FIRST AMERICAN BANK
ONLINE BANKING AGREEMENT
Effective March 17, 2015
GENERAL DESCRIPTION. This Online Banking Agreement ("Online Banking Agreement")
governs the use of First American Bank's Online Banking Service ("Online Banking
Service"). The terms of this Online Banking Agreement supplements, and
supersedes where inconsistent, the terms of other account agreements with First
American Bank ("us," "we" or "Bank") including,
without limitation, the Rules and Regulations Governing First American Bank
Deposit Accounts. In this Online Banking Agreement, "you" refers to
each person that accesses the Online Banking Service and each owner or person
authorized to transact business on the accounts accessed by the Online Banking Service.
Your use of the Online Banking Service will be further evidence of your
agreement regarding: (i) the terms and conditions of this Online Banking
Agreement; and (ii) other agreements that we provide to you. The Online
Banking Service permits you to perform certain banking functions on your
accounts linked with the Online Banking Service.
2. ACCEPTING THE ONLINE BANKING AGREEMENT. You are agreeing to enter into this Online Banking
Agreement electronically. By your agreement, you agree to all terms and
conditions governing use of the Online Banking Service as set forth in this
Online Banking Agreement. You may obtain a copy of this agreement at any time
from our website, www.firstambank.com. We will make a printed copy of this Agreement available
to you at your request.
ONLINE BANKING SERVICES. The Online Banking Service includes the services set forth
below which permit you to do the following:
a. Obtain account balance and transaction information for your
Eligible Linked Accounts as hereinafter defined.
b. Transfer funds between Eligible Linked Accounts.
c. Transfer funds between an Eligible Linked Account and a
Verified Account (as hereinafter defined).
Transfer funds from your Eligible Linked Accounts to
Unlinked Accounts (as hereinafter defined).
Make payments on certain lines of credit, mortgages, or
loans with us.
Use the Bill Payment Service (as hereinafter defined) to pay
merchants, institutions or individuals located in the U.S.
View your account statements and images of deposit slips,
deposited and paid checks electronically.
Reorder checks from Deluxe® Check Printers.
i. Request a stop payment on a check.
j. Receive account and transaction notices and alerts
k. Update the contact information we have in our records.
l. Download account detail using third party services.
m. Exchange messages with us using “Secure Message Service”.
CUSTOMER NOTIFICATIONS. You also consent and agree to the following
a. Any notice, record or other type of information that is
provided to you in connection with your accounts or the Online Banking Service (each
a "Customer Notice"), may be sent to you as a separate electronic
document or may be included in an electronic periodic account statement. A
Customer Notice sent to any account owner shall be deemed sent to, and received
by, all account owners on the day we send it.
b. We reserve the right to send a printed Customer Notice by
c. You will promptly report to us any change to your contact
information, including email address, name, physical address, mailing address
(if different), and telephone numbers. You may update this information using
the Online Banking Service on the “My Profile” page which you may access by
clicking on “Profile”, or by contacting us by using the Secure Message Service
or by telephone. We will not be obligated to provide a printed Customer Notice to
you unless you specifically request us to do so. You may request a printed
Customer Notice by using the Secure Message Service or by telephone. We will
not charge you a fee for printed Customer Notices, unless such fee is set forth
in our Schedule of Fees.
d. You may withdraw your consent to receive electronic
delivery of periodic account statements using the Online Banking Service on the
eStatement Preference page which you may access by clicking on “Profile”, or by
using the Secure Message Service or by telephone. Your consent to receive
Customer Notices electronically remains in effect until you withdraw your
consent, close your account, or discontinue or terminate the Online Banking Service
e. In order to receive Customer Notices online, you must maintain
computer hardware and software of sufficient capability to be able to access
and retain them electronically. For more detailed requirements, go to https://www.rib.firstambank.com/OnlineBanking/SupportedBrowsers.aspx.
