Electronic Banking Agreement
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ELECTRONIC BANKING AGREEMENT
This Electronic Banking Agreement (this “Agreement”) describes your rights and obligations as a user of Electronic Banking. It also describes our rights and obligations with respect to Electronic Banking. Please read this Agreement carefully. By pressing the “I Accept” button below, you agree to comply with and be bound by the terms and conditions of this Agreement, and you acknowledge your receipt and understanding of this Agreement.
1. Agreement
The terms and conditions of the Supplemental Agreements shall apply to Electronic Banking. If there is a conflict between the Supplemental Agreements and this Agreement with respect to Electronic Banking, this Agreement shall control. If there is a conflict between the Supplemental Agreements and this Agreement regarding any other aspect of your Accounts, the Supplemental Agreements shall control. Your use of Electronic Banking is your acknowledgment that you have received the Supplemental Agreements and intend to be bound by them. You should review other charges that may be imposed for Transactions listed in the Fee Schedule.
This Agreement is subject to applicable federal laws and the laws of the state in which your principal place of business is located (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable, all remaining provisions will continue in full force and effect. The headings in this Agreement do not govern the interpretation of the provisions, but are included for convenience or reference only. Any waiver (expressed or implied) by either you or us of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon you and us and our respective heirs, fiduciaries, successors, and assigns. Certain of the obligations imposed on you and us will, by their nature, continue beyond termination, cancellation, or expiration of this Agreement. This Agreement, the Electronic Banking Application, the Supplemental Agreements, and the Fee Schedule constitute the entire agreement between you and us with respect to Electronic Banking and there are no understandings or agreements relative to Electronic Banking that are not fully expressed in the foregoing documents.
2. Terms and Conditions Applicable to Electronic Banking
The provisions of this Section 2 apply to Online Banking, Telephone Banking, Online Bill Payment, Mobile Banking, and Mobile Bill Payment. The provisions of Section 3 apply only to Online Bill Payment and Mobile Bill Payment.
2(a) Definitions Applicable to Electronic Banking
The following capitalized terms have the meanings set forth below:
Access Information means the username and password we will provide to you when you submit your enrollment for the Online Banking service and the username and password you select when prompted the first time you log in to Online Banking.
Accounts mean all of your FCB deposit accounts, including your Online Accounts and your Pay from Account.
Account Documents means the account agreements, the Fee Schedule, and all other disclosures you were given when you opened your Accounts, including, by way of example, the disclosures required by the Electronic Fund Transfer Act and its implementing Regulation E, and our Privacy Policy.
Business Day means every day other than Saturday, Sunday, and those days on which financial institutions in the State of Illinois and the State of Missouri are required or permitted by law to be closed.
Change means any revision of this Agreement.
Compliant Equipment means a computer (a) on which is installed (i) web-browsing software capable of processing 128-bit SSL encryption (such as Internet Explorer version 7.0 or higher and Firefox version 3.6 or higher) and (ii) Adobe Acrobat® Reader (version 10.1 or higher), (b) which has a functioning Internet connection, and (c) on or from which you can securely save or print Electronic Disclosures.
Electronic Banking means the Telephone Banking, Online Bill Payment, Online Banking, Mobile Banking, and Mobile Bill Payment services.
Electronic Disclosures means electronic versions of this Agreement, any Changes to this Agreement, Periodic Statements, and all notices, messages, correspondence, and disclosures we are required to provide to you under this Agreement, the Supplemental Agreements, and/or applicable law.
Email Address means the address you provide to us when you enroll in Electronic Banking and to which we will send Electronic Disclosures.
Enhanced Online Security means the security protocol we will implement to assure that any Transactions initiated at a computer available to the public, such as library computers, are initiated by you.
E-Statements means Periodic Statements we will provide to you if you agree to receive such statements in electronic form as indicated by your acceptance of the E-Statement terms and conditions, which you will have the opportunity to do on and after the date on which we make E-Statements available.
Fee Schedule means the schedule of fees and charges applicable to our deposit products that you were given when you opened your Accounts, as it may be changed from time to time.
Force Majeure Event means the occurrence of circumstances beyond our control (such as fire, flood, power outage, equipment or technical failures or breakdown, or the unauthorized actions of any Person) which prevent you from using Electronic Banking or us from completing a Transaction despite reasonable precautions that we have taken.
