|
BUSINESS INTERNET
BANKING AGREEMENT AND DISCLOSURE
Please read these terms and conditions very carefully.
By signing the Internet Banking
Enrollment form, you accept all the terms and conditions of this
Agreement.
Agreement
This Internet Banking Agreement and Disclosure Statement
(“Agreement”) governs your use of our Internet Banking Service that
permits you and your authorized personnel to access your account(s)
with the BANK (as defined below) through the use of the Internet.
Also included in this document are the regulatory disclosures
applicable to this Service. The BANK will control access through
the use of user IDs and passwords. Anyone with knowledge of user
IDs and passwords will be able to access your ACCOUNT(s). The BANK
shall not be liable for any loss or damage resulting from a
company’s failure to secure user IDs and passwords from unauthorized
company personnel.
Definitions
You or Your – means the account
holder signing the Internet Banking Enrollment form and authorized
by the BANK use the system service under this Agreement as well as
any joint account holders and/or anyone else authorized by that
account holder to exercise control over the account holder’s funds
through the system service.
WE, US,
OUR or BANK – means First Place Bank or Franklin Bank, a
division of First Place Bank and any agent, independent
contractor, designee, or assignee First Place Bank or
Franklin Bank, a division of First Place Bank may involve in the
providing of Internet Banking Service.
ACCOUNT means your
accounts maintained at
the BANK.
BUSINESS DAY - Any
calendar day other than Saturday, Sunday, or any holidays recognized
by the BANK. Bill payments are processed on all business days that
both the Federal Reserve Bank and the U.S. Postal System are
operating and open for business.
BUSINESS DAY CUT-OFF (or “CUT-OFF TIME”) –
The BANK bases our business day on the Eastern Standard time. For
posting purposes, we will process all transactions completed by 7
p.m. on that business day. Transactions completed after 7 p.m. will
be processed on the following business day.
ELECTRONIC FUNDS TRANSFERS
- include deposits to, withdrawals from, or transfers between your
accounts, which are not originated by check, draft, or similar paper
instrument. Electronic transfers include those made through a
computer. If we authorize your account(s) for electronic transfers
through the Internet Banking Service, you have certain rights and
responsibilities under the Electronic Funds Transfer Act (EFT),
which are further detailed in this Agreement.
PAYEE - means the person
or entity to whom you wish a bill payment to be directed.
PAYMENT INSTRUCTION -
means the information provided by you to us for a bill payment to be
made to the Payee (such as, but not limited to, payee name, payee
account number, and Scheduled Date).
PAY
FROM ACCOUNT - means your
checking account from which a bill payment will be made.
SCHEDULE DATE - means the
business day of your choice upon which your bill payment will begin
processing (a Scheduled Date of a non-business day be considered to
be the previous business day).
SERVICE (SYSTEM SERVICE, or SYSTEM)
- means the service provided pursuant to this Agreement, including
the Bill Payment Service.
Privacy Statement - WE
understand how important privacy is to OUR customers. WE have taken
steps to protect the security and privacy of your personal
information and your financial transactions with US. You should read
OUR privacy statement before completing enrollment for OUR Internet
Banking Service. OUR customer privacy statement can be obtained
directly from OUR website.
Internet Security Information
OUR Internet Banking Service utilizes
a comprehensive security strategy to protect your ACCOUNT(s) and
transactions conducted over the Internet. What this means to you is
your communications are scrambled from your browser to OUR servers
at all times so no unauthorized party can read the information as it
is carried over the Internet. Data transferred via the SYSTEM is
encrypted in an effort to provide transmission security and the
SYSTEM utilizes identification technology to verify the sender and
receiver of the SYSTEM transmissions can be appropriately identified
by each other. To protect OUR customer information, WE have
established the following security standards:
v
Use of Internet
Explorer 5.0 (or greater) or Netscape Communicator 4.72 (or greater)
with 128 bit encryption. OUR Internet Banking system services will
not operate unless you use a browser with 128 bit encryption. You
can download these browsers from:
http://www.microsoft.com/downloads or
http://home.netscape.com/computing/download.
v
If no action is taken
for 10 minutes while logged onto Internet Banking, you will be
automatically logged off.
v
WE have contracted a
third party vendor to monitor OUR network on a 24 hour, 7 days a
week basis to detect any unauthorized traffic on OUR network.
