Personal Online Banking Agreement and Disclosure

State Bank of Herscher
Personal Online Banking Agreement and Disclosure

This Agreement states the terms and conditions that apply when you use State Bank of Herscher's (herein referred to as "Bank", "we" or "us") Personal Online E-Banking service. By enrolling in Personal Online E-Banking, you agree to these terms and conditions, which are in addition to those terms and conditions that apply to any accounts you have with us or any other services you obtain from us.

"You", "Your", and "Customer" mean each person who establishes a Personal Online E-Banking Account with us or who uses or is authorized to use an Online E-Banking User Name ("ID") and "Password" or other means of access we establish or approve. The term "Personal Online E-Banking" means our Personal Online Banking services that you access over the Internet by use of personal computer and modem or other device and/or other means we authorize or allow. Personal Online E-Banking allows you to transfer funds, access accounts, obtain information, and perform other transactions.

(A) PERSONAL ONLINE BANKING ID AND PASSWORD
To access our Personal Online Banking service, you must use the ID and/or other means of access we establish or provide for your Personal Online Banking Customer Account together with a Password. To obtain these, you will need to complete a Personal Online E-Banking Application. Applications are available online or at any of our branches.

It is your responsibility to safeguard the ID and Password we provide. These codes are designed to protect the privacy of your financial information, but they will only work if you keep them confidential. You share them at your own risk. Anyone to whom you give your Personal Online E-Banking ID and Password or other means of access will have FULL access to your accounts even if you attempt to limit that person's authority.

STATE BANK OF HERSCHER will not contact you to ask for your user ID or Password. If you are approached by anyone to provide your user ID and Password, DO NOT PROVIDE THIS INFORMATION. Contact the Bank immediately, as you could be the victim of attempted fraud or identity theft. You will find contact information in the section below.

(B) PERSONAL ONLINE E-BANKING ACCOUNT OWNER INFORMATION
You must be the owner of this account(s) or you must have signature authority to be able to authorize the Bank to establish Personal Online E-Banking.

(C) PERSONAL ONLINE BANKING TRANSACTIONS
You, or someone you have authorized by giving them your Personal Online E-Banking ID and Password or other means of access (even if that person exceeds your authority), can instruct us to perform the following transactions:

  • Make transfers between your qualifying accounts to the extent authorized;
  • Obtain information, such as daily or historical account balance information, that we make available about your qualifying accounts;
  • Obtain other services or perform other transactions that we authorize.

(D) LIMITS ON ONLINE BANKING TRANSACTIONS
You must have enough money or credit in any account from which you instruct us to make a payment or transfer. Certain types of accounts including but not limited to savings and money markets have limited number of withdrawals that may be allowed in a specified period. These limitations are found in the State Bank of Herscher brochures "Customer Information (Truth in Savings Disclosure)", "Electronic Fund Transfers", Direct Deposit and Preauthorized Withdrawals - Your Rights and Responsibilities" and "Funds Availability Facts" that you received when you opened your deposit account and any subsequent amendments. You continue to agree to the items in the brochure and any subsequent amendments.

(E) LIMITATION ON LIABILITY
EXCEPT AS OTHERWISE PROVIDED HEREIN OR BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR ANY LOSS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, FORESEEN OR UNFORESEEN, INCLUDING LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR ANY OTHER DAMAGE OF ANY KIND EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

We make no warranty to you regarding the computer software, including any warranty of merchantability or fitness for a particular purpose. We are not responsible for any errors or failures from any malfunction of your computer or the software. We are also not responsible for any damage to your computer, modem, telephone, or other property resulting from the use of Personal Online Banking, including damage from any electronic virus or viruses that you may encounter.

(F) OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS
If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are exceptions.

