Online Banking Agreement
Part A: General Terms and Conditions
Part A sets forth general terms and conditions that apply to all Services offered to both Personal Accounts and Business Account customers of First Savings Bank of Hegewisch. Unless specifically stated otherwise, Part A of this Online Banking Agreement applies to both Personal Account and Business Account customers of the Bank.
This Online Banking Agreement ("OLB Agreement") is entered into by and between the Bank and you upon your agreement to the Internet Banking Terms and Conditions of Use (“Internet Banking Agreement”) and the OLB Agreement and/or your use of one or more of the Services provided by the Bank to you as set forth and described in this OLB Agreement.
In addition to terms defined elsewhere in this OLB Agreement and for purposes of this OLB Agreement, the following terms shall be defined as follows:
"Account Agreement" or "Account Agreements" shall mean the OLB, the Internet Banking Agreement, all applicable Disclosures, Other Agreements and the specific account agreements specific to each account.
"ACH" shall mean an Automated Clearing House.
"Account" or "Accounts" shall mean, for customers of the Bank, checking accounts, savings accounts, money market accounts, certificates of deposit, mortgage, consumer and auto loans.
"Available Balance" shall mean the amount of funds available in your account for withdrawal as determined by the applicable Account Agreement.
"Bank," "we,” "us,” "our" and other similar terms shall mean First Savings Bank of Hegewisch
"Business Day" or "Business Days" shall mean Monday through Friday. Holidays are not included.
"Business Account" or "Business Accounts" shall mean one or more deposit accounts established by a non-consumer, including, but limited to, a sole proprietorship, a partnership, a limited liability company, governmental entity and a private or public corporation.
"Code" or "Codes" shall mean your User ID, Password, Web User ID, Web User Password, Web Administrator ID, Web Administrator Password, personal identification number, Site Key, challenge questions, and any other tool or method offered by the Bank as part of this Service to verify the authenticity of any transfer or payment order received by the Bank through the Service in your name. Some Services also present you with additional security procedures that supplement the Codes.
"Fee Schedule" or "Fee Schedules" shall mean the applicable fee schedules that apply to your Account.
"Personal Account" or "Personal Accounts" shall mean one or more deposit accounts that are established by individuals for personal, family or household purposes. "Personal Account" or "Personal Accounts" shall not mean one or more deposit accounts that are established by a sole proprietorship or a trust.
"Other Agreements" shall mean all other applicable disclosures and agreements governing your Accounts, including but not limited to, Account Agreements, signature card agreements, additional fees and charges communicated to you by the Bank and any applicable loan agreements.
“Owner” means the sole proprietor of a business; partner of a partnership or limited partnership; shareholder or officer of a corporation; authorized signatory of a governmental entity or signatory to a non-for-profit entity, all as described in an account signature card and/or certificate of corporate resolution tendered to the Bank when an account is established.
"Regulation E" shall mean 12 C.F. R. 1005, as it may be amended from time to time.
"Remittance Transfer" shall have the same meaning given in Regulation E for the term 'remittance transfer' (which generally means an electronic transfer of funds initiated by a consumer primarily for personal, family or household purposes to a designated recipient in a foreign country).
"Security Procedures" shall mean the Codes, as they may be revised from time to time, security codes, keys, personal identification numbers, template numbers, algorithms, procedures or other programs or key strokes that are used by the Service to prevent unauthorized access and/or use of a Service and any other additional identification tool or method offered or required by the Bank in order to identify your identity when using the Service.
"Service" or "Services" shall mean one or more of the services described in this OLB Agreement.
The terms "you/ your," "customer," and other similar terms shall mean each person that accesses the Service, an owner of the account and/or Account that has agreed to this OLB Agreement and anyone else authorized by the owner of the account and/or Account to exercise control over the owner's account, Account and/or the Service.
Your use of the Services is governed by this OLB Agreement, the Internet Banking Agreement and may also be affected by Other Agreements. You acknowledge receipt of these Other Agreements, which may contain applicable fees, limitations on the number of transfers you may make or other restrictions which might impact the use of your Accounts or accounts with one or more of the Services. This OLB Agreement supplements applicable Other Agreements; provided, however, that where the terms of this OLB Agreement differ from those of an Other Agreement, the terms of this OLB Agreement shall supersede those of the Other Agreements (to the extent of the inconsistency).
The Services offered under this OLB Agreement include access to one or more of the following Services:
Some of the Services may appear on your screen through the Service but may not be available for use by you because: (i) you have not been approved by the Bank for that Service; or (ii) the particular account or Account is not eligible for the Service. You will have access to those Services that are approved by the Bank for you and the applicable Account or Accounts.
You are agreeing to enter into this OLB Agreement electronically. By your electronic agreement, you consent to all terms and conditions governing use of the Service as set forth in this OLB Agreement, the Internet Banking Agreement and other Agreements We will make a printed copy of this OLB Agreement available at your request. However, we recommend that you print a copy of this OLB Agreement for your records.
Consent to Receive Electronic Notices
By using the Service and/or agreeing to the E-Sign Consent, you consent to and agree that:
A current, valid email address is critical to our successful delivery of the Service to you. You agree to maintain an active email account at all times and record such email address within your profile in the Service. You further agree to promptly notify us of a change of email address by changing the address at the Profile link within the Service. If, for any reason the email address you provide us changes or becomes inoperable for more than a short period of time, you agree to contact us immediately so that we can arrange to provide you with Customer Notices and account statements through other means.
If we contact you at the email address of record within the Service and learn that the email is undeliverable to that address, we may, at our discretion:
If you have chosen to receive account statements in electronic form, such as pdf format, and you do not provide us with a new email address, you agree that we may continue to comply with the terms of this OLB Agreement and the statement delivery preference you have indicated within the Service until such time as you instruct us otherwise.
