By signing an application and enrollment form (the "Application") to subscribe to certain internet banking and related services offered by Bank of Pontiac, an Illinois banking corporation, as described in this Service Agreement and Disclosure Statement (this "Agreement") and as otherwise made available by the Bank from time to time (collectively, "Bank of Pontiac online banking service"), or by your initial access to Bank of Pontiac online banking service, and in consideration of our allowing you access to Bank of Pontiac online banking service, you agree to the terms and conditions of this Agreement. Each reference in this Agreement to the "Bank", "Bank of Pontiac", "we", "us", or "our" refers to Bank of Pontiac, an Illinois banking corporation, and each reference to "you" and "your" refers to each depositor, borrower, authorized signer, or authorized user for an account (as defined below) who is now or hereafter enrolled in any one or more of the Bank of Pontiac online banking services with respect to the account. Each time you use Bank of Pontiac's online banking service constitutes confirmation by you of your agreement to and understanding of the terms of this Agreement and any screens that appear on your computer when you sign on to Bank of Pontiac's Web Site. This agreement will be effective as of the date of our acceptance of this Agreement as evidenced by our issuance of a PIN to you as provided in Section 3. Please read this Agreement carefully and keep it for future reference.
BROWSER SECURITY. Bank of Pontiac transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. It is important to verify that a secure connection between your browser and the Internet Banking server has been established before transmitting any confidential account information over the Internet. This can be verified by an indicator on your web browser. Netscape Navigator has a key symbol that appears in the lower left corner of the screen. When the symbol appears "solid" transmitted data is being encrypted. When this symbol appears "broken", a secure session has not been established. Similarly, Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure.
HOST SECURITY. Bank of Pontiac's server does not connect directly to the Internet. It is buffered from the Internet through the use of a firewall. All access from outside the bank must go through this firewall, which screens the requests and allows only valid http traffic to reach the server. Bank of Pontiac Internet Banking makes use of an ICSA certified firewall.
LINKS. Links to non-Bank of Pontiac websites contained in this site are offered only as pointers to sources of information on subjects that may be of interest to users of the Bank of Pontiac website, and Bank of Pontiac is not responsible for the content of such sites as we have no control over what is displayed there. Bank of Pontiac does not guarantee the authenticity of documents at such sites, and links to non-Bank of Pontiac sites do not imply any endorsement of or responsibility for the ideas, opinions, information, products, or services offered at such sites. Use of links to any non-Bank of Pontiac site is solely at the user's own risk.
COPYRIGHT/TRADEMARKS. You acknowledge and agree that all Content is the copyrighted work of Bank of Pontiac or third party content suppliers, and is protected by US and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Bank of Pontiac and is protected by US and international copyright laws. If you download anything on this Web Site, you must keep all copyright and other notices intact. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or other content obtained from this Web Site without the prior written authorization of Bank of Pontiac or the third party suppliers. You acknowledge that www.bankofpontiac.com, www.bankofpontiaconline.com, the Bank of Pontiac logo, the bankofpontiac.com logo, and bankofpontiaconline.com logo, all page headers, custom graphics, and button icons are service marks and/or trademarks of Bank of Pontiac or it's third party providers, and that all other trademarks, product names, company names or logos on the Web Site are the property of their respective owners.
Your Use of Bank of Pontiac Online Banking
In order to use Bank of Pontiac online banking services, you must be at least 18 years of age and reside in the United States. In consideration of your use of online banking, you agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on this Web Site. If any information you provide is untrue, inaccurate or not current, or if Bank of Pontiac has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Bank of Pontiac, at its sole discretion, has the right to suspend or terminate your use and refuse all current or future access to the content and use of the services or suspend any portion thereof. Further, you agree that Bank of Pontiac will not be liable to you or any third party if Bank of Pontiac terminates your access to the services or content for any reason.
