Online
Banking Service Agreement and
Disclosure Statement
By signing an application
and enrollment form (the "Application") to subscribe to
certain internet banking and related services offered by Bank of
Dwight, an Illinois banking corporation, as described in this Service
Agreement and Disclosure Statement (this "Agreement")
and as otherwise made available by the Bank from time to time (collectively,
"Bank of Dwight online banking service"), or by your initial
access to Bank of Dwight online banking service, and in consideration
of our allowing you access to Bank of Dwight online banking service,
you agree to the terms and conditions of this Agreement. Each reference
in this Agreement to the "Bank", "Bank of Dwight",
"we", "us", or "our" refers to Bank
of Dwight, an Illinois banking corporation, and each reference to
"you" and "your" refers to each depositor, borrower,
authorized signer, or authorized user for an account (as defined
below) who is now or hereafter enrolled in any one or more of the
Bank of Dwight online banking services with respect to the account.
Each time you use Bank of Dwight's online banking service constitutes
confirmation by you of your agreement to and understanding of the
terms of this Agreement and any screens that appear on your computer
when you sign on to Bank of Dwight's Web Site. This agreement will
be effective as of the date of our acceptance of this Agreement
as evidenced by our issuance of a PIN to you as provided in Section
3. Please read this Agreement carefully and keep it for future reference.
BROWSER
SECURITY. Bank of Dwight
transmits data Using SSL (Secure Socket Layer) technology that supports
128-bit key encryption. It is important to verify that a secure
connection between your browser and the Internet Banking server
has been established before transmitting any confidential account
information over the Internet. This can be verified by an indicator
on your web browser. Netscape Navigator has a key symbol that appears
in the lower left corner of the screen. When the symbol appears
"solid" transmitted data is being encrypted. When this
symbol appears "broken", a secure session has not been
established. Similarly, Microsoft Internet Explorer has a lock symbol
that appears when data is being encrypted. When this symbol does
not appear, a session is not secure.
HOST
SECURITY. Bank of Dwight's
web server does not connect directly to the Internet. It is buffered
from the Internet through the use of a firewall. All access from
outside the bank must go through this firewall, which screens the
requests and allows only valid http traffic to reach the server.
Bank of Dwight Internet Banking makes use of an ICSA certified firewall.
LINKS.
Links to non-Bank of Dwight websites contained in this site
are offered only as pointers to sources of information on subjects
that may be of interest to users of the Bank of Dwight website,
and Bank of Dwight is not responsible for the content of such sites
as we have no control over what is displayed there. Bank of Dwight
does not guarantee the authenticity of documents at such sites,
and links to non-Bank of Dwight sites do not imply any endorsement
of or responsibility for the ideas, opinions, information, products,
or services offered at such sites. Use of links to any non-Bank
of Dwight site is solely at the user's own risk.
COPYRIGHT/TRADEMARKS.
You acknowledge and agree that all Content is the copyrighted
work of Bank of Dwight or third party content suppliers, and is
protected by US and international copyright laws. The compilation
(meaning the collection, arrangement and assembly) of all Content
is also the exclusive property of Bank of Dwight and is protected
by US and international copyright laws. If you download anything
on this Web Site, you must keep all copyright and other notices
intact. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, or other content obtained from
this Web Site without the prior written authorization of Bank of
Dwight or the third party suppliers. You acknowledge that www.bankofdwight.com,
the Bank of Dwight logo and bankofdwight.com logo, all page headers,
custom graphics, and button icons are service marks and/or trademarks
of Bank of Dwight or it's third party providers, and that all other
trademarks, product names, company names or logos on the Web Site
are the property of their respective owners.
Your
Use of Bank of Dwight Online Banking
In order to use Bank of Dwight online banking services, you must
be at least 18 years of age and reside in the United States. In
consideration of your use of online banking, you agree to provide
true, accurate and current information about yourself as prompted
by the registration and application forms on this Web Site. If any
information you provide is untrue, inaccurate or not current, or
if Bank of Dwight has reasonable grounds to suspect that such information
is untrue, inaccurate or not current, Bank of Dwight, at its sole
discretion, has the right to suspend or terminate your use and refuse
all current or future access to the content and use of the services
or suspend any portion thereof. Further, you agree that Bank of
Dwight will not be liable to you or any third party if Bank of Dwight
terminates your access to the services or content for any reason
1.
Hardware and Software Requirements.
