Internet Banking Terms and Conditions Agreement
This Agreement describes your rights and obligations as a user of the On-line Banking Service. It also describes the rights and obligations of First Personal Bank®. Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the "I Accept" button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with First Personal Bank for the provision of certain On-line Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.
You are also acknowledging receipt of the following information and agree that:
- We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.
- We may provide you revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as a part of the Services. While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we only provide these documents electronically.
- You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, because the Agreement and the Information are provided only in electronic format, your withdrawal of consent will terminate all the Services.
- If you wish to withdraw consent to receive information electronically, to terminate the Services, or to update your information such as a change of address, or email address, you may call First Personal Bank at (708) 226-2727 or write a letter and send it to:
First Personal Bank
Attention: e-Com Customer Service
14701 Ravinia Avenue
Orland Park, IL 60462 - You are able to access information that is provided in the same manner as the information and the Services via the Internet.
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 Internet Banking Terms and Conditions Agreement
"On-line Account" is a First Personal Bank account from which you will be conducting transactions using a Service.
"Bill Payment" is the Internet-based service providing payments to First Personal Bank or to third parties from your designated First Personal Bank account(s).
"Bill Pay Account" is the transaction account from which you are initiating a Bill Payment.
"Business Day" refers to Monday through Friday, excluding holidays as determined by First Personal Bank. All On-line transaction requests received after 6:00 pm CST, or on a non-Business Day, will be processed immediately, but will not appear in the online history until the following Business Day.
"Password" is a series of numbers and/or letters that you select after the initial sign-on, that establishes your connection to the Service. First Personal Bank will provide you with a code for use during the initial sign-on process.
"Time of day" references are to Central Standard Time.
"We," "us" "our" or "First Personal Bank" refer to First Personal Bank, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.
ACCESS TO SERVICE
First Personal Bank will provide on-line instructions describing how to use the On-line Banking Service or Bill Payment Service. To gain access to this Service you will need your Access ID and your Password.
HOURS OF OPERATION
The Services are generally available 24 hours-a-day, 7 days a week, except during special maintenance and upgrade periods, which routinely are scheduled between 12:00 am and 5:00 am Monday mornings.
USE OF YOUR SECURITY PASSWORD
The safety of our customers' accounts and account information is of paramount importance to First Personal Bank. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same. 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 initiated through the Services with your First Personal Bank User-ID, up to the limits allowed by applicable law. While First Personal Bank continues to provide our customers with the level of on-line security we believe necessary and appropriate, customers who share their User-IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. No First Personal Bank representative will ever call and ask for your Access ID or User Password.
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, savings, money market, loan and line of credit accounts.
NOTE: Because regulations require First Personal Bank to limit pre-authorized transfers (including On-line Banking transfers), the following limitations apply: - Statement Savings Account-- Transfers from a Statement Savings account to another account or to third parties by preauthorized, automatic, or telephone transfer or by check, draft, or similar order to third parties are limited to six per month.
- Money Market Savings Account-- Transfers from a Money Market account to another account or to third parties by preauthorized, automatic, or telephone transfer or by check, draft, or similar order to third parties are limited to six per month.
- Initiate bill payments.
New services may be introduced for On-line Banking from time to time. First Personal 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.
CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers;
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
- In order to comply with government agency or court orders; or
- As explained in the “notice of your Financial Privacy Rights”.
CONSUMER LIABILITY
Tell us AT ONCE if you believe your Password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus maximum overdraft line of credit). If you notify us within two Business Days after you learn of the loss or theft, you can lose no more than $50.00. If you do NOT notify 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 to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days 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 a hospital stay) kept you from telling us, we will extend the time periods
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 First Personal Bank immediately at (708) 226-2727 or write a letter and send it to:
First Personal Bank
Attention: e-Com Customer Service
14701 Ravinia Avenue
Orland Park, IL 60462
If you do not notify First Personal 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 First Personal Bank had been notified in time.