1. Hardware and Software Requirements In order to use Bank of Pontiac Online/Mobile Banking, you must provide your own access to the internet via personal computer or other mobile device. You are solely responsible for the physical hardware and software security of the device. All devices connecting to our online banking system are expected to be current with regards to security updates, service packs, operating systems, and anti-malware programs. Any user logging into our system with a device deemed unsecured, do so at their own risk.
2. The Accounts.
- Generally. You agree to use Bank of Pontiac online banking solely for the services described in this Agreement and designated by you in the Application or subsequently designated by you as provided in Section 5, and solely in connection with each deposit account (collectively, the "Deposit Accounts") and each loan account (collectively, the "Credit Account") held by the Bank and designated by you in the Application or subsequently designated by you as described below (collectively, the "Accounts"), except as otherwise expressly provided in this Agreement or as otherwise expressly permitted by us from time to time. You may add any account for which you, or all of you if more than one, are depositor, borrower, authorized signer, or authorized user by notifying the Bank or by visiting any Bank branch office.
3. Password; Confidentiality of Password. All Bank of Pontiac online banking transactions or inquiries must be initiated by use of your Bank of Pontiac online banking password. It is recommended that you do not use your social security number, birthdays, names, or other codes that may be easy for others to determine as your password. No Bank employee will ever ask for your password, nor should you provide it to anyone unless you intend to allow that person access to your accounts, nor will we send you emails requesting that you connect via links to our website. YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH Bank of Pontiac ONLINE BANKING. You agree that any Bank of Pontiac online transaction or request initiated by use of the password will be subject to and governed by this Agreement.
If you authorize another person to use your password, that person can use Bank of Pontiac online to view any information or initiate any transaction on any of the accounts to the same extent as you, including viewing information or initiating transactions on accounts to which that person does not otherwise have access. As such, your sharing of your password is strongly discouraged by the Bank, and done at your sole risk and peril.
If you believe that the confidentiality of your password has been compromised, you agree to notify Bank of Pontiac immediately and you agree to change your password. If a third party should gain access to your password, you alone are responsible for changing the password so as to deny the third party's access to your banking information. Given the electronic nature of these transactions, the Bank shall have no liability to you in the event a third party should gain access to your password through no fault of the Bank.
You should always logoff the Bank of Pontiac online page after you finish viewing your accounts. Never leave your computer unattended while accessing Bank of Pontiac online. If you should, a third party may be able to access your accounts from your terminal, without ever needing to use your password and you would be responsible for that activity.
4. Business Days. Business days for the Bank and for Bank of Pontiac online are Monday through Friday, excluding Federal Holidays. You may access the accounts through Bank of Pontiac online 24 hours a day, seven days a week, except that Bank of Pontiac may perform regular maintenance on our systems or equipment, which may result in errors or interrupted service. We may also find it necessary to occasionally change the scope of our services. Bank of Pontiac cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice.
5. Online Services. You may use Bank of Pontiac online to perform any of the following services designated by you in the Application or subsequently added by you as provided below:
- To receive and download balance and transaction information for Bank of Pontiac accounts;
- To transfer funds between any authorized Bank of Pontiac Deposit Accounts, such as checking, savings or money market deposit accounts;
- To transfer funds from any authorized Bank of Pontiac Deposit Accounts, such as checking, savings or money market deposit accounts to make payments to any authorized loan accounts;
- To export account information into a formatted file. This file will be downloaded onto your computer where it will be available for import into a personal financial management software program;
- To initiate a stop payment on a check;
- To submit change of address requests;
- To view your account statements online;
- To submit change of e-mail address requests;
- To pay bills electronically from a Deposit Account that is a checking account with unlimited check-writing privileges; and
- To receive e-mail from and transmit e-mail to the Bank, all as described in this Agreement and the Software. You may sign up for or cancel any service by contacting Bank of Pontiac. As used in this Agreement, the term "electronic fund transfer" has the meaning provided for that term in Regulation E and includes, without limitation, a bank transfer or bill payment (other than a bill payment made by check or other paper item), as these terms are defined below.