To be able to use Bank of Dwight, you must provide your own access
to the Internet via a personal computer (a "PC"). You are solely
responsible for scanning the Hardware and the Software for computer
viruses and other related problems before you use them.
2.
The Accounts.
- Generally.
You agree to use Bank of Dwight online banking solely for the
services described in this Agreement and designated by you in
the Application or subsequently designated by you as provided
in Section 5, and solely in connection with each deposit account
(collectively, the "Deposit Accounts") and each loan
account (collectively, the "Credit Account") held by
the Bank and designated by you in the Application or subsequently
designated by you as described below (collectively, the "Accounts"),
except as otherwise expressly provided in this Agreement or as
otherwise expressly permitted by us from time to time. Under this
Agreement, there may be multiple accounts, and at least one (1)
of the Deposit Accounts must be a checking account with unlimited
check-writing privileges. You may add any account for which you,
or all of you if more than one, are depositor, borrower, authorized
signer, or authorized user by notifying the Bank or by visiting
any Bank branch office. If you close or delete the only checking
account designated for Bank of Dwight online banking, you will
no longer be able to use Bank of Dwight online banking service
unless you notify Bank of Dwight of the checking account and replace
the one you closed.
3.
Password; Confidentiality of Password.
All Bank of Dwight online banking transactions or inquiries must
be initiated by use of your Bank of Dwight online banking password.
All online banking applications are subject to approval. Once approved,
you will be sent an email telling you that you can now access your
online banking account information. You agree
to login within 30 days. If you do not, you will be removed
from the system and will have to re-enroll. The first time you sign
on Bank of Dwight online banking, you will be required to select
a new password. You may change your password from time to time,
as provided in the software. It is recommended that you do not use
your social security number, birthdays, names, or other codes that
may be easy for others to determine as your password. No Bank employee
will ever ask for your password, nor should you provide it to anyone
unless you intend to allow that person access to your accounts,
nor will we send you emails requesting that you connect via links
to our website. YOU AGREE TO KEEP YOUR PASSWORD
CONFIDENTIAL. USE OF THE PASSWORD BY YOU OR BY ANY OTHER PERSON
WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN
SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST
COMMUNICATED THROUGH Bank of Dwight ONLINE BANKING. You
agree that any Bank of Dwight online transaction or request initiated
by use of the password will be subject to and governed by this Agreement.
If you authorize another
person to use your password, that person can use Bank of Dwight
online to view any information or initiate any transaction on any
of the accounts to the same extent as you, including viewing information
or initiating transactions on accounts to which that person does
not otherwise have access. As such, your sharing of your password
is strongly discouraged by the Bank, and done at your sole risk
and peril.
If you believe that the
confidentiality of your password has been compromised, you agree
to notify Bank of Dwight immediately and you agree to change your
password.If a third party should gain access to your password, you
alone are responsible for changing the password so as to deny the
third party's access to your banking information. Given the electronic
nature of these transactions, the Bank shall have no liability to
you in the event a third party should gain access to your password
through no fault of the Bank.
You should always exit
Bank of Dwight online after you finish viewing your accounts. Never
leave your computer unattended while accessing Bank of Dwight online.
If you should, a third party may be able to access your accounts
from your terminal, without ever needing to use your password and
you would be responsible for that activity.
4.
Business Days. Business
days for the Bank and for Bank of Dwight online are Monday through
Friday, excluding Federal Holidays. You may access the accounts
through Bank of Dwight online 24 hours a day, seven days a week,
except that Bank of Dwight may perform regular maintenance on our
systems or equipment, which may result in errors or interrupted
service. We may also find it necessary to occasionally change the
scope of our services. Bank of Dwight cannot guarantee that we will
be able to provide notice of such interruptions and changes, although
we will attempt to provide such notice.
5.
Online Services. You
may use Bank of Dwight online to perform any of the following services
designated by you in the Application or subsequently added by you
as provided below:
- To receive and download
balance and transaction information for Bank of Dwight accounts;
- To transfer funds
between any authorized Deposit Accounts, such as checking, savings
or money market deposit accounts;
- To transfer funds
from any authorized Deposit Accounts, such as checking, savings
or money market deposit accounts to make payments to any authorized
loan accounts;
- To export account
information into a formatted file. This file will be downloaded
onto your computer where it will be available for import into
a personal financial management software program;
- To initiate a stop
payment on a check;
- To order checks for
your authorized accounts;
- To receive your monthly
statements online;
- To apply for products
and services;
- To pay bills electronically
from a Deposit Account that is a checking account with unlimited
check-writing privileges; and
- To receive e-mail
from and transmit e-mail to the Bank, all as described in this
Agreement and the Software. You may sign up for or cancel any
service by contacting Bank of Dwight. As used in this Agreement,
the term "electronic fund transfer" has the meaning
provided for that term in Regulation E and includes, without limitation,
a bank transfer or bill payment (other than a bill payment made
by check or other paper item), as these terms are defined below.