Loan Agreements means all documents that evidence your obligation to repay credit we extend to you and all documents that secure your obligation to repay all such extensions of credit.
Online Accounts means all of your Accounts from which you will initiate Transactions using Electronic Banking selected by you when you enroll in Online Bill Payment.
Mobile Banking is the cellular based service that provides access to your Online Accounts.
Mobile Bill Payment is the cellular based service that permits you to pay amounts you owe Payees from your Pay from Account
Online Accounts means all of your Accounts from which you will initiate Transactions using Electronic Banking selected by you when you enroll in Online Bill Payment.
Online Banking is the Internet-based service that provides access to your Online Accounts.
Online Bill Payment is the service that permits you to pay amounts you owe Payees from your Pay from Account.
OTP (One Time Password) is the four digit password sent to your mobile device by text message for use in your next mobile banking transaction, therefore creating MFA (multi-factor authentication)
Periodic Statement means each statement we must make available to you under applicable law that identifies Transactions on your Accounts.
PIN (Personal Identification Number) is the code given to you by us when you first call the Telephone Banking service phone number.
Supplemental Agreements means the Account Documents, the Loan Agreements, and all of your other agreements with us.
Telephone Banking is the telephone-based service that provides access to your Online Accounts.
Telephone Banking Documents means the documents you will be required to sign if you enroll in Telephone Banking.
Transaction means an instruction you give to us through Electronic Banking to transfer funds to or from your Online Accounts.
We, us, or our refers to Divisions of First County Bank and Divisions of First Collinsville Bank (FCB) that offer Electronic Banking services, and that hold your Accounts.
You or your refers to the Person who electronically signs this Agreement.
Capitalized terms used in this Section 2 that are not defined in this Section have the meanings set forth in Section 3(b). Time of day references are Central Standard Time or Central Daylight Time, as applicable.
2(b) Procedure to Enroll in Electronic Banking
2(b)(i) Online Banking and Online Bill Payment
2(b)(i)(A) Online Banking and Online Bill Payment Activation
To enroll in Online Banking and Online Bill Payment, click on the “I Accept” button that is located beneath the window in which this Agreement is displayed. You may not sign up for Online Banking and Online Bill Payment separately; if you click “I Agree”, you will be enrolled for both services.
2(b)(i)(B) Use of Your Online Banking Access ID and Password
You will gain access to Online Banking and Online Bill Payment through the use of your Compliant Equipment and your Access Information. We will send your Access Information to you by U.S. mail. When you log on to Online Banking the first time, you will be required to change your Access Information and your Enhanced Online Security. When you change your Access Information, you will need to remember it because we will not be informed of your password.
You agree that we are authorized to process Transactions initiated by the use of your Access Information. You agree not to allow any other Person to gain access to Online Banking or Online Bill Payment or provide them your Access Information. If you, or someone else, uses incorrect Access Information three times in an effort to access Online Banking or Online Bill Payment during the same session, you must contact us to have your password reset or to obtain a new temporary password. You agree that you are responsible for all Transactions, subject to any limitations imposed by applicable law, as set forth in Section 2(h) below.
2(b)(i)(C) Training
At your request, we will provide an on-line “demo” to help familiarize you with the Electronic Banking service.
2(b)(ii) Telephone Banking
2(b)(ii)(A) Telephone Banking Activation
You will need to enroll in Telephone Banking by signing the Telephone Banking Documents that are available at any of our branch locations. You may not enroll in Telephone Banking through Online Banking. After you enroll in Telephone Banking, we will give you a temporary PIN to be used the first time you access Telephone Banking.
2(b)(ii)(B) First Time Access to Telephone Banking
When you make your first call to the Telephone Banking service, you will be notified that your PIN has expired. At that time, you will be asked to input a new PIN. Because we have no access to your new PIN, you will need to remember it. The Telephone Banking call-in number for accounts opened at a First Collinsville Bank location is 888-816-2265. The Telephone Banking call-in number for accounts opened at a First County Bank location is 888-884-4322.