WE WILL NOT BE LIABLE:

  • If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds, or if any payment or transfer would go over the credit limit of any account.
  • If your or our equipment was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction. If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction, or if you do not properly follow our instructions, or if you provide us with wrong or inaccurate information, or fail to correct or tell us about any inaccuracy of which you are aware.
  • If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
  • If the money in the account from which a payment or transfer is to be made is subject to legal process or other claims that may restrict the transaction.
  • If circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.
  • If failure was caused by an act of God, event of terrorism, fire, or other catastrophe, or by an electrical or computer failure or by other causes beyond our control, or if we have a reason to believe that the transaction requested is unauthorized.

(G) YOUR LIABILITY AND INDEMNITY
You warrant that you will perform your obligations under this Agreement consistent with all applicable Bank rules and regulations, and that all information that you provide us is accurate, timely, and has been authorized by you. Use of these services is at your own risk. You are responsible for the installation, maintenance, and operation of your computer and browser software, anti- virus software and personal computer firewall. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate the computer software properly. Undetected or un-repaired viruses may destroy your programs, files, and even your hardware. We encourage you to purchase and employ a reliable firewall on your computer that will protect your computer from intrusion while you are connected to the Internet. You are solely responsible for the proper installation, configuration, and maintenance of an intrusion detection system you may employ.

You acknowledge that you shall be fully responsible and liable for any transactions initiated under this agreement. You acknowledge that you are in the best position to monitor the use of the Personal Online Banking Service, avoid errors in transmitting transactions through the use of the Personal Online Banking service, protect the confidentiality and secrecy of the passwords and govern the authority given to each authorized user.

Therefore, you agree that the Bank shall have no duty or obligation to verify information submitted by you in using the Personal Online Banking service. Except to the extent that we are liable under the terms of this Agreement, you agree to indemnify and hold the Bank, its officers, directors, agents, and employees harmless from all claims, demands, judgments, expenses, liability, causes of action and damages, arising out of your use of the Personal Online Banking service. Indemnification shall survive termination of this agreement. State Bank of Herscher Online Banking Agreement and Disclosure "Terms and Conditions of Your Account"

(H) BUSINESS DAYS
Our business days are Monday through Friday, excluding Holidays. We can process a fund transfer on the same business day as your instruction, if we receive your instructions before our Personal Online Banking cut-off hour of 5:00 p.m. Central Time on a business day. If we receive your instruction after the cut-off hour of our business day, we will process the transaction on the next business day. If the date you request for a future transfer or payment is not a business day, we will process the transaction on the business day immediately preceding the date you have requested. If you schedule a recurring funds transfer, and the payment date does not exist in a month, payment will be processed on the last business day of the month.

(I) STATEMENTS
Your Personal Online Banking payments and transfers will be indicated on the monthly or quarterly statements we provide.

(J) CHARGES FOR TRANSACTIONS
You agree to be charged for any applicable Personal Online Banking fees as listed in Bank's fee schedule. We reserve the right to change our fee schedule from time to time and your account will be charged in accordance with the new fee schedule after giving you at least thirty-day (30) notification.

(K) UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR PERSONAL ONLINE BANKING ID OR PASSWORD
If you believe your Personal Online Banking ID or Password or other means of access have been compromised or stolen or that someone has used them without your authorization, call us immediately at (815) 426-2156 during normal business hours. After hours you may e-mail us at: info@sbherscher.com or write to us at: State Bank of Herscher, PO Box 68, Herscher, Illinois 60941 Attn: Online Banking. Contacting us by phone is the best way of reducing your possible losses, since not all e- mail may arrive at their destinations in a timely manner. Because e-mail is not secure, do not include any of your account or social security numbers with your e-mail. Your name, address, daytime phone number, and a brief message as to what the problem might be is all we will need. If you notify us of a loss, your liability for unauthorized transactions or payments will be as follows:

  • If you contact us within two (2) business days of the loss or your discovery of the loss, you can lose not more that $50.00 if someone used your Personal Online Banking ID and Password without your permission.
  • If someone used your Personal Online Banking ID and Password without your permission, you could lose as much as $500.00 if you do not contact us within two (2) business days after you learn of the loss and we can prove that we could have prevented the loss if you had contacted us.
  • If your statement shows transfers or payments that you did not make, notify us at once. If you do not tell us within sixty (60) days after the first statement showing such a transfer was mailed to you, you may not get back any funds lost after the sixty (60) days, if we can prove your contacting us would have prevented those losses.
  • If you have given someone your Personal Online Banking ID and Password or other means of access, you have authorized that person to effect transactions in your account, and you are responsible for all transactions that person performs. The above limitations do not apply. You also agree to sign an Affidavit of Loss. By signing such Affidavit you agree to help the bank in prosecution of the person(s) responsible for such breach.

(L) ERROR RESOLUTION
In case of errors or questions about your transactions on Personal Online Banking or if any statement you see shows transactions that you did not make or if you need more information about a transfer listed on the statement or receipt, call or write us as soon as you can at 815-426-2156 or write State Bank of Herscher PO Box 68, Herscher, Illinois 60941. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred 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 question. If we decide to do this, we will 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 question in writing and we do not receive it within ten (10) business days, we may not credit your account. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

(M) YOUR USAGE AND RESPONSIBILITIES
You warrant and covenant that you will use the Bank's Personal Online Banking services for consumer, personal, family, or household purposes. You acknowledge that changes in technology, software, Bank policies and procedures, or other developments may require modifications to (or new or additional) your hardware, which you will be solely responsible for upgrading at your sole cost and expense if you desire to make continued use of the Bank's Personal Online Banking services.

(N) MISCELLANEOUS
Any required notice or other communication will be addressed to you at the address on file with the Bank. You are responsible for notifying the Bank of any change in your postal or e-mail address.

(O) OTHER GENERAL TERMS
This Agreement is intended to supplement and not to replace other agreements between you and us relating to your Account(s), including, without limitation, our "Terms and Conditions of Your Account", "Electronic Fund Transfers and Your Rights and Responsibilities", "Your Ability To Withdraw Funds" and "Truth-In-Savings Disclosure" agreements. In the event of a conflict between this Agreement and any other Account rules and agreements that apply to your Account(s) or the functions performed using Personal Online Banking; this Agreement shall govern and prevail.

(P) THIRD PARTIES
You understand that third parties other than us provide support and services relating to Personal Online Banking, and you authorize us to contract with third parties to provide such support and service. You release us from any liability for failures, act, or omissions of any third party system operator including, but not limited to, unauthorized access or theft or destruction of your information or instructions.

We have procedures to protect confidential information about you, your accounts, and your transactions. When we share information with third parties in order to effect your transactions, we require them to sign a contract agreeing to use the information only for the required purposes. Our information practices are fully detailed in our Privacy Policy.

(Q) APPLICABLE LAW
This Agreement will be governed by, construed and enforced according to the laws of the State of Illinois.

(R) AMENDMENT
We may amend this Agreement at any time. Notice will be sent to you at your current address in our files. Amendments will be effective upon the date indicated in the notice.

(S) TERMINATION
We may modify, suspend, or terminate your privilege of using Personal Online Banking and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate Personal Online Banking, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. If you wish to terminate your participation in Personal Online Banking, you must notify us at least five (5) business days prior to the date you wish to terminate. Unless otherwise agreed, we will terminate the service on the 5th business day following our receipt of your notice. Termination shall not affect the rights and obligations of the parties for transactions made with the Personal Online Banking before we have had a reasonable time to respond to your termination request. You must cancel all future funds transfers, whether recurring or individual payments, when you terminate Personal Online Banking or we may continue to process such payments.


Download and Complete the Agreement Form
 Personal Online Banking Agreement Form 

State Bank of Herscher
Internet Banking
PO BOX 68
Herscher, Illinois 60941

Equal Housing Lender Member FDIC

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