One of the main security features
guarding the use of the Internet Banking Service is the combination
of your login access code and password. You determine what password
you will use and the identity of your password is not communicated
to us. The access code and password identifies the user as someone
authorized to conduct transactions and validates the user’s
directions. Access codes and passwords must be greater than six (6)
characters in length and the password must have at least one number
and one letter. It is important that you keep your password
secret. WE will not be liable for any losses resulting from you
permitting other persons to use your access code and password to
access the SYSTEM. As a security precaution, you agree to change
your password regularly. Upon three
unsuccessful attempts to use your password, your access to the
SYSTEM will be suspended for 30 minutes. If you fail three (3)
times after the 30 minute period, your access to the SYSTEM will be
revoked. To reestablish your authorization to use the SYSTEM, you
must contact US to obtain a new temporary password. Because your
password is used to access your ACCOUNT(s), you should treat it as
you would any other sensitive personal data. Keep your password
safe. Memorize your password and never tell it to anyone. You
understand the importance of your role in preventing misuse of your
ACCOUNT(s) through the SYSTEM and you agree to promptly examine your
paper statement for each of your BANK ACCOUNT(s) as soon as you
receive it. You agree to protect the confidentiality of your
ACCOUNT and ACCOUNT number, and your personal identification
information, such as your driver’s license number and social
security number. You understand that personal identification
information by itself, or together with information related to your
ACCOUNT, may allow unauthorized access to your ACCOUNT(s). Your
access code and password are intended to provide security against
unauthorized entry and access to your ACCOUNT(s).
Access -
To use the
Internet Banking Service, you must have at least one ACCOUNT at the
Bank, access to an Internet service provider and an e-mail address.
Once WE have received your authorized Agreement, WE will provide you
access to the SERVICE Access to your ACCOUNT(s) through the SYSTEM
will be based upon the identification of users and authority levels
specified by you in this Agreement. If the ACCOUNTS added to the
SERVICE are jointly held or have multiple signers, you agree that
access to the information and all transactions initiated by the use
of your access code and password are authorized unless WE have been
notified to cancel the SERVICE. WE undertake no obligation to
monitor transactions through the SYSTEM to determine that they are
made on your behalf.
You may
request Internet access to any ACCOUNT for which you are a signer or
owner. By using the Internet Banking Service, you agree to keep
sufficient balances in any ACCOUNT to cover any transaction and fees
that are ultimately approved by or related to the ACCOUNTS.
Hours of Access
- You can use the SYSTEM seven days a
week, twenty-four hours a day, although some or all of the SERVICE
may not be available occasionally due to emergency or scheduled
SYSTEM maintenance. WE agree to post notice of any extended periods
of non-availability on the OUR web site.
SYSTEM SERVICES
– You can use the SYSTEM to check the balance of your BANK ACCOUNT(s),
view BANK ACCOUNT histories, transfer funds between your BANK
ACCOUNTS, make stop payment as well as pay bills from your BANK
ACCOUNT(s) in the amounts and on the dates you request if you have
enrolled for the Bill Payment Service.
Transfer Limitations -
According to current federal regulations, you may not make more than
six (6) pre-authorized transfers, electronic transactions or bill
payments from your money market deposit ACCOUNT or savings ACCOUNT
during a given monthly statement period. Transfers authorized by
telephone or personal computer are counted toward the six total
permitted monthly transfers or withdrawals. Regulations currently
place no limits on the number of transfers or bill payments from
your checking ACCOUNT(s); therefore the BANK currently limits the
Bill Payment service to only checking accounts. If you exceed
the maximum number of allowable transactions on any savings ACCOUNT,
WE will take such steps as WE reasonably deem necessary to ensure
your future compliance with allowable transfer limits, including
terminating your Internet banking or telephone banking services.