2(b)(ii)(C) Use of Telephone Banking
You will gain access to Telephone Banking through the use of your telephone, PIN, and providing any of your Account numbers when you call. You agree that we are authorized to process Transactions authorized by use of your PIN. You agree not to allow anyone to gain access to Telephone Banking or provide them your PIN. You agree to assume responsibility for all Transactions, subject to any limitations imposed by applicable law as set forth in Section 2(h) below.
2(b)(iii) Mobile Banking and Mobile Bill Payment
2(b)(iii)(A) Mobile Banking and Mobile Bill Payment Activation
To enroll in Mobile Banking and Mobile Bill Payment you must first be enrolled in Online Banking and Online Bill Payment. Within Online Banking choose the Options menu and input your carrier information and mobile telephone number in the Mobile Banking section. By clicking on the Submit button in the Mobile Banking section you give your consent to agree to the terms and conditions of this Agreement. If you have previously enrolled in Online Banking and Online Bill Payment, the same Agreement is applicable for Mobile Banking and Mobile Bill Payment. You may not enroll in Mobile Banking/Mobile Bill Payment without being enrolled in Online Banking/Online Bill Payment. If you enroll in Mobile Banking/Mobile Bill Payment, you will be enrolled in both services.
2(b)(iii)(B) Use of your Mobile Banking Access ID, Mobile Banking PIN, and OTP (One Time Password)
You will gain access to Mobile Banking and Mobile Bill Payment through the use of your Compliant Mobile Equipment and your Access information. Your Access ID will be the same as your Online Banking Access ID. Your Mobile Banking PIN will be a four digit code chosen by you when you enroll. Your OTP will be sent to you via text message for use with your next transaction. You will need to remember your Access information because we will not be informed of what that information is.
You agree that we are authorized to process Transactions initiated by the use of your Access information. You agree not to allow any other Person to gain access to Mobile Banking or Mobile Bill Payment or provide them your Access information. If you can not access your OTP, you may request one through your mobile device. You agree that you are responsible for all Transactions, subject to any limitations imposed by applicable law, as set forth in Section 2(h) below.
2(b)(iii)(C) Training
At your request, we will provide an on-line "demo" to help familiarize you with the Mobile Banking service.
2(c) Authorization to Obtain Identity Information
When you electronically sign this Agreement, you will have authorized us to verify your identity as we are required to do under applicable law, including the USA PATRIOT Act. Your enrollment in Electronic Banking may not be approved if we cannot verify your identity.
2(d) Compliant Equipment
You represent and warrant to us that on the date you enroll in Online Banking, Online Bill Payment, Mobile Banking, and Mobile Bill Payment and for as long as you continue to be a customer of such services, you (a) have access to Compliant Equipment, and (b) are responsible for obtaining, installing, maintaining, and operating your Compliant Equipment. We will not be responsible for any errors or failures from the malfunction or failure of your Compliant Equipment.
2(e) Your Agreements Regarding Electronic Disclosures
From time to time, you may ask us to send you paper copies of Electronic Disclosures by U.S. Mail or by contacting us using any of the means identified in Section 4. The fee for complying with each such request is set forth in the Fee Schedule.
If you wish to terminate your agreement to receive Electronic Disclosures in electronic form, you must contact us using any of the means identified in Section 4. If you do so, we will impose the Electronic Disclosure Opt-Out Fee itemized on the Fee Schedule.
2(f) What You Can Do
The following Transactions may be performed using Electronic Banking:
2(f)(i) Transfer Funds
You may use Online Banking, Telephone Banking, and Mobile Banking to perform unlimited funds transfers from your Online Accounts to any other accounts we hold for you. You may transfer funds from your Online Accounts to make loan payments. If any Online Account is a savings or money market account, there are restrictions on the number and frequency of transactions from such Online Accounts. Please refer to your Account Documents with respect to your savings and money market Online Accounts for more detailed information on applicable limitations and restrictions.
2(f)(ii) Make Account Inquiries
You may use Online Banking, Telephone Banking, and Mobile Banking to check the current balance and other information about your Accounts and many, but perhaps not all, of your loan accounts.
2(f)(iii) Request Stop Payments
You may use Electronic Banking to place a stop payment order on checks drawn on any of your Accounts.
2(f)(iv) Order Checks
You may order checks for any of your Accounts from which funds may be withdrawn by check, via Online Banking, and Telephone Banking.
