|
This agreement describes your rights and obligations as a user of the Online Banking Service or the Bill Payment Service (“Services”). It also describes the rights and obligations of First Eagle Bank (BANK).
Note: Please read this Agreement carefully. By pressing the ‘I Accept’ button you agree to comply with the terms and conditions of this Agreement.
Definitions
The following definitions apply in this Agreement. “Online Banking” is the Internet-based service providing access to your account(s) under the terms set forth in this Electronic Services Agreement; “Online Account” means any BANK account from which you will be conducting transactions using a Service; and “Password” is the code assigned to you by BANK for use during the initial sign-on, or the code you select after the initial sign-on, that establishes your connection to the Service. “Time of day” references are to Central Standard Time or Central Daylight Time, as applicable. “We,” “us” or “BANK” refer to First Eagle Bank, which offers the Services, and which holds the accounts accessed by the Services.
Access to Services
BANK will provide Online instructions describing how to use the Online Banking Service or Bill Payment Service. You will gain access to your Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your Access ID and your Password.
New services may be introduced for Online Banking from time to time. BANK will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
Hours of Operation
The Services are available 24 hours a day, seven days a week, except during special maintenance periods, which generally are scheduled between 11:00 p.m. Sunday night and 4:00 a.m. Monday morning. For purposes of transactions, BANK’s business days are Monday through Friday, excluding holidays as determined by BANK. The cut-off time for IPay bill payments is 2:00 p.m. CST; the cut-off time for all other Online Banking transactions is 6:00 p.m. on business days. Transactions requested after these cut-off times, or on Saturday, Sundays or holidays on which BANK chooses to remain closed, will be processed on the next business day. BANK’s business day begins at 9:00 a.m.
Use of your Security Password
You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.
If your Password has been lost or stolen
If your Password has been lost or stolen, call BANK immediately at 630-893-3800 between 9:00 a.m. and 5:00 p.m., Monday through Friday or Saturday between 9:00 a.m. and 1:00 p.m. (Central Time). Telephoning is the best way of minimizing your losses. If you believe your Password has been lost or stolen and you telephone or write us within two business days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password without your permission. If you do NOT telephone or write us within two business days after you learn of the loss or theft of your Password, and we can prove that we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.00.
Banking Transactions with Online Banking
New services may be introduced for Online banking from time to time. BANK will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
In addition to viewing account information and copies of certain checks and transactions, you may use Online Banking to conduct the following transactions:
Transfer funds among your linked checking accounts, savings accounts, money market accounts and line of credit accounts.
NOTE: Because regulations require BANK to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:
Statement Savings Account -- Transfers from a statement savings account to another account or a third party by pre-authorized, automatic, telephone or Online Banking are limited to six per month, and no more than three of the six such transfers may be made by check, draft, debit card (point of sale) or similar order made by the depositor and payable to third parties.
Money Market Account -- Transfers from a money market account to another account or a third party by pre-authorized, automatic, telephone or Online Banking are limited to six per statement cycle, and no more than three of the six such transfers may be made by check, draft, debit card (point of sale) or similar order made by the depositor and payable to third parties.
Initiate Bill Payments
The IPay Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated Online Bill Pay Account to third parties you wish to pay. If you wish to utilize the Bill Payment Service, you must request it separately on the Online Enrollment Form. If you wish to establish bill payment services after subsequent to enrolling in Online, you may do so by contacting the bank during normal business hours. First Eagle Bank has contracted with a third party vendor, iPay Technologies to provide a secure Bill Payment Service. You will be required to enroll with iPay Technologies through the internet in order to utilize the Bill Payment services. No monthly or per item charges are assessed for this service; however, special fees may apply for certain expedited and specialty transactions, as well as for overdrafts created by bill payments initiated. Full disclosures are provided in the Bill Payment enrollment Agreement. Your “Bill Pay Account” is the account for which you are viewing transactions when initiating a Bill Payment. Only an BANK checking account can be used with the Bill Payment service.
Through the Bill Payment Service, you can pay bills from your Bill Pay Account to:
Business Payees -- any business, merchant, or professional that generates a bill or invoice for products or services provided to you on your behalf and that has an address we can verify.
Individual Payees -- payments made to individuals, family or friends for non-business purposes.
The “Payment Initiation Date” is the date you enter into the IPay system when setting up a bill payment. You may set up the following types of bill payments:
Single Payments – non-fixed payments to a payee that are initiated by the user from time to time.
Recurring Payments -- payments of fixed amounts to a single payee at recurring intervals (i.e., weekly, semi-monthly, monthly, quarterly, semi-annually, or annually).
All payments you make will be deducted from the account that you designate as your Bill Pay Account on the Payment Initiation Date. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments (i.e., alimony or child support payments). Payments for these payees will be your sole responsibility if delayed or improperly processed or credited. Funds must be available in your Bill Pay Account, including overdraft lines of credit, on the scheduled Payment Initiation Date. If the Payment Initiation Date falls on a non-business day (i.e., Saturday, Sunday or holiday), funds must be available in your Bill Pay Account the following business day (i.e., Monday) or on the previous business day if you choose the “pay backward” option. After funds are withdrawn from your Bill Pay Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.
If your Bill Pay Account does not have sufficient available funds to make a payment on the Payment Initiation Date, the payment will be cancelled and no further attempt will be made by BANK to make the transfer or payment. Should this occur, you may also be responsible for overdraft charges incurred. BANK will attempt to notify you by e-mail or US. Postal Mail, but BANK shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient available funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Bill Payment Service. In the case of Recurring Payments, only the payment currently scheduled will be canceled. Recurring Payments scheduled for future dates will not be affected.
