Electronic Services Agreement and Disclosure
This Agreement describes your rights and obligations as a user of any and all electronic services provided to you: Online Banking, Online Bill Payment, and Electronic Statements and Documents (eStatements/ Online Documents) for deposit or loan accounts. This Agreement also establishes the rights and obligations of American Chartered Bank. Please read this disclosure carefully. Your acceptance of this disclosure by signature, continued use of this service or online agreement constitutes your agreement to comply with these terms and conditions. We may terminate any of your Electronic Services under this agreement without providing notice to you for any reason. You are responsible for complying with all terms of this Agreement governing the deposit or loan accounts which you access using electronic banking services. The laws of the State of Illinois and applicable Federal Law govern this Agreement. This agreement is subject to change from time to time. We will notify you of any material change regarding this agreement via email. Any fees are disclosed on our schedule of fees (Fee Schedule) or prior to your submitting your request (Bill Payment services such as CD orders or immediate payments). These fees are subject to change. You will be notified in writing at least twenty-one (21) days in advance of any changes.
- Do not share your User ID or Passwords with others. American Chartered Bank is not liable for unauthorized access via your password or personal computer if you share that information with others.
- User IDs must be a minimum of 8 characters and contain a minimum of 2 letters and 2 numbers – except for those IDs “grandfathered” during our system conversion in 2011.
- Please maintain adequate procedures to prevent unauthorized access to your personal computer.
- If your password is compromised, lost, or stolen please contact American Chartered Bank immediately.
- You are required to change your password annually and may not re-use previous passwords.
- Passwords must be between 8 and 16 characters, are case sensitive and must contain a minimum of two numbers and two letters. The following special characters are permitted: ! @ # $ % ^ & * ( ).
- Passwords may not re-use phrases from the User ID and may not contain 3 or more of the same character in a row, for example: 1111 or aaaa
- For your protection and in accordance with Federal Regulations, you may be required to answer certain security questions to prevent unauthorized access.
- You are responsible for obtaining, installing, maintaining and operating all computer hardware and software necessary for Online Banking, Online Bill Payment, and Online Documents.
- To ensure against unauthorized access to your services, American Chartered Bank will ask personal identifying information prior to resetting Passwords, User IDs.
- American Chartered Bank will provide online instructions describing how to use the Online Banking service or Bill Pay services. American Chartered Bank will assign one(1) User ID and one(1) Password to the individual authorizing this agreement. Only account owners and authorized signers of a business may enroll in consumer online banking. If you believe that this user ID or password has become known by unauthorized persons, or you have removed an Account Owner or Authorized Signer, immediately change your password. In the event of an Authorized Signer leaving your employment, contact us to disable their online access.
- You are responsible for maintaining a secure personal computing and mobile device environment and to ensure the integrity of user ids, passwords and system access mechanisms.
- You are responsible for utilizing computer and mobile device operating systems and Internet access software that continues to be maintained by its manufacturer and for installing upgrades and patches necessary to protect the security of your operating systems and software.
SHARING YOUR INFORMATION
We will disclose information to third parties about your account or the transfers you make:
- when it is necessary to complete a transfer.
- to verify the existence and conditions of your account for a third party such as a credit bureau or merchant.
- to comply with government regulation, court orders, or other reporting requirements.
- if you give us written permission.
- to affiliated companies.
LIMITATIONS ON LIABILITY
If your online banking password has been lost or stolen or in the event of unauthorized access to any of your accounts, contact us immediately. If you contact us within two business days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your password without permission. If you do NOT telephone or write us within two business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password had you told us, you could lose as much as $500.00.
You must promptly review your electronic statement and accompanying items. You have 60 days from the date of mailing or online availability of your statement to notify us of any errors. If we are unable to recover lost funds due to your failure to notify us within 60 days, then your failure to notify us may result in your inability to recover those lost funds. American Chartered Bank may extend this time period if it determines that there were reasonable extenuating circumstances causing your delay (i.e. an extended hospital stay or long trip).
You agree to notify the bank of any suspected errors regarding items deposited through Mobile Deposit.
If you allow someone other than you to review your statements, you are still obligated to review the statement for any errors, unauthorized or omitted signatures, alterations or other irregularities. You are responsible for any wrongful act of your employees and agents. The time period within which you must notify us begins on the day the statement is available to you, regardless of when you open or view the statement.
You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use or the inability to use the services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this services, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if the bank has been informed of the possibility thereof.
CONSUMER ONLINE BANKING
This automated service enables account holders to manage accounts through Online Banking via the American Chartered Bank web site at www.americanchartered.com.
- You will gain access to Online Banking through the use of your personal computer (or other Internet capable device), via your Internet Service Provider, using your User ID & Password.
- You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for successful operation of Online Banking.
- You must have a valid SSN to enroll in consumer online banking.
