March 20, 2006
1. What this
Agreement Covers.
This Personal Internet Banking Agreement (Agreement) between you and Cole Taylor
Bank (CTB) governs your access to and use of CTB’s Internet banking product,
ColeTaylor Online (Internet Banking), a system that permits customers to access
certain banking services using the Internet. You agree that all Internet Banking
access to and activity on your account(s) and the account(s) for which you
have signatory authority (collectively, Designated Accounts) shall be undertaken
subject to the terms and conditions of this Agreement. This Agreement is in
addition to the terms of the Rules and Regulations Regarding Deposit Accounts
(Disclosure). You agree to review the terms of this Agreement and the Disclosure
before initiating the first Internet Banking transaction, and further agree
to review any updates thereto that CTB may provide from time to time. Each
individual requesting Internet Banking access must accept the terms of this
Agreement, and each shall receive his or her own User ID and Password.
2. Maintaining
Confidentiality of Password.
You will choose a Password which, in conjunction with the User ID, is needed
to access the Designated Accounts via Internet Banking. You agree not to give
the User ID or Password to any person not authorized to access the Designated
Accounts and to otherwise keep the User ID and Password confidential, and agree
to accept all liability that legally can be imposed on you for each use of
the User ID and Password, whether or not authorized by you. Please refer to
Section 13 of this Agreement for information regarding your ability to limit
your responsibility for unauthorized transfers.
3. Accessing
Internet Banking.
You shall be solely responsible for obtaining, installing, maintaining and
operating all computer hardware and software, and for obtaining all services
(including Internet access services) (Access Services), necessary for accessing
and using Internet Banking. You shall be responsible for all Access Services
charges.
4. Your Instructions.
You authorize CTB to carry out instructions given to CTB through Internet Banking
as if those instructions were written orders bearing your signature. CTB
shall be responsible for acting only on those instructions sent through Internet
Banking which are actually received, and neither CTB nor any agent or independent
contractor of CTB (Service Providers) assume any responsibility for malfunctions
in communications facilities or equipment not under CTB's or Service Providers'
control that may affect the accuracy or timeliness of instructions you send.
Neither CTB nor our Service Providers shall be responsible for any losses,
errors, failures or delays in the transmission of instructions caused by
the malfunction or failure of your hardware or software, arising out of the
use of any Access Services or relating in any way to any computer virus.
Neither our Service Providers nor CTB shall be responsible if you give incorrect
or untimely instructions through Internet Banking. You may cancel any Internet
Banking instructions by calling 847-653-7978 to speak with a Customer Service
representative prior to 4:00 P.M. Central Time on the day the instructions
are to be carried out by CTB.
5. Internet
Banking Services.
You may use Internet Banking to access a variety of banking services. You may:
(a) transfer funds between Designated Accounts whenever you request; (b) obtain
current balance and other deposit account information; (c) review images of
your cleared checks; (d) obtain loan account information; (e) borrow from your
home equity line of credit with funds deposited into a Designated Account;
(f) make payments from a Designated Account to your home equity line of credit
or other credit line; (g) request stop payment on checks; (h) submit check
reorder requests; (i) pay bills and obtain other services which CTB may add,
from time to time. When you instruct CTB to transfer funds between Designated
Accounts, you authorize CTB to withdraw the necessary funds from the specified
Designated Account. Subject to the following provisions, transfers will occur
on the day designated by you. CTB reserves the right not to make transfers,
which would exceed the balance of collected funds in the Designated Account
from which the funds are being transferred. Subject to the Disclosure, transfers
initiated or scheduled on days which are not business days and same-day transfers
initiated after 7:00 P.M. Central Standard Time (CST) will be processed on
the next business day. You agree that CTB and our Service Providers have no
responsibility or liability for any damages, expenses, charges or liabilities
which may occur as a result of any failure, delay or omission on the part of
CTB or our Service Providers, except as may be imposed by law.
