March 20, 2006
1. What this Agreement
Covers.
This Personal Internet Banking Agreement
(Agreement) between you and Cole Taylor
Bank (CTB) governs your access to and use
of CTB’s Internet banking product,
ColeTaylor Online (Internet Banking), a
system that permits customers to access
certain banking services using the Internet.
You agree that all Internet Banking access
to and activity on your account(s) and the
account(s) for which you have signatory
authority (collectively, Designated Accounts)
shall be undertaken subject to the terms
and conditions of this Agreement. This Agreement
is in addition to the terms of the Rules
and Regulations Regarding Deposit Accounts
(Disclosure). You agree to review the terms
of this Agreement and the Disclosure before
initiating the first Internet Banking transaction,
and further agree to review any updates
thereto that CTB may provide from time to
time. Each individual requesting Internet
Banking access must accept the terms of
this Agreement, and each shall receive his
or her own User ID and Password.
2. Maintaining Confidentiality
of Password.
You will choose a Password which, in conjunction
with the User ID, is needed to access the
Designated Accounts via Internet Banking.
You agree not to give the User ID or Password
to any person not authorized to access the
Designated Accounts and to otherwise keep
the User ID and Password confidential, and
agree to accept all liability that legally
can be imposed on you for each use of the
User ID and Password, whether or not authorized
by you. Please refer to Section 13 of this
Agreement for information regarding your
ability to limit your responsibility for
unauthorized transfers.
3. Accessing Internet
Banking.
You shall be solely responsible for obtaining,
installing, maintaining and operating all
computer hardware and software, and for
obtaining all services (including Internet
access services) (Access Services), necessary
for accessing and using Internet Banking.
You shall be responsible for all Access
Services charges.
4. Your Instructions.
You authorize CTB to carry out instructions
given to CTB through Internet Banking as
if those instructions were written orders
bearing your signature. CTB shall be responsible
for acting only on those instructions sent
through Internet Banking which are actually
received, and neither CTB nor any agent
or independent contractor of CTB (Service
Providers) assume any responsibility for
malfunctions in communications facilities
or equipment not under CTB's or Service
Providers' control that may affect the accuracy
or timeliness of instructions you send.
Neither CTB nor our Service Providers shall
be responsible for any losses, errors, failures
or delays in the transmission of instructions
caused by the malfunction or failure of
your hardware or software, arising out of
the use of any Access Services or relating
in any way to any computer virus. Neither
our Service Providers nor CTB shall be responsible
if you give incorrect or untimely instructions
through Internet Banking. You may cancel
any Internet Banking instructions by calling
847-653-7978 to speak with a Customer Service
representative prior to 4:00 P.M. Central
Time on the day the instructions are to
be carried out by CTB.
5. Internet Banking
Services.
You may use Internet Banking to access a
variety of banking services. You may: (a)
transfer funds between Designated Accounts
whenever you request; (b) obtain current
balance and other deposit account information;
(c) review images of your cleared checks;
(d) obtain loan account information; (e)
borrow from your home equity line of credit
with funds deposited into a Designated Account;
(f) make payments from a Designated Account
to your home equity line of credit or other
credit line; (g) request stop payment on
checks; (h) submit check reorder requests;
(i) pay bills and obtain other services
which CTB may add, from time to time. When
you instruct CTB to transfer funds between
Designated Accounts, you authorize CTB to
withdraw the necessary funds from the specified
Designated Account. Subject to the following
provisions, transfers will occur on the
day designated by you. CTB reserves the
right not to make transfers, which would
exceed the balance of collected funds in
the Designated Account from which the funds
are being transferred. Subject to the Disclosure,
transfers initiated or scheduled on days
which are not business days and same-day
transfers initiated after 7:00 P.M. Central
Standard Time (CST) will be processed on
the next business day. You agree that CTB
and our Service Providers have no responsibility
or liability for any damages, expenses,
charges or liabilities which may occur as
a result of any failure, delay or omission
on the part of CTB or our Service Providers,
except as may be imposed by law.