Balances shown for your ACCOUNT(s) may include deposits subject to
verification by us. The balance may also differ from your records
due to deposits in progress, outstanding checks or other
withdrawals, payments or charges. A transfer request may not result
in immediate availability because of the time required to process
the request. The transfer request must be made before the CUT-OFF
time to be available for bill pay on the same business day. There
may be situations that cause a delay in an update of your balances.
The SERVICE will use the most current balance available at the time
of a transaction on which to base OUR approval for bill pays and
ACCOUNT transfers.
Stop Payment Requests -
If you have chosen to use the Stop
Pay service you agree that stop payment orders or cancellations
initiated through the Internet will be handled as provided in the
terms and conditions of any deposit and/or loan accounts which you
have chosen to be accessible through this SERVICE. No written
confirmation to the BANK of stop payment orders or cancellations
placed is necessary. Before placing stop payment requests, you are
responsible for verifying nonpayment of the item. You are
responsible for verifying that stop payment orders and cancellations
are entered correctly.
Bill Payment Services
– If you have enrolled for Bill Payment Service, the following
section applies:
Using Bill Payment Service
– To use the Bill Payment Service, you must provide information
online to US that identify your payees. You must provide sufficient
information about a PAYEE to permit US to properly direct a payment
and permit the PAYEE upon receipt of a payment to identify you as
the payment source. You do this by filling in all required fields
with accurate information as directed by the Bill Payment Service
screen messages. By providing US with the names and account
information of those payees to whom you wish to direct payment, you
authorize US to follow the PAYMENT INSTRUCTIONS that WE receive
through the payment system. When WE receive a PAYMENT INSTRUCTION,
you authorize US to debit your pay from ACCOUNT and remit funds to
the PAYEE on your behalf. By using this SERVICE, you authorize us,
and any third-party payment-processing agent WE may use, to choose
the method to process your transaction.
Types of Bill Payments:
Single Payment -
You may schedule a payment to be made
one time to a PAYEE. The payment may be scheduled on a future date
or on the same day that you enter the PAYMENT INSTRUCTION provided
you enter the PAYMENT INSTRUCTION by the CUTOFF-TIME.
Recurring Payment
- You may schedule payments to PAYEES to be automatically initiated
in a fixed amount on regular intervals. If the scheduled payment
date does not exist in a certain month, then the payment will be
initiated on the last BUSINESS DAY of the month. For example, if
you schedule a payment for the 30th of each month, your payment for
the month of February will be initiated on or before February 28th.
You will be provided a reference
number for each payment you schedule using the Bill Payment Service.
The reference number will help US resolve any questions you may have
concerning your transactions. WE will process all payments to
payees that have a U.S. Postal address. Due to liability
issues, WE will not accept payments to payees located outside the
United States. Otherwise, there are no restrictions on whom you
pay or how many payees you may establish. You agree that each
transfer you request US to make is a legal transaction under the
laws of the United States of America, the laws of the state of Ohio,
the laws of the jurisdiction where you reside, the laws of the
jurisdiction where you initiate the request, and the laws of the
jurisdiction where the PAYEE resides or does business.
Your
available (collected) balance in your checking ACCOUNT will govern
the daily dollar limit for all of your bill payments. You can
withdraw up to the SYSTEM available balance as long as your ACCOUNT
shows sufficient funds to cover your payments. The payment will
normally be charged to your ACCOUNT on the scheduled payment date or
the previous BUSINESS DAY if the scheduled payment falls on a
non-business day. If for any reason a scheduled payment processed
through the SYSTEM is declined, it will automatically be rescheduled
for the following business day. If your ACCOUNT does not have
sufficient funds to issue the scheduled payment, the SYSTEM will
hold the item as a presentment until there are sufficient funds for
the transaction.