You must schedule the Payment Initiation Date at least five (5) business days before any Payment Due Date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee.
If the session during which you schedule a payment or transfer ends by 2:00 p.m. CST, BANK will be considered to have received it on that day. Otherwise, it will be considered received the following business day. For all entries made using the service, the time is recorded by the Online Banking service controls. The way to cancel or change a payment is to use the Bill Payment Service. Payments must be changed or canceled using the Bill Payment Service prior 2:00 p.m. CST on the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we will charge you a stop payment fee to stop the bill payment. Stop payment orders, whether oral, written, or electronic, will be in effect for a period of six months. If requested by BANK, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed to remain in effect. BANK may pay any item that is presented following the lapse of any stop payment order.
BANK is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. BANK will not be liable in any way for delays in mail delivery, for changes to the payee’s address or account number (unless you have advised us of the change sufficiently in advance), for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of BANK.
Statements
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify BANK immediately by calling us at 630-893-3800 between 9:00 a.m. and 5:00 p.m., Monday through Friday or between 9:00 a.m. and 1:00 p.m. on Saturday (Central Time), or writing BANK at:
First Eagle Bank
Attention: Internet Customer Service
1040 E. Lake Street
Hanover Park, Illinois 60133
If you do not notify BANK within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if BANK had been notified in time. If a good reason is reasonably determined by BANK (such as a long trip or hospital stay) delayed you from contacting BANK, BANK, at its option, may extend these time periods.
Errors and Questions
In case of errors or questions regarding an Online Banking or Bill Payment transaction, call BANK at
630-893-3800, or write us at:
First Eagle Bank
Attention: Internet Customer Service
1040 E. Lake Street
Hanover Park, Illinois 60133
We must hear from you at the specified telephone number or address no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. We will need to know your name, account number, a description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information. We will also need the dollar amount of the suspected error and the date on which it occurred.
If the report is made orally, we may require that you send the complaint or question in writing within ten (10) business days from your initial contact. We will notify you with the results of the investigation within ten (10) business days and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation.
If your complaint or question is not received in writing within ten (10) business days from your original contact, we may not credit your account until the investigation is completed. If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
Limit of BANK and Other Providers Responsibility
BANK agrees to make reasonable efforts to ensure full performance of Online Banking. BANK will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under its control which may affect the accuracy or timeliness of messages you send. BANK is not responsible for any losses should you give incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
Any information you receive from BANK or Other Information Providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. BANK is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
Neither BANK nor Other Information Providers is responsible for any computer virus or related problems which may be attributable to services provided by any Access Service Provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. BANK will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of BANK’s liability shall be as expressly set forth herein. Under no circumstances will BANK be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
BANK’s Responsibility
BANK will be responsible for your actual losses if they were directly caused by our failure to:
- Complete an Electronic Funds Transfer as properly requested.
- Cancel an Electronic Funds Transfer as properly requested.
However, we will not be responsible for your losses if:
- Through no fault of BANK, you do not have enough money in your account to make the transfer.
- Through no fault of BANK, the transaction would have caused you to exceed your available credit.
- Circumstances beyond our control (i.e., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
- There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
- Your funds are subject to legal process or other encumbrance restricting the transfer.
- Your transfer authorization terminates by operation of law.
- You believe someone has accessed your accounts without your permission and you fail to notify immediately.
- You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
- We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
- We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, or any other agreement with us, or if you or we terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
Electronic Mail
E-mail is not necessarily secure against interception. If your communication is very sensitive, or includes personal information such as your account numbers or social security number, we urge you to call us or send it by U.S. mail instead.
If you send BANK an electronic mail message, BANK will be deemed to have received it on the following business day. BANK will have a reasonable time to act on your e-mail. You should not rely on electronic mail if you need to communicate with BANK immediately.
You agree that BANK may respond to you by electronic mail with regard to any non-personal matter related to the Service. Any such electronic mail sent to you by BANK shall be considered received within three (3) days of the date sent by BANK, regardless of whether or not you sign on to the Service within that time frame.
Other Agreements
In addition to this Agreement, you and BANK agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at BANK, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct the fees related to this Service from your Bill Pay Account each month.
Modifications to this Agreement
BANK may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
Disclosure of information to third parties
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers.
- To verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
- To comply with government or court orders, or other reporting requirements.
- If you give us your written permission, to affiliated or other non-affiliated companies.
Information concerning your account history with BANK will be shared within the BANK organization. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within the organization.
Inactivity / Termination
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Online Banking privileges (including the Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive ninety (90) day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service. To cancel the Online Banking and/or Bill Payment Service, you must notify BANK and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, any pre-scheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle.
You may notify BANK by one of the following methods:
- By initiating a customer inquiry through our Web site.
- By calling 630-893-3800, between 9:00 a.m. and 5:00 p.m., Monday through Friday or Saturday between 9:00 a.m. and 1:00 p.m. (Central Time)
- By writing a letter and either sending it to the following address or giving it to a Relationship Banker:
First Eagle Bank
Attention: Internet Customer Service
1040 E. Lake Street
Hanover Park, Illinois 60133
Governing Law
This Agreement is governed by the laws of the State of Illinois and applicable federal law.
Fee Schedule
First Eagle Bank offers the benefits and convenience of the Online banking service and the IPay Bill Payment service to you free of charge. Account research and stop payment charges will be assessed at the rates published in the First Eagle Bank Service and Account Fee Schedule. These fees are subject to change. First Eagle Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.
I Accept I Do Not Accept
|
First Eagle Online Banking Application