6. Limitations
on Frequency of Transfers.
You acknowledge that if any of the Designated Accounts are money market or
savings accounts, federal regulation generally permits a maximum of six (6)
fund transfers from such accounts per calendar month or statement cycle of
at least four (4) weeks. If you violate these limitations, federal regulation
would require CTB to stop paying interest on these accounts or to close them.
7. Fees.
There are currently no transaction fees or monthly service charges for using
Internet Banking, except as provided in this Agreement or any other agreement
relating to services to be provided using Internet Banking. Please note,
however, that your use of any banking services available through Internet
Banking, when administered by a Customer Service representative, will result
in a fee as specified in CTB's then-current Fee Schedule(s). You will be
notified, as required by applicable law, of any changes CTB makes to current
fee schedules for use of Internet Banking services. You are responsible for
any fees or charges for underlying banking services as specified in the Fee
Schedule(s) as amended from time to time. Any such fees or charges will be
debited from the Designated Account.
8. Business
Days.
Our business days are Monday through Friday. Federal holidays are not included.
9. Termination;
Amendments and Changes in Fees.
This Agreement shall remain in effect until it is terminated by you or CTB.
You may terminate this Agreement at any time by notifying CTB in writing at,
Cole Taylor Bank, Customer Service Department, P.O. Box
88481 , Chicago, Illinois 60680. You agree that CTB may limit,
suspend or discontinue Internet Banking services, in whole or in part, or terminate
this Agreement at any time for any reason without prior notice. You further
understand and agree that CTB may from time to time at our option change the
Internet Banking services or amend the terms of this Agreement, including fees
charged for using Internet Banking. You will be notified of any such changes
or amendments as required by applicable law and agree that, by using Internet
Banking after a change or amendment becomes effective, you shall be deemed
to have agreed to the change or amendment. Termination of this Agreement shall
not terminate your account relationship or other agreements with Cole Taylor
Bank.
You agree that the Bank shall have the right, exercised at its sole discretion,
to disable your access to the Designated Accounts via Internet Banking after
ninety (90) days of inactivity.
10. Confidentiality.
CTB may disclose information to third parties about the Designated Accounts
or the transfers you make: (a) where it is necessary for completing transfers;
(b) in order to verify the existence and condition of the Designated Accounts
for a third party, such as a credit bureau or merchant; (c) in order to comply
with government agency or court orders; (d) if you give CTB your written
permission or (e) as required under applicable law, or as otherwise provided
in the Privacy Disclosure.
11. Arbitration
and Waiver of Jury Trial.
All controversies, disputes or claims arising out of or related to this Agreement,
including without limitation controversies regarding the validity of this Agreement
and any compulsory counterclaims (as defined by Rule 13 of the Federal Rules
of Civil Procedure), but, excluding collections of amounts due to CTB, will
be submitted for binding arbitration to the Chicago, Illinois office of the
American Arbitration Association on demand of you or CTB. Such arbitration
proceeding will be conducted in Chicago, Illinois, and will be heard by one
arbitrator in accordance with the then-current rules of the American Arbitration
Association. All matters relating to arbitration will be governed by the Federal
Arbitration Act (9 U.S.C. section 1, et seq.) and not by any state arbitration
law. The decision and award of the arbitrator shall be binding and conclusive
upon both you and CTB, and enforceable in any court of competent jurisdiction.
The arbitrator will have the right to award or include in the award any lawfully
appropriate relief and to assess costs or expenses to either you or CTB, or
both. The provisions of this Section 11 will continue in full force and effect
subsequent to and notwithstanding the termination of this Agreement. You and
CTB hereby expressly agree to waive any right to a trial by jury in connection
with any controversies, disputes or claims arising out of or related to this
Agreement.
12. Reliability
of Information; System Downtime.