The Service requires you to have certain computer capabilities, which we may change from time to time without prior notice.
You agree and acknowledge that your Accounts may not have access to all the Services described in this Agreement and/or may have restrictions that only provide for limited use of a particular Service. Generally, the Services described herein, state which types of Accounts are eligible for the applicable Service. Also, we may allow other types of accounts to be connected to the Service from time to time. Linked accounts are referred to as "Accounts." Further, we reserve the right to determine which accounts can be connected to the Service.
We reserve the right to deny access to the Service or reject a transaction on an Account through the Service without notice to you if we believe that there is risk of unauthorized, illegal, or fraudulent activity. You agree that we may, in our sole discretion, require verification of user identity, in a manner satisfactory to us, at any time before allowing access or login to the Service or before authorizing an online transaction from an Account. Such verification may be in any form we determine appropriate and may include, without limitation: (a) verification of User ID and/or password; (b) verification of personal information contained in Bank records; (c) correct response to previously submitted personal questions, sometimes referred to as "security" or "challenge" questions; (d) correct response to questions devised from public records and consumer reporting agencies on subjects only the user likely would have personal knowledge, sometimes called "out of wallet" or "knowledge based authentication" questions; (e) verification of online activity by simultaneous contact through a non-online channel, sometimes called "verify by phone" or "out of band" authentication; or (f) any verification procedure that we may determine appropriate.
In the event you do not successfully provide the information requested, we may, at our sole discretion: (a) refuse a transaction; (b) require you to contact us by phone or in person at a branch for further validation of identity; (c) cancel the Service; and/or (d) take any security precautions we deem appropriate to prevent unauthorized use of the Service or Account or account.
The Codes are the Security Procedures. You agree that the Bank may use the Security Procedures to verify the authenticity of an instruction, transfer request or payment order request (collectively, a "Communication") delivered to the Bank in your name. If the Bank verifies the authenticity of the Communication using the Security Procedures, then the Bank may rely on it and you will be obligated on the Communication, whether or not the Communication was authorized by you (unless the Communication is an electronic fund transfer under Regulation E, then you may have additional rights). Also, if a Communication was authorized by you, then you will be obligated on the Communication even if the Bank did not verify its authenticity using the Security Procedures and even if the Security Procedures would have prevented error. You agree that the Security Procedures are intended to verify authenticity and not to detect error.
You agree to consider the size, type and frequency of transfers, Communications, or other money transactions you use the Services to accomplish. You will consider the risks presented by the possibility of unauthorized access to these Services and your obligation on the Communications even though they are unauthorized. You agree and acknowledge that the Security Procedures are commercially reasonable for you, after considering these risks. Further, you agree and acknowledge and that you will be bound by the Communications in your name as set forth above.
Further, in your review of the Services, you agree to notify the Bank in the event your use of the Services would necessitate or be better served by a level of security that exceeds that offered by the Security Procedures you are using for that Service. If you fail to notify the Bank, then you acknowledge and agree that the security aspects of the Services are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
User Responsibility for Online Security
To sign on to the Service, you are required to input a User ID and password. After initial online setup, you will be required to select your own password. To help safeguard your security, you should change your password frequently. Your password can be changed within the Service. Do not write your password anywhere or store it on your computer. If you forget your password, use the Forgot Password process in the Service or call us at 1-800-752-8382 to regain access. You should never include your password in any oral, written, faxed, or email communication with us or anyone. No Bank employee will ever ask you for your password.
You acknowledge that maintaining confidentiality of the Account is your responsibility. You agree to maintain your account information and online User ID and password in strict confidence in order to prevent unauthorized access to your accounts and the Service. You further agree to immediately notify us of any unauthorized use, or potential unauthorized use, of the Service or Account, or of any suspicious or unexplained activity in the Account. You acknowledge that anyone with whom you share or who otherwise uses your User ID and password will have access to your Accounts for all purposes, including making withdrawals and transfers regardless of ownership of such accounts.
Personal Account and Business Account customers may obtain periodic statements for your Accounts, which are your checking, savings and/or money market accounts held at the Bank, either online within the Service or in paper format delivered by postal mail. You may change or indicate your preference by selecting the applicable choice available to you within the Service or by contacting us at 1-800-752-8382. Online statements contain the same information as a paper statement, in addition to access to images of the front and back of paid checks and deposit slips. We will notify you electronically when an online statement is available for viewing within the Service. You agree and acknowledge that each such electronic "statement ready" notice shall be deemed as the date the applicable online statement was sent to, and received by, all account owners. You agree to contact us promptly if you do not receive your online statement for any reason.
Online account statements, including images of the front and back of paid checks and deposit slips, will be available for 7 years after date of delivery. You may print the documents or save them to your computer. If you encounter difficulty saving or printing the online statement or images of supporting transactions, contact us at 1-800-752-8382 for a paper copy of the documents. Personal Account and Business Account customers can terminate online statement delivery for any of your Accounts at any time by changing your statement delivery preference to receive a "paper statement only" within the Service or by calling us at 1-800-752-8382. A fee to receive a paper statement may apply. See the applicable Account Agreement.
We will make statements for your Accounts available to you as required by law or upon request. We may stop making statements available at any time without notice in such circumstances as when your account becomes inactive, in default, in overdraft, or in similar circumstances.
You can use the Service to obtain balance and transaction information about your Accounts. Ledger Balance and Available Balance shown are defined in the applicable Account Agreement.
Balance and transaction information provided to you as part of the Service is not the official record of your account, Account or its activity. Your account statement, furnished to you by us in electronic or paper format, is the official record. Balance and transaction information is generally updated regularly, but is subject to adjustment and correction and therefore should not be relied upon by you for taking, or not taking, any action.