2(f)(v) Alerts
You may use Online Banking and Mobile Banking to receive pre-set alerts via your email address or online message box.
2(g) Hours of Operation
Electronic Banking is available 24 hours a day, seven days a week, except during special maintenance periods and Force Majeure Events. Transactions initiated by you on a non-Business Day and after 3:00 p.m. on a Business Day will be completed on the next Business Day. Payments will be Processed as stated in Section 3.
2(h) Stolen Access Information or PIN
If you believe your Access Information or PIN is lost or stolen, or that someone has initiated a Transaction without your permission, call us immediately at 866-323-4322. A customer service representative is available Monday through Saturday between the hours of 8:00 a.m. and 8:00 p.m. Voice mail is available during all other hours. Telephoning us is the best way of minimizing your losses. If you believe your Access Information or PIN has been lost or stolen and you notify us within two Business Days after you learn of the loss or theft, only the first $50.00 of loss is chargeable to you if someone uses your Access Information or PIN without your permission. If you do not notify us of such events within two Business Days of learning of the same and we can show that we could have prevented losses if you had notified us, you will be responsible for the first $500.00 of loss.
2(i) General Terms
2(i)(i) Changes and Termination of Agreement
We reserve the right to implement Changes from time to time. When we make a Change, we will make an Electronic Disclosure available to you by sending an email to the address you provide when you signed up for Electronic Banking. You will be notified at least 30 days in advance of the effective date of any Changes that impose additional fees for Transactions; stricter limits on the type, amount, or frequency of Transactions; or any increase in your responsibility for unauthorized Transactions. If a Change is necessary to maintain the security of Electronic Banking, we may implement such Change immediately and if we do, we will send you notice of the Change promptly after we have implemented it. If you access Electronic Banking after the effective date of a Change, you will be deemed to have agreed to the Change. If you do not agree with a Change, you may contact us to terminate your participation in Electronic Banking.
2(i)(ii) Periodic Statements; Errors and Questions
We will make Periodic Statements available to you either monthly or quarterly, depending on the type of Account as specified in the applicable Account Documents.
If your Periodic Statement shows Transactions that you did not make, notify us immediately. If you do not notify us within 60 days after the date on which we made that Statement available to you, you may not recover any money you lose after the 60 days if we can show that we could have prevented such losses if you had notified us in time. You may notify us of errors using the procedures set forth in the Account Documents, or you may contact us by any means identified in Section 4. A customer service representative will respond promptly.
You agree that we may respond to you by electronic mail with regard to any claim of unauthorized Transactions initiated using Electronic Banking. Any such electronic mail we send you shall be considered received not later than three days after the date we send it to you, regardless of whether or not you sign on to Electronic Banking in that time frame. Accordingly, you agree to access Electronic Banking no less often than once every three days.
2(j) Our Responsibility to You
We will be responsible for your actual losses if they were directly caused by our failure to:
- Complete a Transaction as properly requested.
- Cancel a Transaction as properly requested.
We will not be responsible for your losses if:
- Through no fault of ours, you do not have enough money in your Online Accounts to complete a Transaction.
- Through no fault of ours, the Transaction would have caused you to exceed your available credit if an overdraft line of credit is tied to the Online Account from which the Transaction is to be completed.
- A Force Majeure Event prevents us from completing a Transaction, despite reasonable precautions we have taken.
- There is a hold on your Account.
- Access to your Account is blocked in accordance with our policy.
- Your funds are subject to legal process or other encumbrance restricting transfer.
- Your Transaction authorization terminates by operation of law.
- You believe someone has accessed your Accounts without your permission and you fail to notify us immediately.
- You have not properly followed the scheduling instructions on how to initiate a Transaction.
- We have received incomplete or inaccurate information from you involving the Account or Transaction.
- We have reasonable basis for believing that unauthorized use of your Account Information has occurred or may be occurring.
- If you default under this Agreement, any Supplemental Agreement, any Loan Agreements, or any other agreement with us.
- If either you or we terminate this Agreement.
- There may be other exceptions stated in this Agreement and in our other agreements with you.
In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a Transaction, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed above occur, we will assist you with reasonable efforts in taking appropriate corrective action to reprocess the Transactions that may not have been completed or to correct Transactions that were improperly completed.
