Online Banking Agreement

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FIRST AMERICAN BANK

ONLINE BANKING AGREEMENT

Effective March 17, 2015

 

 

1.     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.

 

3.     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).

d.     Transfer funds from your Eligible Linked Accounts to Unlinked Accounts (as hereinafter defined).

e.     Make payments on certain lines of credit, mortgages, or loans with us.

f.      Use the Bill Payment Service (as hereinafter defined) to pay merchants, institutions or individuals located in the U.S.

g.     View your account statements and images of deposit slips, deposited and paid checks electronically.

h.     Reorder checks from Deluxe® Check Printers.

i.      Request a stop payment on a check.

j.      Receive account and transaction notices and alerts electronically.

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”.

 

4.     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 U.S. mail.

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 with us.

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 otherwise.

 

6.     ACCOUNTS. We may connect the following types of accounts to the Online Banking Service.

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”).

c.     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.

 

8.     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.

a.     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 protection software.

 

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.

 

11.   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 Banking Service.

a.     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.

b.     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 similar circumstances.

 

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.

b.     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 other reason.

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).

e.     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.

f.      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 month.

c.     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 completed processing.

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 Linked Account.

 

14.   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.

a.     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.

b.     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.

c.     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.

 

16.   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 holidays.

b.     Transfers 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.

c.     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.

d.     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 following:

a.     Your failure to provide us with timely, complete and accurate information for any transaction;

b.     Your failure to have enough available funds in your account to make the payment or transfer;

c.     Your payment or transfer would exceed the credit limit under any credit arrangement;

d.     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;

e.     Your accounts are closed or restricted in any way;

f.      The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely;

g.     You failed to follow instructions or made errors, including input errors;

h.     You failed to provide timely authorization;

i.      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 intended payee;

k.     You fail to perform any obligation you have under this Online Banking Agreement on another agreement you have with us.

 

18.   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.

20.   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.

 

22.   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.

 

24.   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.

 

25.   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.