ERRORS AND QUESTIONS
In case of errors or questions regarding an On-line Banking or Bill Payment transaction, you may call First Personal Bank at (708) 226-2727 or write a letter and send it to:
First Personal Bank
Attention: e-Com Customer Service
14701 Ravinia Avenue
Orland Park, IL 60462
We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. We will need:
- Your name and account number
- A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information
- The dollar amount of the suspected error
- 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 after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar 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 your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 Business Days in place of 10 Business Days and 90 calendar days in place of 45 calendar days.
If we determined that no error occurred, we will send you a written notice within three (3) Business Days. You may request copies of the documents that were used in the investigation.
You agree that First Personal Bank may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by First Personal Bank shall be considered received within three (3) Business Days of the date sent by First Personal Bank regardless of whether or not you sign on to the Service within that time frame.
LIMIT OF FIRST PERSONAL BANK'S RESPONSIBILITY
First Personal Bank agrees to make reasonable efforts to ensure full performance of On-line Banking. First Personal Bank will be responsible for acting only on those instructions sent through On-line Banking which are actually received, and cannot assume responsibility for circumstances over which the Bank has no direct control. This includes but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. First Personal 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 First Personal Bank is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. First Personal 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.
First Personal Bank is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing On-line Banking. First Personal Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of First Personal Bank's liability shall be as expressly set forth herein. Under no circumstances will First Personal 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.
FIRST PERSONAL BANK'S LIABILITY
Liability for failure to make transfers. If we do not complete an Electronic Funds Transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- Through no fault of First Personal Bank, you do not have enough money in your account to make the transfer
- If you have an overdraft line and the transfer would exceed an established credit limit
- Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, 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 have not properly followed the scheduling instructions, included in this Agreement, to make a transfer or the Payee refuses the Service
- For the failure of any payee to correctly account for or credit the payment in a timely manner
- We have received incomplete or inaccurate information from you or a third party involving the account transfer
- There may be other exceptions in our agreement with you
ELECTRONIC MAIL (EMAIL)
If you send First Personal Bank an electronic mail message through the Service, First Personal Bank will be deemed to have received it on the following Business Day. Emails will be answered within a reasonable timeframe.
You should not rely on electronic mail if you need to communicate with First Personal 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 First Personal 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 First Personal Bank shall be considered received within three (3) days of the date sent by First Personal 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 First Personal 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 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 First Personal 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. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor's Agreement and Terms and Conditions apply to this Service.
MODIFICATIONS TO THIS AGREEMENT
First Personal 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/ PRIVACY POLICY
A copy of First Personal Bank's Privacy Policy is available upon request at any of our branches, or can be mailed to you upon request by calling First Personal Bank at (708) 226-2727, or writing a letter and sending it to:
First Personal Bank
Attention: e-Com Customer Service
14701 Ravinia Avenue
Orland Park, IL 60462
You can also access our Policy online by clicking on the Privacy and Security hyperlink on the First Personal Bank Website.
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 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.
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 180 day period. If your account is considered inactive, you may enroll as a first time user.
To cancel the On-line Banking, you must notify First Personal Bank. Your notification should include your name, address and the effective date to stop the service. You may notify First Personal Bank by one of the following methods:
- By initiating a customer inquiry through our Web site
- By calling (708) 226-2727
- By writing a letter and either sending it to:
First Personal Bank
Attention: e-Com Customer Service
14701 Ravinia Avenue
Orland Park, IL 60462
GOVERNING LAW
This Agreement is governed by the laws of the state of Illinois and applicable federal law(s).
FEE SCHEDULE
First Personal Bank offers the benefits and convenience of the On-line Banking service to you at no monthly charge. Account research, stop payment charges will be assessed at the rates published in First Personal Bank's Miscellaneous Schedule Fees Brochure and deducted from your account you hold at First Personal Bank.
These fees are subject to change. First Personal Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.
Last Revised: 03/11