Bill Payment Processing
– You understand and agree due to circumstances beyond OUR control,
particularly delays in handling and posting payments by slow
responding payees or financial institutions, some transactions may
take a day or even a few days longer to be credited by your PAYEE to
your PAYEE account. For this reason, it is necessary that all
scheduled dates selected by you be no less than seven (7)
business days before the bill’s actual due date, not the late date
and/or a date in the grace period. PAYMENT INSTRUCTIONS entered
after the CUT-OFF TIME or on non-business days will be considered
entered in the Bill Payment Service on the next BUSINESS DAY. 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 date and the bill’s
actual due date.
OUR Liability for Failure to
Make Payments, Transfers -
It is OUR responsibility to process
all bill payments and ACCOUNT transfers properly initiated through
the Internet Banking Service in accordance with this Agreement. WE
will be liable for damages, as specified below where the SYSTEM
caused a payment delay or failed to process a payment to be received
by the PAYEE by the seventh (7th) BUSINESS DAY following
the date your ACCOUNT was charged for the payment.
WE will
not be liable if any of the following occurs:
1.
If you do not have enough money in your ACCOUNT to make the
bill payment or transfer, or if the ACCOUNT has been closed. Your
ACCOUNT must have sufficient collected funds to make the requested
transfer. Certain deposits and balance transfers from other ACCOUNTS
may not be immediately available for bill payment. The amount of
available funds will be calculated in accordance with OUR Funds
Availability Policy, provided to you separately when your ACCOUNT
was opened.
2.
If the payment or transfer would go over the credit limit on
your overdraft line of credit, or if the overdraft line of credit
has been closed.
3.
If your computer, software, or telecommunication lines were
not working properly or were temporarily unavailable, and this
problem should have been apparent to you when you attempted the
transfer or bill payment.
4. If you had knowledge of or
questions about the possible malfunction of OUR system when you
initiated the transaction.
5. If circumstances beyond OUR
control such as natural disasters (fire, flood, tornado, etc.) or
other uncontrollable circumstances (mail delays, telecommunication
outages, power failures, etc.) prevent proper completion and
delivery of transactions despite reasonable precautions that WE have
taken.
6. If you or any third party
provides incomplete or inaccurate information to US regarding the
ACCOUNT or transaction.
7. If it can be shown that the
PAYEE received the payment within the normal delivery timeframe and
failed to process the payment through no fault of OUR SERVICE
providers or ours.
8. If your ACCOUNT has been tied up
by legal proceedings (court order, garnishment), or frozen by US in
accordance with OUR ACCOUNT agreement or other actions that prevent
US from making a payment or transfer or your ACCOUNT has been
closed.
9. If WE have reasonable basis for
believing that unauthorized use of your access code, or password or
designated ACCOUNT has occurred or may be occurring.
10. If you default under the terms of
this Agreement, or any other legal agreement with us.
11. If either party terminates this
Agreement.
12. If you have not followed the
terms of this Agreement or instructions regarding how to make an
ELECTRONIC FUNDS TRANSFER.
13. If your access code or password
has been reported lost or stolen.
14. If you or any other joint owner
or authorized party has requested that WE stop payment or
transfer.
If you properly follow the procedures
described herein, and WE fail to send a payment according to the
PAYMENT INSTRUCTIONS received, WE will bear responsibility for late
charges up to a maximum of $50.00 per scheduled payment if all
of the following apply:
1. If you schedule the payment to be
sent on a scheduled payment date at least seven (7) business days
prior to the due date.
2. If correct information was
provided to US about the PAYEE (name, address, account number and
amount).
3. If your ACCOUNT had sufficient
collected and available funds to complete the payment or transfer on
the scheduled payment date.
4. If the PAYEE was a business
payee.
5. If the PAYEE assessed late
payment fees or penalties due to the delay of this payment.
6.
If you did not receive notice from us, OUR SERVICE provider,
or the PAYEE prior to your scheduled payment which would have
alerted you to a problem processing your payments from OUR system.
In any other event, the risk of
incurring and the responsibility for paying any and all late charges
or penalties shall be borne by 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,
special, or consequential damages. There may be other exceptions
stated in OUR deposit account agreements with you.
