ELECTRONIC SERVICES AGREEMENT
PREMIER BANK
This Agreement describes your rights and obligations as a user of the On-line Banking Service or the Bill Payment Service ("Services"). It also describes the rights and obligations of Premier Bank. Please read this Agreement carefully.
Note: In order to set up your Premier Bank Online account you must contact a customer service agent at 847-920-1400.
Definitions
The following definitions apply in this Agreement. "On-line Banking" is the Internet-based service providing access to your account(s) under the terms set forth in this Electronic Services Agreement; "On-line Account" means any Premier Bank account from which you will be conducting transactions using a Service; and "Password" is the code sent to you by Premier 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 "Premier" refer to Premier Bank, which offers the Services, and which holds the accounts accessed by the Services.
Access to Services
Premier Bank will provide on-line instructions describing how to use the On-line Banking Service or Bill Payment Service. You will gain access to your On-line Accounts through the use of your Internet-enabled device, your Internet Service Provider, your User Code, and your Password.
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, Premier Bank's business days are Monday through Friday, excluding holidays as determined by Premier Bank. All On-line Banking transaction requests received after 4:00 p.m. on business days, and all transactions which are requested on Saturdays, Sundays or holidays on which Premier Bank chooses to remain closed, will be processed on the next Premier Bank business day. Premier Bank's business day begins at 8:30 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 Premier Bank immediately at 847-920-1400, 8:30 a.m. to 6:00 p.m. (Central Time). Telephoning Premier Bank 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 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 On-line Banking
In addition to viewing account information, you may use On-line 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 Premier Bank to limit pre-authorized transfers (including On-line Banking transfers), the following limitations apply:
- Statement Savings Account -- You can make no more than six transfers per statement period by pre-authorized or automatic transfer, or by Telephone or On-line Banking.
- Money Market Savings Account -- You can make no more than six transfers per statement period by pre-authorized or automatic transfer, or by Telephone or On-line Banking, and no more than three of these may be by check, draft or debit card.
Initiate bill payments.
New services may be introduced for On-line Banking from time to time. Premier 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.
The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated on-line Bill Pay Account to third parties you wish to pay. If you choose to utilize the Bill Payment Service, you may begin initiating payments two weeks following receipt of your On-line Banking User Code and Password. Your "Bill Pay Account" is the account for which you are viewing transactions when initiating a Bill Payment.
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 On-line Banking when setting up a bill payment. You may set up the following types of bill payments:
- Single Payments -- a payment to be made to a payee one time
- Recurring Payments -- payments of fixed amounts to a single payee at recurring intervals (e.g., 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 (e.g., 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 (e.g., Monday). 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 Initiation Date, the payment will remain in effect until funds become available. Premier Bank will attempt to notify you by e-mail or U.S. Postal Mail, but Premier 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 4:00 p.m., Premier 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 recorded by the On-line 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 to 4:00 p.m. 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 Premier Bank, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed to continue in effect. Premier Bank may pay any item that is presented following the lapse of any stop payment order.
Premier Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. Premier 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 Premier Bank.
Bill Payment Guarantee
We will reimburse you for any late payment fees or penalties you are charged up to a maximum of $50.00 per scheduled payment, as a result of the failure of a Business Payee to receive a payment made through the Bill Payment Service by the bill's actual due date to the extent that the Bank has not refused the transaction if the Bank reasonably believed such refusal is necessary for security reasons, if you meet each of the following conditions:
1. You must properly schedule the payment to be initiated on a date at least five (5) business days prior to the bill's actual due date. This means that you must initiate a Single Payment before 4:00 p.m. Central Standard Time on a business day at least five (5) days prior to the bill's actual due date. For Recurring Payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of business days between the recurring Payment Initiation Date and the bill's actual due date.
2. You must provide us with the correct Payee name, address, phone number and account information, and with the correct payment amount.
3. On the Payment Initiation Date your checking account must contain sufficient available funds, including overdraft lines of credit, to complete the payment.
4. The late payment fee or penalty, or the method of its calculation, must be published by the payee prior to the bill's actual due date.
5. The Payee must be a Business Payee.
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 Premier Bank immediately by calling us at 847-920-1400, 8:30 a.m. to 6:00 p.m. (Central Time), or writing Premier Bank at:
Premier Bank
Attention: Internet Customer Service
1210 Central Avenue
Wilmette, Illinois 60091
If you do Not notify Premier 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 Premier Bank had been notified in time. If a good reason as reasonably determined by Premier Bank (such as a long trip or hospital stay) delayed you from contacting Premier Bank, Premier Bank, at its option, may extend these time periods.
Errors and questions
In case of errors or questions regarding an On-line Banking or Bill Payment transaction, call Premier Bank at 847-920-1400, or write us at:
Premier Bank
Attention: Internet Customer Service
1210 Central Avenue
Wilmette, Illinois 60091
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:
1. Your name and account number (if any)
2. 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
3. The dollar amount of the suspected error
4. 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.
You agree that Premier Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by Premier Bank shall be considered received within three (3) days of the date sent by Premier Bank, regardless of whether or not you sign on to the Service within that time frame.
Limit of Premier Bank and Other Providers Responsibility
Premier Bank agrees to make reasonable efforts to ensure full performance of On-line Banking. Premier Bank will be responsible for acting only on those instructions sent through On-line 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. Premier 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 Premier 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. Premier 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 Premier Bank nor Other Information Providers is responsible for any computer virus or related problems which may be attributable to services provide by any Access Service Provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing On-line Banking. Premier Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of Premier Bank's liability shall be as expressly set forth herein. Under no circumstances will Premier 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.
Premier Bank's Responsibility
Premier 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 Premier Bank, you do not have enough money in your account to make the transfer through no fault of Premier Bank, the transaction would have caused you to exceed your available credit Circumstances beyond our control (e.g., 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
- If you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us
- If we or you 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
If you send Premier Bank an electronic mail message, Premier Bank will be deemed to have received it on the following business day. Premier 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 Premier Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).
You agree that Premier Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Premier Bank shall be considered received within three (3) days of the date sent by Premier 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 Premier Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your On-line Accounts. Your use of the On-line 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 Premier 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
Premier 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:
1. Where it is necessary for completing transfers
2. To verify the existence and condition of your account for a third party, such as a credit bureau or merchant
3. To comply with government or court orders, or other reporting requirements
4. If you give us your written permission
5. To affiliated companies.
Information concerning your account history with Premier Bank will be shared within the Premier 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 On-line 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 On-line Banking and/or Bill Payment Service, you must notify Premier Bank and provide your name; address; whether you are discontinuing On-line 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 On-line 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 Premier Bank by one of the following methods:
1. 1.By initiating a customer inquiry through our Web site
2. 2.By calling 847-920-1400, 8:30 a.m. to 6:00 p.m. Central Time
3. 3.By writing a letter and either sending it to the following address or giving it to a Personal Banker at any location:
Premier Bank
Attention: Internet Customer Service
1210 Central Avenue
Wilmette, Illinois 60091
Governing Law
This Agreement is governed by the laws of the State of Illinois and applicable federal law.
Fee Schedule
Premier Bank offers the benefits and convenience of the On-line Banking service to you free.