5. EMAIL ADDRESS. A current, valid email address is critical to our
successful delivery of the Online Banking Service. You agree to maintain an
active email address at all times and to promptly notify us of a change of
email address by using the Online Banking Service.
a. If we contact you at the email address of record and learn
that the email is undeliverable to that address, we may, at our discretion: (i)
require you to provide a valid email address at your next login attempt; (ii)
require you to accept the Online Banking Agreement again at your next login
attempt; (iii) attempt to contact you through another means to obtain a valid
email address; or (iv) discontinue electronic Customer Notices and instead provide
them by paper.
b. If you have chosen to receive account statements in
electronic form and you do not provide us with a new email address, you agree
that we may continue to comply with the terms of this Online Banking Agreement
and the statement delivery preference you have indicated within the
"Online Statement" setting section until such time as you instruct us
6. ACCOUNTS. We may connect the following types of accounts to the Online
a. Accounts you have with us such as: checking accounts,
savings accounts, money market deposit accounts, certificates of deposit, loans
and lines of credit. (“Eligible Linked Accounts”).
b. Certain types
of accounts held at a financial institution other than First American Bank on
the condition that such accounts can be connected to the Online Banking
Services and we verify that you are an owner of such account. We may allow other types of accounts to be connected to the Online
Banking Service from time to time. We reserve the right to determine which
accounts can be connected to the Online Banking Service, and how we verify that
you are an owner. (“Verified Accounts”).
Certain types of accounts held by others with us on the
condition that such accounts can be connected to the Online Banking Service.
We may allow other types of accounts to be connected to the Online Banking
Service from time to time. We reserve the right to determine which accounts
can be connected to the Online Banking Service. (“Unlinked Accounts”).
7. AUTHORIZED ACCESS. Any owner or designated authorized signer of an Eligible
Linked Account may act alone in using the Online Banking Service to perform
account transactions and updates.
AUTHENTICATION AND SECURITY PROCEDURES. We reserve the right to deny access to the Online Banking
Service or reject a transaction without notice to you if we believe that there
is risk of unauthorized, illegal, or fraudulent activity.
You agree that we may, in our sole discretion, require
verification of user identity, in a manner satisfactory to us, at any time
before allowing access or login to the Online Banking Service or before
authorizing an online transaction. Such verification may be in any form we
determine appropriate and may include, without limitation: (i) verification by
use of your login ID and password; (ii) verification of personal information
contained in our records; (iii) verification by use of correct response to
previously submitted personal questions; (iv) verification by use of correct
response to questions devised from public records and consumer reporting
agencies on subjects only the user likely would have personal knowledge; (v)
verification of online activity by simultaneous contact through a non-online
channel; or (vi) any verification procedure that we may determine, in our sole
discretion as appropriate.
b. In the event you do not successfully provide the
information requested, we may, at our sole discretion: (i) refuse a
transaction; (ii) require you to contact us by phone or in person at a branch
for further validation of identity; (iii) cancel the Online Banking Service;
and/or (iv) take any security precautions we deem appropriate to prevent
unauthorized use of the Online Banking Service or Eligible Linked Account.
9. RESPONSIBILITY FOR ONLINE BANKING SERVICE SECURITY. To access the Online Banking Service, you are required to
input your user identification and password.
a. To help safeguard your security, you should change your
password frequently. Your password can be changed within the Online Banking
Service. Do not write your password anywhere or store it on your computer. If
you forget your password, use the Forgot Password link in the Online Banking
Service or contact us by telephone.
b. You should never include your password in any oral,
written, faxed, or email communication with us or anyone.
c. You acknowledge that maintaining confidentiality of the Online
Banking Service and Eligible Linked Accounts is your responsibility. You agree
to maintain your account information, user identification and password in
strict confidence in order to prevent unauthorized access to the Online Banking
Service. You further agree to immediately notify us of any unauthorized use, or
potential unauthorized use, of the Online Banking Service or Eligible Linked Accounts,
or of any suspicious or unexplained activity in the Eligible Linked Accounts.
d. You agree to apply all published software patches and other
upgrades to any software you use including without limitation; (i) browser
upgrades, (ii) software plug-ins, (iii) anti-virus software, and other malware
10. BALANCE AND TRANSACTION INFORMATION. You can use the Online Banking Service to obtain balance
and transaction information about your Eligible Linked Accounts, including information
about transactions for which processing is pending. The information provided to
you as part of the Online Banking Service is not the official record of your
account or its activity. Your periodic account statement, furnished to you by
us in electronic or paper form, is the official record of your account. Balance
and transaction information is generally updated regularly, but is subject to
adjustment and correction and therefore should not be relied upon by you for
taking, or not taking, any action.
