ELECTRONIC SERVICES AGREEMENT FOR PERSONAL ACCOUNTS
This Agreement describes your rights and obligations as a user of the Online Banking Service or the Bill Payment Service (“Services”). It also describes the rights and obligations of American Community Bank & Trust. Please read this Agreement carefully. By pressing the I ACCEPT button below, you agree to comply with the terms and conditions of this Agreement.
NOTE: If registering “online” you must scroll down and click the I ACCEPT button at the bottom of this agreement to continue.
The following definitions apply in this Agreement, “Online Banking” is the Internet-based Service providing access to your account(s) under the terms set forth in this Electronic Services Agreement; “Online Account” means any American Community Bank & Trust account from which you will be conducting transactions using a Service; and “Password” is the code sent to you by American Community Bank & Trust for use during the initial sign-on, or the code you select after the initial sign-on, that establishes your connection to the Service. “Time of day” references are to Central Daylight Time, as applicable. “We” or “Us” refer to American Community Bank & Trust, which offers the Services, and which holds the accounts accessed by the Services.
ACCESS TO SERVICES
American Community Bank & Trust will provide online instructions describing how to use the Online Banking Service or Bill Payment Service. You will gain access to your Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your User Code, and your Password.
HOURS OF OPERATION
The Services are available 24 hours-a-day, seven day-a-week, except during special maintenance periods, which generally are scheduled between 11:00 p.m. Sunday night and 4:00 a.m. Monday mornings. For purposes of transactions, American Community Bank & Trust’s business days are Monday through Friday, excluding holidays as determined by American Community Bank & Trust. All Online Banking transaction requests received after 6:00 p.m. on business days, and all transactions which are requested on Saturdays, Sundays or holidays on which American Community Bank & Trust chooses to remain closed, will be processed on the next American Community Bank & Trust business day. American Community Bank & Trust’s business day begins at 8:00 a.m.
USE OF YOUR SECURITY PASSWORD
You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.
IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If your Password has been lost or stolen, call American Community Bank & Trust immediately at 815/338-2300, 8:00 a.m. to 5:00 p.m. (Central Time). Telephoning American Community Bank & Trust is the best way of minimizing your losses. If you believe your Password has been lost or stolen and you tell American Community Bank & Trust within two business days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.00.
BILL PAYMENT SERVICE
The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Pay Account to third parties you wish to pay. If you choose to utilize the Bill Payment Service, you may begin initiating payments two weeks following receipt of your Online Banking User Code and Password. Your “Bill Pay Account” is the account for which you are viewing transactions when initiating a Bill Payment.
Through the Bill Payment Service, you can pay bills from your Bill Pay Account to:
All payments you make will be deducted from the account that you designate as your Bill Payment Account on the Payment Initiation Date. Any payments you wish to make through this Service must be payable in U.S. Dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments (e.g., alimony or child support payments). Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
Funds must be available in your Bill Pay Account, including overdraft lines of credit, on the scheduled Payment Initiation Date. If your Bill Pay Account does not have sufficient available funds to make a payment; transactions may be approved that overdraw your account. The Bank’s current Non-Sufficient Funds (NSF) fee may be charged to your account for each NSF transaction, whether paid or returned.
If your Bill Pay Account does not have sufficient available funds to make a payment, American Community Bank & Trust shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient available funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through Online Bill Pay. Transactions may be approved that overdraw your account. Fees may apply.
You must schedule the Payment Initiation Date at least five (5) business days before any Payment Due Date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee.
If the session during which you schedule a payment or transfer ends by 1:00 p.m. American Community Bank & Trust will be considered to have received it on that day. Otherwise, it will be considered received the following business day. For all entries made using the Service, the time recorded by the Online Banking service controls. The way to cancel or change a payment is use the Bill Payment Service. Payments must be changed or canceled using the Bill Payment Service prior to 1:00 p.m. on the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we will charge you a stop payment fee to stop the bill payment. Stop payment orders, whether oral, written, or electronic, will be in effect for a period of six months. If requested by American Community Bank & Trust, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed to continue in effect. American Community Bank & Trust may pay any item that is presented following the lapse of any stop payment order.
American Community Bank & Trust is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. American Community Bank & Trust will not be liable in any way for delays in mail delivery, for changes to the payee’s address or account number (as long as you notify us five days in advance), for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of American Community Bank & Trust.