- You will only have visibility or access to those accounts on which you are an owner/signer
- Your log in information consists of an initial User ID and Password.
- In our Online Banking program you may perform the following:
- View posted transactions (time frames will vary)
- Make transfers between your deposit and consumer loan accounts
- The business day deadline for daily posting is 6:00 PM Central Time
- Transactions made on WEEKENDS or BANK HOLIDAYS are processed on the following business day
- Export transaction history to financial software Quicken
- Establish automatic balance and check posting alerts
- If you enroll in Online Bill Pay, you can pay bills from your checking account. Daily deadline is 8:00 PM Central Time each business day.
- For your protection, your Online Banking access will be disabled if you have not accessed it within a 9 month period.
- Statement Savings Accounts: Federal Regulations limit the following: You may make no more than six preauthorized withdrawals, automatic or telephonic transfers, drafts, ACH, Point of Sale or other similar transactions from our account per statement cycle.
- Money Market Accounts: Federal Regulations limit the following: You may make no more than six preauthorized withdrawals, automatic or telephonic transfers, checks, drafts, ACH, Point of Sale or other similar transactions from your account per statement cycle. Excess withdrawals will incur a $15 fee per transaction. Interest is credited and compounded monthly. Money Market Account statements are issued monthly and include a copy of your checks sorted and printed in check number order.
In online banking, you may enroll and receive text alerts to assist in managing your account. Alerts are established at the account level.
- Alerts are sent each day.
- Alerts are not meant to provide “real time” notification of account activity.
- Alerts may not prevent possible overdrafts on your account
Your mobile carrier’s text messaging and web access charges may apply. Check with your service provider for details on specific fees and charges. Not all phones or cell plans are compatible; please check with your service plan provider.
MOBILE DEPOSIT SERVICE
Mobile Deposit allows you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to the Bank. Once you have qualified for the Services, you are responsible for securely maintaining to prevent unauthorized use. Deposits made after the daily cut off time of 6:00 p.m. Monday through Friday will be credited at the close of business the following business day.
Terms of Service
You agree that you will not use the Services to scan and deposit any check:
- Payable to anyone other than the account holder
- Containing obvious alteration, which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn
- Previously converted to a substitute check, as defined in REG CC
- Drawn on a financial institution located outside the United States
- Dated more than 6 months prior to the date of the deposit
You further agree to:
- Deposit checks payable in United States currency only.
- To restrictively endorse any item transmitted through the Services as “For deposit only. American Chartered Bank account #XXXXXXX” or as otherwise instructed by The Bank.
- To notify The Bank of any suspected errors regarding items deposited through the Services as defined in the Terms and Conditions governing your account.
We reserve the right to impose limits on the amount(s) and number of deposits that you submit using the Services and to modify such limits from time to time.
Hardware and Software
In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software. The Bank is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
All checks deposited via the Service by the Bank’s stated deadline will be considered deposited on that business day and are subject to the standard availability schedule referenced in the Funds Availability disclosure provided during the opening of the checking account(s) as regulated by Regulation CC and Check 21 legislations.
User Warranties and Indemnification
You warrant to The Bank that:
- You will only transmit eligible items.
- Images will meet the image quality standards.
- You will not transmit duplicate items.
- You will not deposit or re-present the original item.
- All information you provide to The Bank is accurate and true.
- You will comply with this Agreement and all applicable rules, laws and regulations.
- You agree to indemnify and hold harmless The Bank from any loss for breach of this warranty provision.
- You agree that the use of this service and all information and content (including that of third parties) is at your own risk and is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of this service, whether expressed or implied.
- You agree that The Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti- competitive manner, (ii) for any purpose which would be contrary to The Bank’s business interest, or (iii) to The Bank’s actual or potential economic disadvantage in any aspect.
Disposal of Deposited Items
Upon your receipt of a confirmation from The Bank that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item (shred/incinerate) 30 days after deposit to ensure that it is not re- presented for payment. And, you agree never to re-present the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to The Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for The Bank’s audit purposes.
We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from The Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
ONLINE BILL PAYMENT
The Online Bill Pay feature is available for consumer checking account customers. A separate disclosure for Online Bill Pay is provided when your account is activated online.
- You are responsible for entering your payee information accurately
- Mailed payments are deducted from your account upon the send date
- You are responsible for any overdrafts that may occur. Overdrafts may delay your payment past the deliver by date
- You are responsible for obtaining, installing, maintaining and operating all computer hardware and software necessary for Online Bill Pay
- Fees may apply for special services such as Expedited Bill Payments. Those fees will be provided to you at the time you request the service
- American Chartered Bank will reimburse you for any late payment fees or penalties you are charged up to a maximum of $50.00 per scheduled payment. We have no liability for late payments if funds are not available in your account. To qualify for this reimbursement:
- You must provide us with the correct Payee name, address, phone number and account number
- The payment must have been scheduled for mailing or electronic transfer at least 5 business days prior to payment due date
- You must have had sufficient funds available to make the bill payment on the send date
- You must provide us with a copy of the statement showing the late fee charged
- Daily deadline for payment to be processed same-day is 8:00 PM Central Time each business day.