Any information furnished by CTB's Service Providers and CTB is believed to
be reliable but is not guaranteed. Neither CTB's Service Providers nor CTB
shall be liable for any deficiencies in such information or for any decision
made using this information. Although CTB strives to ensure full performance
of Internet Banking, neither CTB nor our Service Providers shall be liable
for any losses resulting from your inability to access Internet Banking due
to system downtime: (a) caused by circumstances beyond CTB's reasonable control;
or (b) due to necessary maintenance, system upgrading or similar circumstances.
Please refer to Section 16 for information regarding CTB's liability for failure
to make transfers.
13. Consumer
Liability.
Please contact CTB Customer Service AT ONCE if you believe your User ID and
Password has been lost or stolen or you believe that your computer has been
hacked. Prompt notice to CTB will help to minimize your losses. You could lose
all the money in your account (plus any maximum overdraft line of credit).
If you contact CTB within two (2) business days, you can lose no more than
Fifty Dollars ($50) if someone used your User ID and Password without your
permission. If you do NOT contact CTB within two (2) business days after you
learn of the loss or theft of your User ID and Password, and CTB can prove
CTB could have stopped someone from using your User ID and Password without
your permission if you had contacted CTB, you could lose as much as Five Hundred
Dollars ($500). Also, if your statement shows transfers that you did not make,
please contact CTB at once. If you do not contact CTB within sixty (60) days
after the statement was mailed to you, you may not get back any money you lost
after the sixty (60) days if CTB can prove that CTB could have stopped someone
from taking the money if you had contacted CTB in time.
14. Contact
in Event of Lost or Stolen User ID and
Password.
If you believe your User ID and Password has been lost or stolen, notify CTB
in person, call CTB at 847-653-7978 or write to CTB, Customer Service Center,
P.O. Box 88481, Chicago, Illinois 60680.
15.
In Case of Errors or Questions about Your Electronic
Transfers.
If you think there was an error in your transfers or payments or if you need
more information about a transfer or payment, telephone or write to the Customer
Service Center as soon as you can. We must hear from you no later than sixty
(60) days after we sent the FIRST statement on which the problem or error appeared.
You will be required to provide the following information; 1) your name and
account number; 2) a description of the error or the transfer you are unsure
about, and an explanation as to why you believe it is an error or why you need
more information; and 3) the dollar amount of the suspected error. If you tell
us orally, we may require that you send us your complaint or questions in writing
within ten (10) business days.
We will tell you the results of our investigation
within ten (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 forty-five
(45) days to investigate your complaint or questions.
If we decide to do this, we will re-credit your
account within ten (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 questions in
writing and we do not receive it within ten (10)
business days, we may not re-credit your account.
If we decide that there was no error, we will
send you a written explanation within three (3)
business days after we finish our investigation.
You may ask for copies of the documents we used
in our investigation.
Telephone Number and Address To Be Notified
in Event of Unauthorized Transfer or in Case
of Questions about Your Electronic Transfers
If you believe that someone has transferred
or may transfer money from your account without
your permission, call: (847) 653-7978 – Customer
Service -
Or write:
CTB, Customer Service Center
P.O. Box 88481
Chicago, Illinois 60680
16. CTB's Liability
for Failure to Make Transfers.
If CTB does not complete a transfer to or from your account on time or in the
correct amount according to CTB's agreements with you, CTB can be liable for
your losses or damages. However, there are several exceptions. For example,
without limiting such exceptions, CTB will not be liable:
| A |
If, through no fault of
CTB's, you do not have enough money in
your account to makethe transfer;
|
| B |
If your funds are subject to legal process
or other encumbrance restricting such transfer; |
| C |
If the transfer would go over the credit
limit on any overdraft line; |
| D |
If the Internet Banking system was not
working properly and you knew about the
breakdown when you started the transfer; |
| E |
If circumstances beyond CTB's control
(such as fire or flood) prevent the transfer,
despite reasonable precautions that CTB
has taken. |
In addition to the above, there may be other
exceptions stated in CTB's agreements with you.