If you overdraw your checking account and you have deposit account overdraft protection, the credit to your checking account will appear on the day the checking account is overdrawn, and the debit to your savings account will appear the same day. If a transfer exceeds the available credit on your donor account or overdraft protection line, the funds will appear in the account to which you transferred them, but will not be available for withdrawal. The transfer may be reversed the following Business Day.
Transfers Between Your Accounts Held with the Bank
Through the Service, you may transfer an amount of your Available Balance from an Account owned by you to another Account. Transfers to and from your First Savings Bank of Hegewisch Accounts are usually effective immediately if the "from" account has the adequate Available Balance and security controls are met. You agree that you will not attempt to add accounts to your Service that you do not have the authority on which to transfer funds.
At our discretion, we may establish customer eligibility requirements for transfers. We may further establish limits on amount and frequency of transfers. We may change such eligibility requirements and transfer limits without prior notice to you. If a transfer exceeds current limits, it will not be processed. Funds availability and cutoff times are set forth in Section 31 of this OLB Agreement. If there is an insufficient Available Balance in an account you designate to make a transfer, or if
Note: The Service may allow you to do a transfer from an Account, which is a checking, money market or savings deposit account, owned by you to a deposit account not owned by you but held at the Bank. Additional terms and conditions apply for Personal Accounts; please see Section 44, entitled "Account Transfers to Accounts Not Owned by You" for details.
Online Bill Payment
Our Online Bill Payment Service (the "Bill Pay Service"), which is part of the Services, allows you to initiate bill payments (collectively the "Bill Payments" and individually a "Bill Payment") through the Bill Pay Service to one or more payees (collectively the "Payees" and individually a "Payee"). Specifically, you can use the Bill Pay Service to:
Availability and Use
The Bill Pay Service is generally available seven days a week and 24 hours a day. However, the Bill Pay Service may from time to time be unavailable due to maintenance (please see the heading "Service Unavailability" below for further information). The Bill Pay Service allows you to fund payments from your checking and money market accounts held with the Bank in order to pay third parties. The Bill Pay Service is only available for the types of accounts listed in this paragraph and is not available for other Accounts or accounts. Refer to the applicable Account Agreement for further details.
Further, the Bill Pay Service and this OLB Agreement do not alter your liability or obligations that currently exist between you and your Payees (including, but not limited to, First Savings Bank of Hegewisch).
Making Payments on Personal Loans
You may use the Bill Pay Service as a means to provide instructions to the Bank to fund payments from your checking or money market account in order to make one or more payments on a one-time or recurring basis for loans. Specifically, you may make Bill Payments on loans held with the Bank, including, but not limited to, your mortgage, home equity line of credit or loan, auto loan, and personal loan. You agree and acknowledge that you are responsible for paying the amount due on your loan for the applicable payment period and that the Bank is not responsible if the Bill Pay Service accepts and processes a payment that is not sufficient to meet the minimum or other amount due for the period in question. Further, in the event you want to pay off any remaining balance owed on your loan, you agree and acknowledge that it is your responsibility to determine the amount and the date for which the outstanding balance must be paid in full in order to avoid further finance charges, interest or other fees. You must contact the Loan Department at 1-800-752-8382 to determine the outstanding balance and date that the outstanding balance payment must be received in order to pay the loan in full.
All Bill Payments scheduled through the Bill Pay Service to make a payment to the Bank for loans at the Bank will only be processed by the Bank if you have a sufficient Available Balance in the applicable Pay From account (as defined below). The Bank may consider any overdraft protection products or lines of credit linked to your Pay from account when deciding whether to execute your Bill Payment request.
Pay From Account
Each Bill Payment request that you initiate through the Bill Pay Service must have a designated Account, that is a checking, or money market account, which will be used to fund the Bill Payment. Specifically, the first time you initiate a request for a Bill Payment through the Bill Pay Service to make a payment to the Bank or a third party, you must indicate the Account from which you want the money to be debited in order to fund the Bill Payment (the "Pay From" account). Thereafter, that designated Account will be the default Pay From account for that specific Payee, provided that the Account remains in an active and Bill Payment-eligible status. You may set up a different Account for each Bill Payment; however, recurring Bill Payments must use the same Account you designated for the first Bill Payment in the recurring series for the particular Payee, for all recurring payments.
Designation of a Payee
You can use the Bill Pay Service to pay an individual or a business. However, you can only designate Payees with U.S. addresses. We may refuse to accept certain parties as Payees or may delete Payees from our system and/or Bill Pay Service if you do not send a Bill Pay to them for an extended period of time. Further, you agree and acknowledge that you will not use the Bill Pay Service to pay taxes. For further information, please see the heading "Scheduling Your Payments" below.
You agree and authorize the Bank's use of a third party payment processor ("Payment Processor'') in order to facilitate one or more Bill Payments. Specifically, you agree and acknowledge that the Bank and/or the Payment Processor may send Bill Payments on your behalf in order to execute one or more Bill Payment requests delivered in your name to the Payee through the Bill Pay Service by: (i) sending funds belonging to the Payment Processor to your Payee and then debiting your Pay From account on the Arrive By date (as defined below); or (ii) creating a negotiable instrument drawn off your Pay From account that uses your Pay From account routing and account number ("Bill Pay Draft") and making it payable to the Payee you designated in the Bill Pay Service.
The Bill Pay Service, which includes the Bank's use of a Payment Processor, may complete your Bill Payment by transferring funds electronically ("Electronic Payment Method") from the Payment Processor's deposit account to your Payee, or by mailing or otherwise delivering a paper check ("Check Payment Method") payable to the Payee, drawn on the Payment Processor's corporate account, to render the payment on your behalf. You agree and acknowledge that a paper check under the Check Payment Method will be issued with the condition that it is void after 90 calendar days and the Bank is not responsible if your Payee does not negotiate the check in time. In some cases, the Payment Processor will create a Bill Pay Draft ("Draft Payment Method") payable to the Payee, drawn off of your Pay From account, and mail it by regular mail through the U.S. Postal Service. You agree and acknowledge that a Bill Pay Draft under the Draft Payment Method will be issued with a condition that it is void after 180 calendar days and the Bank is not responsible if your Payee does not negotiate the draft in time.
