Personal Online Banking Agreement

Legal Disclaimers
Personal Internet Banking Agreement

 

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, Cole Taylor 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 signing 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 and Identifying Information.

You will choose a Password which, in conjunction with the User ID, is needed to access the Designated Accounts via Internet Banking. You will also provide certain Identifying Information, such as confidential answers to specific personal questions. You agree not to give the User ID or Password or Identifying Information to any person not authorized to access the Designated Accounts and to otherwise keep the User ID and Password and Identifying Information 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.

5. Internet Banking Services.

You may use Internet Banking to access a variety of banking services. You may: (a) transfer funds between Designated Accounts; (b) obtain current balance and other account information; (c) review images of cleared checks; (d) obtain loan account information; (e) borrow from your 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 (j) request expedited Make Payments (Expedited Payments); (k) transfer funds between Designated Accounts and accounts at other financial institutions (External Accounts) that are located in the United States and have valid ABA routing numbers (Approved Financial Institutions); (l) open a new account and obtain other services which CTB may add to Internet Banking, from time to time. Please refer to Section 21 - “External Transfers” for information regarding your ability to designate External Accounts and transfer funds to or from External Accounts. When you instruct CTB to transfer funds between Designated Accounts and/or External Accounts, you authorize CTB to withdraw the necessary funds from the specified Designated Account in accordance with your instructions. 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 available 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 9:00 P.M. Central Time (CT) will be processed on the next business day. You agree that CTB and our Service Providers shall 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. Additional limitations are contained within the transaction-specific sections below under “Further Limitations.”

7. Fees

You are responsible for any fees or charges for underlying banking services as specified in the Personal Banking Fee Schedule(s) as amended from time to time. Any such fees or charges will be debited from the applicable Designated Account. You will be notified, as required by applicable law, of any changes CTB makes to current Personal Banking Fee Schedule for use of Internet Banking services.

8. Business Days.

Every day is a business day except Saturdays, Sundays, and federal holidays.

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 writ- ing at, Cole Taylor Bank, Customer Service Center, 9550 West Higgins Road, Rosemont, Illinois 60018. Your request to terminate this Agreement shall be effective two (2) business days after receipt of written notice by CTB. 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 and in our sole discretion, 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) calendar 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 to complete transfers; (b) to verify the existence and condition of the Designated Accounts for a third party, such as a credit bureau or merchant; (c) 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 Notice.

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 10 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 14 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) calendar days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) calendar 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:

Cole Taylor Bank
Customer Service Center
9550 West Higgins Road
Rosemont, Illinois 60018

15. 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) calendar days after we mailed or made available to you by the method you requested the 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.

For errors involving new accounts, 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, and, 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 CTB at 847-653-7978 or write to:

Cole Taylor Bank
Customer Service Center
9550 West Higgins Road
Rosemont, Illinois 60018

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 make the transfer;

B. If the transfer would go over the credit limit on any overdraft line;

C. If the Internet Banking system was not working properly and you knew about the breakdown when you started the transfer;

D. 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 MERCHANTBILITY, 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 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 any Designated Account that is a checking account to third parties (Payees) that you have selected in advance to receive payment through CTB’s Internet Banking bill payment service (Make Payments). CTB reserves the right, in its sole discretion, to refuse to allow certain Payees to be part of Make Payments. 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 Make Payments.

A. Make Payments. 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 Make Payments. You may make payments through Make Payments 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 Make Payments to individuals, family or friends.

B. Using Make Payments. To gain access to Make Payments you must sign on to CTB’s Internet Banking with your User ID and Password. In order to activate this service, select Make Payments from the Internet Banking menu and follow the instructions onscreen. By using Make Payments, you agree not to give or make available your User ID and Password to any person not authorized to access your account. To use Make Payments, 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 Make Payments. You will be able to set up the following: (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 Make Payments. A same day payment must be scheduled by 8:00 P.M. CT on a business day in order for the payment to be initiated (deducted from your account) on the same day. (2) Pay automatically: 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 Send On Date (as hereinafter defined) 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 Make Payments. To set up a Payee: select Make Payments from the menu in Internet Banking and follow the onscreen instructions under Add a Payee. To schedule a payment, select Make Payments from menu and follow the onscreen instructions under Single Pay. You will be provided a reference code for each payment you schedule using Make Payments. 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.