ACCOUNT STATEMENTS. You may obtain periodic statements for your Eligible
Linked Accounts either electronically (“eStatements”) within the Online Banking
Service or in paper format delivered by postal mail. eStatements contain the
same information as a paper statement, depending on the type and features of
specific accounts. You may also have access to images of the front and back of
paid checks. If you choose to receive statements online, we will notify you
electronically when an eStatement is available for viewing within the Online
eStatements will be available for a limited period of time
following the statement date. You may print the documents or save them to your
computer. If you encounter difficulty saving or printing the eStatement or
images of supporting transactions, contact us using the Secure Message Service
or by telephone.
You can terminate eStatement delivery for any of your Eligible
Linked Accounts at any time by setting your statement delivery preference to
"Paper and Electronic" within the Online Banking Service, using the
Secure Message Service or by calling us. A fee to receive a paper statement may
apply. See our Schedule of Fees.
c. We will make eStatements for your Eligible Linked Accounts
available to you as required by law or upon request. We may stop making
statements available at any time without notice in such circumstances as when
your account becomes inactive, is closed, in default, in overdraft, or in
12. BILL PAYMENT SERVICE. Our Bill Payment Service allows you to schedule bill
payments through the Online Banking Service seven days a week. You can access
the Bill Payment functions by clicking on “Pay Bills”.
a. Payment Account - Each time you make a payment using the Bill
Payment Service, you must indicate the Eligible Linked Account from which you
wish the payment to be made (the "Payment Account"). Not all accounts
can be used as Payment Accounts.
Payment Method - We will complete your payment by
transferring funds either (i) electronically from the Payment Account to the
payee; or (ii) by mailing or otherwise delivering a draft drawn on your Payment
Account payable to the payee. A "payee" is a person or business you
are paying. You can designate payees only with United States addresses. We may
refuse to accept certain parties as payees or may delete payees from our system
if you do not transfer funds to them for an extended period of time, or for any
c. Timing and Scheduling Your Payments - To allow time for the
payee to receive your payment, you must schedule the payment sufficiently in
advance to allow for processing and delivery time. The required advance time
for a particular payment is indicated within the Bill Payment Service. The day
by which the payee indicates payment is due is the "Deliver by Date".
We recommend that you do not schedule the payment to be made during a grace
period that your payee grants between the Deliver by Date and the date by which
the payment is considered late. We will not be liable for late charges,
penalties, interest, finance charges and other damages if you schedule your
payment to be paid during a grace period.
d. If Bill Payment Services makes a payment electronically,
your Payment Account will be charged on the day you designate the payment to be
made (the “Send on Date” or “Send Date”). Otherwise we will make the payment
by printing and mailing a paper check drawn on your Payment Account. You must
have available funds on deposit in the Payment Account on the Send Date for an
electronic payment to be made. Payments made by paper check will be charged to
your Payment Account when the check is presented to us. If the Payment Account
does not have sufficient available funds, we may either pay or return such check
at our sole discretion and charge you an Overdraft Fee or a Return Item Fee.
Payees may require extra time to post a payment to your account because they do
not receive a payment coupon or invoice number with the payment. Some payees
disclose the extra processing time they require to post payments that do not
include a payment coupon or invoice. Recurring payments (i) may be set up to
occur at regular intervals; and (ii) must be for the same amount each time. Any
scheduled or recurring payment request you designate that falls on a Saturday,
Sunday or a Bank holiday will be sent on the following Business Day. In this Online
Banking Agreement, the term “Business Day” means Monday through Friday,
excluding Bank holidays. Please note that we are not able to include any
documents with your payments (e.g. tax coupon).
Disconnected Online Banking Session - If you are
disconnected from the Online Banking Service before you logout, we recommend that
you log back onto the Online Banking Service to verify that the payments or
transfers you scheduled appear on your "Pending Payments". If a
scheduled payment or transfer is missing, contact us using the Secure Message
Service, or call us. Do not reissue any payment requests made during the
interrupted session unless we advise you to do so. Otherwise, a duplicate
payment could result. You authorize us to pay any duplicate payments you issue.
We will not be responsible for any payee's refusal to return any duplicate
payments issued by you.