Bill Payment Cut-off
Times – A bill payment is
“in process” starting at the CUT-OFF TIME on the SCHEDULED DATE and
continuing up to the next BUSINESS DAY after the SCHEDULED DATE. A
bill payment is a “pending payment” starting from the time you enter
payment instructions until the payment is “in process”. A bill
payment is considered “completed” on the next BUSINESS DAY after the
SCHEDULED DATE. You may cancel or edit any pending payment
(including recurring payments) by following the directions within
the SERVICE. There is no charge for canceling or editing a pending
payment. To cancel a transaction “in process”, a stop payment fee
will be charged to you account. Once your scheduled bill payment is
“in process”, WE have contracted with a third party to remit your
payment to your PAYEE by any one of the following means, at their
discretion: (1) by ELECTRONIC FUNDS TRANSFER; (2) by mailing your
PAYEE a check; or (3) by other means. The debit from your pay from
ACCOUNT will occur during night processing of the SCHEDULED DATE.
Statements
– All of your payments made through the Bill Payment Service will
appear on your monthly account statement(s). You will not receive a
separate periodic Internet banking statement. You may also view
payment activity on the Transaction Account Activity screen.
Fees and Charges
– Internet Banking Service is available to OUR customers at no
monthly charge for all ACCOUNT information services and transfers,
with the exception of the Bill Payment Service. Bill Payment
Services is an optional SERVICE available only for checking account
customers and you must specifically request to have this SERVICE
added. If you have a checking account and subscribe to the Bill
Payment Service, you agree to pay the BANK a SERVICE fee of $5.95
each month plus an additional transaction fee of $0.30 for eachbill
payment transaction over 10 per month for using the Bill Payment
Service. You authorize the BANK to deduct the Bill Payment Service
fee from the checking account you designate. This fee is in
addition to regular transaction fees that may be in effect for your
BANK ACCOUNT(s). If WE pay a bill that overdraws your account, you
agree to pay US the amount of the overdraft together with any fee
immediately upon demand, whether or not you signed or requested the
withdrawal or participated in the transaction creating the overdraft
or received any benefit from the withdrawal creating the overdraft.
Unless the collection of such cost is prohibited by the laws of your
state, you agree to pay all costs and expenses, including attorneys’
fees, incurred by US in the collection of any overdraft. In
addition, you will be responsible for paying any telephone company
or utility charges and/or Internet access service fees incurred
while using telephone lines and/or Internet access services to
connect with OUR Internet Banking Service.
Cancellation of Internet Banking -
Your Internet Banking Service may be
canceled at any time by US in whole or part without prior notice due
to insufficient funds in one of your accounts or other circumstances
that may create an unanticipated liability to us. You will remain
responsible for all transactions approved by the SYSTEM prior to the
cancellation, and for any other fees associated with the SERVICE.
After cancellation, SERVICE may be reinstated once sufficient funds
are available in your ACCOUNTS to cover any fees and other pending
transfers or debits.
Canceling Bill Payment
Service – You may cancel
your use of Bill Payment Service by writing to:
First Place Bank
Internet Banking
Customer Support
185 East Market
Street
Warren, Ohio 44481
OR
Franklin Bank
Internet Banking
Customer Support
24725 West Twelve
Mile Road
Southfield, MI 48034
When you cancel the Bill
Payment Service, all pending payments will automatically be canceled
by US on your behalf and you will be responsible for paying your
bills by other means. You will not receive a refund of any SERVICE
fee if you cancel. The BANK may cancel or suspend the Bill Payment
Service, in whole or in part, at any time without prior notice.
Cancellation or suspension shall not affect your liability or
obligations under this Agreement.
Address Changes
- You agree to promptly notify the BANK of any address change,
electronic mail address change, and/or any change to your telephone
number.
PAYEE Limitation
- For security reasons, WE reserve the right to refuse to pay any
PAYEE to whom you may direct a payment. WE will notify you promptly
if WE decide to refuse to pay a PAYEE designated by you. This
notification is not required, however, if you attempt to make a
prohibited payment under this Agreement.
