Terms and Conditions
ROCKFORD BANK & TRUST
PERSONAL ONLINE BANKING AGREEMENT
TERMS AND CONDITIONS OF USE
This Agreement, which includes the Enrollment Form and any other documents provided to you pertaining to this product, is a contract that establishes the rules applicable to your electronic access to your accounts at Rockford Bank & Trust through the Personal Online Banking System. By using the Personal Online Banking System, you accept all the terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your accounts as well as your other agreements, such as loan agreements, with Rockford Bank & Trust continue to apply.
For the purposes of this Agreement, the words “Bank”, “we” and “us” mean Rockford Bank & Trust and “you”, “your” and “Customer” refer to the account holder authorized by Bank to use the Personal Online Banking System under this Agreement and anyone else authorized by you to exercise control over your funds through the Personal Online Banking System. In addition, the following terms will have the following specified meanings:
“Account” or “Accounts”: Your account(s) at Bank set up for Personal Online Banking.
“Account Information”: All information about the Account(s) including but not limited to the balance information; the status and description of any or all items, debits, credits or charges related to the Account(s), the account history, and all other information about the activity associated with the Account(s).
“Agreement”: This Personal Online Banking Agreement.
“Available Balance”: The Current Balance of the Account minus holds, all but one-day float, and memo posted debits plus memo posted credits.
“Business Day”: Any day during which the Bank is open for business, in accordance with specified cut-off times, and during which Bank is able to download your information and process transactions, excluding Saturdays, Sundays and legal holidays. Except as otherwise provided herein, any request for Personal Online Banking System services received prior to our cut-off time will be processed on the Business Day of receipt.
“Current Balance”: The Account balance that is the result of the total debit and credit activity as of a specific date and time for all Accounts.
“Collected Balance”: The Current Balance of the Account, less any holds or memo credits or debits.
“Hold”: A restriction on payment of all or any part of the balance in an Account.
“Personal Online Banking” or “Personal Online Banking System”: The services accessed via this Agreement.
“Real Time”: The ability to immediately view transactions posted as they are processed.
“Reg. D Transaction Limitations”: The limitations on transfers from a savings or money market savings account to another account or to third parties under Federal Reserve Regulation D. In general, transfers by preauthorized, automatic, savings overdraft protection, and telephone transfer are limited to 6 per statement cycle with no more than 3 by check, draft, debit card, POS, or similar order to third parties. Transactions made via Personal Online Banking are included as preauthorized or automatic transfers subject to these limitations. Any transactions in excess of these limits must be done in person at the Bank to avoid excess withdrawal fees or be subject to account closure.
2. Personal Online Banking Access and Capabilities.
You may use Personal Online Banking seven days a week, twenty-four hours a day, although some or all services may not be available due to nightly processing, emergency or scheduled system maintenance.
As described in more detail below, you may use Personal Online Banking to check the balance of your enrolled Rockford Bank & Trust Account(s), view Account histories, transfer funds between internal and eligible accounts (eligible accounts are any account held in your name individually or jointly whether as an owner, co-owner, joint owner, or a signer), order checks, view checks, and send secure messages to the Bank. Bank reserves the right to eliminate or change any of the function capabilities at any time without prior notice.
Account Inquiries: You my receive all information about your Account(s), including the Account balance information, the status and description of any and/or all items, debits, credits or charges related to the Account, the Account history, and all other information about activity associated with the Account.
Initiate Transfers: You may initiate transfers between any Accounts set up within Personal Online Banking with the exception of time accounts, certain loan accounts, non-transaction accounts, and other accounts designated by the Bank as transfers not allowed. Transfers are governed by Reg. D Transaction Limitations. Any transfers in excess of these limits must be done in person at the Bank. Evidence of these transfers will appear via history on the Personal Online Banking System as well as on the monthly Account statements. You must notify Bank immediately of any improper transfer.
You are not permitted to transfer more than the Available Balance from Accounts. You agree to have available and collected funds on deposit in the Account funds are transferred from, in amounts sufficient to process the transfer as well as any other payment obligations to the Bank. The Bank reserves the right, without liability, to reject or reverse a transfer if you fail to comply with this requirement or any other terms of this Agreement. If uncollected funds cause your Account to become overdrawn, you agree to pay for such payment obligations and any overdraft fees on demand. You further agree that Bank, at its option, may charge any of your accounts with Bank to cover such payment obligations.
If more than one funds transfer request from or between Accounts is made at or about the same time and the Available Balance in the applicable Account does not cover all of such funds transfer requests, Bank at its option may execute as many of such funds transfer requests as possible within the dollar limits of such Available Funds, in any order convenient to Bank.
Secure Messaging (to and from the Bank): You may use the secure messaging feature on the Personal Online Banking System to transmit secure messages to the Bank at any time. The Bank is not responsible for any delay in messages being retrieved. Urgent messages must be verified by a telephone call to the Bank. You are responsible to periodically check for secure messages sent by the Bank.