6. Transfers to and from Accounts.
- Deposit Accounts. You may use Bank of Pontiac to initiate electronic fund transfers from one Deposit Account that is a checking, savings or money market deposit account to any other Deposit Account that is a checking, savings or money market deposit account, or to make payments to loan accounts, as provided in this Agreement. These types of transactions are referred to in this Agreement as "bank transfers".You will provide a list of deposit accounts that may be used for bank transfers during the setup process.
- Authorization. You expressly authorize us to debit the appropriate Deposit Account in the amount of any bank transfer initiated through Bank of Pontiac online banking by you or by any other person who is authorized to use your password. You agree that we may treat any such bank transfer from a Deposit Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to a Deposit Account the same as a deposit, all in accordance with the terms of this Agreement and your deposit agreement(s) with us.
- Limitations. Your ability to initiate bank transfers between Deposit Accounts may be limited by federal law or by the terms of your deposit agreement with us. Bank transfers from Deposit Accounts that are savings or money market deposit accounts are limited as required by federal regulation. You agree that we may, without notice or other obligation to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us. You cannot post-date bank transfers or schedule bank transfers for future dates.
- Time of bank transfers; posting; funds availability. If you initiate a bank transfer of available funds on or before six (6:00) p.m. Central Standard Time ("Central") on a business day, the bank transfer will be posted to the Deposit Account on the same business day. If you initiate a bank transfer other than before six (6:00) p.m. Central on a business day, the bank transfer will be posted on the next business day. Transferred funds will be available for withdrawal on the business day following the business day the bank transfer is posted to the Deposit Account. Please refer to the following schedule for posting and funds availability information (intervening holidays will alter this schedule):
If bank transfer is initiated before
6:00 p.m. Central Time
Funds will be
Funds will be
Except as expressly otherwise provided in this Section, transferred funds will be available for transfer and withdrawal as provided in our Schedule of Funds Availability (the "Schedule of Funds Availability"). The schedules provided in this Section are subject to the provisions of Section 17 and 18.
- Documentation. You may view monthly account information from the account access screen of Online Banking. The information will be presented via your Bank of Pontiac Online Banking account and will show all authorized accounts.The account access screen will list all transactions for one year.
7. Account Information. You may use Bank of Pontiac online banking to receive, download, and store or print information regarding an account that is routinely set forth in the statement for the Account, debits and credits made to the account, amounts and item numbers for items drawn on the account (if applicable), and the daily account balance (including interest credited to a Deposit Account and finance charges accrued on a Credit Account). All account information provided via Bank of Pontiac online banking will be current as of the end of the preceding business day, will not reflect bank transfers or bill payments made since the end of the preceding business day, and is subject to further adjustment and correction. Because the information made available to you is "raw data" furnished through the Service Provider and is subject to change, we cannot assure you of the accuracy or completeness of the information and expressly disclaim the same. You will still receive your usual periodic statement of account, and adjustments may have been made to your account in connection with the preparation of your statement.
8. Bill Payment Service.
- Payment Accounts. If you have enrolled in the optional bill payment service, you may use Bank of Pontiac online banking to initiate payments from any Deposit Account that is a checking account with unlimited check-writing privileges (a "Payment Account") to pay obligations owed to certain third parties in the United States, including, without limitation, any Bank of Pontiac mortgage, installment loan, credit card or line of credit account. These types of transactions are referred to in this Agreement as "bill payments". You may initiate individual bill payments and may pre-authorize recurring bill payments. You must designate the account used to process bill payment debits and any applicable fees. Multilple checking accounts may be associated with the Bill Pay Service.
- Authorization. You agree that we may treat any bill payment that was initiated though Bank of Pontiac online banking by you or by any other person who is authorized to use your password the same as your duly executed written payment order or check, all in accordance with the terms of this Agreement and your deposit agreement with us.