6. Limitations on
Frequency of Transfers.
You acknowledge that if any of the Designated
Accounts are money market or savings accounts,
federal regulation generally permits a maximum
of six (6) fund transfers from such accounts
per calendar month or statement cycle of
at least four (4) weeks. If you violate
these limitations, federal regulation would
require CTB to stop paying interest on these
accounts or to close them.
7. Fees.
There are currently no transaction fees
or monthly service charges for using Internet
Banking, except as provided in this Agreement
or any other agreement relating to services
to be provided using Internet Banking. Please
note, however, that your use of any banking
services available through Internet Banking,
when administered by a Customer Service
representative, will result in a fee as
specified in CTB's then-current Fee Schedule(s).
You will be notified, as required by applicable
law, of any changes CTB makes to current
fee schedules for use of Internet Banking
services. You are responsible for any fees
or charges for underlying banking services
as specified in the Fee Schedule(s) as amended
from time to time. Any such fees or charges
will be debited from the Designated Account.
8. Business Days.
Our business days are Monday through Friday.
Federal holidays are not included.
9. Termination; Amendments
and Changes in Fees.
This Agreement shall remain in effect until
it is terminated by you or CTB. You may
terminate this Agreement at any time by
notifying CTB in writing at, Cole Taylor
Bank, Customer Service Department, P.O.
Box 88481 , Chicago, Illinois 60680. You
agree that CTB may limit, suspend or discontinue
Internet Banking services, in whole or in
part, or terminate this Agreement at any
time for any reason without prior notice.
You further understand and agree that CTB
may from time to time at our option change
the Internet Banking services or amend the
terms of this Agreement, including fees
charged for using Internet Banking. You
will be notified of any such changes or
amendments as required by applicable law
and agree that, by using Internet Banking
after a change or amendment becomes effective,
you shall be deemed to have agreed to the
change or amendment. Termination of this
Agreement shall not terminate your account
relationship or other agreements with Cole
Taylor Bank.
You agree that the Bank shall have the right,
exercised at its sole discretion, to disable
your access to the Designated Accounts via
Internet Banking after ninety (90) days
of inactivity.
10. Confidentiality.
CTB may disclose information to third parties
about the Designated Accounts or the transfers
you make: (a) where it is necessary for
completing transfers; (b) in order to verify
the existence and condition of the Designated
Accounts for a third party, such as a credit
bureau or merchant; (c) in order to comply
with government agency or court orders;
(d) if you give CTB your written permission
or (e) as required under applicable law,
or as otherwise provided in the Privacy
Disclosure.
11. Arbitration and
Waiver of Jury Trial.
All controversies, disputes or claims arising
out of or related to this Agreement, including
without limitation controversies regarding
the validity of this Agreement and any compulsory
counterclaims (as defined by Rule 13 of
the Federal Rules of Civil Procedure), but,
excluding collections of amounts due to
CTB, will be submitted for binding arbitration
to the Chicago, Illinois office of the American
Arbitration Association on demand of you
or CTB. Such arbitration proceeding will
be conducted in Chicago, Illinois, and will
be heard by one arbitrator in accordance
with the then-current rules of the American
Arbitration Association. All matters relating
to arbitration will be governed by the Federal
Arbitration Act (9 U.S.C. section 1, et
seq.) and not by any state arbitration law.
The decision and award of the arbitrator
shall be binding and conclusive upon both
you and CTB, and enforceable in any court
of competent jurisdiction. The arbitrator
will have the right to award or include
in the award any lawfully appropriate relief
and to assess costs or expenses to either
you or CTB, or both. The provisions of this
Section 11 will continue in full force and
effect subsequent to and notwithstanding
the termination of this Agreement. You and
CTB hereby expressly agree to waive any
right to a trial by jury in connection with
any controversies, disputes or claims arising
out of or related to this Agreement.
12. Reliability of
Information; System Downtime.
Any information furnished by CTB's Service
Providers and CTB is believed to be reliable
but is not guaranteed. Neither CTB's Service
Providers nor CTB shall be liable for any
deficiencies in such information or for
any decision made using this information.