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 Make Payments 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 Send On Date (Send On 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 Send On Date. Therefore, to provide sufficient time for payments to be received by your Payee, the Send On Date should allow at least two (2) business days for electronic payments and four (4) business days for standard check payments 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 Send On Date was not at least two (2) business days for electronic payments and four (4) business days for standard check payments 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 Send On Date under the following conditions: as a result of the failure of a Payee to receive a payment made through Make Payments 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 prior to the bill’s actual due date as outlined above in Section 18.E. - “Delivery of Your Payments”; (b) you must provide CTB with the correct name, address, and account information of the Payee and the correct payment amount; (c) on the Send On 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 8:00 P.M. CT on the Send On Date by selecting Make Payments 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 Make Payments and edit the recurring payment information.

H. Statements. All of your payments made through Make Payments will appear on your monthly account statement(s).

I. Service Fees. CTB may charge a separate fee for the Make Payments service. Please refer to CTB’s current Personal Banking Fee Schedule. By utilizing Make Payments you authorize CTB to deduct a service fee from the Applicable Designated Checking account. These fees are in addition to your regular transaction fees that may be in effect for your CTB accounts.

J. Canceling Make Payments. This service shall remain in effect until it is terminated by you or CTB. CTB cannot cancel Make payments 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 Make payments. You may terminate Make Payments at any time by Notifying CTB in writing at, Cole Taylor Bank, Customer Service Center, 9550 West Higgins Road, Rosemont, Illinois 60018. CTB may cancel Make Payments, in whole or part, at any time without prior notice. Cancellation shall not affect your liability or obligations under this Agreement. Refer to Section 8 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. Further Limitations. Subject to account availability, no individual Make Payment may exceed $5,000 and the aggregate amount of all Make Payments on any business day may not exceed $20,000.

M. Payments. Payments made through Make Payments are subject to the terms set forth in this Agreement and CTB’s Disclosure.

19. E-Bills

E-bills are a feature of Make Payments that enable you to receive billing statements electronically (Electronic Billing Statements) if you authorize CTB to obtain information from the biller and the biller permits electronic delivery of bills (Biller). An Electronic Billing Statement will appear on Internet Banking shortly after it is issued by a Biller. You hereby acknowledge and agree that CTB is not responsible for and shall have no liability for any damages, expenses, charges or liabilities which may occur as a result of any failure, delay, omission or inaccuracy associated with the delivery any Electronic Billing Statement.

A. Authorization. You must authorize CTB to obtain information from a Biller in order to receive an e-bill. To do so, you must authorize us to use your username, password and any other private data that is necessary to set up an e-bill. Soley for the limited purpose of setting up e-bills, you appoint us as your agent.

B. Periodic Statements. If you have authorized CTB to access your billing information from a Biller, you will receive a periodic statement from each Biller that you have authorized CTB to contact. Your e-bill will appear on Internet Banking with such frequency as determined by the Biller and you. It may take up to 2 billing cycles before your e-bill appears on Internet Banking. At all times, you are responsible for keeping your bills current and paid, including, but not limited to, the period during which your e-bills are being set up.

C. Alerts. You may set up e-mail alerts so that you receive an alert when your e-bill arrives and an alert when payment is due. Notifications and reminders are solely for your convenience; it is your responsibility to maintain an accurate e-mail address and to log on to Internet Banking to check for the delivery or status of e-bills.

D. Automatic E-Bill Payments. You may set up automatic payment of e-bills so that a payment is sent in accordance with payment rules that you specify. If you cancel an e-bill with an automatic payment rule established, it may take up to 2 billing cycles for the automatic payments to cease.

E. Service Fees. CTB may charge a separate fee for the E-Bills service. Please refer to CTB’s current Personal Banking Fee Schedule. By utilizing eBills you authorize CTB to deduct a service fee from the applicable Designated Account. These fees are in addition to your regular transaction fees that may be in effect for your CTB accounts.

20. Expedited Payments Service.

Expedited Payments are a feature of Make Payments that, depending on the payee and the time of day, enables you to have your payments initiated and processed on an expedited basis. Depending on the intended payee and the time of day, Expedited Payments are available for same day or next day processing and posting. The system will automatically determine whether the Expedited Payments option is available to you to make payments to a specific payee, and it will also automatically determine the date by which your Expedited Payment will be processed (“Deliver By Date”). CTB will not honor requests for Expedited Payments to accounts or payees outside the United States.