- All pending payments must be canceled prior to canceling the Online Bill Pay service
Your mobile carrier’s text messaging and web access charges may apply. Web access is needed to use Mobile Banking. Check with your service provider for details on specific fees and charges. Not all phones or cell plans are compatible; please check with your service plan provider.
By accepting this agreement and submitting your email address you grant permission to American Chartered Bank to send you periodic promotional emails. You may unsubscribe at any time by clicking the SafeUnsubscribe link at the bottom of every email.
ESTATEMENTS AND NOTICES
You can receive your account notices, periodic deposit, and loan account statements more quickly and with greater security by using American Chartered Bank’s Online Documents service. Industry standards are dynamic and constantly changing. We will use measures consistent with those standards, to maintain a reasonable level of security.
- Account statements and notices will be available online as an Adobe PDF file
- We will send a reminder email to the address you have provided in online banking.
- Keep your email and phone information updated in online banking to ensure receipt of important notices and alerts.
- You are responsible for obtaining, installing, maintaining and operating all computer hardware and software necessary for viewing Online Documents.
- You may need to adjust your security settings or spam filters to avoid having notices and alerts sent to a junk mail folder.
- If our emailed reminders about your Online Documents are returned as undeliverable, we will attempt to resend it or contact you to correct the email address.
- If we are unable to reach you, we will change the delivery method and send your statement to you via U.S. Mail to your address on file, as required by bank regulations.
- You may switch to paper statements at any time. Depending on the account type, fees may apply.
FEDERAL E- SIGN ACT DISCLOSURE AND CONSENT
Please read this E-SIGN Consent Agreement carefully and retain a copy for your records.
In this consent:
- "We” and “us” means American Chartered Bank.
- “You” and “your” means the person giving this consent, and also each additional account owner, authorized signer, authorized representative.
- “Communications” means each disclosure, notice, agreement, fee schedule, statement, record, document, loan related documents and other information we provide to you.
- “Electronic Service” and means each and every product and service we offer that you apply for, own, use, administer or access using the Internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future.
Application of consent:
Your consent applies to all communications between American Chartered Bank and you.
You have the right to withdraw your consent at any time by contacting us using the resources listed in the “CONTACT US” section of this disclosure.
Please be aware that withdrawal of consent may result in:
- the termination of your access to our Electronic Service, including online banking,
- termination of your ability to use certain American Chartered Bank products,
- and/or the assessment of a fee according to our Current Fee Schedule
You may request a paper copy of your documents. In some instances this may incur a fee which can be found on our current Fee Schedule.
- You must keep your email or electronic address current with us.
- You must promptly notify us of any change in your email or other electronic address.
- In order to use this Electronic Service, you must obtain and maintain, at your expense, compatible hardware and software. We are not responsible for any third party software you may need to use the Electronic Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
Hardware and Software Requirements:
Use of American Chartered Bank hosted Web pages and Web-based applications require you to obtain and maintain a current version of an internet browser.
- A current version of the browser is one that is currently supported by its publisher. It must also minimally allow 128-bit encryption.
Opening and Saving PDFs
- You must have software which permits you to receive and access Portable Document Format or “PDF” files, such as Adobe® Acrobat Reader® version 8.0 and above.
Your access to this page verifies that your system/device currently has the necessary browser, encryption and software required to meet our requirements.
Changes to Hardware or Software Requirements:
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Electronic Records, we will give you notice of the revised hardware or software requirements.
Your continued use of the Electronic Service is reaffirmation of your consent.
In the event of any of the following, please contact us:
- Lost or stolen password
- Forgotten Online Banking password (a reminder link is available online)
- Unauthorized access into your account or statements
- Errors or questions regarding these services
- If you notice unauthorized transfers or transactions on your account
- You are unable to view your eStatement
- Mobile banking check deposit error
- You wish to cancel your Online Banking, or Online Bill Pay
You may contact us via any of the following:
(Do not use these methods for urgent issues such as lost or stolen debit cards, unauthorized account activity or access to your account. Instead, please call 847.517.BANK )
- Online at www.americanchartered.com using the “Contact” menu
- Email to firstname.lastname@example.org
- Telephone Client Services at (847) 273-1665
- 9:00 AM to 5:00 PM (Central) Monday-Friday. Voicemail is available for messages after hours.
- Direct all Electronic Service correspondence to:
- American Chartered Bank
Attn: Client Services
20 N. Martingale Road, Suite 600
Schaumburg, IL 60173