Online Banking Terms and Conditions

The first time you access your accounts through Online Banking, you agree to be bound by the terms and conditions of this Online Banking Agreement (“Agreement”) and acknowledge its receipt and your understanding of its terms.

 

This Agreement explains the terms and conditions for accessing accounts and conducting transactions at Bank of O’Fallon (“Institution”, “we”, “us” and “our”) via our www.bankofallon.com Online Banking site(s) as used in this agreement, “you" and “your” refer to each person signing an Online Banking Enrollment Form.

 

Online Banking Benefits

 

Through Online Banking, you can manage eligible accounts from your personal computer whether at home or in your office. Online Banking can be used to conduct any of the following online services:

 

  • Obtain balances and transaction histories on all eligible accounts enrolled in Bank of O’Fallon Online Banking (all account balances are real time balances and transaction histories reflect activity through the close of the previous banking day).

     

  • Transfer money between eligible accounts (each transfer made through Online Banking from a savings or money market account is counted as one of the limited transactions permitted each statement cycle, as described in the applicable account disclosure. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires).

     

  • Transfer money to pay your consumer loan, business loan or other eligible loans at Bank of O’Fallon.

     

  • Pay bills to any qualifying merchant, financial institution or an individual with a U.S. address. You may transfer funds to and from designated Bank of O’Fallon Deposit accounts that are related through the same registration and are eligible for such transfer in accordance with the rules applicable to such Deposit Account and this Agreement. You must be an owner of and have the unrestricted right of withdrawal from all accounts to or from which you request a transfer. Transfers are not allowed to or from certificates of deposit. Bank of O’Fallon and IPay reserves the right to deny any bill pay request and do not guaranty that all bills, payments or transfers may be processed through IPay Bill Pay.

     

Bank of O’Fallon may, from time to time, introduce new online services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its amendments.

 

Security & Protecting Your Account

 

The staff at Bank of O’Fallon is strongly committed to protecting the security and confidentiality of our customers account information. We use several techniques to help secure our Online Banking Service, including the following:

 

You can only access Bank of O’Fallon with certain browsers that have a high security standard.
You must have a valid User ID and personal identification number (“password”) to log on.
If no action is taken for 5 minutes, you will be automatically
logged off the Online Banking service.

 

 

Requirements

 

To access Online Banking with Bank of O’Fallon, you must have a Microsoft, Netscape or compatible web browser and 128-bit data encryption capability. Once the user has established a “session” with the server, the user and the server are in a secured environment. Because the server has been certified as a 128-bit secure server by VeriSign, data traveling from the user to the server and back is encrypted with Secure Sockets Layer (SSL) protocol.

 

In addition to needing compatible software, you must have a valid User ID and “Password” to access Bank of O’Fallon Online Banking. If you do not have at least one of the following accounts, listed below, with Bank of O’Fallon, you will be unable to access our Online Banking service.

 

  • Checking Account

     

  • Savings Account

     

  • Money Market Account

     

  • Loan

     

  • Christmas Club

     

These accounts may not be established through our Online Banking. In order to open any type of account with Bank of O’Fallon, you must personally visit one of our banking locations. Accounts that require two or more signatures to make withdrawals, transfers or other transactions are not eligible for Online Banking Services with Bank of O’Fallon.

 

Online Password

 

Your password will give you access to Online Banking. Bank of O’Fallon is entitled to act on any instructions it receives using your password. For security purposes, it is recommended that you memorize your password and do not write it down. At the initial log in, you will be required to change your password. The minimum password length will be 8 characters and a maximum of 12 characters. Your password will require a capital letter, lowercase letter, number, and special character. Your password should not be associated with any commonly known personal identification and should be memorized rather than written down.  For added security your password will change every 90 days to try and avoid misappropriation by a third party. You will be notified within the Online Banking site that your password will expire in 10 days. After the expiration of your password you will automatically be asked to change it at that time. You are responsible for keeping your password and account data confidential. When you give someone your password, you are authorizing that person to use your Online Banking with Bank of O’Fallon. You are responsible for all transactions performed using your password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your password will be charged against your account(s). If you lose/forget your password or User ID, you must contact the bank to have it reissued. Bank of O’Fallon reserves the right to suspend access to our Online Banking site if a password is misused or needs to be reissued. Passwords will not be reissued until Bank of O’Fallon is satisfied that they are issuing a password to the proper account holder.