BILL PAYMENT GUARANTEE
We will reimburse you for any late payment fees or penalties you are charged up to a maximum of $50.00 per scheduled payment, as a result of the failure of a Business Payee to receive a payment made through the Bill Payment Service by the bill’s actual due date to the extent that the Bank has not refused the transaction if the Bank reasonably believed such refusal is necessary for security reasons, if you meet each of the following conditions:
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. Your account statement is also available on the American Community Bank & Trust Online banking service.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify American Community Bank & Trust immediately by calling us at 815/338-2300, 8:00 a.m. to 5:00 p.m. (Central Time), e-mailing us at firstname.lastname@example.org or writing American Community Bank & Trust at:
American Community Bank & Trust
If you do not notify American Community Bank & Trust 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 American Community Bank & Trust had been notified in time. If a good reason as reasonably determined by American Community Bank & Trust (such as a long trip or hospital stay) delayed you from contacting American Community Bank & Trust, American Community Bank & Trust, at its option, may extend these time periods.
ERRORS AND QUESTIONS
In case of errors or questions regarding an Online Banking or Bill Payment transaction, call American Community Bank & Trust at 815/338-2300, e-mailing us at email@example.com or write us at:
American Community Bank & Trust
We must hear from you at the specified telephone number or address no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. We will need:
If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
You agree that American Community Bank & Trust may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by American Community Bank & Trust shall be considered received within three (3) days of the date sent by American Community Bank & Trust, regardless of whether or not you sign on to the Service within that time frame.
LIMIT OF AMERICAN COMMUNITY BANK & TRUST AND OTHER PROVIDER’S RESPONSIBILITY
American Community Bank & Trust agrees to make reasonable efforts to ensure full performance of Online Banking. American Community Bank & Trust will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under its control which may affect the accuracy or timeliness of messages you send. American Community Bank & Trust 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 American Community Bank & Trust or Other Information Providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. American Community Bank & Trust is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
Neither American Community Bank & Trust nor Other Information Providers are responsible for any computer virus or related problems that may be attributable to services provide by any Access Service Provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. American Community Bank & Trust will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of American Community Bank & Trust’s liability shall be as expressly set forth herein. Under no circumstances will American Community Bank & Trust 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.
AMERICAN COMMUNITY BANK & TRUST RESPONSIBILITY
American Community Bank & Trust will be responsible for your actual losses if they were directly caused by our failure to:
However, we will not be responsible for your losses if:
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
If you send American Community Bank & Trust an electronic mail message, American Community Bank & Trust will be deemed to have received it on the following business day. American Community Bank & Trust will have a reasonable time to act on your e-mail. You should not rely on electronic mail if you need to communicate with American Community Bank & Trust 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 American Community Bank & Trust 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 American Community Bank & Trust shall be considered received within three (3) days of the date sent by American Community Bank & Trust, regardless of whether or not you sign on to the Service within that time frame.
In addition to this Agreement, you and American Community Bank & Trust agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgement 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 American Community Bank & Trust, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct the fees related to this Service from your Bill Pay Account each month.
MODIFICATIONS TO THIS AGREEMENT
American Community Bank & Trust may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
We will disclose information to third parties about your account or the transfers you make:
Information concerning your account history with American Community Bank & Trust will be shared within the American Community Bank & Trust organization. Other information, including information you have given us as part of an application for one of our products and services, or information we have received from a credit bureau or other third party within the organization.
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 Online Banking privileges (including the Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due; if you do not comply with the Agreement governing your deposit or loan accounts; or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
We may convert your account to inactive status if you do not utilize your Bill Payment Service during any consecutive sixty (60) day period. If your account is considered inactive, you must re-enroll before you will be able to schedule any payments through the Service..
To cancel the Bill Payment Service, you must notify American Community Bank & Trust and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the Service. When Bill Payment is terminated, any pre-scheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment Service will be accessed at the end of your statement cycle. You may notify American Community Bank & Trust by one of the following methods:
The laws of the State of Illinois and applicable federal law govern this Agreement.
American Community Bank & Trust offers the benefits and convenience of the Online Banking and Bill Payment services free of charge.
Account research and stop payment charges will be assessed at the rates published in American Community Bank & Trust’s Schedule of Accounting Service Fees.
These fees are subject to change. American Community Bank & Trust will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.