Rejected Payment Requests - We may reject a payment request
if it appears to be fraudulent or erroneous. A payment request may also be
refused if there is any uncertainty regarding the user’s authority to conduct
the transaction, or if there is any dispute or uncertainty regarding the
ownership or control of the Payment Account.
g. No Signature Required - When a payment is requested using
the Online Banking Service, you agree that we may charge your account to make
the payment without your signature.
h. Canceling or Modifying Online Bill Payments - Unless we
have already processed a payment you have instructed us to make, you may use
the Bill Payment Service to cancel or modify a previously scheduled payment. If
you request to cancel a payment you have instructed us to make after we have
deducted the payment from the Payment Account or printed and mailed a paper check
to your payee, or you may be responsible for the payment.
13. TRANSFERS. The following types of transfers are available with the Online
Banking Service. You may instruct us to make any of these transfers
immediately, or you may schedule them to occur one time or at repeating
intervals into the future. Transfers scheduled for a future date will be
processed on the scheduled date if it is a Business Day or, if the date is a
Saturday, Sunday or Bank holiday, on the next Business Day.
a. Transfers between Eligible Linked Accounts - You may
transfer funds between Eligible Linked Accounts.
b. Transfers between Eligible Linked Accounts and Verified Accounts
- You may transfer funds between (to or from) an Eligible Linked Account and a
Verified Account (subject to limitations set forth in the Rules and Regulations
Governing First American Bank Deposit Accounts) with us and any other account
owned by you at another U.S. financial institution that supports and permits
such transfers. Such transfers settle within four Business Days. The maximum
cumulative dollar limit for such transfers is $2,000 per day and $16,000 per
Transfers from Eligible Linked Accounts to Unlinked
Accounts – You may transfer funds from your Eligible Linked Accounts to
Unlinked Accounts. You will not be able to reverse such transfers once we have
d. Transfers initiated through the Online Banking Service may
be suspended or your limits may be reduced, without notice, for any reason,
including, without limitation; (i) your Eligible Linked Account is not in good
standing; (ii) you have had an overdraft, or an item returned for insufficient
funds with respect to any account with us; (iii) you have had any prior
transfers canceled, revoked, or uncompleted due to insufficient funds, revoked
authorization, stopped payments, restricted accounts, or any similar reason; or
(iv) we suspect fraudulent activity by you or anyone else on the Eligible
TRANSACTION ALERTS AND NOTIFICATIONS. Your enrollment in the Online Banking Service permits you
to elect to receive balance alerts and notifications ("Alerts"). You
agree to provide us a valid email address so that we may send you Alerts. Alerts
are electronic notices from us that contain information about the balances in
one or more Eligible Linked Accounts at one point during a day, or when the
balance exceeds or drops below an amount you specify for an Eligible Linked
Account you have designated.
By subscribing to the Alerts feature, you acknowledge and
agree that: (i) Alerts are provided solely as a convenience; (ii) Alerts are
not a substitute for the periodic statements for your accounts or any other
notices we may send you about such accounts, without regard to the manner in
which you have chosen to receive such periodic statements or other notices; (iii)
such periodic statements and other notices remain the official records of your accounts;
and (iv) it is your ongoing obligation to promptly review periodic statements,
Customer Notices, and all other correspondence from us regarding your accounts
and other services you obtain from us and remains in full force and effect.
We may provide Alerts through one or more of: (i) a
cellular telephone; (ii) a mobile device which is enabled to receive such
alerts; or (iii) an email account that is accessed via a personal computer or
other computing device connected to the Internet. It is your responsibility to
determine that each of the service providers for the communication media described
above supports the Alerts you select. You agree that the Alerts are subject to
the terms and conditions of your agreements with your service providers and
that you are solely responsible for any fees imposed for an Alert by your
service providers. By electing Alerts delivery to a mobile or cellular device,
you agree to receive Alerts through that device. Message and data rates may be
imposed by your service provider. The frequency of Alerts delivered to your
mobile or cellular device depends upon the frequency of events triggering requested.
You acknowledge and agree that: (i) Alerts may not be
encrypted and may include personal or confidential information about you and
your transactions, such as your name and account activity or status; (ii)
Alerts may be delayed, misdirected, not delivered, or corrupted due to
circumstances or conditions affecting your service providers or other parties;
and (iii) we will not be liable for losses or damages arising from (a) any
non-delivery, delayed delivery, misdirected delivery, or corruption of an Alert,
(b) inaccurate, untimely or incomplete content in an Alert; (c) your reliance
on or use of the information provided in an Alert for any purpose, or (d) any
other circumstance beyond our control.