Canceling or Changing Payments or Transfers -
To stop recurring or pending bill
payments and transfers, you must log in and make edits to pending
payments and transfers. You must make edits before OUR CUT-OFF time
of 7 p.m. for any payments and transfers scheduled to be processed
that BUSINESS DAY. Up to that time, you may go into any pending
payment and revise the amount or payment information. You cannot
cancel or edit a transfer once it has been approved, unless it has
been prescheduled - in which case you have until OUR CUT-OFF time of
7 p.m. to cancel or edit the transfer instruction. If you
accidentally transferred funds, simply schedule another transfer to
move funds back to the original ACCOUNT. Once processed, you cannot
edit bill payments that are issued to payees electronically. If you
need to issue a stop payment on a bill payment, contact US as soon
as possible. WE may provide you directions so that you can make the
appropriate payment or transfer edits. If you contact US verbally,
WE may request that you put your request in writing.
Although payments may be scheduled for the current BUSINESS DAY or
any date in the future at any time, they will only be processed once
a day before OUR CUT-OFF time 7 p.m. on any BUSINESS DAY. If
you attempt to schedule a payment for that day after 7 p.m. you will
need to change the date to the next BUSINESS DAY. Anything scheduled
on a non-business day, or after the CUT-OFF time, will not be sent
out until the following BUSINESS DAY
Notice of your Rights and
Liabilities under the Electronic Funds Transfer (EFT) Act
- The EFT Act provides you with certain rights and responsibilities
with respect to electronic fund transfers via OUR Internet Banking
Service. Your rights and responsibilities in the event of an
unauthorized bill payment or unauthorized ACCOUNT transfer are
disclosed below. Please read the following EFT disclosures
carefully.
Your Liability for Unauthorized
Transfers – CONTACT US AT
ONCE if you believe your password has been lost, stolen, used
without your authorization, or otherwise compromised, or if someone
has transferred or may transfer money from your ACCOUNTS without
your permission. An immediate telephone call to US is the best way
to reduce any possible losses. If you contact US within two (2)
BUSINESS DAYS after you learn of the loss, theft, compromise, or
unauthorized use of your password, you can lose no more than $50 if
someone used your password without your permission. If you do NOT
contact US within 2 business days after you learn of the loss,
theft, compromise, or unauthorized use of your password, and WE can
prove that WE could have stopped someone from using your password to
access your ACCOUNT(s) if you had told us, you could lose as much as
$500.
Also, if your monthly checking
statement shows transfers that you did not make, contact US at
once. If you do not tell US within 60 days after the statement was
sent to you, you may not get back any money you lost through such
transactions if WE can prove that WE could have stopped someone from
taking the money if you had told US in time. If a good reason (such
as a long trip or hospital stay) kept you from contacting us, WE may
extend the time periods to a reasonable time.
Errors and Questions -
Contact US as soon as you can if you think your paper statement is
wrong, or if you need more information about a transfer listed on
your paper statement. You must contact US no later than 60 days
after WE sent the first checking statement upon which the problem or
error appeared. When you contact us:
1.
Tell US your name and ACCOUNT number.
2.
Describe the error or transfer you are unsure about, and
explain as clearly as you can why you believe it is an error, or why
you need more information.
3.
Tell US the dollar amount of the suspected error.
4.
If the suspected error relates to a bill payment made via the
Bill Payment Service, tell US the ACCOUNT number used to pay the
bill, PAYEE name, the date the payment was sent, payment amount, ID
number, and the PAYEE account number for the payment in question.
(This information appears on the Bill Payment Edit Payment screen.)
If you contact US by telephone or by
e-mail, WE may require that you send US your complaint or question
in the written form by postal mail, fax or secure e-mail within 10
business days. WE will communicate to you the results of our
investigation within 10 business days after you contact US and WE
will correct any error promptly. If WE need more time, however, WE
may take up to 45 days to investigate your complaint or question.