- Time of bill payments. Each bill payment must be initiated a certain number of business days before the business day that you want the bill payment to be made (the "Payment Date"). This number of business days is referred to as the "lead time". The lead time for the payee will be approximately 3 - 4 business days for electronic payments and approximately 5 business days by check. A bill may be paid as quickly as 48 hours from the receipt of your request. You should schedule each bill payment to be made prior to the due date of the bill payment. If you do not schedule a bill payment on time or if you do not otherwise initiate a bill payment properly, you will be solely responsible for any late charges, finances charges, or other costs resulting from failure to make the bill payment on time. You will be solely responsible for all inputting errors.
- Checks. If the payee cannot or will not accept a bill payment by electronic fund, a check will be generated and submitted to the payee. Although the check will not be signed by you, you agree that any check issued in this manner to make a bill payment initiated in accordance with this Section will be deemed authorized and may be paid by the Bank from the Payment Account.
- Returned or rejected bill payments. If a bill payment is returned or rejected, whether by Bank of Pontiac or any third party (including, without limitation, an intermediary bank or the payee's bank), then Bank of Pontiac may assess a Non Sufficient Funds (NSF) fee. You agree to furnish Bank of Pontiac any information as it may request to resolve any error or inquiry arising out of your initiation of any bill payment(s).
- Cancellation or stop payment of bill payments; revocation of authorization. You may review, change or cancel bill payments online without an additional charge while the bill payment request is in the "Scheduled Payments" screen. Once the transaction is completed, it is moved from the "Scheduled Payments" screen to the "Payment History" screen and cannot be cancelled or changed. You may call the Bank to request the stop payment but, we will also require you to put your request in writing and deliver it to us no later than fourteen (14) days after you call. Except as expressly otherwise provided in this Section, stop payment orders will be subject to the applicable provisions of the Deposit Account Agreement that you signed when opening your Deposit Account at Bank of Pontiac. You may not stop payment of any type of online transfer other than a bill payment. You may revoke your authorization for future recurring bill payments by deleting the bill payment instructions, as provided in the online bill pay system, by notifying the Bank, or by canceling the bill payment service.
- Inconsistent name and number appearing in a bill payment order. If a bill payment initiated by you describes the intended recipient of funds inconsistently by name and account number, you agree that payment by the receiving bank (which may be the Bank) may be made on the basis of the account number alone even if that account is not owned by the person named in the bill payment. If a bill payment identifies an intermediary bank or the payee's bank inconsistently by name and identifying number, you agree that we may rely solely on the number as the proper identification of the intermediary bank or the payee's bank even if it identifies a bank different from the bank identified by name. To the extent permitted by applicable law, you acknowledge and agree that your obligation to pay us the amount of the bill payment will not be excused in any circumstance described above and that you will reimburse us for any losses or expenses we incur as a result of our reliance of the identifying number provided in the bill payment.
9. Electronic Mail Service. We also provide e-mail for you to communicate with the Bank.You may ask questions about your account(s) or maintenance and/or problem resolution issues, or to give your comments regarding our products and services. E-mail is not a secure method of communication over the Internet and we recommend that you do not send confidential information by e-mail.
E-mail may not be used to initiate transactions on your account(s). E-mail transmitted by you to us via Bank of Pontiac online often will not be delivered to us immediately. If you need to contact us immediately to stop payment, to report an unauthorized use of your password, to report unauthorized access to an account, or for any other reason, you should call us at (815) 844-6155. We will not be responsible for acting on or responding to any e-mail request made to Bank of Pontiac online banking until we actually receive your e-mail message and have a reasonable opportunity to act. You should check your e-mail regularly; we will attempt to notify you by e-mail in the event of any technical difficulties or other occurrence that may affect your use of Bank of Pontiac online banking.
10. Electronic Delivery of Banking Notices. Bank of Pontiac will deliver all notices allowed under Federal law and regulation (as promulgated by the FDIC, Federal Reserve Bank, FFIEC, or any other body given governing authority over Bank of Pontiac) via e-mail or posted within your online banking system.To that end, you agree to receive all such notices electronically and you agree to provide your current e-mail address to Bank of Pontiac for those purposes.