You agree and acknowledge that the Bill Pay Service and/or Payment Processor may comingle in one envelope, paper check or Bill Pay Draft payments payable to different payees that share the exact same address. This means the Payment Processor may send your Bill Payment and other bill payments, belonging to users of this Bill Pay Service and/or users of other bill pay services offered by unrelated institutions, by U.S. mail in the same envelope. However, please note that in order for there to be a mail merge by the Bill Pay Service and/or Payment Processor, you and others would have to schedule Bill Payments or bill payments with the same Arrive By date to two or more payees with the same exact address. You agree and acknowledge that the Bank is not responsible in any manner whatsoever for the ability of third parties to view your Bill Payment in the event of mail merge.
Scheduling Your Payments
You choose the date the Payee will receive your Bill Payment (the "Arrive By" date). Typically, electronic payments, under the Electronic Payment Method, as defined above, can be delivered in 1- 2 Business Days, and paper check payments, under the Check Payment Method, as defined above and Bill Pay Draft payments, under the Draft Payment Method, as defined above, can be delivered in 2 - 4 Business Days. The Bill Pay Service will not permit you to select an Arrive By date earlier than the earliest possible Arrive By date available for each Payee.
Specifically, the Bill Pay Service will display the earliest date you can designate as the Arrive By date for each Payee. You can choose the earliest date displayed or you can choose a later date. However, any recurring Bill Payment request you designate that falls on a non-Business Day will be changed to an Arrive By date that falls on the previous Business Day. For further information, please see the heading "Cut Off” Hours; Business Days" below.
You agree and acknowledge that it is your responsibility to schedule payments through the Bill Pay Service in a manner that allows for a sufficient amount of time for the Bill Payment to be processed and delivered before the day by which the Payee indicates your payment is due (the "Due Date"). Further, the Bank recommends that you do not schedule a Bill Payment with an Arrive By date that falls within any grace period (meaning the period between the Due Date and the date for which the Payee deems that your payment is not considered late) that your Payee grants you. The Bank will not be liable for late charges, penalties, interest, finance charges and other damages if you schedule your Bill Payment with an Arrive By date that falls within a grace period.
Further, the Bank assumes no responsibility for late Bill Payments if you do not properly schedule and submit your request. To ensure that critical or time-sensitive payments, such as insurance premiums, are made in a timely manner, we recommend that you schedule those Bill Payments for such payments well in advance of their Due Dates. Payees may require extra time to post a Bill Payment to your account held with the Payee because they do not receive a payment coupon or invoice number with the Bill Payment. Some Payees disclose the extra processing time they require to post payments that do not include a payment coupon or invoice.
Finally, the Bank strongly recommends against using the Bill Pay Service to pay your taxes, as local, state and federal agencies frequently require that coupons accompany these payments. For this reason, the Bank will not be liable for penalties, interest or other damages of any kind imposed by or otherwise connected to tax agencies.
Cut Off Hours; Business Days. Whether you can schedule a Bill Payment to a third party on the same Business Day depends on the Payee and the Bill Pay Service. More specifically, the Bill Pay Service has an indicator as to the earliest "Arrive By" date that you can schedule for each Payee that is a third party.
Setting Up One-Time and Recurring Payments
The Bill Pay Service allows you to set up one-time or recurring Bill Payments for each Payee. The frequency options for the recurring intervals to pay a particular Payee are set forth in the “Auto Pay” drop down menu offered by the Bill Pay Service.
There is an exception to the 999 maximum number of payments limitation. Specifically, if you have a Payee that has presented you with an eBill (as defined below under the heading "eBill Delivery and Presentment"), then you may set up a recurring Bill Payment in the eBill Autopay feature, as defined below, to occur indefinitely. Please keep in mind that it is possible to have one or more Payees set up on both recurring or one-time Bill Payments and eBill Autopay which could cause a Payee to be paid twice.
Payment Authorization and Remittance
By providing the Bill Pay Service with names and account information of Payees to whom you wish to direct Bill Payments, you authorize the Bill Pay Service and/or Payment Processor to follow the Bill Payment instructions that it receives through the Bill Pay Service. In order to process Bill Payments more efficiently and effectively, the Bill Pay Service may edit or alter Bill Payment data or data formats in accordance with Payee directives.
When the Bill Pay Service receives a Bill Payment instruction, you authorize the Bill Pay Service to debit your Pay From account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Arrive By date designated by you. You also authorize the Bill Pay Service to credit your Pay From account for Bill Payments returned to the Bill Pay Service by the United States Postal Service or Payee. Further, you agree and acknowledge that any Bill Payments returned as an ACH credit will be handled as set forth below under the heading "ACH."
The Bill Pay Service will attempt to make all your Bill Payments properly. However, the Bill Payment Service and/or Payment Processor shall incur no liability whatsoever for failure to complete a transaction (as described in Part B, Section 42, under the heading "Bank's Liability"). Bill Payments shall be void if the Bill Pay Service is unable to complete any Bill Payments initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions is applicable, if the Bill Pay Service causes an incorrect amount of funds to be removed from your Pay From account or causes funds from your Pay From account to be directed to a Payee which does not comply with your Bill Payment instructions, the Bill Pay Service shall be responsible for returning the improperly transferred funds to your Pay From account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges. However, there is a reimbursement limit of $50 for any late payment-related charges.