2(k) Third Party Disclosure
We will disclose information about your Accounts or the Transactions that you make in accordance with our Privacy Statement
2(l) Fees
We offer the benefits and convenience of Online Banking, Telephone Banking, and Mobile Banking to you for free.
Additional fees may apply for stop payments and ordering checks, please refer to the Fee Schedule for more details. You agree that all such charges will be deducted from the Account from which a Transaction is initiated. If payment of such charges results in an Overdraft in that Account, you agree that we may transfer funds from any of your Accounts to bring the collected balance in such Account to $0.00
2(m) Inactivity / Termination
You are responsible for complying with all terms of this Agreement and with the terms of the Account Documents that govern your Online Accounts.
We may convert your Accounts to an inactive status if you do not log on to Online Banking or initiate a Transaction during any consecutive 90 day period. If you log in to Online Banking or Online Bill Payment and receive notice that your Accounts are considered inactive, you must contact us by any method provided in Section 4 to re-activate Online Banking before you will be able to schedule any Transactions. If you do not log in to Online Banking or Online Bill Payment at least once every six months, you will not be allowed to access Online Banking or Online Bill Payment until you sign up for these services as provided in Section 2(b)(i)(A).
We reserve the right to terminate this Agreement and your use of Electronic Banking in whole or in part at any time and without advance notice to you.
To cancel your enrollment in Electronic Banking, you must contact us using any method provided in Section 4. When you contact us to cancel your enrollment, please provide your name and address, the service(s) you wish you cancel, and the effective date to stop the service.
2(n) Exclusion of Consequential Damages and Disclaimer of Liability
Except as expressly provided herein, we shall not be subject to, and specifically disclaim: (a) any other obligations or liabilities arising out of breach of contract or of warranty, (b) any obligations whatsoever arising from civil claims (including negligence and strict liability or arising under other theories of law with respect to goods sold or services rendered by us, or any undertakings, acts or omissions relating thereto), and (c) all consequential, incidental, and contingent damages whatsoever, including lost profits or revenues, caused by Electronic Banking or your the use thereof, or arising in any way out of the installation, use or maintenance of your personal computer hardware, equipment, software, any internet access services, or any other goods or service provided by us under this Agreement.
3. Terms and Conditions Applicable to Online Bill Payment/Mobile Bill Payment
To the extent they do not conflict with the provisions in this Section 3, the provisions in Section 2 apply to the Online Bill Payment service and Mobile Bill Payment Service.
3(a) Instructions
You may not enroll in the Online Bill Payment service unless you are also enrolled in the Online Banking service. After we process your Acknowledgement, a Bill Pay Activation button will appear when you access your checking account online. After finishing the enrollment process, a "List of Bill Payment Accounts" section will appear at the bottom of your Online Banking Account Summary page. Click on the account link to access Online Bill Pay. When you access the Service by clicking on the link in the "List of Bill Payment Accounts" section, you will be able to instruct us to pay the bills you submit for payment. You will be able to adjust or submit a Bill Payment previously set up in Online Bill Payment through Mobile Bill Payment.
3(b) Definitions Applicable to Online Bill Payment
The following capitalized terms have the meanings set forth below:
Adjusted Payment Date means (a) with respect to Recurring Payments, if a Recurring Payment’s Scheduled Payment Date is not a Business Day, the first Business Day (i) prior to the Scheduled Payment Date if you select the “Pay Before” option with respect to such Payment, or (ii) after the Scheduled Payment Date if you select the “Pay After” option with respect to such Payment, and (b) with respect to Single Payments, if the Scheduled Payment Date is not a Business Day, the next Business Day.
Cancel means a Payment will not be Processed.
Check means a Payment in the form of a paper check that we will mail to a Payee.
Cutoff Time means 3:00 p.m. on any Business Day and is the time by which you must transmit a Payment Instruction in order to have it considered entered on that Business Day. We reserve the right to change the Cutoff Time upon notice to you.
Delinquency Payments means any late payment fees or penalties you are charged by a Payee because it receives a Payment later than its Due Date.
Due Date means the date on which a Payment must be received by a Payee to avoid the imposition of Delinquency Payments, as set forth in (a) each periodic statement made available to you by the Payee, with respect to Recurring Payments, and (b) a writing given to you by the Payee with respect to any Single Payment.