11. Additional Service. We may, from time to time, make additional services available through Bank of Pontiac online banking. We will notify you of the availability and terms of these new services. By using these additional services when they become available, you agree to be bound by this Agreement and any additional instructions, procedures and terms provided to you with respect to each of these new services.
12. Fees and Charges.
Access to the Bank of Pontiac web site is furnished at no charge to the customer. Bank of Pontiac has not instituted a charge for viewing your accounts, or completing transfers to and from your deposit accounts or making loan payments.
For customers utilizing the "Bill Payment Service", a monthly fee of $4.95 will be waived as long as at least one bill is paid each month. If no bills are paid during the month a fee of $4.95 will be charged(debited) against your account.
These charges will not be prorated for portions of a month and may be changed pursuant to Section 21 of this Agreement. You will be solely responsible for all tariffs, duties, or taxes imposed by any government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tools tariffs, and other costs for online sessions initiated by you. There may be other costs and charges associated with your accounts. Please refer to the service schedule for details.
13. Errors and Adjustments. We agree to correct any error made in crediting or debiting any account by making the appropriate adjustment to your account balance. You agree to repay promptly any amount credited to your account in error, and you authorize us to initiate a debit transfer to any account to obtain payment of any erroneous credit.
14. Account Reconciliation. The Deposit Account statements or other notices provided to you by us will notify you of (a) the execution of bank transfers or bill payments and the debits to the Deposit Account made with respect to such bank transfers and bill payments, and (b) amounts debited by the Bank from the Billing Account or any other account for payment of the services or other charges pursuant to this Agreement. You agree that we will not be required to provide any other notice to you of the execution of bank transfers, bill payments, or debits. You agree to promptly examine each statement for a Deposit Account and to promptly report any discrepancies between your records and the Deposit Account statements or any other notices mailed by the Bank to you, as provided in Section 19.
15. Settlement of Obligations. To the fullest extent permitted by applicable law, you authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a) initiating debit or credit transfers to any of the accounts or (b) deducting the payment from the amount of any bank transfer or bill payment. Such obligations include, without limitation; fees owed to us and settlement for bank transfers or bill payments initiated through Bank of Pontiac online banking. At the time any account is closed (whether by you, by us, or otherwise) or any Bank of Pontiac online service is terminated (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and you authorize us to withhold the amount of any such obligations from any account. Debiting an account or deducting payment from the amount of any bank transfer or bill payment is not the Bank's exclusive remedy under this or any other section of this Agreement, and the Bank will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions.
16. Bank's Liability for Failure to Make or Stop Certain Electronic Fund Transfers. If we do not complete an electronic fund transfer to or from a Deposit Account in a reasonable amount of time or in the correct amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances:
- If, through no fault of ours, you do not have enough money in the Deposit Account (or any linked account) to make the electronic fund transfer or the account has been closed.
- If the electronic fund transfer would go over the credit limit on any check overdraft protection line of credit account linked to the Deposit Account.
- If you have not completely and properly followed the terms of this Agreement or instructions provided by the Software regarding how to make an electronic fund transfer or you have not given complete, correct and current instructions so that a transfer may be made.
- If any data or instruction transmitted via Bank of Pontiac online banking are inaccurate or incomplete.
- If you do not initiate an electronic fund transfer according to the time limits set forth in this Agreement and the online Payee list, or if the payment amount requested is less than the full amount due.
- If the electronic fund transfer has been transferred from the Deposit Account to a third party, including, without limitation, any third party through which payment is made and any payee or its financial institution.
- If the Hardware, the Software, the Service Provider, or any part of the Bank of Pontiac online system, including the bill payment service, was not working properly and you knew about the breakdown when you started your electronic fund transfer.