Disconnected Online Session
If you are disconnected from the Bill Pay Service before you log out, we recommend that you log back onto the Bill Pay Service to verify that the Bill Payments or transfers you scheduled appear on your "Scheduled Payments" screen. If a scheduled Bill Payment or transfer is missing, call the Bank at 1-800-752-8382. Do not reissue any Bill Payment requests made during the interrupted session unless we advise you to do so. Otherwise, a duplicate Bill Payment could result. You authorize the Bank to pay any duplicate Bill Payments you issue. We will not be responsible for any Payee's refusal to return any duplicate Payments issued by you.
Rejected Payment Requests
The Bank may reject a Bill Payment request if it appears to be fraudulent or erroneous. A Bill Payment request may also be refused if there is any uncertainty regarding the transacting party's authority to conduct the transaction, or if there is any dispute or uncertainty regarding the ownership or control of the Pay From account. We and the Payment Processor reserve the right to reject your Bill Payment request if profane, abusive, or threatening language is used in your instruction. Use of such language may result in cancellation of the Bill Pay Service and/or the Service.
In using the Bill Pay Service, the Bank or the Payment Processor will make Bill Payments for you from your Pay From account when you instruct the Bank or Payment Processor to do so. After making such Bill Payments per your Bill Payment instructions, the Bill Pay Service will debit your Pay From account. If there are insufficient funds in your Pay From account, the Bank or Payment Processor may notify you directly and will attempt to debit your Pay From account a second time. If there are still insufficient funds, then the Bill Pay Service will be suspended until the Payment Processor is paid by you. However, any Bill Pay requests shown as "In Process" in the Service will be allowed and therefore sent. This holds true even if one or more Accounts have sufficient funds to fund a particular Bill Pay request and/or you requested the Bill Pay request before the suspension. Also, you agree and acknowledge that the Bill Pay suspension may affect your ability to engage in bill pay services for other deposit accounts held at the Bank or at other financial institutions for which the Payment Processor also provides similar services and we are not liable whatsoever for non-ability of bill pay services. Further, if monies are owed, the Bank or the Payment Processor may contact you directly to seek reimbursement for Bill Payments made on your behalf as a result of executing your Bill Payment requests. In each such case, you agree that:
No Signature Required
When a Bill Payment is requested using the Bill Pay Service, you agree that the Bank or the Payment Processor may charge your Pay From account to make the payment without your signature. Further, when using the Bill Pay Service to make transfers from Pay From accounts with an insufficient Available Balance, you agree that the Bank and/or Payment Processor may continue to make Bill Payments on your behalf even though such action may cause an overdraft and/or a draw from a linked overdraft protection product without your signature for the draw.
Canceling or Modifying Payments
After a Bill Payment request is transmitted through the Bill Pay Service, and while the Bill Payment is still in a "pending" state, you may use the Bill Pay Service to cancel or modify the pending Bill Payment on the Bank's "Pending Payments" tab in the Bill Pay section, or by calling us at 1-800-752-8382. Bill Payments in an "In Process" status cannot be cancelled or modified.
The Bill Pay Service's ability to process a stop payment request for one or more scheduled Bill Payments will depend on the payment method (e.g. Electronic, Check or Draft) and whether the paper check, under the Check Payment Method, or Bill Pay Draft, under the Draft Payment Method, has cleared. The Bill Pay Service may also not have a reasonable opportunity to act on any stop payment request after a Bill Payment has been processed. If you desire to stop any Bill Payment that has already been processed, you must contact customer care for the Bill Pay Service at the number above, or in the manner set forth in Section 36 below. Although the Bill Pay Service will attempt to accommodate your stop payment request, the Bill Pay Service will have no liability for failing to do so. The Bill Pay Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request on a Bill Pay Draft will be the current charge for such service as set out in the applicable fee schedule. However, a stop payment request on a paper check under the Check Payment Method is$15.00. The placement of a stop payment request on a Bill Pay paper check or Bill Pay Draft could result in an inactivation of your Bill Pay profile.
eBill Delivery and Presentment. This feature is for the presentment of electronic bills ("eBills") only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Pay Service's eBill options, you also agree to the following:
With the normal Bill Payment recurring payment functionality, you can give instructions regarding the specific dollar amount, frequency, Arrive By date and Pay From account fora series of automatic Bill Payments to be made. But with the eBill Autopay functionality, you can give instructions for the amount, Arrive By date and Pay From account along with the ability to set additional parameters. The additional parameters allow you to set how the particular Payee will be paid each time the particular Payee presents you with an eBill through the Bill Payment Service. Specifically, you can give an eBill Autopay instruction to always pay a particular Payee: (1) for the amount due; (2) only if the eBill amount due is less than or equal to a specific dollar amount; or (3) a specific dollar amount.
The eBill Autopay feature also gives some additional flexibility with scheduling your Bill Payment. Specifically, you can schedule your Bill Payment through the eBill Autopay in one of the following ways: (1) to be delivered on the Due Date set forth in the eBill; (2) to be delivered on the earliest available date after the eBill is received by you through the Bill Pay service; or (3) to arrive one to five days before the Due Date set forth in the eBill.
Your enrollment in the Service enables you to access certain features and functionality of the Service by use of an electronic wireless device, such as a mobile telephone or tablet device ("Mobile Banking"). Mobile Banking requires you to have a mobile device with Internet capability.
Mobile Banking offers you possible access, through the use of your mobile device, to one or more of the following Services:
Some of the Services listed above may not be available to you because you and/or your mobile device are not eligible for the particular Service.
Place a Stop Payment on a Paper Check
You can use the Service to place a stop payment order for a traditional paper check you have written on any Account on which you can write checks. To do so, you must provide us with timely, complete and accurate information regarding the account number the check is drawn upon, the check number, and the exact amount of the check (dollars and cents). If any information is incomplete or incorrect, we will not be responsible for failing to stop payment on the check. Also, depending on the date you request a stop payment, we may not be able to verify whether the check has been paid, in which case we may ask you to contact us. Stop payment requests become effective only when we confirm their receipt and have verified that the check has not been paid. Thus, be sure to wait for an online confirmation that a stop payment was placed before you log out of the Service.