6.
Transfers to and from Accounts.
- Deposit
Accounts. You may use Bank of Dwight to initiate electronic
fund transfers from one Deposit Account that is a checking, savings
or money market deposit account to any other Deposit Account that
is a checking, savings or money market deposit account, as provided
in this Agreement. These types of transactions are referred to
in this Agreement as "bank transfers".You will provide
a list of deposit accounts that may be used for bank transfers
during the setup process.
- Authorization.
You expressly authorize us to debit the appropriate Deposit Account
in the amount of any bank transfer initiated through Bank of Dwight
online banking by you or by any other person who is authorized
to use your password. You agree that we may treat any such bank
transfer from a Deposit Account the same as a duly executed written
withdrawal, transfer, or check and that we may treat any such
bank transfer to a Deposit Account the same as a deposit, all
in accordance with the terms of this Agreement and your deposit
agreement(s) with us.
- Limitations.
Your ability to initiate bank transfers between Deposit Accounts
may be limited by federal law or by the terms of your deposit
agreement with us. Bank transfers from Deposit Accounts that are
savings or money market deposit accounts are limited as required
by federal regulation. You agree that we may, without notice or
other obligation to you, refuse to make any bank transfer for
security reasons or as otherwise expressly provided in this Agreement
or your deposit agreement with us. You cannot post-date bank transfers
or schedule bank transfers for future dates.
- Time
of bank transfers; posting; funds availability. If you
initiate a bank transfer of available funds on or before three
(3:00) p.m. Central Standard Time ("Central") on a business day,
the bank transfer will be posted to the Deposit Account on the
same business day. If you initiate a bank transfer other than
before three (3:00) p.m. Central on a business day, the bank transfer
will be posted on the next business day. Transferred funds will
be available for withdrawal on the business day following the
business day the bank transfer is posted to the Deposit Account.
Please refer to the following schedule for posting and funds availability
information (intervening holidays will alter this schedule):
|
If bank transfer
is initiated before
3 p.m. Central Time
|
Funds will
be
posted on:
|
Funds will
be
available on:
|
|
|
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
|
Monday
Tuesday
Wednesday
Thursday
Friday
Monday
Monday
|
Tuesday
Wednesday
Thursday
Friday
Saturday
Tuesday
Tuesday
|
Except as expressly
otherwise provided in this Section, transferred funds will be
available for transfer and withdrawal as provided in our Schedule
of Funds Availability (the "Schedule of Funds Availability").
The schedules provided in this Section are subject to the provisions
of Section 17 and 18.
- Documentation.
You will get a monthly account statement from us.The statement
will be presented via your Bank of Dwight Online Banking account
and will combine all authorized accounts.The statement will list
all transactions generated via Online Banking.
7.
Account Information. You
may use Bank of Dwight online banking to receive, download, and
store or print information regarding an account that is routinely
set forth in the statement for the Account, debits and credits made
to the account, amounts and item numbers for items drawn on the
account (if applicable), and the daily account balance (including
interest credited to a Deposit Account and finance charges accrued
on a Credit Account). All account information provided via Bank
of Dwight online banking will be current as of the end of the preceding
business day, will not reflect bank transfers or bill payments made
since the end of the preceding business day, and is subject to further
adjustment and correction. Because the information is made available
to you is "raw data" furnished through the Service Provider
and is subject to change, we cannot assure you of the accuracy or
completeness of the information and expressly disclaim the same.
You will still receive your usual periodic statement of account,
and adjustments may have been made to your account in connection
with the preparation of your statement.
8.
Bill Payment Service Offered by Metavante.
