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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 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.
Definitions
You or Your – means the account holder signing
the Internet Banking Enrollment form and authorized by the BANK to 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 Se
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 each bill
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.
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