To place a stop payment covering a range of checks that are missing or stolen, you must call us at 1-800-752-8382 for personal assistance, or contact your banking office. Other terms and conditions governing stop payments are contained in your applicable Account Agreement.
Your enrollment in the Service allows you to elect to receive alerts and notifications ("Alerts"). Alerts are electronic notices from us that contain information about the First Savings Bank of Hegewisch account(s) you have designated ("Designated Account"). For example, Alerts may include account balances, information about the receipt of wire transfers or other credits to an account, about withdrawals that exceed a certain dollar amount, or if overdraft protection is used on your account. Alerts can be setup and managed online through the Service and Mobile Banking.
Agreement and Acknowledgement
By subscribing to the Alerts feature of the Service, you acknowledge and agree that: (a) Alerts are provided solely as a convenience; (b) Alerts may not always be sent in or reflect real time and therefore should not be used to determine the actual real time Available Balance in your Designated Account; (c) Alerts are not a substitute for the periodic statements for your Designated Accounts or any other notices we may send you about such Designated Accounts, without regard to the manner in which you have chosen to receive such periodic statements or other notices; and should not be used for real time account balance reconciliation; (d) such periodic statements and other notices remain the official records of your Designated Accounts; and (e) it is your ongoing obligation to promptly review periodic statements, Customer Notices, and all other correspondence from us regarding your Designated Accounts and other services you obtain from us remains in full force and effect.
Your Responsibilities; Indemnification
You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising in any manner from your providing us a phone number, email address, or other electronic delivery location that is not your own or that you provide in violation of applicable federal, state or local law, regulation or ordinance. Your obligations under this paragraph shall survive termination of this OLB Agreement.
Methods of Delivery
We may provide Alerts through one or more channels: (a) a mobile device, by text message, (b) a mobile device, by push notification; or (c) an email account, by an e-mail message. It is your responsibility to determine that each of the service providers for the communication media described in (a) through (c), above supports the email, push notification, and/or text message Alerts you selected above. You agree that the Alerts are subject to the terms and conditions of your agreements with your service provider(s) and that you are solely responsible for any fees imposed for an Alert by your service providers. By electing Alerts delivery to a Web-enabled mobile or cellular device, you agree to receive Alerts through that device. Message and data rates may be imposed by your service provider. The frequency of Alerts delivered to your mobile or cellular device depends upon the frequency of events triggering requested types of Alerts.
Alert Information is Not Encrypted
You acknowledge and agree that: (a) Alerts may not be encrypted and may include personal or confidential information about you and your transactions, such as your name and account activity or status; (b) your Alerts may be delayed, misdirected, not delivered, or corrupted due to circumstances or conditions affecting your service providers or other parties; and (c) we will not be liable for losses or damages arising from: (i) any non-delivery, delayed delivery, misdirected delivery, or corruption of an Alert, (ii) inaccurate, untimely or incomplete content in an Alert; (iii) your reliance on or use of the information provided in an Alert for any purpose; or (iv) any other circumstances beyond our control.
Contact in Event of Unauthorized Transfer
If you believe your Code has been lost or stolen, call: 1-800-752-8382or write: Claims Operations: First Savings Bank of Hegewisch, 13220 South Baltimore Avenue, Chicago, IL. 60633
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
Duty to Review
You agree to review promptly all statements, Customer Notices, and transaction information made available to you, and to report all unauthorized transactions and errors to us immediately.
In addition to the fees elsewhere described in this OLB Agreement, you agree to pay the fees set forth in the applicable Fee Schedule and any additional fees that the Bank may establish from time to time, as they may communicated to you outside of the Fee Schedule. Please copy and paste the following applicable url into your browser to locate an electronic version of your Fee Schedule: www.fsbhegewisch.com You are also responsible for telephone, mobile, data, message, internet and other similar types of fees incurred by you as a result of accessing and/or using online and mobile banking services.
Excess Activity Charge
Federal regulation limits certain types of withdrawals or transfers from your savings or money market account (including online/telephone transfers and Deposit Overdraft Protection transfers) to a maximum of six (6) each monthly statement period(money market accounts) or calendar month (savings accounts or money market accounts when the statement period date was requested on a specific day). First Savings Bank of Hegewisch will assess charge in accordance with the Fee Schedule for each excess transfer paid against the account.
If you exceed these limits, the Bank is required to close your account or convert your account to one not subject to transfer limitations. If your account is closed or converted due to excessive activity, you may not be able to open another account with the Bank.
We further reserve the right to limit the frequency and dollar amount of transactions from your Accounts for security reasons.
We will disclose information to third parties about your account or the transfers you make:
You will get a monthly account statement (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly).
You agree and acknowledge that when you use the Service to initiate a transfer to make a payment to someone (including yourself when the account receiving the funds is held elsewhere) other than the Bank, such as a Bill Pay to a third party or an external transfer, that you authorize the Bank, Payment Processor and/or PayPal, to initiate an ACH transaction to your account. Also, you agree that for recurring transfers, this authorization will remain in effect until revoked by you through the Service or by calling us at 1-800-752-8382
You agree and acknowledge that the origination of all ACH transactions to your account must comply with U.S. law. Also, you agree that the rules governing ACH credits and debits will not apply to any type of transfer request for which the ACH was not actually utilized.
Further, you agree and acknowledge that when you set up any one-time or recurring transfer through the Service to make a payment to someone you will print a copy of the applicable page or screen within the Service for your records.