 

Accessibility

 

You can usually access our Online Banking seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of Online Banking may not be available due to system maintenance, host computer availability, or reasons beyond our control at Bank of O’Fallon. We do not warrant that Online Banking will be available at all times. An online transaction initiated prior to 3:00 PM Central Standard Time on a banking day is posted to your account the same day. All online transactions completed after 3:00 PM Central Standard Time or on a non-banking day, may be posted the following banking day.

 

Restrictions

 

You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Online Banking service of Bank of O’Fallon. You may not gain, or attempt to gain, access to any Online Banking server, network or data not specifically permitted to you by Bank of O’Fallon or its third party suppliers.

 

Stop Payment Requests

 

The Customer acknowledges that the Stop Payment feature of Online Banking is an alternate entry system for issuing Stop Payment Orders. Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically.  When using the stop payment feature for a paper check, the customer warrants that the information describing the check or draft, including the check or scheduled transfer date, its exact amount, the check number and payee are correct. Customer acknowledges that the exact amount of the check or draft is required, and if the incorrect amount or any other incorrect information is provided, the Bank will not be responsible for failing to stop payment on the item. Customer agrees that the Stop Payment Order must be received by the Bank within 3 business days time for the Bank to act on the order prior to final payment of the check or ACH/EFT Transfer. A Stop Payment order received by the Bank using this service, will be effective for six (6) months only, and will expire automatically at that time, without further notice, unless specifically renewed prior to expiration. For all stop payments initiated online, a signed printed copy of the stop payment must be brought in or mailed to the Bank within 14 calendar days. A $20.00 fee will be automatically debited from your account for the stop payment request. This fee will be charged even if the customer has made an error while entering in the stop payment information.

Bill Payment Service

 

The Bill Payment service allows you to schedule bill payments through Online Banking. Bank of O’Fallon does not provide the service directly. Instead, Bank of O’Fallon entered into an agreement with the bill payment provider, IPay, to provide the bill payment services directly to you. Subject to any regulatory or Institution-imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a checking account which you have designated from Bank of O’Fallon. There is no limit to the number of payments that may be authorized and you may pay any merchant or individual approved by the bill payment provider. While you initiate payments electronically, they are ultimately paid via an automated clearinghouse (ACH) network entry or by a paper check. Payments delivered over an ACH network are governed by the rules and performance standards of that network.

 

By furnishing the names of your payees/merchants and their addresses, you authorize Bank of O’Fallon and IPay to follow the payment instructions you provide for those payees/merchants. When payment instructions are received, funds will be remitted from the selected account, to the appropriate payee on your behalf on the day that you request (“Payment Date”). However there is no obligation to make requested payments until your account has sufficient funds or credit available to pay the bill as of the Payment Date. Funds for bill payments will be withdrawn from your account on the applicable payment date. If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day. By using our bill pay system, you agree that based upon your instructions received under your password, Bank of O’Fallon may charge your designated account by electronic transfer, “no signature required draft,” or by debiting and remitting funds per your instructions.

 

Please Note: Any payment made through the bill payment service requires sufficient time for your payee to properly credit your account. To avoid any charges or fees imposed by the payee, you must authorize and schedule a payment on a date which is sufficiently in advance of the due date of your payment. Bank of O’Fallon or IPay will not be responsible for any charges, late charges or finance charges, that may be imposed by the payee which would result from a late payment.

 

Bank of O’Fallon and IPay reserve the right, to implement security features to reduce risk of loss. These may include requiring pre-authorized drafts, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received. Bank of O’Fallon and IPay also reserve the right to terminate your use of Bill Payment services at any time.

