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Monarch Community Bank > Bank online with Monarch! > NetTeller Service Agreement
 
Bank online with Monarch!
Monarch Service Agreement
We recommend that you print this Agreement and retain for future reference.

1). The Service. In consideration of the NetTeller ("Service") to be provided by Monarch Community Bank ("Bank"), as described from time to time in information distributed by Bank to its customers. In this agreement, "Customer" refers to the person(s) subscribing to or using the Service. The Customer may use a Personal Computer ("PC") through an Internet connection to obtain account balances and transaction information. The Customer may also use a PC to obtain statements on accounts and to transfer money between accounts. In addition, a PC may be used to electronically direct the Bank to make payments from a Customer ("Account") to third parties ("Payees") that the Customer has selected to receive payments through the Service. Payments may be made through the Service to any business professional, merchant, family member or any other entity capable of receiving payment by either electronic means or regular mail via the United States Postal Service. The Account means a designated BillPay checking account at the Bank from which the Bank makes bill payments on the Customer's behalf pursuant to this Agreement. By subscribing to the Service or using the Service to make any payments to a third party, the Customer agrees to the terms of this Agreement.

2). Payment of Fees. Any fees for the Service shall be payable in accordance with a schedule of charges as established and amended by Bank. Charges shall be automatically deducted from Customer's Account, and Bank shall provide to Customer monthly notice of such debit(s) on the Customer's Statement.

3). Access ID and Password. Each individual who has access to the Service, including each individual named on joint accounts, must designate a PASSWORD to accompany their NETTELLER ID. The PASSWORD must be a minimum of eight (8) characters, up to a maximum of twenty five (25) characters, which must consist of at least one (1) letter, and one (1) number. Special characters and/or symbols include may also be used and include the following: @!#$%^&*0?]+=[. For example, your PASSWORD may be: jk$2TR+3. Characters used in your PASSWORD or NETTELLER ID are not case-sensitive, so a "M" is the same as a "m". The Bank will assign the Customer a NETTELLER ID along with a temporary PASSWORD. The Customer is required to change the PASSWORD the first time the Service is used. It is not required the NETTELLER ID is changed the first time the service is used. Both the PASSWORD and NETTELLER ID can be changed at any time once the Customer has gained access to the Service. It is recommended that the Customer change this PASSWORD periodically for increased security.

4). Equipment. The Customer is solely responsible for their own equipment to access the Service including, but not limited to, the PC, Internet access and appropriate browser software. The Bank is not responsible for errors, delays, or inability to access the Service caused by the Customer's equipment. The Bank is not responsible for the cost of upgrading equipment to stay current with the Service nor is the Bank responsible, under any circumstances, for any damage to the Customer's equipment or the data resident thereon.

5). Business Days / Hours of Operation. The Service is available 24 hours a day, seven days a week, (except during maintenance periods) for inquiries, the scheduling of payment orders and transfers. For the purpose of this Agreement the Bank's business hours are 9:00 a.m. to 5:00 p.m. (Eastern Standard Time), Monday through Friday. Saturday and Sunday are not considered Business Days in this Agreement.

6). Electronic E-Mail: We may not immediately receive any E-mail sent by the Customer. We have a reasonable opportunity to take action or respond to E-mail requests. Customers CANNOT use e-mail to make BillPay requests (unless it is from the link within the Service), transfer funds or report unauthorized transactions or unauthorized use of your NETTELLER ID or PASSWORD. Customers MUST notify us at the phone number or address listed in this Agreement.

7). Authorization to Obtain Information. You agree that we may obtain and review your credit report from a credit bureau or similar entity. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments.

8). Your BillPay Payee List. The Payee List is a list of all utility companies, merchants, financial institutions, insurance companies, individuals, etc. to whom the Customer makes payments through BillPay. To be processed correctly, the Customer must include a complete mailing address, telephone number, and account number for each Payee. The Bank reserves the right to decline to make payments to certain persons and entities.