Notice. You agree and acknowledge that the Bank is not required to give you next day notice after the Bank's receipt of any ACH credit for a rejected or returned transfer request, instead notification is sufficient by posting the re-credited amount to the applicable deposit account used for the debit and listing it on your periodic statement.
There is an ACH rule that makes payment of an ACH credit entry provisional until the financial institution, which holds the deposit account that is credited for the ACH credit entry, is in receipt of final settlement for such ACH entry. You specifically agree and acknowledge that you have received notice of this ACH rule. Further, if there is no final settlement, then the financial institution will be entitled to a refund from the person who authorized the ACH credit entry and you will not be deemed to have paid the amount of the ACH credit entry. For example, if you initiate an external funds transfer request where funds are coming from your external deposit account held at another financial institution in order to be credited to your internal deposit account held at the Bank and the Bank credits you the amount of the external funds transfer request and you do not have the money in your external deposit account held with your financial institution to settle the external transfer request, then we may debit your deposit account that you hold with the Bank in the amount of the ACH credit entry and you will not be deemed to have paid the external transfer request.
Reliance on Your Instructions
We are not responsible for detecting any errors in any transfer requested by you through the Service. You are responsible for the content of any transfer instruction and the Bank may rely upon the information you provide to the Bank when processing the transfer instruction. The Bank and any other financial institution may rely solely on the account numbers and bank identifying numbers that you provide to the Bank regardless of whether or not you also provide the name of the account holder or the name of the financial institution. We and other financial institutions processing your transfers have no responsibility to identify or investigate any discrepancy between names and account numbers. Also, your obligation to pay the amount of any transfer request will not be excused in circumstances where your transfer request describes the name and account number inconsistently or the name and identifying number of the financial institution inconsistently.
Hours of Operation and Cutoff Times
The Service is available to you 24 hours a day; 365/366 days a year, except at times of "Service Unavailability" (see Section 28). Your Account information is updated at varying evening hours Monday through Saturday), except on Bank holidays.
We will begin processing your transaction in the normal course of business, Monday through Friday.
Payment requests submitted after the cutoff time or on non-Business Days will be considered requested the next Business Day. If you attempt to send a transaction request near the cutoff time, and your request is not completed before the cutoff time, your transaction request may be deemed received the next Business Day. The exact timing of the update time or the cutoff time may vary without advance notice. We will not be responsible for any loss or delay related to any variation. You may make payments to your Bank loan Accounts up to 11:59 p.m. (Central Time) on the Date Due for same day processing.
Access to the Service may be unavailable with or without notice at certain times for the following reasons:
Disclaimer of Warranties
To the fullest extent permitted by law, we make no representations or warranties of any kind in respect of the Service, either express or implied, statutory or otherwise, including but not limited to, implied warranties of merchantability or fitness for a particular purpose, and we hereby disclaim any such representations, warranties and conditions of any kind. We do not represent or warrant that the Service will be uninterrupted, timely, secure or error free, that defects will never arise or will be corrected, or that our website that makes the Service available is free of viruses or other harmful components.
Limitation of Liability
Except as specifically set forth herein or where the law requires a different standard, we shall not be responsible for any loss, damage or injury or for any direct, indirect, special, incidental, exemplary or consequential damages, including lost profits, loss of data, files, profit or goodwill or the costs of procurement of substitute goods or services, arising from or related to the Service, the inability to use the Service, or otherwise in connection with this OLB Agreement, even if advised of the possibility of such damages.
Third Party Indemnification
Except to the extent that we are liable under the terms of this OLB Agreement or another agreement governing the Service or Accounts, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorney's fees) arising from:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent. This indemnification is provided without regard to whether our claim for indemnification is due to your use of the Service.
How to Contact Us for Questions about the Service
For questions regarding the Service, call us at 1-800-752-8382, or write to us at First Savings Bank of Hegewisch, 13220 South Baltimore Avenue, Chicago, IL. 60633.
Telephoning us is the fastest way to reach us. We may not immediately receive email that you send to us. Therefore, you should not rely on email if you need to communicate with us immediately, for example, if you need to report a lost or stolen card or password, or report an unauthorized transaction from one of your accounts. We cannot take action on your email request until we actually receive your message and have a reasonable opportunity to act.
Email or social network websites may not be used to request account information or to conduct transactions with us. Also, because email and social network websites may not be secure, never include confidential, financial, or account information when using those communication channels. If in doubt, contact us at 1-800-752-8382 or call your banking office.
Non-Usage of the Service
Following 180 or more consecutive days of inactivity, we reserve the right, at our discretion, to require re-acceptance of this OLB Agreement, require confirmation of user information such as email address, require reset of security settings such as password, discontinue any fee discounts or waivers associated with use of the Service, and/or terminate the Service.
Cancelling the Service
You may cancel the Service by sending a written notice to First Savings Bank of Hegewisch, or by telephoning us at 1-800-752-8382. We strongly suggest that you cancel all recurring and future bill payments before you cancel your Service, either by deleting those payments yourself using the Service or by calling us at 1-800-752-8382. This will ensure that future payments and transfers made by you will not be duplicated. We may automatically delete, without notice, all outstanding payment orders (all individual payments and all recurring payments) once you cancel the Service.
Termination of the Service
We may suspend or terminate your Service at any time, with or without cause and without affecting your outstanding obligations under this OLB Agreement. We may immediately take this action if: you breach this or any other agreement with us; we have reason to believe that there has been or may be unauthorized or illegal use of your account or the Service; or there are conflicting claims to the funds in your account.
If any provision of this OLB Agreement is determined to be void or invalid, the rest of the OLB Agreement will remain in full force and effect.
Changes to the Service or this Agreement
We may change or cancel the Service at any time without cause, subject to applicable laws and regulations. We may amend (add to, delete or change) the terms of this OLB Agreement by sending you notice of the amendment by email, as may be required by law. You agree to review any changes to this OLB Agreement promptly upon receipt of our Customer Notice. Your continued use of the Service after the effective date of any change constitutes your agreement to the change.