 

If you are denied access to IPay s Bill Payment service six (6) or more times in any 12-month period due to an insufficient fund situation, the Bill Payment Service may be terminated. Online Banking without Bill Pay will continue subject to the Terms and Conditions Agreement.

 

If, for any reason, you ever wish to cancel Online Banking, we strongly suggest that you cancel all future bill payments at the same time. This will ensure that future payments and transfers made by you will not be duplicated. Scheduled payments must be canceled, by following the onscreen instructions, before 3:00 P.M. (CST) on the date the payment is scheduled to be debited from your account. Bank of O’Fallon will continue to maintain your accounts until you notify us otherwise.

 

Periodic Statements

 

You will not receive a separate online banking statement. Your online transactions will appear on the respective periodic paper statements for your banks accounts.

 

Responsibility

 

Bank of O’Fallon nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; however transactions may be approved through Online Banking and/or Bill Payment service that overdraw the account and fees($20.00 NSF Fees) may be incurred; (ii) a legal order prohibits withdrawals from your account; (iii) your account is closed or has been frozen; (iv) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Banking; (v) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vi) you did not provide us with complete and correct payment or transfer information; (vii) you did not properly follow the instructions for Online Banking; (viii) you knew that Online Banking was not operating properly at the time you initiated the transaction or payment; (ix) there is postal delay; or (x) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction. ``

 

Fees and Charges

 

Internet Banking with Bank of O’Fallon will be provided as a free service to our customers who maintain satisfactory accounts with us. If you choose to use Bill Pay services offered by IPay, you will be entitled to (3) free months of bill pay. After the (3rd) month of Bill Pay, you will be charged $4.95 per month . The monthly Bill Payment fee will be charged to your designated account at Bank of O’Fallon. Unless otherwise specifically indicated, all fees shall be deducted automatically on a monthly basis from your account you designate at Bank of O’Fallon.  In the event your designated account has insufficient funds to cover any fees, Bank of O’Fallon may deduct the fees from any other account you have at Bank of O’Fallon in any order it chooses. If you close the designated account, you must notify Bank of O’Fallon and identify a new account to be used. Additionally, if you close all Bank of O’Fallon accounts, you must notify us and cease all use of the Online Bill Payment service. If fees cannot be collected from any of your accounts, Bank of O’Fallon may cancel all or some of your Online Services. After cancellation, Bank of O’Fallon may reinstate some or all of the Online Services, at its discretion, if you deposit sufficient funds in your account(s) to cover any accrued fees and pending transfers or debits. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are solely responsible for any telephone, cable, satellite and Internet Service provider charges incurred when using the Online Services offered to you by Bank of O’Fallon.

 

 

Unauthorized Transactions

 

You should notify us immediately if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within two (2) business days of discovering the loss or misappropriation, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (if you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for circumstances that were beyond your control.

 

When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If you confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.

 

Electronic Mail (E-Mail)

 

E-mail transmissions may not be secure. Any e-mail you send us may be intercepted by a third party outside the security of the website. Therefore, we urge you to not send us sensitive information such as account numbers or PIN numbers by using a public e-mail system. Once you have entered our online banking system, your information is routed through a secure server. Use e-mail to contact us about our products and services, and one of our customer service people will be in contact with you. Finally, please be aware that any electronic mail you send us will become our property and retained for future reference. Bank of O’Fallon will not send an e-mail requesting any personal information, account numbers, or passwords from you.

 

Links to other Sites

 

Information that Bank of O’Fallon publishes on the World Wide Web may contain links to other sites and third parties may establish links to Bank of O’Fallon’s site. Bank of O’Fallon makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Bank of O’Fallon does not endorse the products or services offered by any company or person linked to this site nor is Bank of O’Fallon responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.

 

Third Party Software

 

Bank of O’Fallon makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with Bank of O’Fallon Online Banking services (e.g. Quicken, Microsoft Money, Quickbooks).