- Payment
Accounts. If you have enrolled in the optional bill payment
service, you may use Bank of Dwight online banking to initiate
payments from any Deposit Account that is a checking account with
unlimited check-writing privileges (a "Payment Account")
to pay obligations owed to certain third parties in the United
States, including, without limitation, any Bank of Dwight mortgage,
installment loan, credit card or line of credit account, These
types of transactions are referred to in this Agreement as "bill
payments". You may initiate individual bill payments and
may pre-authorize recurring bill payments. You must designate
the account used to process bill payment debits and any applicable
fees.
- Authorization.
You agree that we may treat any bill payment that was initiated
though Bank of Dwight online banking by you or by any other person
who is authorized to use your password the same as your duly executed
written payment order or check, all in accordance with the terms
of this Agreement and your deposit agreement with us.
- Time
of bill payments. Each bill payment must be initiated
a certain number of business days before the business day that
you want the bill payment to be made (the "Payment Date").
This number of business day is referred to as the "lead time".
The lead time for the payee will be approximately 3 - 4
business days for electronic payments and approximately 5 business
days by check. A bill may be paid as quickly as 48 hours from
the receipt of your request. You should schedule each bill payment
to be made prior to the due date of the bill payment. If you do
not schedule a bill payment on time or if you do not otherwise
initiate a bill payment properly, you will be solely responsible
for any late charges, finances charges, or other costs resulting
from failure to make the bill payment on time. You will be solely
responsible for all inputting errors.
- Checks.
If the payee cannot or will not accept a bill payment by electronic
fund, a check will be generated and submitted to the payee. Although
the check will not be signed by you, you agree that any check
issued in this manner to make a bill payment initiated in accordance
with this Section will be deemed authorized and may be paid by
the Bank from the Payment Account.
- Returned
or rejected bill payments. If a bill payment is returned
or rejected, whether by Bank of Dwight, Metavante, or any third
party (including, without limitation, an intermediary bank or
the payee's bank), then either Bank of Dwight or Metavante will
notify you and you will be solely responsible for re-initiating
the bill payment. You agree to furnish to Bank of Dwight and/or
Metavante such information as it may request to resolve any error
or inquiry arising out of your initiation of any bill payment(s).
Blocks on Accounts. A block
is automatically placed on accounts that have payments rejected
by Bank of Dwight. No additional bill payments will be processed
until the account is properly funded and the return(s) cleared.
If a payment request is received while the account is blocked,
a letter is sent notifying the customer that the payment(s) is
not processed, and a copy is sent to Bank of Dwight. The block
prevents further bill payments from being processed and, in some
cases, access to services is denied. This block remains in place
for five business days, or until the item is paid.
1. Once a debit is resent, the bill payment account remains blocked
for five business days. During the
time the account is blocked, no payments are processed. Payments
that are scheduled during this period must be rescheduled.
2. On the fifth business day, if no subsequent debit returns are
received, the account is unblocked. Consumers will be able to
access their bill payment accounts on the sixth business day once
updates are received and processed to Metavante's server.
- Cancellation
or stop payment of bill payments; revocation of authorization.
You may review, change or cancel bill payments online without
an additional charge while the bill payment request is in the
"Pending Payments" screen.Once the transaction is completed, it
is moved from the "Pending Payments" screen to the "Bill Payment
History" screen and cannot be cancelled or changed. A charge of
$10.00 will be assessed to process that order. You may call the
Bank to request the stop payment but, we will also require you
to put your request in writing and deliver it to us no later than
fourteen (14) days after you call. Except as expressly otherwise
provided in this Section, stop payment orders will be subject
to the applicable provisions of the Deposit Account Agreement
that you signed when opening your Deposit Account at Bank of Dwight.
You may not stop payment of any type of online transfer other
than a bill payment. You may revoke your authorization for future
recurring bill payments by deleting the bill payment instructions,
as provided in the online bill pay system, by notifying the Bank,
or by canceling the bill payment service.
- Inconsistent
name and number appearing in a bill payment order. If
a bill payment initiated by you describes the intended recipient
of funds inconsistently by name and account number, you agree
that payment by the receiving bank (which may be the Bank) may
be made on the basis of the account number alone even if that
account is not owned by the person named in the bill payment.
If a bill payment identifies an intermediary bank or the payee's
bank inconsistently by name and identifying number, you agree
that we may rely solely on the number as the proper identification
of the intermediary bank or the payee's bank even if it identifies
a bank different from the bank identified by name. To the extent
permitted by applicable law, you acknowledge and agree that your
obligation to pay us the amount of the bill payment will not be
excused in any circumstance described above and that you will
reimburse us for any losses or expenses we incur as a result of
our reliance of the identifying number provided in the bill payment.