Although CTB strives to ensure full performance
of Internet Banking, neither CTB nor our
Service Providers shall be liable for any
losses resulting from your inability to
access Internet Banking due to system downtime:
(a) caused by circumstances beyond CTB's
reasonable control; or (b) due to necessary
maintenance, system upgrading or similar
circumstances. Please refer to Section 16
for information regarding CTB's liability
for failure to make transfers.
13. Consumer Liability.
Please contact CTB Customer Service AT ONCE
if you believe your User ID and Password
has been lost or stolen or you believe that
your computer has been hacked. Prompt notice
to CTB will help to minimize your losses.
You could lose all the money in your account
(plus any maximum overdraft line of credit).
If you contact CTB within two (2) business
days, you can lose no more than Fifty Dollars
($50) if someone used your User ID and Password
without your permission. If you do NOT contact
CTB within two (2) business days after you
learn of the loss or theft of your User
ID and Password, and CTB can prove CTB could
have stopped someone from using your User
ID and Password without your permission
if you had contacted CTB, you could lose
as much as Five Hundred Dollars ($500).
Also, if your statement shows transfers
that you did not make, please contact CTB
at once. If you do not contact CTB within
sixty (60) days after the statement was
mailed to you, you may not get back any
money you lost after the sixty (60) days
if CTB can prove that CTB could have stopped
someone from taking the money if you had
contacted CTB in time.
14. Contact in Event
of Lost or Stolen User ID and Password.
If you believe your User ID and Password
has been lost or stolen, notify CTB in person,
call CTB at 847-653-7978 or write to CTB,
Customer Service Center, P.O. Box 88481,
Chicago, Illinois 60680.
15. In Case of Errors
or Questions about Your Electronic Transfers.
If you think there was an error in your
transfers or payments or if you need more
information about a transfer or payment,
telephone or write to the Customer Service
Center as soon as you can. We must hear
from you no later than sixty (60) days after
we sent the FIRST statement on which the
problem or error appeared. You will be required
to provide the following information; 1)
your name and account number; 2) a description
of the error or the transfer you are unsure
about, and an explanation as to why you
believe it is an error or why you need more
information; and 3) the dollar amount of
the suspected error. If you tell us orally,
we may require that you send us your complaint
or questions in writing within ten (10)
business days.
We will tell you the results of our investigation
within ten (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 forty-five (45) days to investigate
your complaint or questions. If we decide
to do this, we will re-credit your account
within ten (10) business days for the amount
you think is in error, so that you will
have the use of the money during the time
it takes us to complete our investigation.
If we ask you to put your complaint or questions
in writing and we do not receive it within
ten (10) business days, we may not re-credit
your account. If we decide that there was
no error, 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.
Telephone Number and Address To
Be Notified in Event of Unauthorized Transfer
or in Case of Questions about Your Electronic
Transfers
If you believe that someone has transferred
or may transfer money from your account
without your permission, call: (847) 653-7978
– Customer Service -
Or write:
CTB, Customer Service Center
P.O. Box 88481
Chicago, Illinois 60680
16. CTB's Liability
for Failure to Make Transfers.
If CTB does not complete a transfer to or
from your account on time or in the correct
amount according to CTB's agreements with
you, CTB can be liable for your losses or
damages. However, there are several exceptions.
For example, without limiting such exceptions,
CTB will not be liable:
| A |
If, through
no fault of CTB's, you do not have
enough money in your account to makethe
transfer;
|
| B |
If your funds are
subject to legal process or other
encumbrance restricting such transfer;
|
| C |
If the transfer would
go over the credit limit on any overdraft
line; |
| D |
If the Internet Banking
system was not working properly and
you knew about the breakdown when
you started the transfer; |
| E |
If circumstances beyond
CTB's control (such as fire or flood)
prevent the transfer, despite reasonable
precautions that CTB has taken. |
In addition to the above, there may be
other exceptions stated in CTB's agreements
with you.