EXCEPT AS OTHERWISE PROVIDED ABOVE, NEITHER CTB NOR CTB'S SERVICE PROVIDERS
SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL, ARISING IN CONNECTION WITH INTERNET BANKING. NEITHER
CTB NOR CTB'S SERVICE PROVIDERS MAKE ANY WARRANTIES UNDER THIS AGREEMENT OF
ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, CONCERNING INTERNET BANKING
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
17. Severability;
Governing Law.
In the event any one or more of the provisions of this Agreement shall for
any reason be held to be invalid, illegal or unenforceable, the remaining provisions
shall remain valid and enforceable. This Agreement shall be governed by the
applicable federal law and the applicable substantive laws of the State of
Illinois (exclusive of any conflict of laws or rules of the State of Illinois
which may result in the application of the substantive laws of another jurisdiction).
Stop payment orders received by CTB through Internet Banking shall be governed
by the Illinois Uniform Commercial Code.
18. Bill Payment
You may direct CTB to make payments from your checking account to third parties
(Payees) that you have selected in advance to receive payment through CTB’s
Internet Banking bill payment service (Pay Bills). CTB reserves the right,
in its sole discretion, to refuse to allow certain Payees to be part of Pay
Bills. For example, payments may be made only to Payees with an U.S. payment
address. Further, you may not make a payment of alimony, child support, taxes,
or other governmental fees or court directed payments through Pay Bills.
A. Pay Bills. You
may use a personal computer to electronically
direct CTB to make payments from your checking
account to Payees whom you have selected in advance
to receive payments through Pay Bills. You may
make payments through Pay Bills to any business,
merchant or professional that generates a bill
or invoice for products or services provided
to you and that has an address CTB can verify.
You may also make payments through Pay Bills
to individuals, family or friends.
B. Using Pay
Bills. To gain access to
Pay Bills you must sign on to CTB's Internet
Banking with your User ID and Password. In
order to activate this service, select Pay
Bills from the Internet Banking menu and
follow the instructions onscreen. By using
Pay Bills, you agree not to give or make
available your User ID and Password to any
person not authorized to access your account.
To use Pay Bills, you must provide information
online to CTB about a Payee to permit CTB
to properly direct a payment and to permit
the Payee, upon receipt of a payment, to
identify you as the payment source. You do
this by filling in all required fields.
C. Types of Pay
Bills. You will be able to
set up the following types of bill payments:
(1) Single payment: You may schedule a payment
to be made one time to a Payee. The payment
may be scheduled to be made at a future date
or on the same day that you enter the payment
information on Pay Bills. A same day payment
must be scheduled by 7:00 P.M. CST on a business
day in order for the payment to be initiated
(deducted from your account) on the same
day. (2) Recurring Payment: You may schedule
payments to Payees to be automatically initiated
in a predetermined amount on the same date
every month. Please note that if the date
does not exist in a certain month, then the
payment will be initiated on the last business
day of the month. For example, if you schedule
payment for the 30th of each month, your
payment for the month of February will be
initiated on or before the 28th of February.
If the Payment Date falls on a day other
than a business day in any month, your payment
will be initiated (i.e. the payment will
be deducted from your account) on the following
business day.
D. Scheduling
Payments. Before scheduling
a payment to a Payee, the Payee must be set
up on Pay Bills. To set up a Payee: select
Pay Bills from the menu in Internet Banking
and follow the onscreen instructions under
Add a Merchant. To schedule a payment, select
Pay Bills from menu and follow the onscreen
instructions under Single Pay. You will be
provided a reference code for each payment
you schedule using Pay Bills. This number
is available on the History screen if you
need to refer to it in the future. The reference
code will help CTB resolve any questions
you may have concerning your transaction.
You may not schedule duplicate payments. A duplicate is one that is scheduled
to be made to the same Payee on the same day for the same amount. You also
may not schedule multiple single payments to the same Payee. A single payment
to a Payee must be deducted from your account before an additional single payment
can be scheduled to the same Payee.