If WE decide to do this, WE will provisionally credit your ACCOUNT
within 10 business days for the amount you think is in error, so
that you will have the use of the money during the time it takes US
to complete OUR investigation. If WE ask you to put your complaint
or question in writing and WE DO NOT receive it in the form of a
paper writing within 10 business days, WE may not provisionally
credit your ACCOUNT.
If WE decide that there was no error,
WE will send you a written explanation within three (3) business
days after WE finish OUR investigation. You may ask for copies of
the documents that WE used in OUR investigation. If WE have made a
provisional credit, a corresponding debit will be made from your
ACCOUNT.
Overdrafts (Order of Payments,
Transfers and other Withdrawals)
– If your ACCOUNT has insufficient funds to perform all electronic
fund transfers you have requested for a given business day, then:
1.
ELECTRONIC FUNDS TRANSFERS involving currency disbursements,
like ATM withdrawals, will have priority. ELECTRONIC FUNDS
TRANSFERS initiated through the SYSTEM that would result in an
overdraft of your ACCOUNT may, at OUR discretion, be cancelled.
2.
In the event the ELECTRONIC FUNDS TRANSFERS initiated through
the SYSTEM that would result in an overdraft of your ACCOUNT are not
cancelled, overdraft charges may be assessed pursuant to the terms
of the deposit agreement for that ACCOUNT.
Disclosure of Account
Information to Third Parties -
In relation to ELECTRONIC FUNDS TRANSFERS, information about your
ACCOUNT(s) or the transaction(s) you make will be disclosed to third
parties only if at least one of the following applies:
1. It is necessary to complete a
transaction.
2. It is necessary to verify the
existence and condition of your ACCOUNT to a third party such as a
credit bureau or merchant.
3. To comply with a governmental
agency or court order.
4. If permission is given to US by
you, which WE may require to be in writing.
5. It is necessary to assist US in
collection of information for internal use.
6. It is necessary for statistical
information or security purposes of OUR SERVICE providers, OUR
servicing agents, and/or contractors providing OUR Internet banking
and ELECTRONIC FUNDS TRANSFER services.
7. It involves a claim by or against
US concerning a deposit to or withdrawal from your ACCOUNT.
Equipment and Software -
You are solely responsible for
the maintenance, installation, and operation of your computer. WE
shall not be responsible for any errors, deletions, or failures that
occur as a result of any malfunction of your computer or software,
nor will WE be responsible for any computer virus that affects your
computer or software while using the Internet Banking Service.
By
accessing the Internet Banking Service you agree that WE shall not
be liable for any indirect, incidental, or consequential costs,
expenses, or damages (including lost savings or profit, lost data,
business interruption, or attorney’s fees.)
WE may, from time to time, revise or
update the service software, documentation, programs, the SERVICE
itself, and/or related material. These changes may render earlier
versions obsolete. WE reserve the right to terminate this Agreement
for earlier versions and require you to use the more recent
revisions and updates.
Disclaimer of Warranty and Limitation
of Liability – WE make no
warranty of any kind, express or implied, including any implied
warranty of merchantability or fitness for a particular purpose, in
connection with the SERVICE provided to you under this Agreement.
WE do not and cannot warrant the SYSTEM will operate without errors,
or any or all SERVICES will be available and operational at all
times. Except as specifically provided in this Agreement, or
otherwise required by law, you agree OUR officers, directors,
employees, agents, or contractors are not liable for any indirect,
special, or consequential damages under or by reason of any SERVICES
or products provided under this Agreement or by reason of use of the
SERVICE by you or any third party, including loss of profits,
revenue, or data, whether in an action in contract or tort or based
on a warranty. Further, in no event shall the liability of the BANK
and its affiliates exceed the amounts paid by you for the SERVICES
provided to you through the SYSTEM.
Termination/Inactivity -
You may terminate the use of OUR Internet Banking Service by
contacting US via U.S. mail, secured e-mail, or personal delivery to
any of the BANK’s locations. If your ACCOUNT is closed or restricted
for any reason, or if there has not been Internet banking or bill
payment activity for a period of 12 consecutive months, WE reserve
the right to automatically terminate your Internet banking
accessibility. WE may at anytime cancel all or part of the Internet
Banking Service WE generally offer upon reasonable notice for any
reason in OUR sole discretion.
