We recommend that you print this Agreement and retain for future
reference.
1). The Service.
In consideration of the Online Banking Service ("Service") to be
provided by Sturgis Bank & Trust Company ("Bank"), as described from
time to time in information distributed by Bank to its customers. In
this agreement, "Customer" refers to the person(s) subscribing to or
using the Service. The Customer may use a Personal Computer ("PC")
through an Internet connection to obtain account balances and
transaction information. The Customer may also use a PC to obtain
statements on accounts and to transfer money between accounts. In
addition, a PC may be used to electronically direct the Bank to make
payments from a Customer ("Account") to third parties ("Payees") that
the Customer has selected to receive payments through the Service.
Payments may be made though the Service to any business professional,
merchant, family member or any other entity capable of receiving
payment by either electronic means or regular mail via the United
States Postal Service. The Account means a designated BiIIPay checking
account at the Bank from which the Bank makes bill payments on the
Customer's behalf pursuant to this Agreement. By subscribing to the
Service or using the Service to make any payments to a third party,
the Customer agrees to the terms of this Agreement.
2). Access ID and Password.
Each individual who has access to the Service, including each
individual named on joint accounts, must designate a PASSWORD to
accompany their ACCESS ID. The PASSWORD must be a minimum of six (6)
characters, up to a maximum of fourteen (14) characters, which must
consist of at least one (1) letter, and one (1) number. Characters
used in your PASSWORD are case-sensitive, so a "M" is not the same as
a "m". The Bank will assign the Customer an ACCESS ID along with a
temporary PASSWORD. While the ACCESS ID will remain the same, the
Customer is required to change the PASSWORD the first time the Service
is used. It is recommended that the Customer change this PASSWORD
periodically for increased security. After 90 days of inactivity the
ACCESS ID will become deactivated and a new application will have to
be submitted to continue using internet banking.
3). Equipment.
The Customer is solely responsible for their own equipment to access
the service including, but not limited to, the PC, Internet access and
appropriate browser software. The Bank is not responsible for errors,
delays, or inability to access the Service caused by the Customer's
equipment. The Bank is not responsible for the cost of upgrading
equipment to stay current with the Service nor is the Bank
responsible, under any circumstances, for any damage to the Customer's
equipment or the data resident thereon.
4). Business Days / Hours of Operation.
The Service is available 24 hours a day, seven days a week, (except
during maintenance periods) for inquiries, the scheduling of payment
orders and transfers. For the purpose of this Agreement the Bank's
business hours are 9:00 a.m. to 5:00 p.m. (Eastern Standard Time),
Monday through Friday. Saturday and Sunday are not considered Business
Days in this Agreement.
5).Electronic E-Mail.
We may not immediately receive any E-mail
sent by the Customer. We have a reasonable responsibility to take
action or respond to E-mail requests. Customers CANNOT use e-mail to
make BiIIPay requests, transfer funds or report unauthorized
transactions or unauthorized use of your ACCESS ID or PASSWORD.
Customers MUST notify us at the phone number or address listed in this
Agreement.
6). Authorization to Obtain Information.
You agree that we may obtain and review your credit report from a
credit bureau or similar entity. You also agree that we may obtain
information regarding your Payee Accounts in order to facilitate
proper handling and crediting of your payments.
7). Your BillPay Payee List.
The Payee List is a list of all utility companies, merchants,
financial institutions, insurance companies, individuals, etc. to whom
the Customer makes payments through BillPay. To be processed
correctly, the Customer must include a complete mailing address,
telephone number, and account number for each Payee. The Bank reserves
the right to decline to make payments to certain persons and entities.
8). Scheduling and Delivery of your BillPays and Transfers
(Payments).