A. Delivery of Your Payments. Depending on specific payee limitations and the time of day, you might not be able to set up an Expedited Payment for same day processing, which means that the Deliver By Date might be delayed until the following Business Day.

B. Limitations. Expedited Payments will not always be available. Depending on the intended payee and the time of day, you might not have access to Expedited Payments. If Expedited Payments is not available for an intended payee, it will not be presented as an option to you. Once you set up an Expedited Payment, you will never be able to edit or cancel it for any reason.

C. Service Fees. CTB may charge a separate fee for the Expedited Payments service. Please refer to CTB’s current Personal Banking Fee Schedule. By utilizing Expedited Payments you authorize CTB to deduct a service fee from the Designated Account. These fees are in addition to your regular transaction fees that may be in effect for your CTB accounts.

D. Further Limitations. Subject to account availability, no individual Expedited Payment may exceed $5,000 and the aggregate amount of all Expedited Payments on any business day may not exceed $20,000.

21. External Transfers Service.

External transfers permit you to electronically transfer money between accounts at CTB and at Approved Financial Institutions. You may use external transfers only to make transfers between your eligible CTB accounts and to any checking, savings or money market accounts at Approved Financial Institutions, from which accounts you must be authorized to make withdrawals and for which accounts you have verified your ownership (“Verified Account”). By requesting that we make an external transfer, you affirm to us that the account from which you are making a withdrawal is a Verified Account.

A. Delivery of your Transfers. CTB will begin processing a transfer request on the same day as the request only if CTB receives the request prior to 6:00 p.m. CT. If you schedule an external transfer, you may delete or edit the transfer request until 6:00 p.m. CT on the scheduled Transfer On date.

B. Limitations. You may only make transfers from your eligible CTB account and to Verified Accounts at Approved Financial Institutions. You agree to not transfer funds from an eligible CTB account and a Verified Account at an Approved Financial Institution unless you have authority to do so. You agree to have sufficient funds or credit in your From Account to fund the transaction on the Transfer On Date. CTB will place an additional 3 day hold on funds from External Transfers from a Verified Account at an Approved Financial Institution.

C. Service Fees. CTB may charge a separate fee for the External Transfers service. Please refer to CTB’s current Personal Banking Fee Schedule. By utilizing Expedited Payments you authorize CTB to deduct a service fee from the Applicable Designated account. These fees are in addition to your regular transaction fees that may be in effect for your CTB accounts.

D. Further Limitations. Subject to account availability, no individual “Outbound” External Transfer from CTB to an Approved Financial Institution may exceed $10,000, and no “Inbound” External Transfer from an Approved Financial Institution to CTB may exceed $40,000. The aggregate amount of Outbound transfers may not exceed $10,000 in a calendar month, and the aggregate amount of Inbound transfers may not exceed $40,000 in a calendar month. The aggregate number of Inbound or Outbound External Transfers may not exceed four (4) on any business day and ten (10) in any calendar month. These limits are subject to change at CTB’s sole discretion.

22. Accepting the Agreement.

When you use any of the Internet Banking services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

23. Indemnification.

By accepting this Agreement and using any of the Internet Banking services described in this Agreement, unless caused by CTB’s intentional misconduct or gross negligence, you agree to protect and fully compensate CTB and affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of Internet Banking Services.

24. Mobile Banking.

The Rules and Regulations Regarding Mobile Banking govern the use of the Cole Taylor (“Cole Taylor”, “we”, “us” or “our”) Mobile Banking service (the “Service”) by you, the account owner (“you” or “your”). The Rules and Regulations Regarding Mobile Banking are in addition to and supplement the terms of the Rules and Regulations Regarding Deposit Accounts. Your use of the Service is further subject to all of the terms and conditions contained in the Rules and Regulations Regarding Deposit Accounts as they may be amended from time to time. The Rules and Regulations Regarding Mobile Banking are governed by the laws of the State of Illinois (unless such laws are specifically preempted by federal laws) and can be found at http://www.coletaylor.com/rules-and-regulations.

