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.
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, Suite 330, 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 16 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 attempt communication to you via phone and email. If you do not contact us 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 Password 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 Password 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 Password. During the enrollment process you will be asked to select a unique User ID and then choose a “Password” that will be used to gain access to the Service.
You determine your own Password, which is encrypted in our database. Neither we nor our Service Providers have access to this information. Because your Password is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a Password that is hard to guess. To assist you in selecting stronger Passwords, the Service uses a “Password Analyzer” that will not allow words found in a dictionary or associated with your name, address or other personal information, (The “Password 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 Password.
Keep your Password safe, memorize your Password and never tell it to anyone. We recommend that you change your Password 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 Password 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 Password that you can remember.
• Keep your Password safe.
• Memorize your Password and do NOT write it down.
• You should change your Password occasionally, such as every 90 days.
• A Password should be changed immediately if you suspect that your Password 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 Password. 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 Password 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 Password, 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.
Tell us AT ONCE if you believe your Password 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 Password, you can lose no more than $50 if someone used your Password without your permission.
If you do NOT tell us within 2 Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password 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 Password has been lost or stolen, call: (630) 570-7730 or write to Internet Banking Service Support, c/o Republic Bank, 2221 Camden Court, Suite 330, 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 Password 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, Suite 330, Oak Brook, IL 60523. 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 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, we 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, we 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. Your E-mail Address
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 Password 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 Deposit Account Fee Schedule. We will mail or deliver a written notice to you at least 30 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. 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 and money market 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 Department.
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 day. 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.
o 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.
o 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.
o 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.
o 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.
o 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:
o 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).
o If your account had sufficient funds to complete the payment on the scheduled “send on” date.
o If the Payee was a business Payee.
o If the Payee assessed late payment fees or penalties due to the delay of this payment.
o 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 Deposit Accounts 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”) 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.
Funds Transfer is subject to the following limitations, among others:
• Frequency of Transfers: We do not currently limit the number of Funds Transfers 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 transfer transaction. 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. The monthly maximum is 10 total external transfers, not to exceed the aggregate monthly total of $10,000.00. The individual transfer limit is $2500.00 per transaction.
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. Mobile Banking App Agreement
This service is provided to you by us and powered by a Third Party (the “Licensor”) mobile technology solution.
Section A of these End User Terms is a legal agreement between you and us.
Section B of these End User Terms is a legal agreement between you and the Licensor.
Section A – Republic Bank of Chicago Terms and Conditions
The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from us. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
The services are provided by us and not by any other third party. You and we are solely responsible for the content transmitted through the text messages sent to and from us. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)
Section B – End User License Agreement Terms for the Downloadable App
To be agreed to by end user prior to use of the downloadable app ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).
License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) Decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) Redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) Remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
Disclaimer Warranty. The software is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No warranty is provided that the software will be free from defects or viruses or that operation of the software will be uninterrupted. Your use of the software and any other material or services downloaded or made available to you through the software is at your own discretion and risk, and you are solely responsible for any damage resulting from their use.
Limitations of warranty. To the maximum extent permitted by applicable law, in no event will We, Licensor , the provider of any financial services available through or related to the software, any of their contractors or providers or any of each of their affiliates be liable for any damages arising out of the use or inability to use the software, including but not limited to any general, special, incidental or consequential damages, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which any claim is based. In any case, liability of Licensor or any of the other persons or entities described in the preceding sentence arising out of the use or inability to use the software shall not exceed in the aggregate the lesser of $10.00 or the sum of the fees paid by you for this license.
U.S. Government Restricted Rights. The Software is commercial computer software subject to restricted rights. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
19. 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.
20. 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.
21. Disclosure of Account Information to Third Parties
We understand how important privacy is to our customers. 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.
22. Virus Protection and Computer Maintenance
You are responsible for the maintenance and security of your 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.
23. 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.
24. 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., Suite 330, Oak Brook, IL 60523 or by e-mail at support@RepublicEbank.com. 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.
25. 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.
27. 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.
28. 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 an authorized officer. 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.
30. Entire Agreement
This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Terms and Conditions provided to you separately.
Contact by Us or Our Service Providers
Neither our employees nor our Service Provider will contact you via e-mail or phone requesting your mobile ID or mobile Passcode. If you are contacted by anyone requesting this information, please contact us immediately.
