Service Provider(s) be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service.
- Payment Methods: Payments that you make through the Service are processed either electronically or by check. By using the Service, you authorize us and our Service Providers to choose whatever payment method we feel is the most effective method to process your transaction.
- Limits on Bill Payments: You may not make Bill Payments in excess of $9,999 per day or $20,000 per month. We reserve the right to change or further limit, at our discretion and without notice, the Bill Payments you are permitted to make.
- Scheduling Bill Payments: You should schedule bill payments in sufficient time to be delivered by the due date. The Service will display a “deliver by date” based upon the “send on” date that you enter.
- Bill payments may be scheduled for the current Business Day or any date in the future at any time, but they will only be processed once a day, usually around 8:00 pm CST on any Business Day. If you attempt to schedule a payment for the same day after the cut-off time or on a non-Business Day, the Service will notify you that you need to change the date to the next Business Day. If approved, you may have the option to request an expedited bill payment at an additional fee.
- When you schedule a bill payment through the Service, you authorize us to withdraw the necessary funds from your account and remit funds on your behalf so that funds arrive as close as reasonably possible to the delivery date designated by you. The scheduled bill payment will normally be charged to your account within one to 2 Business Days following the date your payment is sent. If your account does not have sufficient funds, you will be charged an insufficient funds or overdraft charge. Access to your bill payment will become blocked if after a second attempt by the Service Provider to collect the funds is unsuccessful.
- Bill Payment Delivery Times and Expedited Payment: The delivery time for bill payments generally will be determined by the payment method.
- If the payment method is by paper check sent through the U.S. Postal Service, the “deliver by date” will usually be 5 to 7 Business Days after the payment is sent (this date is the “send on” date in the Service). If the bill payment is sent electronically, the “deliver by date” will typically be 2-3 Business Days after the “send on” date.
- All bill payments, if properly scheduled, should be delivered to the Payee by at least the 10th Business Day after the payment was approved and charged to your account. The Service assumes the Payee will promptly process the payment on the Business Day it is received. Any delays caused by the Payee would result in additional days before the payment would show on their records.
- Expedited bill payment is available to qualifying customers for an additional fee. Once you submit your payment, it may not be edited or canceled.
- Bill Payment Late Fee Guarantee: We will reimburse you up to $50 per payment for any late payment fees or penalties you incur as a result of the Payee not receiving a payment by the Due Date if all the following apply:
- If you scheduled the payment to be sent at least 5 Business Days prior to the due date. This applies regardless of whether the payment is sent electronically or by check. If correct information was provided to us about the Payee (name, address, account number and amount).
- If your account had sufficient funds to complete the payment on the scheduled “send on” date.
- If the Payee was a business Payee.
- If the Payee assessed late payment fees or penalties due to the delay of this payment.
- If you did not receive notice from us, our Service Provider, or the Payee at least 10 calendar days prior to your scheduled payment that would have alerted you to a problem processing payments scheduled through the Service.
- Bill Payment Stop Payment Requests: The ability of us and our Service Provider to process a stop payment on a bill payment request will depend on the payment method. After cut-off time, you cannot stop or change bill payments that are issued to Payees electronically. However, if you need to issue a stop payment on a bill payment issued by paper check, contact us as soon as possible. Although we will make every effort to accommodate your request, we will have no liability for falling to do so. We may also require you to present your stop payment request in writing within 14 days after you call. The charge for each stop payment request will be the current charge for such service as set forth in the applicable fee schedule.
- Returned Payments: In using the Service, you understand that Payees and/or the U.S. Postal Service may return bill payments to the Service Provider for various reasons such as, but not limited to, Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service Provider will use our best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Funding account(s). You may receive notification from the Service of returned payments.
- Prohibited Payments: Payments to Payees outside of the United States or our territories are prohibited through the Service.
- Payment History: The Bill Payment Service will also allow you to see a history of all the payments made from your accounts.
Electronic Bill Delivery (“E-Bills”): This feature is for the presentment of E-Bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service’s E-Bill options, you also agree to the following:
- Information Provided to the Payee: We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the Payee. Any changes will need to be made by you; contact the Payee directly. Additionally, it is your responsibility to maintain all usernames and passwords for all Payee sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s or company’s bill.
The Service Provider may, at the request of the Payee, provide to the Payee your e-mail address, system address, or other data specifically requested by the Payee at the time of activating the electronic bill, for purposes of the Payee informing you about service and/or bill information.
- Activation: Upon activation of the electronic bill feature, the Service Provider may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each Payee reserves the right to accept or deny your request to receive electronic bills.
- Notification of Bill Delivery: Our Bill Payment Service Provider will use our best efforts to present all of your E-Bills promptly. In addition to notification within the Service, the Service Provider may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility, to ensure that this e-mail address information is accurate. In the event you do not receive notification of a bill, it is your responsibility to periodically logon to the Service and check on the delivery of new E-Bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.
- Cancellation of Electronic Bill Notification: The Payee reserves the right to cancel the presentment of E-Bills at any time. You may also cancel E-Bill presentment at any time. The timeframe for cancellation of your E-Bills may vary from Payee to Payee. It may take up to 60 days, depending on the billing cycle of each Payee. Our Bill Payment Service Provider will notify your Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangement for an alternative form of bill delivery. We will not be responsible for presenting any E-Bills that are already in process at the time of cancellation.