Account Export: You may perform a file export to an outside software package compatible with the Personal Online Banking System for the purposes of Account reconciliation through the third party vendors’ software. Software capability is not guaranteed.
View Images of Cleared Checks: You will be able to view an image of a paper check that has cleared the Account for a the current month, the prior month and three months prior. The Bank is not responsible for the quality of the image.
Alerts: You may set up an email address/addresses to receive balance, transaction, and new secure message alerts.
3. Customer’s Acknowledgements, Responsibilities and Liabilities.
User Manual: You can access the User Manual through the on-line help screen. You agree not to copy or otherwise duplicate the on-line User Manual or updates. You agree to notify Bank promptly and in writing of any circumstances of which you have knowledge relating to any possession, use, or use of knowledge of any portion of the Personal Online Banking System and/or the on-line User’s Manual by an unauthorized person.
Access: In order to utilize the Personal Online Banking System, you must have at least one account at Rockford Bank & Trust, access to Internet service, an e-mail address, browser and related equipment (collectively, the “Equipment”). You understand and agree that it is your sole responsibility to obtain, install, operate and maintain the Equipment in accordance with the instructions of the Equipment manufacturer. You assume sole responsibility for any and all loss, damage or injury arising with respect to any failure of the Equipment. Bank undertakes no obligation to monitor transactions through the Personal Online Banking System to determine that they are made on behalf of the Account holder.
Security: You understand the importance of the role of security in preventing misuse of Accounts through the Personal Online Banking System and you agree to examine all periodic statements as soon as they are received. It is your sole responsibility to protect the confidentiality of the Account(s), Account number(s) and passwords, your personal identification information, such as your driver’s license number, ATM/Debit card number, and your social security number. You understand that personal identification information by itself, or together with information related to your Account, may allow unauthorized access to your Account. Your password and login ID are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via the Personal Online Banking System is encrypted in an effort to provide transmission security. The Personal Online Banking System utilizes identification technology to verify that the sender and receiver of transmissions can be appropriately identified by each other.
You acknowledge that the Internet lacks inherent security for transactions. Bank cannot and does not guarantee that downloads from Personal Online Banking will not contain a virus or other destructive device. Additionally, you will provide, receive and request information via the Internet with the knowledge that such information can be intercepted and/or viewed by unknown third parties. Bank cannot and does not warrant that all data on transactions utilizing the Personal Online Banking System, or email transmitted to and from us, will not be monitored or read by others. Firewalls and anti-virus programs are required to help decrease any potential security breaches. It is your responsibility to protect your information and to maintain your computer with updated virus protection and spy ware.
You are solely responsible for the risks associated with disclosure of the login ID and unauthorized use of the Personal Online Banking System. The Bank is fully protected in performing any and all Personal Online Banking System transactions entered under valid ID, whether or not the person actually entering such transaction is authorized by you to perform such transactions. You will notify Bank immediately in the event the security, ID(s) and/or password(s) have been compromised or that unauthorized Personal Online Banking transactions have occurred. You will also immediately sign on to change your current ID and password in the event the security, ID(s) and/or password(s) have been compromised or that unauthorized Personal Online Banking transactions have occurred. You will not disclose any information pertaining to the use or the components of the Personal Online Banking System to any non-authorized user. You agree that the security procedures described above constitute a commercially reasonable method of providing security against unauthorized use of the Personal Online Banking System.
You further understand and agree that, notwithstanding any other instructions or agreements that may require two or more signatures to access an Account, any one user will have access to that Account through the Personal Online Banking System.
Password: For security purposes, you are required to change your password upon your initial login to the Personal Online Banking System. You determine what password you will use and the identity of your password is not communicated to us. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to Personal Online Banking System will be revoked. To re-establish your authorization to use Personal Online Banking, you must contact us to have your Account unlocked or to obtain a new temporary password. Bank recommends that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
4. Responsibilities and Liabilities of Bank.
The Bank will use its best efforts to provide you with access to the Personal Online Banking System in accordance with the provisions of this Agreement. However, Bank will not be liable for any damages whatsoever arising in connection with a failure of the communications network, the Equipment or the Personal Online Banking System, or in connection with events beyond our control. Because the Personal Online Banking System utilizes information contained in Bank databases that may not necessarily reflect all current transactions, Bank will not be liable to you for any damages whatsoever arising in connection with the accuracy or completeness of information supplied through the Personal Online Banking System regarding your Accounts.
Subject to the foregoing, BANK MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PERSONAL ONLINE BANKING SYSTEM, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Bank does not and cannot warrant that Personal Online Banking will operate without errors, or that any or all Personal Online Banking System services will be available and operational at all times.