15. STOPPING PAYMENT ON A PAPER CHECK. You can use the Online Banking Service to place a stop
payment order for a paper check you have written on an Eligible Linked Account
or payment we have issued on your behalf through the Bill Payment Service. To
do so, you must provide us with timely, complete and accurate information
regarding the account number the item is drawn upon, the item number, and the
exact amount of the item.
HOURS OF OPERATION AND CUTOFF TIMES. The Online Banking Service is generally available to you
24 hours a day; 365/366 days a year. Your Eligible Linked Account information
is typically updated by 6:00 a.m. (Central Time) Tuesday through Friday and
8:00 p.m. (Central Time) on Saturday, except on Bank holidays.
a. Bill Payment Services - We will process your transaction
requests throughout each Business Day, Monday through Friday, except on Bank
between Eligible Linked Accounts and Verified Accounts are initiated on the
Business Day they are scheduled to occur. If the transfer
request is received before 4:00 p.m. (Central
Time). The funds may be withdrawn from
the funding account the same
Business Day and are credited as follows;
(i) if the receiving account is an Eligible
Linked Account, four (4) Business Days
later; and (ii) if the
receiving account is a Verified Account, one (1)
Business Day later.
For example, a
transfer submitted before 4:00 p.m. (Central
Time) on Monday, requesting a
transfer FROM an Eligible Linked Account TO a Verified Account, will be
withdrawn from the funding account on Monday and deposited to the receiving
account on Tuesday. However, a
transfer submitted before 4:00 p.m. (Central Time) requesting a transfer FROM
a Verified Account to an Eligible Linked Account may be withdrawn from the
Verified Account on Monday, but will not be deposited to the Eligible Linked
Account until Friday.
Once we have begun to
process a transfer
request the transfer cannot be canceled or stopped, however, we will not
deposit the funds to the receiving account if the funding account does not have
a sufficient available balance or the transfer from a
Verified Account is returned for any reason.
Transfers between Eligible Linked Accounts and, either Eligible Linked
Accounts or Unlinked Accounts, are typically processed on the Business Day
such transfers are scheduled if the transfer request is received by 9:00 p.m.
(Central Time). Once we have begun to process a transfer request, the transfer
cannot be canceled or stopped.
Transfers can be scheduled for the current Business Day, or up to one
year in the future, on a one-time or reoccurring basis. Any one-time,
future-dated or recurring transfer scheduled for a non-Business Day will be
processed on the first Business Day after the Send date.
e. Online Banking Service Unavailability - Access to the Online
Banking Service may be unavailable without notice at certain times for events
which include, but not limited to, the following: (i) scheduled and unscheduled
maintenance, and (ii) outages to Online Banking System caused by such occurrences
as natural disasters, telephone, computer or utility service outages.
17. LIMITATIONS OF LIABILITY. You agree that we shall not be responsible or liable to
you or to any other party for consequential, indirect, special, exemplary,
punitive or incidental damages arising out of the use of the Online Banking Service
even if you, we or our service providers have been specifically advised of the
possibility of such damages. Our liability to you under this Online Banking Agreement
shall be limited to correcting errors resulting from our failure to exercise
ordinary care. You acknowledge and agree that your use of the Online Banking Service
shall be at your sole risk and that the Online Banking Service is provided on
an “as is” basis. We make no representation of warranty, either express or
implied, to you as to any computer hardware, software, or equipment used in
connection with the Online Banking Service. In addition, you agree we will not
be held responsible for occurrence of, including, but not limited to, the
Your failure to provide us with timely, complete and
accurate information for any transaction;
Your failure to have enough available funds in your
account to make the payment or transfer;
Your payment or transfer would exceed the credit limit
under any credit arrangement;
Your computer, Internet connection and/or software
malfunctioned for any reason, or the transaction could not be completed due to
unavailability of Online Banking Service;
Your accounts are closed or restricted in any way;
The information supplied by you or a third party is
incorrect, incomplete, ambiguous or untimely;
You failed to follow instructions or made errors, including
You failed to provide timely authorization;
Your payee refused to accept the payment or did not
promptly credit your payment after receipt; or
j. Any third party fails to properly transmit a payment to the
k. You fail to perform any obligation you have under this Online
Banking Agreement on another agreement you have with us.