- If circumstances beyond our control, such as an act of God, failure, delay, or error on the part of any third-party service provider (including, without limitation, the Service Provider, the United States Postal Service or any other delivery service), power outage, difficulty with telephone or cable lines or satellite communications, difficulty with any Hardware, the Software, or the Service Provider, computer virus or related problem, or cessation of the operation of the Service Provider or the arrangement between the Bank and the Service Provider, prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken.
- If the money in your account(s) is subject to legal process or other claim restricting such transfer.
- If the funds in the Deposit Account are unavailable (funds are only conditionally credited until they become available for withdrawal).
- If your password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized.
- If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer.
- If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts).
- There may be other exceptions stated in this or any other applicable agreement that we may have with you.
17. Limits on Bank's Liability. Our liability for electronic fund transfer made to or from Deposit Accounts is also governed by Sections 16 and 18. If any provision herein is inconsistent with any provision of Section 16 or Section 18 or any provision of applicable law that cannot be varied or waived by agreement, the provisions of those Sections or applicable law shall control. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Bank of Pontiac online service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if the Bank has been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not the Bank's agent. The Bank's sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE BANK WITH RESPECT TO ANY Bank of Pontiac ONLINE SERVICE OR THE SOFTWARE, AND THE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, the Bank shall not be liable at any time to you or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of the bank's responsibilities under this Agreement which is caused or occasioned by any act or thing beyond the Bank's reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or bill payment. In addition, the Bank shall be excused from any failure or delay in executing a bank transfer or bill payment, if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that the Bank shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, the Service provider, any Internet access service provider, any federal reserve bank or transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed the Bank's agent.
18. Your Liability for Unauthorized or Erroneous Transfers. To the fullest extent permitted by applicable law, you agree to be responsible for all unauthorized or erroneous transactions initiated through Bank of Pontiac online banking. You have the obligation to immediately notify the Bank if your password has been lost or stolen, or if someone has transferred funds from your account through Bank of Pontiac online without your permission (or is contemplating to do so). The following provisions of this Section apply only to your liability for unauthorized electronic fund transfers. An "unauthorized electronic fund transfer" means an electronic fund transfer from a Deposit Account that is initiated by another person without your authority to initiate the electronic fund transfer(s) and from which you receive no benefit. The term does not include Bank of Pontiac online electronic fund transfer that is initiated by a person to whom you furnished your password. We may require that the notice be in writing. You could lose all the money in your Deposit Account, some or all of the money in any linked account, or up to your maximum overdraft line of credit if you have a check overdraft protection line of credit, if you fail or refuse to immediately advise the Bank of the unauthorized use of your password. If your statement shows electronic fund transfers that you did not make, tell us at once. If you do not tell us within sixty (60) calendar days after the statement was mailed to you, you shall not be entitled to assert a claim against the Bank, nor be entitled to any damages from the Bank, as to said unauthorized transfers. This sixty (60) day limitation is without regard as to the standard of care exercised by the Bank. If you believe your password has been lost or stolen or that someone has transferred or may transfer money from a Deposit Account without your permission call: (815) 844-6155.
Bank of Pontiac
300 W. Washington
Pontiac, IL 61764
19. Rejection of Payment Orders; Overdrafts. You acknowledge that the Bank or the Service Provider may from time to time, in its sole discretion, reject any bank transfer or bill payment request (any "payment order") or return any bank transfer or bill payment (a) if there are insufficient or unavailable funds in the Deposit Account or the Deposit Account has been closed or is frozen, (b) if the payment order does not conform to the terms of this Agreement or the Software, or (c) if the payment order appears to be a duplicate, but neither the Bank nor the Service Provider is under any obligation to recognize that a payment is a duplicate and you should not rely on the Bank or the Service Provider to do so. If a payment order is rejected or a bank transfer or bill payment is returned, either the Bank or the Service Provider will notify you and you will have the sole obligation to remake the payment order in accordance with the terms of this Agreement and the Software. The Bank or Service Provider will make two attempts to present the bill payment request in the event that there are insufficient or unavailable funds in the Deposit Account.The Bank or the Service Provider may from time to time, in its sole discretion and without any obligation to do so, execute any payment order or make any bank transfer or bill payment even though an overdraft to the account results. To the extent permitted by applicable law, you agree that neither the Bank nor the Service Provider will have any liability whatsoever for refusing to accept any payment order or rejecting or returning any bank transfer or bill payment. If an overdraft occurs in a Deposit Account, you agree to cause sufficient available funds to pay the amount of the overdraft to be deposited into or credited to the Deposit Account before the end of that business day. Any overdraft existing at the close of a business day is immediately due and payable without notice or demand. Further terms and conditions related to the online bill pay service are submitted for your review and acceptance during the online bill pay service application process.