A. Services and Service Terms. The Service is designed to allow you to conduct certain banking functions for your eligible account(s) from an eligible smartphone or tablet device (the “Mobile Device”). The following terms and conditions apply to the Service; you acknowledge and agree that the Service or any portion of the Service may be provided by one or more subcontractors. Your eligibility to use the Service is subject to requirements determined by Cole Taylor in its sole discretion.

B. Acceptance of these Terms. Your acceptance of these terms and/or use of the Service constitutes your acceptance of these the Rules and Regulations Regarding Mobile Banking. We reserve the right to change the terms and conditions contained in the Rules and Regulations Regarding Mobile Banking, which may include adding or deleting certain terms and conditions entirely or partially. Changes that we notify you of (either voluntarily or as required by law) will be provided to the then current address of record that you authorized or electronically if you have authorized us to deliver disclosures to you in an electronic format. Your continued use of the Service will be deemed as your acceptance of such amended, modified or supplemental terms, service fees, the Rules and Regulations Regarding Mobile Banking then in effect and any changes to the Service. If any changes in the Rules and Regulations Regarding Mobile Banking or the Service are unacceptable to you, your exclusive remedy is to terminate your use of the Service. Further, we reserve the right, in our sole discretion, to change, modify, add, or remove portions from the Service.

C. Items. As used in the Rules and Regulations Regarding Mobile Banking, the term “item” means a check, money order, cashier’s check, official check, U.S. Treasury check, or any other payment instrument payable to you and drawn on or payable through a bank or other depository institution. For purposes of the Rules and Regulations Regarding Mobile Banking, “check” has the meaning set forth in the Federal Reserve Board Regulation CC and the Check Clearing for the 21st Century Act and does not include a substitute check or a remotely created check.

D. Eligible Items. We will only accept items meeting Cole Taylor’s standard for deposit. You agree that the image of each item transmitted shall be deemed an “item” within the meaning of Article 4 of the Illinois Uniform Commercial Code. The following items will not be eligible for deposit through the Service, and you further agree that you will not use the Service to scan and deposit any checks or other items described below:

a. Items payable to any person or entity other than you;

b. Items drawn on a financial institution located outside the United States;

c. Items not payable in United States currency;

d. Items containing alteration to any of the fields on the front of such check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;

e. Items previously converted to a substitute check, as defined in Reg CC;

f. Remotely created checks, as defined in Reg CC;

g. Items dated more than 6 months prior to the date of deposit;

h. Items not otherwise eligible for deposit under the Rules and Regulations Regarding Deposit Accounts; or

i. Such other items as may be determined by Cole Taylor in its sole discretion.

For an item to be processed for deposit, it must be validly endorsed. Items transmitted using the Service must be legible, and must comply with Cole Taylor’s requirements.

E. Your Responsibilities. You agree, at your sole expense to: (a) maintain and update the Capture Device and/ or any related software; (b) use the most recently released version of the mobile phone application that connects you to the Service; and (c) implement and maintain security measures, including firewall protection, in compliance with your obligations hereunder. You understand that it is your (and expressly not our) responsibility to maintain security precautions to guard against possible malfunctions, loss of data and unauthorized access.

F. Account Statement Examination. You must notify us of any errors related to any deposit made through the Service in accordance with the Rules and Regulations Regarding Deposit Accounts.

G. Processing. If any image of an item transmitted to us does not comply with our or our processor’s requirements for content and/or format, we may, in our sole discretion: (a) further transmit the item and data in the form received from you; (b) repair or attempt to repair the item or data and then further transmit it; (c) process the item as a photocopy in lieu of an original; or (d) return the data and item to you unprocessed and charge back your account. We are not responsible for items we do not receive or for images that are dropped during transmission.

H. Handling of Transmitted Items. After transmitting an image to us, you agree to maintain the original item in a secure location for at least sixty (60) days and agree never to present the item again to Cole Taylor or any other third party. You will promptly (but in any event within 5 business days) provide any retained original item to Cole Taylor when requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item or as Cole Taylor otherwise deems necessary.

I. Determining the Availability of a Deposit. If we receive your scanned item on or before 5:00 PM central standard time on a business day we are open, we will consider that day to be the day of deposit. If we receive an item after 5:00 PM central standard time or on a Saturday, Sunday or a federal holiday, we will consider that the deposit was made on the next business day we are open.