Electronic
Mail Service. We
also provide e-mail for you to communicate with the Bank.You may
ask questions about your account(s) or maintenance and/or problem
resolution issues, or to give your comments regarding our products
and services. E-mail is not a secure method of communication over
the Internet and we recommend that you do not send confidential
information by e-mail.
E-mail may not be used
to initiate transactions on your account(s). E-mail transmitted
by you to us via Bank of Dwight online often will not be delivered
to us immediately. If you need to
contact us immediately to stop payment, to report an unauthorized
use of your password, to report unauthorized access to an account,
or for any other reason, you should call us at (815) 584-1855.
We will not be responsible for acting on or responding to
any e-mail request made Bank of Dwight online banking until we actually
receive your e-mail message and have a reasonable opportunity to
act. You should check your e-mail regularly; we will attempt to
notify you by e-mail in the event of any technical difficulties
or other occurrence that may affect your use of Bank of Dwight online
banking.
10. Electronic
Delivery of Banking Notices. Bank of Dwight will
deliver all notices allowed under Federal law and regulation (as
promulgated by the FDIC, Federal Reserve Bank, FFIEC, or any other
body given governing authority over Bank of Dwight) via e-mail or
posted within your online banking system.To that end, you agree
to receive all such notices electronically and you agree to provide
your current e-mail address to Bank of Dwight for those purposes.
11.
Additional Service. We
may, from time to time, make additional services available through
Bank of Dwight online banking. We will notify you of the availability
and terms of these new services. By using these additional services
when they become available, you agree to be bound by this Agreement
and any additional instructions, procedures and terms provided to
you with respect to each of these new services.
12.
Fees and Charges. In
consideration of our making the Bank of Dwight online services available
to you, you agree to pay, and you authorize us to automatically
debit to the billing account designated on the Application (the
"Billing Account") on the 5th or 6th
business day of each month, the following non-refundable charges
for the preceding calendar month:
Access
to the Bank of Dwight web site is furnished at no charge to the
customer. Bank of Dwight has not instituted a charge for viewing
your accounts, or completing transfers to and from your individual
accounts.
For
customers utilizing the "Bill Payment Service", a monthly
fee of $4.95 will be waived as long as at least one bill is paid
each month. If no bills are paid during the month a fee of $4.95
will be charged(debited) against your account.
These charges will not
be prorated for portions of a month and may be changed pursuant
to Section 21 of this Agreement. You will be solely responsible
for all tariffs, duties, or taxes imposed by any government or governmental
agency in connection with any transfer made pursuant to this Agreement
and for all telephone charges, Internet access service charges,
tools tariffs, and other costs for online sessions initiated by
you. There may be other costs and charges associated with your accounts.
Please refer to the service schedule for details.
13.
Errors and Adjustments. We agree to correct any
error made in crediting or debiting any account by making the appropriate
adjustment to your account balance. You agree to repay promptly
any amount credited to your account in error, and you authorize
us to initiate a debit transfer to any account to obtain payment
of any erroneous credit.
14.
Account Reconciliation. The Deposit Account statements
or other notices provided to you by us will notify you of (a) the
execution of bank transfers or bill payments and the debits to the
Deposit Account made with respect to such bank transfers and bill
payments, and (b) amounts debited by the Bank from the Billing Account
or any other account for payment of the services or other charges
pursuant to this Agreement. You agree that we will not be required
to provide any other notice to you of the execution of bank transfers,
bill payments, or debits. You agree to promptly examine each statement
for a Deposit Account and to promptly report any discrepancies between
your records and the Deposit Account statements or any other notices
mailed by the Bank to you, as provided in Section 19.
15.
Settlement of Obligations. To the fullest extent
permitted by applicable law, you authorize us to obtain payment
of your obligations to us under this Agreement from time to time
by (a) initiating debit or credit transfers to any of the accounts
or (b) deducting the payment from the amount of any bank transfer
or bill payment. Such obligations include, without limitation; fees
owed to us and settlement for bank transfers or bill payments initiated
through Bank of Dwight online banking. At the time any account is
closed (whether by you, by us, or otherwise) or any Bank of Dwight
online service is terminated (whether by you, by us, or otherwise),
you agree that all such obligations will be immediately due and
payable to us, and you authorize us to withhold the amount of any
such obligations from any account. Debiting an account or deducting
payment from the amount of any bank transfer or bill payment is
not the Bank's exclusive remedy under this or any other section
of this Agreement, and the Bank will not be deemed to have made
an election of remedies by making any such debit or deduction on
any one or more occasions.