All claims, causes of action, or other disputes concerning the Service or this OLB Agreement shall be resolved in accordance with procedures set forth in the Internet Banking Agreement.
Part B: Consumer Disclosures for Personal Accounts
Part B sets forth and conditions that only apply to Personal Accounts. Specifically, you agree and acknowledge that Part A and Part B apply to Personal Account customers.
Finally, you agree and acknowledge that the Regulation E disclosures set forth below in this Part B do not apply to domestic wires.
Authorized User Access
As an owner of an Account, you may act alone in using the Services pursuant to this OLB Agreement to perform account transactions. Such access is granted completely at the Bank's discretion. Contact us at 1-800-752-8382 for additional information.
Our text banking service ("Text Banking") allows customers of the Service to use a mobile device to perform certain banking functions by entering an abbreviated code into the messaging application on your mobile device. Such banking functions include, but may not be limited to, checking account balance and recent transactions, locating branch offices or ATMs. Text Banking capabilities may be modified by us at any time without prior notice to you. Text Banking requires you to have a mobile device with certain capabilities.
Upon entering an abbreviated code into your mobile device, you will receive a response from us by text message to the same device. By activating and using Text Banking, you agree to receive text messages on your mobile device. Message and data rates may be imposed by your wireless service provider. The frequency of messages delivered to your mobile device depends upon the frequency of Text Banking requests.
Text Banking responses are provided solely as a convenience. They are not a substitute for periodic statements or any other notices we may send you about your account. Such periodic statements and other notices remain the official records of your account, and your ongoing obligation promptly to review account statements, Customer Notices, and all other correspondence from us regarding your account and other services you obtain from us remains in full force and effect.
Regulation E Consumer Disclosures
The following disclosures apply only to consumers and to electronic funds transfers, as defined in Regulation E, to or from a consumer deposit account held with the Bank and do not apply to a domestic wire transfer.
Tell us AT ONCE if you believe your Code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your Code, you can lose no more than $50.00 if someone used your Code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your Code and we can prove we could have stopped someone from using your Code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by Code or other means, 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.
In Case of Errors or Questions about Your Electronic Transfers
Telephone us at 1-800-752-8382 or write us at First Savings Bank of Hegewisch, 13220 South Baltimore Avenue, Chicago, IL. 60633 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and 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 within 10 business days, we may not provisionally credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 1-800-752-8382 to find out whether or not the deposit has been made.
Preauthorized payments; Right to stop payment and procedure for doing so
If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how: Call us at 1-800-752-8382, or write us at First Savings Bank of Hegewisch, 13220 South Baltimore Avenue, Chicago, IL. 60633, in time for us to receive your request 3 Business Days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. Except for the fee assessed in accordance with the Fee Schedule for stop payment on a paper check under the Check Payment Method, as defined above for the Bill Pay Service, we not will charge you for each stop-payment order you give on a preauthorized payment subject to this OLB Agreement.
Notice of varying amounts
If these regular payments may vary in amount, we will tell you, 10 days before each payment (however, when it comes to eBill Autopay, as defined above for the Bill Pay Service, the person you are going to pay will tell you), when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Liability for failure to stop payment of preauthorized transfer
If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages proximately caused by us.
If we do not complete a 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 proximately caused by us. However, there are some exceptions. We will not be liable, for instance:
Part C: Business Terms and Conditions for Business Accounts Only
Part C sets forth terms and conditions that only apply to Business Accounts. Specifically, you agree and acknowledge that Part A and Part C of this OLB Agreement apply to Business Account customers.
Authorized User Access
How you may act with regards to Services offered pursuant to this OLB Agreement depends on whether you are a sole proprietor or a non-sole proprietor business customer. Specifically, if you are a sole proprietor account owner of an Account, then you may act alone in using the Services to perform account transactions. Such access is granted completely at the Bank's discretion. Contact us at 1-800-752-838/2 for additional information.
However, if you are a non-sole proprietor business customer (meaning all other businesses) then any individual identified in the Bank's account records as a business Owner, as defined in the applicable Other Agreements, assumes the responsibility to granting access to the Bank’s Service.
Specifically, Owners designate one or more individuals to have access for the Service without the Bank’s prior authorization (hereinafter referred to as a “Web User”) and Owners assume all liability resulting from such designation.
Each authorized Web User designated by the Owner may:
Each designated Web User (who can access the Service because he or she has been authorized by the Owner in addition to the foregoing "View Only Web User'' functionality, may do the following for each Account:
You agree and acknowledge that the Bank will not be liable to you in the instances described in paragraphs (a) through (n) under the heading "Bank's Liability" in Part B above and without regard to the fact that Part B above is for Personal Accounts only and that it specifically applies also to Business Accounts.
In Case of Errors or Questions about your Electronic Fund Transfers
Telephone us at 1-800-752-8382, or write to us at First Savings Bank of Hegewisch, 13220 South Baltimore Avenue, Chicago, IL. 60633 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.
We will need all of the following information:
We must hear from you no later than 60 days after we mailed, delivered, or otherwise made available to you the first statement on which the error or problem appeared. If you do not notify us within 60 days after the first statement that shows these transactions was mailed, delivered, or otherwise made available to you, the account balance indicated on your statement will be considered correct, and we will have no further responsibility or liability to you with respect to such statement and the electronic transactions reflected therein. If you notify us by phone or in person, we may require that you send us your complaint or question in writing.
These procedures do not apply to disputes with a merchant about the quality or delivery of goods or services you authorized and/or purchased using your ATM Card, Debit Card, electronic check, or other electronic transaction. You must settle the dispute directly with the merchant.