Other than as provided elsewhere herein, Bank will not be liable to you for any damages for any cause whatsoever and regardless of the form of action shall be limited to direct damages sustained by you, but only to the extent that such damages are the direct result of Bank’s own gross negligence or willful misconduct and, in such cases, damages will be limited to the amount of the average monthly fees and charges paid by you for the Personal Online Banking System. In no event shall the Bank be liable for any special, indirect, incidental, consequential, or punitive damages even if Bank is advised of the possibility of such damages.
5. Bank’s Liability for Failure to Make Transfers
If Bank does not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, Bank will be liable for your losses or damages. However, there are some exceptions. Bank will NOT be liable, for instance:
• If, through no fault of ours, you do not have enough money in your Account to make the transfer,
• If the transfer would go over the credit limit on your overdraft line or line of credit,
• The funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account,
• If our computer was not working properly and you knew about the breakdown when you started to submit the transaction,
• If circumstances beyond our control (such as fire, flood, mechanical or electrical failure) prevent the transfer, despite reasonable precautions Bank has taken,
• The transfer or payment information supplied to us by you is incorrect, incomplete, or untimely,
• If you have not properly followed the instructions for using our Personal Online Banking System,
• If your operating system or software was not properly installed or functioning properly; or
• There may be other exceptions stated in our deposit agreement with you.
6. In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments.
In case of errors or questions about your electronic transactions on Personal Online Banking or if any statement you see shows transactions that you did not make, call or write us as soon as you can at call 815.489.2114, or write to us at Rockford Bank & Trust, 4571 Guilford Road, Rockford, IL 61107. We must hear from you no later than 60 days after we communicated the FIRST statement on which the problem or error appeared.
• Tell us your name 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 date and dollar amount of the suspected error.
If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days.
Generally, we will tell you the results of our investigation within 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 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 Business Days 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 10 Business Days, we may not credit your Account. We will tell you the results within 3 Business days after we finish our investigation. If we decide that there was no error, we will send you a written explanation and debit any money previously credited to your Account. You may ask for copies of documents that we used in our investigation.
7. Your Liability for Unauthorized Transfers.
Tell us AT ONCE if you believe your password has been compromised or stolen or if you believe that an electronic transfer has been made using the information from your check without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you learn of the loss or theft of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your password, and we can prove that we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
8. Change in Terms.
Bank may change any term of this Agreement at anytime. If the change would result in increased fees for any Personal Online Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, Bank agrees to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. Bank will post any required notice of the change in terms on the Bank web site or forward by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, Bank will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any part of or the entire Personal Online Banking System indicates your acceptance of the change in terms. Bank reserves the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific Accounts are governed by the applicable deposit agreements and disclosures.
9. Costs, Fees and Charges.
You will pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of Personal Online Banking. You also agree to be liable for any Account shortage resulting from charges or overdrafts, whether caused by you or another with access to this product. This liability is due immediately, and can be deducted directly from the Account whenever sufficient funds are available. This includes liability for Bank’s costs to collect the deficit including, to the extent permitted by law, our reasonable attorney’s fees.
We will disclose information to third parties about your Account or transactions:
• When it is necessary to complete transfers or bill payment or to investigate or resolve a problem related to a transfer or bill payment,
• To verify the existence and condition of your Account for a third party, such as a merchant or credit bureau,
• To comply with a government agency or court orders or at the request of a bank regulator,
• If you give us your permission,
• At our discretion, to our affiliates other than for marketing purposes.
Your Right to Terminate: You may cancel Personal Online Banking at anytime by providing us with written notice by postal mail or fax. Your access to Personal Online Banking System will be suspended within 3 Business Days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate: You agree that Bank may terminate or limit your access to Personal Online Banking if, without prior notice, you have insufficient funds in any one of your Accounts (Personal Online Banking System service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits or, upon reasonable notice, for any other reason in our sole discretion.
12. Communications between Bank and You.
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Secure message: Send an email via the secure messaging feature in Personal Online Banking. If you send us an electronic mail message through Personal Online Banking, Bank will be deemed to have received it on the following Business Day. E-mails will be answered within a reasonable timeframe.
You should not rely on electronic mail if you need to communicate with Bank immediately (e.g., if you need to report an unauthorized transaction from one of your Accounts). You agree that Bank may respond to you by secure messaging with regard to any matter related to the Personal Online Banking System, including responding to any claim of unauthorized electronic funds transfer that you make. Any such secure message sent to you by Bank will be considered received within 3 days of the date sent by Bank, regardless of whether or not you sign on to Personal Online Banking within that time frame.
Telephone: You can contact us by telephone at 815.489.2114.
Mail: You can write to us at:
Electronic Banking Department, Rockford Bank & Trust, 4571 Guilford Road, Rockford, IL 61107
This Agreement is subject to applicable federal laws and the laws of the State of Iowa 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 according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. You may not assign this Agreement. This Agreement is binding upon your heirs and Bank’s successors and assigns. Certain obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.