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FIRST AMERICAN BANK
ONLINE BANKING AGREEMENT
Effective November 8, 2016
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.
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.
BANKING SERVICES. The Online Banking
Service includes the services set forth below which permit you to do the
Obtain account balance
and transaction information for your Eligible Linked Accounts as hereinafter
Transfer funds between
Eligible Linked Accounts.
Transfer funds between
an Eligible Linked Account and an External 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
Reorder checks from
Deluxe® Check Printers.
Request a stop payment
on a check.
Receive account and
transaction notices and alerts electronically.
Update the contact
information we have in our records.
detail using third party services.
Exchange messages with
us using “Secure Message Service”.
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,
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
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
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 (“External Accounts”). 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.
c. Certain types of accounts held by others with
us on the condition that such accounts can be connected to the Online Banking
Service (“Unlinked Accounts”).
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.
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.
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.
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.
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
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.
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
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
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 previous
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.
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.
a. Transfers between Eligible Linked Accounts -
You may transfer funds between Eligible Linked Accounts.
b. Transfers between Eligible Linked Accounts and
External Accounts - You may transfer funds between an Eligible Linked Account
and an External Account, except that you may not transfer funds from an
External Account to a loan or line of credit you have with us. The maximum
cumulative dollar limit for such transfers is $25,000 per day and $25,000 per
d. 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.
e. 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.
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
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
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.
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
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
External 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 an External
Account, one (1) Business Day later.
c. For example, a transfer submitted before 4:00
p.m. (Central Time) on Monday, requesting a transfer FROM an Eligible Linked
Account TO an External 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 an External
Account to an Eligible Linked Account may be withdrawn from the External
Account on Monday, but will not be deposited to the Eligible Linked Account
d. 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 an External Account is
returned for any reason.
e. 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 between Eligible Linked Accounts and
Unlinked Accounts can be scheduled to occur on the current Business Day, or in
the future, on a one-time or reoccurring basis. Any funds transferred as a
result of a future-dated one-time or recurring transfer scheduled for a
non-Business Day will be available for withdrawal from the receiving account on
the scheduled date, but will be processed on the first Business Day after the
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.
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
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;
f. Your accounts are closed or restricted in any
g. The information supplied by you or a third
party is incorrect, incomplete, ambiguous or untimely;
h. You failed to follow instructions or made
errors, including input errors;
i. You failed to provide timely authorization;
j. Your payee refused to accept the payment or
did not promptly credit your payment after receipt; or
k. Any third party fails to properly transmit a
payment to the intended payee;
l. You fail to perform any obligation you have
under this Online Banking Agreement on another agreement you have with us.
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.
a. 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.
b. Your obligations under this paragraph shall
survive termination of this Online Banking Agreement.
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.
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.
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
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
c. there are conflicting claims to the funds in your
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.
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.
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.
Service Fee Schedule
Rules and Regulations Governing First American
Bank Deposit Accounts
Rev 10/28-2016 Bottom of