16.
Bank's Liability for Failure to Make or Stop Certain Electronic
Fund Transfers. If we do not complete an electronic
fund transfer to or from a Deposit Account in a reasonable amount
of time or in the correct amount according to our agreement with
you, we will only be liable for your direct losses or actual damages,
except in the following instances:
- If, through no fault
of ours, you do not have enough money in the Deposit Account (or
any linked account) to make the electronic fund transfer or the
account has been closed.
- If the electronic
fund transfer would go over the credit limit on any check overdraft
protection line of credit account linked to the Deposit Account.
- If you have not completely
and properly followed the terms of this Agreement or instructions
provided by the Software regarding how to make an electronic fund
transfer or you have not given complete, correct and current instructions
so that a transfer may be made.
- If any data or instruction
transmitted via Bank of Dwight online banking are inaccurate or
incomplete.
- If you do not initiate
an electronic fund transfer according to the time limits set forth
in this Agreement and the online Payee list, or if the payment
amount requested is less than the full amount due.
- If the electronic
fund transfer has been transferred from the Deposit Account to
a third party, including, without limitation, any third party
through which payment is made and any payee or its financial institution.
- If the Hardware, the
Software, the Service Provider, or any part of the Bank of Dwight
online system, including the bill payment service, was not working
properly and you knew about the breakdown when you started your
electronic fund transfer.
- If circumstances beyond
our control, such as an act of God, failure, delay, or error on
the part of any third-party service provider (including, without
limitation, the Service Provider, the United States Postal Service
or any other delivery service), power outage, difficulty with
telephone or cable lines or satellite communications, difficulty
with any Hardware, the Software, or the Service Provider, computer
virus or related problem, or cessation of the operation of the
Service Provider or the arrangement between the Bank and the Service
Provider, prevent or delay the electronic fund transfer, despite
reasonable precautions that we have taken.
- If the money in your
account(s) is subject to legal process or other claim restricting
such transfer.
- If the funds in the
Deposit Account are unavailable (funds are only conditionally
credited until they become available for withdrawal).
- If your password has
been reported lost or stolen or if we have any other reason to
believe that an electronic fund transfer may be erroneous or unauthorized.
- If you, any joint
holder, or an authorized cosigner on a Deposit Account has requested
that we stop payment of the electronic fund transfer.
- If you have exceeded
the limitations on the number of withdrawals or transfers allowed
during the statement period for the type of Deposit Account you
have with us (e.g., certain types of savings accounts, including
money market deposit accounts).
- There may be other
exceptions stated in this or any other applicable agreement that
we may have with you.
17.
Limits on Bank's Liability. Our liability for electronic
fund transfer made to or from Deposit Accounts is also governed
by Sections 16 and 18. If any provision herein is inconsistent with
any provision of Section 16 or Section 18 or any provision of applicable
law that cannot be varied or waived by agreement, the provisions
of those Sections or applicable law shall control. To the fullest
extent permitted by applicable law, you agree that we will have
no liability whatsoever for any loss, damage, or claim arising out
of any delay or failure in the performance of any Bank of Dwight
online service in accordance with the terms of this Agreement, including
but not limited to, that resulting from our negligence. Our duties
and responsibilities to you are strictly limited to those described
in this Agreement, except with respect to any provisions of the
law applying to electronic fund transfers that cannot be varied
or waived by agreement. In no event will the Bank be liable for
any consequential, special, or punitive damages or for any indirect
loss that you may incur or suffer in connection with the service
(even if the Bank has been informed of the possibility of such damages),
including, without limitation, attorneys fees. The Service Provider
is an independent contractor and not the Bank's agent. The Bank's
sole duty shall be to exercise reasonable care in the initial selection
of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED
WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE BANK WITH RESPECT
TO ANY Bank of Dwight ONLINE SERVICE OR THE SOFTWARE, AND THE BANK
HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those
provided by the licensor of the Software and set forth on the Software
package. To the fullest extent permitted by applicable law, and
without limiting the generality of the foregoing, the Bank shall
not be liable at any time to you or any other person for any loss,
charge, fee, penalty, expense or other damage resulting from any
failure or delay of the performance of the bank's responsibilities
under this Agreement which is caused or occasioned by any act or
thing beyond the Bank's reasonable control, including, without limitation,
legal restraint, interruption of transmission or communication facilities,
equipment failure, electrical or computer failure, war, emergency
conditions, acts of God, fire, storm, or other catastrophe, or inability
to obtain or delay in obtaining wire services or Internet access,
or refusal or delay by the Service Provider or another bank or financial
institution to execute any bank transfer or bill payment. In addition,
the Bank shall be excused from any failure or delay in executing
a bank transfer or bill payment, if such execution would result
in the violation of any applicable state or federal law, rule, regulation
or guideline. To the fullest extent permitted by applicable law,
you agree that the Bank shall not have any liability whatsoever
for any loss caused by the act, error, or omission of you or any
other person, including, without limitation, the Service provider,
any Internet access service provider, any federal reserve bank or
transmission or communications facility or any intermediary or receiving
financial institution, and no such person shall be deemed the Bank's
agent.