INDEMNIFICATION. In addition to other indemnification and
liability provisions elsewhere in this Online Banking Agreement or other
agreements with us, to the fullest extent allowed by law, you will hold
harmless, and will indemnify us, our officers, directors, employees and agents
from and against all losses, costs, suits, damages, claims, liabilities and
expenses (including reasonable attorney’s fees) of any sort by you, third
parties or others arising out of this Online Banking Agreement, including all
losses and expenses incurred by us arising out of your failure to report
required changes, transmission of incorrect data to us or failure to maintain
compliance with all laws, regulations and rules.
Except for those losses caused directly
by our gross negligence, you agree to indemnify and hold us, our officers,
directors, employees and agents, harmless from and against any and all losses,
costs, suits, damages, claims, liabilities and expenses (including reasonable
attorneys’ fees) arising from or related in any way to (i) Online Banking
Services; (ii) our action or inaction in accordance with or reliance upon any instructions
or information received from any person reasonably believed by us to be an
authorized representative of you or an authorized user; (iii) your breach of
any of your covenants, agreements, responsibilities, representations or
warranties under this Online Banking Agreement; and/or (iv) your breach of
applicable laws, rules or regulations.
Your obligations under this paragraph
shall survive termination of this Online Banking Agreement.
19. REPORTING UNAUTHORIZED TRANSACTIONS, CONTACTING US. If you believe your user login ID, password or personal
information has been stolen, discovered that someone has transferred or may
transfer money from your account without your permission, call us at
1-847-952-3700 or write to us at First American Bank, P.O. Box 794 Elk Grove
Village, IL 60009-0794. For questions regarding the Online Banking Service,
contact us using the Secure Message feature of the Service, or call us at
847-952-3700. Please refer to the Rules and Regulations Governing First
American Bank Deposit Accounts.
NON-USAGE OF SERVICE. We reserve the right, at our discretion, to require
re-acceptance of this Online Banking Agreement, require confirmation of user
information such as email address, require reset of security settings such as
password, discontinue any fee discounts or waivers associated with use of the Online
Banking Service, and/or terminate the Online Banking Service as it may be
amended from time to time.
21. TERMINATION OF SERVICE. You may cancel your Online Banking Service by sending us written
notice using the Secure Message Service, or by calling us. We may suspend or
terminate your Online Banking Service at any time, with or without cause and
without affecting your outstanding obligations under this Agreement. We may
immediately take this action if:
a. you breach this Online Banking Agreement or any other
agreement with us;
b. we have reason to believe that there has been or may be
unauthorized or illegal use of your account or the Online Banking Service; or
c. there are conflicting claims to the funds in your account.
SEVERABILITY. The holding of any provision of this
Online Banking Agreement as invalid, illegal, or unenforceable, in whole or in
part, shall not affect the other provisions of this Agreement, which shall
remain in full force and effect.
23. CHANGES TO THE ONLINE BANKING SERVICE OR THIS ONLINE
BANKING AGREEMENT. We may change or cancel the Online Banking Service at any
time without cause, subject to applicable laws and regulations. We may amend
(add to, delete or change) the terms of this Online Banking Agreement by
sending you notice of the amendment by email, as may be required by law. You
agree to review any amendments to this Online Banking Agreement promptly upon
receipt of such notice. Your continued use of the Online Banking Service after
the effective date of any change constitutes your agreement to such amendments
to the Online Banking Agreement.
DISPUTES. All claims, causes of action, or other
disputes concerning this Agreement shall be resolved in accordance with
procedures set forth in the Rules and Regulations Governing First American Bank
Deposit Accounts, as it may be amended form time to time.
OTHER AGREEMENTS. In addition to this Online Banking Agreement,
we and you agree to comply with the requirements of the agreements applicable
to each of your accounts, including, without limitation, the Rules and
Regulations Governing First American Bank Deposit Accounts,
as it may be amended from time to time. Your use of the Online Banking
Services is your acknowledgement that you have received such agreements and
intend to be bound by them. You should also
review all other disclosures you received when you opened your accounts with us,
including the applicable Schedule of Fees.
<-- Required By clicking the checkbox, I accept the terms of this agreement.