Mobile Remote Deposit
1. This Service is designed to allow you to make deposits to your checking, savings, or money market savings Linked Accounts from home or other remote locations by capturing images of paper checks (“Check Images”) and delivering the Check Images and associated deposit information to us or our Service Provider (each an “Electronic Check Deposit”). Once you have downloaded our Mobile Banking App on your Mobile Device and enrolled in the Service, you will be able to take pictures of checks for deposit. You will need to provide an image from both the front and the back of the check and provide the information required. E-mail notifications will be sent to let you know your transaction was successful. Only one check may be deposited per deposit session.
In order to be eligible to be transmitted to us through the Service, a check must meet all of the following requirements:
• The check must be a paper check made payable only to you;
• The paper check must be payable on demand and drawn on or payable in U.S. dollars at a financial institution whose corporate headquarters is located in the United States;
• The paper check must not have been previously deposited with any financial institution, or deposited to the Linked Account or any other Account or used as a source document for any electronic image that has been transmitted to any financial institution; and
• The paper check cannot be future or postdated.
You may not image and deposit any of the following types of checks:
• Checks payable to any person or entity other than the person or entity that owns the Linked Account that the check is being deposited into.
• Checks containing an alteration on the front of the check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
• Checks payable jointly, unless deposited into an account in the name of all payees.
• Checks previously converted to a substitute check, as defined in Regulation CC.
• Checks drawn on a financial institution located outside the United States.
• Checks that are remotely created checks, as defined in Regulation CC.
• Checks not payable in United States currency.
• Checks dated more than six (6) months prior to the date of deposit.
• Checks prohibited by our current procedures relating to the Service or which are otherwise not acceptable under the terms of your Account.
• Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
• Checks that are drawn or otherwise issued by the U.S. Treasury Department.
Endorsements and Procedures
You must restrictively endorse any check transmitted through the Service as “For mobile deposit only, account #______” or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of the Service as we may establish from time to time.
The Check Image transmitted to us using the Service must be legible, as determined in our sole discretion. Each Check Image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information at the bottom of the check, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The Check Image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Receipt of Checks
We reserve the right to reject any check transmitted through the Service, at our discretion, without liability to you. We are not responsible for checks we do not receive or for Check Images that are dropped during transmission. A Check Image shall be deemed received when you receive a confirmation from us that we have received the Check Image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your Account. We further reserve the right to charge back to your Account at any time, any check that we subsequently determine was not an eligible check. We are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible check.
2. Following receipt, we may process the Check Image by preparing a “Substitute Check” or clearing the check as an image. The manner in which the checks are cleared, presented for payment, and collected shall be in our sole discretion subject to the Account Agreement.
Availability of Funds
In general, if a Check Image you transmit through the Service is received and accepted before the Cut-Off Time of 6:00PM (CST)on a Business Day, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next Business Day. Funds deposited using the Service will generally be made available on the next business day from the day of deposit. We may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in in our sole discretion, deems relevant.
Disposal of Transmitted Checks
Upon your receipt of a confirmation from us that we have received a Check Image that you have transmitted, you agree to retain the check for at least forty-five (45) calendar days from the date of the Check Image transmission. After forty-five (45) days, you agree to destroy the check that you transmitted as an image, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment.
During the time the retained check is available, you agree to promptly provide it to us.
We may establish limits on the dollar amount and/or number of checks or deposits from time to time, and we may limit the number of Linked Accounts you may access through the Service. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Addendum, and we will not be obligated to allow such a deposit at other times.
Errors in Transmission
By using the Service, you accept the risk that a Check Image may be intercepted or misdirected during transmission. We bear no liability to you or others for any such intercepted or misdirected checks or information disclosed through such errors.
User Warranties and Indemnification
You warrant to us that:
• You will only transmit eligible checks.
• You will not transmit duplicate checks.
• You will not re-deposit or re-present the original check.
• All information you provide to us is accurate and true.
• You will comply with this Addendum and all applicable rules, laws and regulations.
• You are not aware of any factor which may impair the collectability of the check.
• You will indemnify and hold harmless us from any loss for breach of this warranty provision.
Cooperation with Investigations
You will cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of checks deposited through the Service in your possession and your records relating to such checks and transmissions.
Limitations of Service
When using the Service, you may experience technical or other difficulties. We will attempt to post alerts on our web site or send you a text message to notify you of these interruptions in service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
In the event that Check Images may not be transmitted through the Mobile Remote Deposit Service for deposit into your Account, you should bring the deposit in person to any one of our branch offices to deposit the original Check(s).
A fee may be charged for the Service. Any fee that is charged will be disclosed prior to your deposit. You authorize us to deduct such fees from any Account in your name. Fees will not be charged during the free trial period or other promotional campaigns.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
Effective date 9/2021.