18.
Your Liability for Unauthorized or Erroneous Transfers.
To the fullest extent permitted by applicable law, you agree to
be responsible for all unauthorized or erroneous transactions initiated
through Bank of Dwight online banking. You have the obligation to
immediately notify the Bank if your password has been lost or stolen,
or if someone has transferred funds from your account through Bank
of Dwight online without your permission (or is contemplating do
so). The following provisions of this Section apply only to your
liability for unauthorized electronic fund transfers. An "unauthorized
electronic fund transfer" means an electronic fund transfer
from a Deposit Account that is initiated by another person without
your authority to initiate the electronic fund transfer(s) and from
which you receive no benefit. The term does not include Bank of
Dwight online electronic fund transfer that is initiated by a person
to whom you furnished your password. We may require that the notice
be in writing. You could lose all the money in your Deposit Account,
some or all of the money in any linked account, or up to your maximum
overdraft line of credit if you have a check overdraft protection
line of credit, if you fail or refuse to immediately advise the
Bank of the unauthorized use of your password. If your statement
shows electronic fund transfers that you did not make, tell us at
once. If you do not tell us within sixty (60) calendar days after
the statement was mailed to you, you shall not be entitled to assert
a claim against the Bank, nor be entitled to any damages from the
Bank, as to said unauthorized transfers. This sixty (60) day limitation
is without regard as to the standard of care exercised by the Bank.
If you believe your password has been
lost or stolen or that someone has transferred or may transfer money
from a Deposit Account without your permission call: (815)
584-1855
Or write:
Bank
of Dwight
132 E. Main St.
Dwight, IL 60420
19.
Rejection of Payment Orders; Overdrafts. You acknowledge
that the Bank or the Service Provider may from time to time, in
its sole discretion, reject any bank transfer or bill payment request
(any "payment order") or return any bank transfer or bill
payment (a) if there are insufficient or unavailable funds in the
Deposit Account or the Deposit Account has been closed or is frozen,
(b) if the payment order does not conform to the terms of this Agreement
or the Software, or (c) if the payment order appears to be a duplicate,
but neither the Bank nor the Service Provider is under any obligation
to recognize that a payment is a duplicate and you should not rely
on the Bank or the Service Provider to do so. If a payment order
is rejected or a bank transfer or bill payment is returned, either
the Bank or the Service Provider will notify you and you will have
the sole obligation to remake the payment order in accordance with
the terms of this Agreement and the Software. The Bank or Service
Provider will make two attempts to present the bill payment request
in the event that there are insufficient or unavailable funds in
the Deposit Account.The Bank or the Service Provider may from time
to time, in its sole discretion and without any obligation to do
so, execute any payment order or make any bank transfer or bill
payment even though an overdraft to the account results. To the
extent permitted by applicable law, you agree that neither the Bank
nor the Service Provider will have any liability whatsoever for
refusing to accept any payment order or rejecting or returning any
bank transfer or bill payment. If an overdraft occurs in a Deposit
Account, you agree to cause sufficient available funds to pay the
amount of the overdraft to be deposited into or credited to the
Deposit Account before the end of that business day. Any overdraft
existing at the close of a business day is immediately due and payable
without notice or demand.Further terms and conditions related to
the online bill pay service are submitted for your review and acceptance
during the online bill pay service application process.
20.
Disclosure of Deposit Account Information to Third Parties.