Payments may be initiated on the current business day, on a future
date, or on the same date of each month, subject to the restrictions
in this Agreement. Although payment information can be entered through
the Service twenty-four (24) hours a day, seven (7) days a week,
payments can be initiated only on business days (Monday through
Friday, excepting legal banking holidays). Funds will be deducted from
the Customer's Account on the business day on which a payment is to be
"initiated". This date is referred to in this Agreement as the
"Transaction Date". If you direct the initiation of a payment to occur
on a day other than a business day, it will be initiated on the
following business day. After funds are withdrawn from the Customer's
Account, payments may be remitted by the Bank on behalf of the
Customer by mailing the Payee a check, by electronic funds transfer,
including ACH (Automated Clearing House) or by other means as
appropriate. Because of the time it takes to send BillPay payments,
your Payees generally will not receive payment on the Transaction
Date. This applies regardless of whether the BiIIPay is a next-day
payment, a future payment or a recurring payment as described below.
Therefore, in order to provide sufficient time for BiIIPay payments to
be received by Payees, the Transaction Date should be at least five
(5) business days prior to the date the payment is due, excluding any
applicable grace periods offered by the Payee ("Due Date"). It is
helpful to allow additional time for a payment to be completed the
first time a payment is sent to a Payee through the Service. This
allows the Payee to adjust to the new form of payment. A payment may
be scheduled to be initiated on any business day or any future date.
All payments and transfers must be scheduled by the electronic cut-off
time of 6:00 p.m. (Eastern Standard Time) on any business day in order
for the payment to be initiated for that business day.
9). Recurring Payments.
Recurring payments are those made for the same amount scheduled on a
weekly, bi-monthly, monthly basis, or some other consistent interval.
Once started, recurring payments will be made automatically until the
Bank is notified to stop or cancel the Service and the Bank has
sufficient time to cease the recurring payment(s).
10). Canceling Payment.
he Customer may use a PC to cancel a payment up to 6:00 p.m. Eastern
Standard Time on the business day the payment is scheduled to be
initiated ("Transaction Date"). There is no fee for canceling a
payment Online, on the same day the payment order is scheduled to be
initiated, provided the cancellation is made prior to 6:00 p.m.
Eastern Standard Time. A payment that has been sent via EFT may be
recalled for a fee of $15.00 per item, but the Bank cannot guarantee
the ability to recall an item.
11). Bank Liability for Failure to Complete Transactions.
If the Bank does not complete a transaction (BillPay or transfer) to
or from the Customer's Account on time or in the correct amount
according to this agreement, the Bank might be liable for some losses
or damages. However, there are the following exceptions. The Bank will
not be liable:
if, through no fault of the Bank, the Customer does not have
enough money in an account to complete the transaction;
if the money in the Customer's Account is subject to legal
process or other encumbrances restricting the transaction;
if the system was not working properly when the Customer started
the transaction;
if circumstances beyond our control (such as fire or flood or
systems failure) prevent the transaction, despite reasonable
precautions that we have taken; or
if the Customer incorrectly types required information such as
Account number, amount or other necessary information; or
if the Payee mishandles or delays handling payment sent by the
Bank.
12). Exiting The System.
When the Customer is finished using the Service the Exit button must
be used to log out of the Service. If the Customer does not select the
Exit button or the System does not detect Customer activity for a
period of time, the Customer will be automatically logged off the
Service.
13). Statements.
Customers have the capability of viewing up to two (2) month's worth
of deposit Account history (sometimes more for savings and certificate
Accounts) and lifetime history for loan Accounts. All payments,
transfers and/or fees associated with the Service will appear on the
Customer's monthly Account statement. The Payee name, payment amount,
and date of the payment will be shown for each payment made through
the Service during that month. If the Customer enters a transaction
description, this will also appear on the monthly Account statement.
14). Security Procedures.
By accessing the Service, the Customer hereby acknowledges that you
will be entering a protected web site owned by the Bank, which may be
used only for authorized purposes. The Bank may monitor and audit
usage of the System, and all persons are hereby notified that use of
the Service constitutes consent to such monitoring and auditing.
Unauthorized attempts to up-load information and/or change information
on these web sites are strictly prohibited and are subject to
prosecution under the Computer Fraud and Abuse Act of 1986. To ensure
that the highest level of security is used the Customer is required to
use the following browser types with 128-bit encryption capability:
Netscape, version 4.5 or greater
Internet Explorer, version 4.0 or greater
America Online (AOL) version 4.0 or greater
15). Disclosure of Account Information to Third Parties.