 

Virus Protection

 

Bank of O’Fallon is not responsible for any electronic virus that you may encounter using the Online Banking services. We recommend that you scan your computer and diskettes on a regular schedule using a reliable virus protection product, which has been updated regularly, to detect and remove viruses.  If undetected and not repaired, a virus can corrupt and destroy your programs, files and hardware. A virus can even send out sensitive information from your computer which may be received and used maliciously by third parties.

 

Children’s Online Privacy Protection Act

 

From our web site, we do not knowingly collect or use personal information from children under 13 without obtaining verifiable consent from their parents. We do not knowingly solicit or collect data from children, and we do not knowingly market to children online without express parental consent or notification.  Should a child whom we know to be under 13 send personal information to us, we will only use that information to respond directly to that child, seek parental consent, or provide parental notice. We are not responsible for the data collection and use practices of nonaffiliated third parties to which our web sites may link.

 

Damages and Warranties

 

In addition to the terms previously disclosed, Bank of O’Fallon is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special punitive, incidental or consequential, (collectively, “Losses”) caused by Online Banking or the use of IPay Bill Pay service or in any way arising out of the installation, use or maintenance of your personal computer hardware of software, including any software provided by Bank of O’Fallon or one of its suppliers. In addition, Bank of O’Fallon disclaims any responsibility for any electronic virus that a customer may encounter after installation of such software or use of Online Banking Services.

 

Without limiting the foregoing, neither Bank of O’Fallon nor its suppliers shall be liable for any: (i) failure to perform or any losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption or acts of God; or (ii) the loss, confidentiality or security of any data while in transit via the Online, communication lines, postal system or ACH network. Bank of O’Fallon and its suppliers provide Online Banking and IPay Bill Pay services from their own sites and they make no representation or warranty that any information, material or functions included in Online Banking or IPay Bill Pay services are appropriate for use by you in your jurisdiction. If you choose to use Online Banking and/or IPay Bill Pay services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Bank of O’Fallon nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking, IPay Bill Pay services, or contained in any third party sites linked to or from Bank of O’Fallon’s web site. BANK OF O’FALLON MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, IPAY BILL PAY SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. BANK OF O’FALLON DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

 

Indemnification

 

Customer shall indemnify, defend and hold harmless Bank of O’Fallon and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any losses arising out of: (i) customer’s negligence; (ii) customer’s failure to comply with applicable law; or (ii) customer’s failure to comply with the terms of this Agreement.

 

Termination and Changes in Terms

 

Bank of O’Fallon reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. You agree that we can terminate or limit your access to Bank of O’Fallon Online Banking for any of the following reasons: 1) Without prior notice, if you have insufficient funds in any one of your bank accounts. Bank of O’Fallon Online Banking service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits. 2) Upon three business days’ notice, if you do not contact us to designate a new primary checking account immediately after you close your primary checking account. 3) Upon reasonable notice, for any other reason at our sole discretion. When changes are made, we will notify you by at least one of the following ways: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.

 

Consent to Electronic Delivery of Notices

 

You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the bank Website or by e-mail. You agree to notify us immediately of any change in your e-mail address.

 

Applicable Rules, Laws, and Regulations

 

You submit to the jurisdiction of, and this agreement shall be governed by, the laws of the State of Illinois as well as the laws of the United States .   We and you agree that the 20th Judicial Circuit Court of St. Clair County, Illinois or the United States District Court of Illinois (Southern District)shall have jurisdiction over and shall be the venue for any disputes.  The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.

 

Assignment

 

Bank of O’Fallon may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.

 

Integration

 

This Agreement constitutes the entire agreement between the parties in its entirety with respect to the use of this web site and it supersedes all prior or existing communications and proposals, whether electronic, oral or written, between you and Bank of O’Fallon with respect to this web site and Online Banking service. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

If any part of this agreement is determined to be unenforceable by a court of competent jurisdiction, the unenforceable portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the remainder of the agreement shall continue in full force and effect.

 

Severability

 

If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and Bank of O’Fallon, this Agreement will control.

 

Waiver

 

Bank of O’Fallon shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Bank of O’Fallon of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.

 

Force Majeure

 

Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.

 

Construction

 

This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.

 

 


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