EXCEPT AS OTHERWISE PROVIDED ABOVE, NEITHER
CTB NOR CTB'S SERVICE PROVIDERS SHALL BE
RESPONSIBLE FOR ANY LOSS OR DAMAGES, WHETHER
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL, ARISING IN CONNECTION WITH
INTERNET BANKING. NEITHER CTB NOR CTB'S
SERVICE PROVIDERS MAKE ANY WARRANTIES UNDER
THIS AGREEMENT OF ANY KIND, WHETHER STATUTORY,
EXPRESS OR IMPLIED, CONCERNING INTERNET
BANKING INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
17. Severability;
Governing Law.
In the event any one or more of the provisions
of this Agreement shall for any reason be
held to be invalid, illegal or unenforceable,
the remaining provisions shall remain valid
and enforceable. This Agreement shall be
governed by the applicable federal law and
the applicable substantive laws of the State
of Illinois (exclusive of any conflict of
laws or rules of the State of Illinois which
may result in the application of the substantive
laws of another jurisdiction). Stop payment
orders received by CTB through Internet
Banking shall be governed by the Illinois
Uniform Commercial Code.
18.
Bill Payment
You may direct CTB to make payments from
your checking account to third parties (Payees)
that you have selected in advance to receive
payment through CTB’s Internet Banking
bill payment service (Pay Bills). CTB reserves
the right, in its sole discretion, to refuse
to allow certain Payees to be part of Pay
Bills. For example, payments may be made
only to Payees with an U.S. payment address.
Further, you may not make a payment of alimony,
child support, taxes, or other governmental
fees or court directed payments through
Pay Bills.
A. Pay Bills.
You may use a personal
computer to electronically direct CTB
to make payments from your checking account
to Payees whom you have selected in advance
to receive payments through Pay Bills.
You may make payments through Pay Bills
to any business, merchant or professional
that generates a bill or invoice for products
or services provided to you and that has
an address CTB can verify. You may also
make payments through Pay Bills to individuals,
family or friends.
B. Using Pay Bills.
To gain access to Pay Bills you must sign
on to CTB's Internet Banking with your
User ID and Password. In order to activate
this service, select Pay Bills from the
Internet Banking menu and follow the instructions
onscreen. By using Pay Bills, you agree
not to give or make available your User
ID and Password to any person not authorized
to access your account. To use Pay Bills,
you must provide information online to
CTB about a Payee to permit CTB to properly
direct a payment and to permit the Payee,
upon receipt of a payment, to identify
you as the payment source. You do this
by filling in all required fields.
C. Types of Pay
Bills. You
will be able to set up the following types
of bill payments: (1) Single payment:
You may schedule a payment to be made
one time to a Payee. The payment may be
scheduled to be made at a future date
or on the same day that you enter the
payment information on Pay Bills. A same
day payment must be scheduled by 7:00
P.M. CST on a business day in order for
the payment to be initiated (deducted
from your account) on the same day. (2)
Recurring Payment: You may schedule payments
to Payees to be automatically initiated
in a predetermined amount on the same
date every month. Please note that if
the date does not exist in a certain month,
then the payment will be initiated on
the last business day of the month. For
example, if you schedule payment for the
30th of each month, your payment for the
month of February will be initiated on
or before the 28th of February. If the
Payment Date falls on a day other than
a business day in any month, your payment
will be initiated (i.e. the payment will
be deducted from your account) on the
following business day.
D. Scheduling Payments.
Before scheduling a payment to
a Payee, the Payee must be set up on Pay
Bills. To set up a Payee: select Pay Bills
from the menu in Internet Banking and
follow the onscreen instructions under
Add a Merchant. To schedule a payment,
select Pay Bills from menu and follow
the onscreen instructions under Single
Pay. You will be provided a reference
code for each payment you schedule using
Pay Bills. This number is available on
the History screen if you need to refer
to it in the future. The reference code
will help CTB resolve any questions you
may have concerning your transaction.
You may not schedule duplicate payments.