Estimated Arrival Date means the date we expect a Payment to be received by the Payee.
Funding Requirement means that on each Scheduled Payment Date your Pay from Account has a collected funds balance equal to the total dollar amount of all Payments scheduled to be made on that date plus the amount of all other payment obligations you have to us.
Overdraft means that the collected balance of funds in your Pay from Account is less than $0.00.
Pay from Account means your Online Account from which funds sufficient to make Payments will be deducted. You will identify your Pay from Account, which must be a checking account, when you set up a Payee within Online Bill Payment.
Payee means the Person, other than a Prohibited Payee, to whom you wish to make a Payment.
Payee Account means each account established by a Payee to evidence your obligation to make Payments to such Payee.
Payment means that funds in the amount specified in a Payment Instruction have been debited from your Pay from Account and sent to the designated Payee.
Payment Instruction means the information provided by you to us for a Payment to be made to a Payee (such as, but not limited to, Payee name, Payee address and phone number, Payee account number, Payment amount, and Scheduled Payment Date).
Payment Method means the method by which a Payment is transmitted to the Payee (that is, via ACH or via Check).
Pending means the time between your entry of Payment Instructions into the Online Bill Payment service until the related Payment is Processed.
Person means a human being or a legal entity, as the context so requires.
Processed means funds sufficient to make a Payment were debited from your Pay from Account as of the Cutoff Time on the Scheduled Payment Date and sent to the Payee.
Prohibited Payee means (a) federal, state, and local governments, (b) federal, state, and local courts, and (c) Persons with addresses outside the United States.
Prohibited Purpose means Payment Instructions with respect to Prohibited Payees on account of (a) tax payments and other governmental fees, and (b) court ordered payments, such as alimony and child support, and (c) payments to Persons outside of the United States.
Resubmitted means that a Payment could not be made because of delivery errors and the Payment was re-sent to the Payee on your behalf. If a Payment is Resubmitted, it may not be received by the Payee by the Estimated Arrival Date or the Due Date.
Scheduled Payment Date means the Business Day of your choice upon which a Payment will be Processed. If you ask us to Process a Payment on a non-Business Day, we will Process the Payment on the Adjusted Payment Date.
Unauthorized Person means any Person who obtains your Access Information without your knowledge or consent and uses it to access Electronic Banking.
3(c) General Terms and Use of the Online Bill Payment Service/Mobile Bill Payment Service:
You must use Compliant Equipment to send us Payment Instructions. You may use Online Bill Payment or Mobile Bill Payment to make Payments from your Pay from Account to one or more Payees. We will make Payments by Check unless a Payee is capable of receiving Payments electronically.
3(c)(i) Types of Payments
3(c)(i)(A) Single Payment
You may schedule a one-time Payment to be made to a Payee. The Payment may be scheduled on a future date, or on the Business Day that you enter the Payment Instruction, provided you do so no later than the Cutoff Time on that Business Day.
3(c)(i)(B) Recurring Payments
Recurring Payments are automatically rescheduled by Online Bill Payment to occur on the Business Day that is closest to the Frequency of Payment anniversary of the initial Scheduled Payment Date.
3(c)(i)(C) Pay Before or Pay After Date
If your Frequency of Payment anniversary is the 29th, 30th, or 31st of a month that does not have that many days, Online Bill Payment will require you to select either a pay before date or a pay after date when you schedule a Payment. Online Bill Payment will calculate and inform you of the Estimated Arrival Date of your Payment. The Estimated Arrival Date is only an estimate. You should allow ample time between the Scheduled Payment Date and the Due Date in order to avoid Delinquency Payments.
3(c)(ii) Funds Availability
On each Scheduled Payment Date, you agree that your Pay from Account will be in compliance with the Funding Requirement.
We reserve the right, without incurring any liability to you, to reject or reverse a Payment if you fail to comply with the Funding Requirement or any other term of this Agreement.
If an Overdraft occurs, you agree to pay the amount of such Overdraft on demand and you further agree that at our option we may debit the Overdraft amount from any of your Accounts.