If you
terminate Bill Payment Service, you authorize US to continue making
payments and other previously authorized transactions until WE have
a reasonable opportunity to act upon your termination notice; you
also agree to pay all applicable fees and charges. Once WE have
acted on your notice, WE have no further responsibility to make any
payments or previously authorized transactions.
Change in Terms - The
terms and conditions of this Agreement may be amended in whole or
part by US at any time upon 30 days written notification prior to
the change taking effect. WE may notify you of such changes by U.S.
mail, or if you agree to e-mail statements, WE may send you an
e-mail notice, which details the changes. E-mail notifications may
also direct you to a section of OUR website which will include the
changes. Amendments or changes to term(s) or condition(s) may be
made without prior notice if it does NOT result in higher fees, more
restrictive SERVICE use, disclosure of additional account
information to third parties, or increased liability to you. Also,
if a change in term(s) or condition(s) is necessary to maintain or
restore the security of OUR system or your ACCOUNT(s), no advance
notice is required and WE will then notify you within 30 days
following such action. If you do not agree with the change(s), you
must notify US in writing or via e-mail prior to the effective date
to cancel your access to the Internet Banking Service. Your
continued use of the Internet Banking Service is your agreement to
the amendment(s). WE reserve the right to waive, reduce or reverse
charges or fees in individual situations. You acknowledge and agree
that changes to fees applicable to specific accounts are governed by
the applicable deposit agreements and disclosures.
Communications
– Unless this Agreement provides otherwise, you may communicate with
US in any one of the following ways:
Telephone – 1-(866) 388-9255
Extension 9000
FAX – (330) 726-4617
E-mail –
internetbanking@fpfc.net. (Please note that banking
transactions through the SYSTEM are not made via e-mail.)
Postal Mail – You can write to US at:
First Place Bank
Internet Banking
Customer Support
185 East Market
Street
Warren, Ohio 44481
OR
Franklin Bank
Internet Banking
Customer Support
24725 West Twelve
Mile Road
Southfield, MI 48034
In Person – You may visit US in
person at any one of OUR banking locations.
Consent to Electronic Delivery of
Notices - You agree that
any notice or other type of communication provided to you pursuant
to the terms of this Agreement, and any future disclosures required
by law, including electronic fund transfer disclosures, may be made
electronically by posting the notice on the BANK web site or by
e-mail. You agree to notify US immediately of any change in your
e-mail address.
Governing Law - This
Agreement shall be governed by and construed in accordance with the
laws of the United States of America, applicable federal
regulations, and the laws of the State of Ohio. You agree to be
bound by the operating rules and guidelines of the National
Automated Clearing House Association and the applicable local
automated clearing house association (the “NACHA Rules”) as in
effect from time to time with respect to all Automated Clearing
House (“ACH”) transfers made hereunder. You further agree that the
origination of ACH transfers to the accounts will be subject to the
NACHA rules and must comply with the provisions of the United States
law.
Assignment - This
Agreement may not be assigned to any other party by you. WE may
assign or delegate this Agreement in part or whole, to any third
party.
Severability
- If any provision of this Agreement is for any reason held to be
illegal or invalid, such illegality or invalidity shall not affect
any other provision of this Agreement which shall be construed and
enforced without reference to such illegal or invalid portion and
shall be deemed to be effective or taken in the manner and to the
full extent permitted by law.
Entire Agreement - Your
deposit accounts and services provided by US are also governed by
separate deposit account agreements WE have with you. This Agreement
supplements all other agreements or disclosures related to your
account(s) which have been provided to you separately. This
Agreement, together with the Enrollment Form, and the separate
deposit account agreements constitute the entire agreement between
you and US with respect to OUR Internet Banking Service. There are
no other understandings or agreements between US relative to
Internet Banking Service.
|