20. Disclosure of Deposit Account Information to Third Parties. You agree that we may from time to time disclose to third parties information about your Deposit Account or the transactions that you make through Bank of Pontiac online banking. We will disclose information to third parties about your Deposit Account or the transfers you make:
- Where it is necessary for completing bank transfers or bill payment or providing any other service in connection with Bank of Pontiac online banking; or
- In order to verify the existence and condition of your Deposit Account for a third party, such as a credit bureau or merchant; or
- In order to comply with government agency or court orders; or
- If you give us your written permission.
21. Other Agreements; Severability; Governing Law. The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or account agreements for your Deposit Account(s), the applicable account disclosures, the Funds Availability Notice, the Bank's Electronic Fund Transfer Agreement and Disclosure Statement, the agreements governing the Credit Accounts, and the Application, all as may be amended from time to time. In the event of any conflict between this Agreement and the content of the Software or any related materials regarding the Bank's obligations to you, the terms of this Agreement will control. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. No consumer protection provision of the federal Electronic Fund Transfer Act or Federal Reserve Board Regulation E is intended to be waived by you under this Agreement unless the waiver is permitted by law. The parties agree to be bound by the operating rules and guidelines of the National Automated Clearing House Association and the applicable local automated clearing house association as in effect from time to time with respect to all automated clearing house transfers made hereunder. This Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the state of Illinois.
22. Amendments. We may amend this Agreement from time to time. Each amendment will be effected by our mailing or otherwise delivering the amendment, revised agreement and/or notice thereof to you in accordance with applicable federal and state laws. If no federal or state law specifically governs the amendment, the amendment shall be effected by mailing or otherwise delivering it to you or positing it in our full-service branch offices at least 10 calendar days prior to the effective date of the amendment. Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of this Agreement without prior notice or obligation to you: (a) if the Software or the Service Provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) for security reasons; (c) to comply with applicable law; or (d) as otherwise expressly provided in this Agreement.
23. Termination. You agree that we may cancel or restrict your use of Bank of Pontiac online banking or any Bank of Pontiac online service at any time upon such notice (including e-mail) as is reasonable under the circumstances. You may cancel Bank of Pontiac online by written request to the Bank at any time. If you cancel the bill payment service, all pending and/or recurring bill payments will be automatically canceled. Online service fees will not be prorated.
24. Assignment. You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including, without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of the successors and assigns of either party.
25. No Third-Party Beneficiaries. This Agreement is for the benefit of you and the Bank and is not intended to grant, and shall not be construed as granting, any rights to or otherwise benefiting any other person, except as expressly otherwise provided in this Agreement.
CHOICE OF FORUM. In the event any litigation is instituted to enforce or interpret the terms of this Agreement, you agree that the exclusive forum therefore shall be the Circuit Court of Livingston County, Illinois. In the event that the Bank is the prevailing party, the Bank shall be entitled to reimbursement for all reasonable attorneys' fees and costs incurred including, but not limited to, those incurred incident to any appeal.
OWNERSHIP of MATERIALS. The content and information on our site is the property of Bank of Pontiac. It should not be duplicated or copied by any means.