We may only disclose information to third parties about your account
or the transactions you make:
where it is necessary for completing transactions or resolving
errors involving the Service; or
in order to verify the existence and condition of your account
for a third party, such as a credit bureau or a merchant; or
in order to comply with government agency rules, court orders,
or other applicable law; or
to our employees, service providers, auditors, collection
agents, affiliated companies, or attorneys in the course of their
duties and to the extent allowed by law; or
if you give us your permission.
16). Notice of Customer Rights and Liabilities.
The security of Customer transactions is extremely important to the
Bank. Use of the Service therefore requires a PASSWORD in addition to
the unique ACCESS ID. If a PASSWORD is lost or forgotten, please call
(269) 651-9345, during normal business hours listed above. The Bank
may require that the Customer verify their identity by providing
personal information such as social security number, date of birth or
home telephone number. The Customer's PASSWORD must be kept secret.
Notify the Bank immediately if the PASSWORD is lost or stolen or if it
is believed someone else has discovered the PASSWORD. It is agreed
that if the PASSWORD is given to someone else, the Customer is
authorizing them to act on behalf of the customer, and the Bank may
accept any instructions given to make transfers or otherwise use the
Service. The Service enables you to change your PASSWORD and the Bank
strongly recommends that the PASSWORD be changed regularly. The Bank
may be liable for certain security breaches to the extent required by
applicable law and regulation. The Bank does not assume any other
liability or otherwise guarantee the security of information in
transit to or from the Bank's facilities. Please note that the Bank
reserves the right to (1) monitor and/or record all communications and
activity related to the Service; and (2) require verification of all
requested transfers in the manner the Bank deems appropriate before
making the transfer (which may include written verification by the
customer). It is agreed that the Bank records will be final and
conclusive as to all questions concerning whether or not the PASSWORD
was used in connection with a particular transaction. If any
unauthorized use of the Customer's PASSWORD occurs, the Customer
agrees to (1) cooperate with the Bank and appropriate law enforcement
authorities in identifying and prosecuting the perpetrator; and (2)
provide reasonable assistance requested by the Bank in recovering any
unauthorized transfer of funds. Tell the Bank AT ONCE if it is
believed the PASSWORD has been lost or stolen. Quick notification is
the best way of keeping losses down. The Customer could lose all the
money in an account (plus your maximum line of credit, if applicable).
If the Bank is notified within two (2) business days, the Customer can
lose no more than $50. If the Bank is NOT notified within two (2)
business days after it is learned of the loss or theft of the PASSWORD
and it can be proved that someone could have been stopped from using
the PASSWORD without permission if the Bank had been notified, the
Customer could lose as much as $500. Also, if the Customer's statement
shows transfers that the Customer did not make, notify the Bank at
once. If the Bank is not notified within sixty (60) days after the
statement was mailed, the Customer, may not get back any money lost
after the sixty (60) days if it can be proved that the Bank could have
prevented someone from taking the money if the Bank was notified in
time. If it is believed the PASSWORD has been lost or stolen or that
someone has transferred or may transfer money from an account without
permission, call (269) 651-9345 during normal business hours listed
previously. THE BANK CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN
PASSWORDS, OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
17). Errors and Questions.
In case of errors or questions about electronic transactions,
telephone the Bank at (269) 651-9345, 9:00 a.m. through 5:00 p.m.