A duplicate is one that is scheduled to
be made to the same Payee on the same
day for the same amount. You also may
not schedule multiple single payments
to the same Payee. A single payment to
a Payee must be deducted from your account
before an additional single payment can
be scheduled to the same Payee.
E. Delivery of Your
Payments. You may schedule payments
to be initiated on the day that you enter
the payment information, on a future date
or on the same date each month, subject
to the restrictions in this Agreement.
Although you can enter payment information
through Pay Bills 24 hours a day, 7 days
a week, payments can be initiated (i.e.,
deducted from your account and transmitted
to the selected Payee) only on business
days. This date is referred to as the
Payment Date. After funds are withdrawn
from your account, CTB may remit your
payment by mailing your Payee a check
drawn on an account CTB maintains for
this purpose, by electronic funds transfer
or by other means. Because of the time
it takes to transmit your payment to the
Payee, the Payee will not receive payment
on the Payment Date. Therefore, to provide
sufficient time for payments to be received
by your Payee, the Payment Date should
be a date at least five (5) business days
before the bill's actual due date. CTB
will not be responsible for any loss you
may incur as a consequence of a late payment
if your Payment Date was not at least
five (5) business days prior to the bill's
actual due date.
F. Limitation of
Liability. CTB will reimburse you
for any late payment fees or penalties
you are charged up to a maximum of $50
per scheduled payment to a business Payee
that is not received by close of business
on the fifth business day after the scheduled
Payment Date under the following conditions:
as a result of the failure of a Payee
to receive a payment made through Pay
Bills by the bill's actual due date to
the extent that CTB has not refused the
transaction if CTB reasonably believed
such refusal is necessary for security
reasons, as long as you meet each of the
following conditions: (a) you must properly
schedule the payment to be initiated on
a date at least five (5) business days
prior to the bill's actual due date; (b)
you must provide CTB with the correct
name, address, and account information
of the Payee and the correct payment amount;
(c) on the Payment Date, your checking
account must have contained sufficient
funds to complete the payment; and (d)
the late payment fee or penalty, or the
method of its calculation, must be published
by the Payee prior to the bill's actual
due date.
G. Changing or Canceling Payments.
You may change or cancel a single payment
or recurring payment until 7:00 P.M. CST
on the Payment Date by selecting Pay Bills
from the Internet Banking menu and follow
the onscreen instructions for canceling
a Pending Payment. You will receive a
reference code when your payment has been
canceled. This canceled payment will appear
on your History screen.
You may modify a recurring payment to
a merchant by selecting the Payee from
the Merchant List under Pay Bills and
edit the recurring payment information.
H. Statements.
All of your payments made
through Pay Bills will appear on your
monthly account statement(s).
I. Service Fees.
CTB may charge a separate fee for
the Pay Bills service. Please refer to
CTB’s current Fee Schedule. By utilizing
Pay Bills you authorize CTB to deduct
a service fee from the applicable checking
account. These fees are in addition to
your regular transaction fees that may
be in effect for your CTB accounts.
J. Canceling Pay
Bills.
This Pay Bills service
shall remain in effect until it is terminated
by you or CTB. CTB cannot cancel Pay Bills
until all pending payments have cleared,
if you have pending payments and do not
want to wait for them to clear, you may
individually delete these future payments.
You will not receive a refund of any service
fee if you cancel Pay Bills. You may terminate
Pay Bills at any time by notifying CTB
in writing at, Cole Taylor Bank, Customer
Service Department , P.O. Box 88481, Chicago,
Illinois 60680.
CTB may cancel Pay Bills, in whole or
part, at any time without prior notice.
Cancellation shall not affect your liability
or obligations under this Agreement. Refer
to Section 9 for additional information
regarding Termination; Amendments and
Changes in Fees.
K. Security.
CTB has the right to refuse any transaction(s),
if CTB reasonably believes such refusal
is necessary for security reasons.
L.
Payments. Payments made through
Pay Bills are subject to the terms set
forth in this Agreement and CTB’s
Disclosure.
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