- Non-Delivery of Electronic Bill(s): You agree to hold harmless, we and our Service Providers should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be request from the Payee directly.
- Accuracy and Dispute of Electronic Bill: Neither we nor our Service Providers are responsible for the accuracy of your E-Bill(s). We and our Service Providers are only responsible for presenting the information received from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. This Agreement does not alter your liability or obligations that currently exist between you and your Payees.
17. Funds Transfer
You may use the Service to transfer funds between any of your accounts with us internally and, using External Transfer, to accounts at other financial institutions. You may also use the External Transfer to transfer funds to another party’s account using a mobile telephone number or e-mail address.
Funds Transfer is subject to the following limitations, among others:
- Frequency of Transfers: We do not currently limit the number of Funds Transfer you may make; however, Funds Transfer in excess of the number of funds transfers allowed by the applicable agreement governing your account may incur a fee or cause the closure of your account. It is your responsibility to review your account agreement to ensure you are complying with the terms and limitations of such account. From time to time, we may impose additional limits on the frequency of transfers.
- Dollar Amount of Transfers: You may not make Funds Transfers in excess of $9,999 per month. We reserve the right to change, at our discretion and without notice, the dollar amount of Funds Transfers you are permitted to make. From time to time, we may impose additional limits on the dollar amount of transfers.
- Transfers Subject to Account Disclosure: All Funds Transfers are subject to the agreement governing the relevant account. Certain types of accounts may not be eligible for Funds Transfer or may be restricted, and you agree not to make any Funds Transfer from or to such accounts.
- Rejection of Transfers: We reserve the right to decline any Funds Transfer in our sole discretion.
A transfer between any of your accounts initiated through the Service before 8:00 pm CST on a Business Day will be posted to your account the same day. All internal transfers initiated after 8:00 pm CST on a Business Day or on a non-Business Day will be posted to your account no later than the following Business Day. All External Transfers received before 6:00 pm CST on a Business Day count as received on such Business Day. External Transfers and transfers made through a Service Provider may take 3 to 4 Business Days for the transfer to be credited to the appropriate account. Funds Transfer may not be available at all times.
Please ensure that you have sufficient funds in your account prior to making a Funds Transfer. We may decline any Funds Transfer for which you have insufficient funds or that we believe may violate applicable law or expose us to liability or risk of loss.
External Transfer: We offer one-time and recurring External Transfer services . A one-time External Transfer is an electronic transfer request that is a single transaction without instructions to repeat the transaction at a future date. Recurring transfers are for transfers arranged in advance to be paid on two or more future dates. External Transfer allows for both inbound and outbound transfers. Inbound transfers are initiated through External Transfer and deposited to an account from an account with us at another financial institution. Outbound transfers are initiated through External Transfer to send funds from an account with us to an account at another financial institution. You must be the owner of the account with us and the account at the other institution in order to make an External Transfer.
Enrollment in External Transfer is optional. We utilize a Service Provider for External Transfer, and you must agree to be bound by the terms and conditions supplied by such Service Provide, which will be provided to you at the time External Transfer is requested, to use External Transfer.
Authorization: You authorize us to select any means to execute your External Transfer, including ACH. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, including the rules published by the NACHA.
We will make a reasonable effort to complete a Funds Transfer; however, if for any reason a transfer cannot be made, you authorize us, without notice to you, to credit or debit your account as necessary to reverse the Funds Transfer. We reserve the right to resubmit the External Transfer in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. If an External Transfer is returned, there may be a fee associated with such collection imposed by the financial institution holding the account.
If you have requested a Funds Transfer to a third party, you must provide us with a true, correct, and current e-mail address for such third party, and you authorize us to contact such party to request certain information (e.g. the account number and financial institution to which they wish to transfer the funds). If the third party fails to provide such information or to follow the instructions provided by us, it will not complete the External Transfer and will credit your account for the amount of the External Transfer as appropriate.
If your External Transfer instructions identify a recipient by name and account number, the receiving financial institution may execute your instructions by reference to the account number only even if the account number does not correspond to the name. You acknowledge and agree that such financial institution may not investigate any discrepancies in your instructions and that we have no responsibility to investigate discrepancies between names and account numbers.
Suspension and Reinstatement: We may, without notice to you, suspend your ability to use Funds Transfer for any reason, including our inability to debit your accounts or to otherwise collect the amount of any Funds Transfer. Our right to suspend your ability to use Funds Transfer does not limit any other right or remedy that we may have under this Agreement or otherwise. If we suspend your access to use Funds Transfer, any unprocessed Funds Transfers, including recurring transfers, will be canceled and not processed.
If we suspend your ability to Funds Transfer, you may request reinstatement of the service by contacting us. We may, in our sole discretion, grant or deny reinstatement, and if we agree to reinstate you, we may limit the number of Funds Transfer or dollar amount of funds transfers that you may make per month.