3(c)(iii) Changing or Canceling a Payment
You may use Online Bill Payment or Mobile Bill Payment to Cancel a Recurring Payment or change its Payment Instructions at any time prior to 3:00 p.m. on the Business Day immediately prior to the Scheduled Payment Date. Payments may not be Cancelled, nor may Payment Instructions be changed, after 3:00 p.m. on the Scheduled Payment Date. You may stop payment on a Recurring Payment that will be made by Check if you notify us prior to the Estimated Arrival Date. If you ask us to Cancel a Payment made by Check (in other words, stop payment) after it has been Processed, we may charge you the stop payment fee set forth in the Fee Schedule.
3(c)(iv) Bill Payment Guarantee
We will use our best efforts to Process all your Payments properly. If we do not properly Process a Payment, we shall be responsible for, and our liability is expressly limited to (a) returning the improperly transferred funds to your Pay from Account, (b) sending to the proper Payee any previously misdirected Payment, and/or (c) payment to you of applicable Delinquency Payments.
Subject to the exclusions identified in the paragraph that follows the sixth bullet, we will reimburse you for Delinquency Payments, not to exceed $25.00 per Scheduled Payment, because a Payee does not receive a Payment by its Due Date if all of the following conditions are satisfied:
- You properly scheduled the Payment to be Processed on a Scheduled Payment Date that is at least five (5) Business Days prior to its Due Date.
- You provided us with an accurate and complete Payment Instruction.
- On the Scheduled Payment Date, your Pay from Account was in compliance with the Funding Requirement.
- The amount of the Delinquency Payments, or the method of their calculation, was published by the Payee prior to the Due Date.
- The Payee must be a business payee.
- You provided documentary evidence satisfactory to us that Delinquency Payments were assessed by the Payee.
In no event, however, will we pay any Delinquency Payments if we are unable to complete a Payment because of the existence of any one or more of the following circumstances:
- We refuse to make a Payment based upon our reasonable belief that such refusal to pay is necessary for security reasons.
- Online Bill Payment, Online Banking, or Mobile Bill Payment is not working properly and you know or have been advised by us about the problem before you input the related Payment Instructions.
- A Payee mishandles or delays application of a Payment.
- A Force Majeure Event prevents us from making a Payment on the Scheduled Payment Date.
3(c)(v) Prohibited Payments
You agree not enter Payment Instructions for any Prohibited Purpose. If you enter Payment Instructions with respect to a Prohibited Purpose, we shall not be liable to you if such Payments are delayed or improperly processed or credited by the Prohibited Payee. We have no obligation to research or resolve any claim resulting from the scheduling and/or Processing of Payments for a Prohibited Purpose. All research and resolution for any misapplied, improperly posted or misdirected Payments for a Prohibited Purpose will be your sole responsibility. We may refuse to make any Payment that we believe to be prohibited by law. We also reserve the right and will promptly notify you of our decision to refuse to make any other Payment.
3(c)(vi) Payee Limitation
We reserve the right to restrict Payees to whom you may direct a Payment for security reasons or for any other reason. We will notify you promptly if we decide to refuse to pay a Payee you designate.
3(d) Limitation of Access
You acknowledge and agree that we reserve the right to limit or suspend your access to Online Bill Payment or Mobile Bill Payment at any time and without any liability. We may also block access to Online Bill Payment or Mobile Bill Payment to maintain or restore security to our web site and systems if we reasonably believe your access codes have been used, are being used, or may be used, by any Unauthorized Person.
3(e) Fees
3(e)(i) Consumer Online Bill Pay/Mobile Bill Pay:
Unlimited Transactions (no fees assessed for initiating Transactions)
Fees for other services, such as stop payment orders, may apply. Please refer to the Fee Schedule
3(e)(ii) Business Online Bill Pay:
$3.99 with 10 or less bill payments per month
$3.99 + $.30 for each payment above 10
Additional fees may apply. Please refer to the Fee Schedule.
4. Contact Us
When you wish to contact us, you may either
- Communicate through our web site.
- Call 866-323-4322 Monday through Saturday from 8:00 a.m. to 8:00 p.m.
- Write a letter and send it to the following address:
FCB
Attention: Customer Service
2610 N. Illinois St.
Swansea, IL 62226
Each time you communicate with us, please provide your name and address.
rev. 7/10
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