E. Delivery of
Your Payments. You may schedule
payments to be initiated on the day that
you enter the payment information, on
a future date or on the same date each
month, subject
to the restrictions in this Agreement.
Although you can enter payment information
through
Pay Bills 24 hours a day, 7 days a week,
payments can be initiated (i.e., deducted
from your account and transmitted to
the selected Payee) only on business
days. This
date is referred to as the Payment Date.
After funds are withdrawn from your account,
CTB may remit your payment by mailing
your Payee a check drawn on an account
CTB maintains
for this purpose, by electronic funds
transfer or by other means. Because of
the time it
takes to transmit your payment to the
Payee, the Payee will not receive payment
on the
Payment Date. Therefore, to provide sufficient
time for payments to be received by your
Payee, the Payment Date should be a date
at least five (5) business days before
the bill's actual due date. CTB will
not be responsible
for any loss you may incur as a consequence
of a late payment if your Payment Date
was not at least five (5) business days
prior to the bill's actual due date.
F. Limitation
of Liability. CTB will reimburse
you for any late payment fees or penalties
you are charged up to a maximum of $50 per
scheduled payment to a business Payee that
is not received by close of business on the
fifth business day after the scheduled Payment
Date under the following conditions: as a
result of the failure of a Payee to receive
a payment made through Pay Bills by the bill's
actual due date to the extent that CTB has
not refused the transaction if CTB reasonably
believed such refusal is necessary for security
reasons, as long as you meet each of the
following conditions: (a) you must properly
schedule the payment to be initiated on a
date at least five (5) business days prior
to the bill's actual due date; (b) you must
provide CTB with the correct name, address,
and account information of the Payee and
the correct payment amount; (c) on the Payment
Date, your checking account must have contained
sufficient funds to complete the payment;
and (d) the late payment fee or penalty,
or the method of its calculation, must be
published by the Payee prior to the bill's
actual due date.
G. Changing
or Canceling Payments. You
may change or cancel a single payment or recurring
payment until 7:00 P.M. CST on the Payment
Date by selecting Pay Bills from the Internet
Banking menu and follow the onscreen instructions
for canceling a Pending Payment. You will receive
a reference code when your payment has been
canceled. This canceled payment will appear
on your History screen.
You may modify a recurring payment to a merchant by selecting the Payee from
the Merchant List under Pay Bills and edit the recurring payment information.
H. Statements. All
of your payments made through Pay Bills will
appear on your monthly account statement(s).
I. Service Fees. CTB
may charge a separate fee for the Pay Bills
service. Please refer to CTB’s current
Fee Schedule. By utilizing Pay Bills you authorize
CTB to deduct a service fee
from the applicable checking account. These fees are in addition to your
regular transaction fees that may be in effect
for your CTB accounts.
J. Canceling
Pay Bills. This
Pay Bills service shall remain in effect
until it is
terminated by you or CTB. CTB cannot cancel
Pay Bills until all pending payments have
cleared, if you have pending payments and
do not want to wait for them to clear, you
may individually delete these future payments.
You will not receive a refund of any service
fee if you cancel Pay Bills. You may terminate
Pay Bills at any time by notifying CTB in
writing at, Cole Taylor Bank, Customer Service
Department , P.O. Box
88481, Chicago, Illinois 60680.
CTB may cancel Pay Bills, in whole or part, at any time without prior notice.
Cancellation shall not affect your liability or obligations under this Agreement.
Refer to Section 9 for additional information regarding Termination; Amendments
and Changes in Fees.
K. Security. CTB
has the right to refuse any transaction(s), if
CTB reasonably believes such refusal is necessary
for security reasons.
L.
Payments. Payments
made through Pay Bills are subject to the
terms set forth in this Agreement and
CTB’s Disclosure.
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