Security Procedures: If you are the recipient of an External Transfer, you agree that you will provide us with any information that we may reasonably require to transfer funds to your account and that we may provide the transferor’s financial institution with any information that it may need to transfer such funds to your account. If you are sending an External Transfer, you agree that a recipient’s financial institution may contact us to verify the content and authority of External Transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution any required information to verify the instructions. You further agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications. If an External Transfer is rejected for any reason, the funds will be returned to the transferor.
No Unlawful or Prohibited Use: You acknowledge and agree that you will not use Funds Transfer for any unlawful purpose or in a way not permitted, either explicitly or implicitly, by this Agreement. You further acknowledge and agree that you will not use Funds Transfer in a way that could damage, disable, overburden or impair Internet Banking. You agree not to impersonate any person or use a name that you are not authorized to use. You represent and warrant that all information you have provided or will provide is true, correct and complete.
Transfer History: You may access a statement of all Funds Transfer made or pending at any time through Internet Banking.
18. No Signature Requirements
When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.
19. Disclaimer of Warranty
THE SERVICE IS PROVIDED “AS IS.” WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE. THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
20. Disclosure of Account Information to Third Parties
We understand how important privacy is to our customer. We have taken steps to insure your security and privacy. The customer privacy statement can be obtained at any of our branch locations or by calling (630) 570-7730.
Information about your account(s) or the transaction(s) you make will only be disclosed to third parties if at least one of the following applies:
- It is necessary to complete a transaction.
- To verify the existence and condition of your account to a third party such as a credit bureau or merchant.
- To comply with a governmental agency or court order.
- If permission is given to us by you, which we may require to be in writing.
- To collect information for internal use, the use of the Service Providers, and the servicing agents and contractors concerning Funds Transfer.
- It involves a claim by or against us concerning a deposit to or withdrawal from your account.
- Where otherwise required or permitted under state or federal laws and/or regulations.
21. Virus Protection and Computer Maintenance
You are responsible for the maintenance and security of their personal computers. We are not responsible for any electronic virus or spyware that you may encounter. We encourage our customers to routinely scan their PC and other devices using a reliable virus detection and anti-spyware product(s) to detect and remove any viruses or malicious software. Undetected or unrepaired viruses and mal-ware may transmit sensitive data, corrupt, and/or destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
22. Wide Text Statements and Other Special Printing Instructions
For certain accounts, the statement format may be wider than your browser’s default printer setting support and may not automatically print correctly or cut off the right-hand side of the page. The “help” section will explain how to change the browser’s printer settings to show the entire statement. Additionally, many of the pages actually contain several areas of information. To print the section that you want, you may want to always click once in the area with the left mouse button to let the browser know which “frame” section you want to print. Many of the pages within the Service also include printer friendly icons.
23. Termination or Cancellation of the Services
The Service may be canceled at any time by us in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. You will remain responsible for all transactions approved by the Service prior to the cancellation, and for any other fees associated with the Service. After cancellation, you will need to re-apply to use the Service. If you have questions about re-applying, please call Internet Banking Service Support at (630) 570-7730.
You may terminate the use of the Service by contacting us in writing by mail or personal delivery to us at 2221 Camden Ct., Floor 1, Oak Brook, IL 60523 or by e-mail. If your account is closed or restricted for any reason, Internet Banking accessibility will automatically terminate. If you contact us by e-mail, do not include any sensitive information.
24. Governing Law
This Agreement shall be governed by the construed in accordance with federal laws and the laws of the State of Illinois with venue only the Counties of Cook or DuPage within the State of Illinois.
This agreement may not be assigned to any other party by you. We may assign or delegate, in part or whole, this agreement to any third party.
26. Ownership of Material
Copyright in the pages, the screens displaying the pages, and the information and material therein and in their arrangement, is owned by us and/or our Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
27. No Waiver
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of authorized officers. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on any future occasion.
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates.
29. Entire Agreement
This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement provided to you separately.
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Agreement to Arbitrate: Either you or we may, without the others consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called “Claims”).
- What Claims are subject to arbitration? All Claims relating to your account, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, crossclaims, third party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (nonclass, non-representative) basis, and the arbitrator may award relief only on an individual (nonclass, non-representative) basis.
- Whose Claims are subject to arbitration? Not only our and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you. such as a coapplicant or authorized user of your account, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future. including Claims arising before the opening of your account, are subject to arbitration
- Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”).
- What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (nonclass, nonrepresentative) claim.
How Arbitration Works: How does a party initiate arbitration? The party filing arbitration must choose one of the following arbitration firms and follow its rules procedures for initiating and pursuing arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in Cook or DuPage Counties, Illinois, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:
American Arbitration Association
225 North Michigan Avenue, Suite 2527
Chicago, IL 60601
Web site: www.adr.org; or (ii)
1920 Main Street
Irvine, CA 92614
Web site: www.jamsadr.com.
At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at later time or in connection with any other Claim.
What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least 10 year experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date of arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if request to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statues of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only and only in respect of the Claims in arbitration , and shall not have any bearing on the rights and obligations of any other person, or on the resolutions of any other dispute.
Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good mason for requiring us to do so, or if you ask and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (nonclass, nonrepresentative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, coapplicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person.
When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law.