You agree that we may from time to time disclose to third parties
information about your Deposit Account or the transactions that
you make through Bank of Dwight online banking. We will disclose
information to third parties about your Deposit Account or the transfers
you make:
- Where it is
necessary for completing bank transfers or bill payment or providing
any other service in connection with Bank of Dwight online banking;
or
- In order to
verify the existence and condition of your Deposit Account for
a third party, such as a credit bureau or merchant; or
- In order to
comply with government agency or court orders; or
- If you give
us your written permission.
21.
Other Agreements; Severability; Governing Law.
The terms and conditions of this Agreement are cumulative
with and in addition to any terms of the signature cards or account
agreements for your Deposit Account(s), the applicable account disclosures,
the Funds Availability Notice, the Bank's Electronic Fund Transfer
Agreement and Disclosure Statement, the agreements governing the
Credit Accounts, and the Application, all as may be amended from
time to time. In the event of any conflict between this Agreement
and the content of the Software or any related materials regarding
the Bank's obligations to you, the terms of this Agreement will
control. If any provision of this Agreement is unlawful or unenforceable,
each such provision or writing will be without force and effect
without thereby affecting any other provision hereof. No consumer
protection provision of the federal Electronic Fund Transfer Act
or Federal Reserve Board Regulation E is intended to be waived by
you under this Agreement unless the waiver is permitted by law.
The parties agree to be bound by the operating rules and guidelines
of the National Automated Clearing House Association and the applicable
local automated clearing house association as in effect from time
to time with respect to all automated clearing house transfers made
hereunder. This Agreement will be governed by the substantive laws
of the United States, applicable federal regulations, and to the
extent not inconsistent therewith, the laws of the state where our
offices holding the account(s) is located, without regard to such
state's rules regarding conflict of laws.
22.
Amendments. We may amend this Agreement from time
to time. Each amendment will be effected by our mailing or otherwise
delivering the amendment, revised agreement and/or notice thereof
to you in accordance with applicable federal and state laws. If
no federal or state law specifically governs the amendment, the
amendment shall be effected by mailing or otherwise delivering it
to you or positing it in our full-service branch offices at least
10 calendar days prior to the effective date of the amendment. Notwithstanding
the foregoing and to the extent permitted by applicable law, we
may change any term of this Agreement without prior notice or obligation
to you: (a) if the Software or the Service Provider changes any
term without providing us sufficient notice to enable us to properly
notify you; (b) for security reasons; (c) to comply with applicable
law; or (d) as otherwise expressly provided in this Agreement.
23.
Termination. You agree that we may cancel or restrict
your use of Bank of Dwight online banking or any Bank of Dwight
online service at any time upon such notice (including e-mail) as
is reasonable under the circumstances. You may Bank of Dwight online
by written request to the Bank at any time. If you cancel the bill
payment service, all pending and/or recurring bill payments will
be automatically canceled.Online service fees will not be prorated.
24.
Assignment. You may not assign all or any part of
your rights or obligations under this Agreement without our prior
express consent, which may be withheld in our sole discretion. We
may assign or delegate all or any part of our rights or obligations
under this Agreement, including, without limitation, the performance
of the services described herein. This Agreement will be binding
on and inure to the benefit of the successors and assigns of either
party.
25.
No Third-Party Beneficiaries. This Agreement is
for the benefit of you and the Bank and is not intended to grant,
and shall not be construed as granting, any rights to or otherwise
benefiting any other person, except as expressly otherwise provided
in this Agreement.
CHOICE
OF FORUM AND JURY TRIAL WAIVER.
In the event any litigation is instituted to enforce or interpret
the terms of this Agreement, you agree that the exclusive forum
therefore shall be the Circuit Court of Livingston County, Illinois.
In the event that the Bank is the prevailing party, the Bank shall
be entitled to reimbursement for all reasonable attorneys' fees
and costs incurred including, but not limited to, those incurred
incident to any appeal. YOU AND THE BANK HEREBY WAIVE THE RIGHT
TO TRIAL BY JURY OF ALL DISPUTES, CONTROVERSIES AND CLAIMS BY, BETWEEN
OR AGAINST EITHER YOU OR THE BANK WHETHER THE DISPUTE, CONTROVERSY
OR CLAIM IS SUBMITTED TO ARBITRATION OR IS DECIDED BY A COURT.
OWNERSHIP
of MATERIALS. The content and information on our
site is the property of Bank of Dwight.
It should not be duplicated or copied by any means.
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