(Eastern Time), Monday through Friday, or write us at:
Sturgis Bank & Trust Company Attn: Online Banking Officer P.O. Box
600 Sturgis, MI 49091 as soon as possible, if you think a statement or
receipt is incorrect or if more information is needed about a
transaction listed on the statement or receipt. The Bank must hear
from the Customer no later than sixty (60) days after the FIRST
statement was sent on which the problem or error appeared. You will
need to:
list your name, contact information (address and daytime phone
number) and Account number
describe the error or the transaction you are unsure about, and
explain as clearly as you can why you believe it is an error or why
you need more information
tell us the dollar amount of the suspected error
If the Bank is notified verbally, you may be required to send the
complaint or question in writing within ten (10) business days
following the date the Bank was notified. The Bank will determine
whether an error occurred within ten (10) business days [twenty (20)
business days if the notice of error involves an electronic fund
transfer to or from the account, 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 complaints or
questions. If we decide to do this, we will credit your account within
ten (10) business days [twenty (20) business days if the notice of
error involves an electronic fund transfer to or from the account for
the amount you think is in error, so that you will have use of the
money during the time it takes us to complete our investigation. If we
ask you to put your complaint or question in writing and we do not
receive it within ten (10) business days, we may not credit your
account. If we determine there was no error, we will reverse the
previously credited amount, if any, and 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.
18). Termination.
To terminate access to the Service, call (269) 651-9345 during regular
business hours. After receipt of the call, a written termination
authorization for signature and return will be sent. In order to avoid
imposition of the next monthly fee, the written authorization to
terminate must be received five (5) days before the service charge is
scheduled to assess. RECURRING TRANSFERS WILL NOT NECESSARILY BE
DISCONTINUED BECAUSE ACCESS TO THE SERVICE IS TERMINATED. TO MAKE SURE
THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, FOLLOW THE
PROCEDURES IN THE CANCELING PAYMENTS PARAGRAPH PREVIOUSLY LISTED OR
SPECIFICALLY STATE ON THE TERMINATION AUTHORIZATION THAT YOU WANT ALL
RECURRING TRANSFERS TERMINATED. The Bank reserves the right to
terminate the Service, in whole or in part, at any time with or
without cause and without prior written notice. In that event, or in
the event that the Customer provides a termination notice, the Bank
may (but is not obligated to) immediately discontinue making
previously authorized transfers, including recurring transfers and
other transfers that were previously authorized but not yet made. The
Bank also reserves the right to temporarily suspend the Service in
situations deemed appropriate by us, in our sole and absolute
discretion, including when we believe a breach of system security has
occurred or is being attempted. The Bank may consider repeated
incorrect attempts to enter the PASSWORD as an indication of an
attempted security breach. Termination of the Service does not affect
the Customer's obligation under this Agreement with respect to
occurrences before termination.
19). Governing Law.
The laws of the state of Michigan shall govern this Agreement and all
transactions hereunder. Customer acknowledges that he/she has reviewed
this Agreement, understands the terms and conditions set forth herein
and agrees to be bound hereby.
20). Limitation of Liability.
Except as otherwise provided in this Agreement or by law, the Bank is
not responsible for any loss, injury, or damage, whether direct,
indirect, special or consequential, caused by the Service or the use
thereof or arising in any way out of the installation, operation, or
maintenance of the Customer's PC equipment.
21). Indemnification.
The Customer, in consideration of being allowed access to the Service,
agrees to indemnify and hold the Bank harmless for any losses or
damages to the Bank resulting from the use of the Service, to the
extent allowed by applicable law.
22). Assignment.
The Customer may not transfer or assign your rights or duties under
this Agreement.
23). Waivers.
No waiver of the terms of this Agreement will be effective, unless in
writing and signed by an authorized officer of the Bank.
24). Amendments.
The Bank can change a term or condition of this Agreement by mailing
or delivering to the Customer a written notice at least thirty (30)
days before the effective date of any such change. The Bank does not
need to provide you with any prior notice where an immediate change in
the terms or conditions of this Agreement is necessary to maintain or
restore the security of the system or an account. However, even in
these cases, if the change is to be made permanent, the Bank will
provide the Customer with a notice of the change with the next
regularly scheduled periodic statement sent, or within thirty (30)
days, unless disclosure would jeopardize the security of our system or
an Account. Notices mailed or delivered to the Customer as discussed
in this paragraph will be considered effective if mailed to the most
recent Customer address in our Account records, or e-mail address to
which the Customer authorized receipt of such notices and/or
disclosures.