J. Availability of Funds. Funds from deposits made via the Service generally will be available for withdrawal by the second business day after the day of deposit. Funds up to the first $200 of your deposit will be available on the first business day after the day of deposit. However, funds you deposit by check may be delayed for a longer period under the following circumstances:

a. We believe a check you deposit will not be paid.

b. You deposit checks totaling more than $5,000 on any one day.

c. You redeposit a check that has been returned unpaid.

d. You have overdrawn your account repeatedly in the last six months.

e. There is an emergency, such as failure of computer or communications equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

K. Dishonored Items. Any dishonored item will be returned as an image of the original in the form of a substitute check. Information and data reported through the Service: (a) may be received prior to final posting and confirmation and is subject to correction and (b) is for information purposes only and may not be relied upon. You agree that we shall have no liability for the content of payment-related information.

L. Limits. Cole Taylor reserves the right to impose limits on the amount and/or number of deposits that you transmit using the Service, and to modify such limits at any time without notice to you.

M. Your Representations and Warranties. You represent and warrant to Cole Taylor that:

a. You have the authority to enter into the Rules and Regulations Regarding Mobile Banking and perform your obligations hereunder and all information supplied by you to us is accurate and true;

b. You will provide all reasonable assistance to Cole Taylor and its subcontractors in providing the Service;

c. You and any user(s) you permit to use the Service will only use the Service for lawful purposes and in compliance with all applicable rules and regulations and with Cole Taylor’s rules, policies, terms and conditions, and operating procedures and will not violate any intellectual property rights of any third party;

d. You will only transmit acceptable items for deposit;

e. Each item bears all applicable endorsements in a restricted format as directed by Cole Taylor;

f. Each item conforms to the technical standards of an Electronic Item set forth in Federal Reserve Board Regulation J or Federal Reserve Bank operating circulars and for a substitute check set forth in Federal Reserve Board Regulation CC and such other standards specified by Cole Taylor from time to time;

g. The electronic image portion of each item accurately and legibly represents all of the information on the front and back of the original check as of the time the original check was deposited;

h. The information portion of the item contains a record of all applicable MICR-line information required for a substitute check and the accurate amount of the item; and

i. You will not deposit the original item and no person will be asked to make payment based on an item that has already been paid.

N. Technology/ Intellectual Property. The Rules and Regulations Regarding Mobile Banking do not transfer to you any ownership or proprietary rights in the technology, software or any work or any part thereof (collectively, the “Technology”), and all right, title and interest in the Technology will remain solely with Cole Taylor or its subcontractors. The Service and the Technology are provided “as is” and without warranty. Cole Taylor and its subcontractors have no obligation to correct any bugs, defects or errors in the Service or to otherwise support, maintain, improve, modify, upgrade or enhance the Service or Technology.

O. Delays/ Limitations of Liability. You understand that the Service may be delayed, interrupted or disrupted for indeterminate periods of time for reasons beyond the control of Cole Taylor. Cole Taylor will not be liable if the Mobile Banking Service is not working properly at the time you attempt to conduct transactions using the Mobile Banking Service. Furthermore, in no event will Cole Taylor be liable for any direct, consequential or special damages, including lost profits, arising from your use of the Mobile Banking Service. The telecommunications carrier for your Mobile Device may apply additional fees in association with your use of the Service or if you subscribe to text message banking (also referred to as SMS messaging). Check with your telecommunications carrier before using the Service.

P. Disclaimer. Cole Taylor and its subcontractors make no representations or warranties, whether express, implied or statutory regarding or relating to any of the Technology or Service. Cole Taylor and its subcontractors specifically disclaim any and all implied warranties of merchantability, fitness for a particular purpose and noninfringement.

Q. Withdrawal of Access/Suspension of Service. Cole Taylor or its subcontractor shall have the right to suspend or terminate the Service immediately at any time without prior notice to you.

R. Mobile Text Messaging. By using the Mobile Banking Service you agree that Cole Taylor may send messages through your telecommunications service provider to deliver such messages to you. You understand and agree that these messages may not be encrypted and may include personal or confidential information about you. You are responsible for any and all charges, including but not limited to, fees associated with text messaging imposed by your telecommunications service provider and that message and data rates may apply.

 

Rev. 05242013