9). Scheduling and Delivery of your BillPays and Transfers (Payments). Payments may be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in this Agreement. Although payment information can be entered through the Service twenty-four (24) hours a day, seven (7) days a week, payments can be initiated only on business days (Monday through Friday, excepting legal banking holidays). A draft will be initiated against the Customer's Account on the business day on which a payment is to be "initiated". This date is referred to in this Agreement as the "Transaction Date". If you direct the initiation of a payment to occur on a day other than a business day, it will be initiated on the following business day. After the draft is initiated against the Customer's Account, the payment is sent by the Bank on behalf of the Customer by mailing the Payee a check, unless electronic funds transfer is utilized, including ACH (Automated Clearing House) or by other means as appropriate. Because of the time it takes to send BillPay payments, your Payees will not receive payment on the Transaction Date. This applies regardless of whether the BillPay is a next-day payment, a future payment or a recurring payment as described below. Therefore, in order to provide sufficient time for BillPay payments to be received by Payees, the Transaction Date should be at least five (5) business days prior to the date the payment is due, excluding any applicable grace periods offered by the Payee ("Due Date"). It is helpful to allow additional time for a payment to be completed the first time a payment is sent to a Payee through the Service. This allows the Payee to adjust to the new form of payment. A payment may be scheduled to be initiated on any business day or any future date. All payments and transfers must be scheduled by the electronic cut-off time of 7:00 p.m. (Eastern Standard Time) on any business day in order for the payment to be initiated for that business day.

10). Recurring Payments. Recurring payments are those made for the same amount scheduled on a weekly, bi-monthly, monthly basis, or some other consistent interval. Once started, recurring payments will be made automatically until the Bank is notified to stop or cancel the Service and the Bank has sufficient time to cease the recurring payment(s).

11). Canceling Payment. The Customer may use a PC to cancel a payment up to 7:00 p.m. (Eastern Standard Time) on the business day the payment is scheduled to be initiated ("Transaction Date"). There is no fee for canceling a payment Online, on the same day it is initiated. Other requests must be made at least one (1) day prior to scheduled payment date. A payment that has been sent may be cancelled for a fee (refer to current fee schedule for Stop Payment Requests) per item, but the Bank can not guarantee the ability to recall an item.

12). Bank Liability for Failure to Complete Transactions. If the Bank does not complete a transaction (BillPay or transfer) to or from the Customer's Account on time or in the correct amount according to this agreement, the Bank might be liable for some losses or damages. However, there are the following exceptions. The Bank will not be liable:

    a. if, through no fault of the Bank, the Customer does not have enough money in an account to complete the transaction;
    b. if the money in the Customer's Account is subject to legal process or other encumbrances restricting the transaction;
    c. if the system was not working properly when the Customer started the transaction;
    d. if circumstances beyond our control (such as fire or flood or systems failure) prevent the transaction, despite reasonable precautions that we have taken; or
    e. if the Customer incorrectly types required information such as Account number, amount or other necessary information; or
    f. if the Payee mishandles or delays handling payment sent by the Bank.

13). Exiting The System. When the Customer is finished using the Service the Exit link must be used to log out of the Service. If the Customer does not select the Exit link or the System does not detect Customer activity for a period of time, the Customer will be automatically logged off the Service.

14). Statements. Customers have the capability of viewing up to ninety (90) days worth of deposit Account history (sometimes more for Savings and Certificate Accounts) and lifetime history for Loan Accounts. All payments, transfers and/or fees associated with the Service will appear on the Customer's monthly Account statement. The Payee name, payment amount, and date of the payment will be shown for each payment made through the Service during that month. If the Customer enters a transaction description, this will also appear on the monthly Account statement.

15). Security Procedures. By accessing the Service, the Customer hereby acknowledges that you will be entering a protected web site owned by the Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the System, and all persons are hereby notified that use of the Service constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986. To ensure that the highest level of security is used the Customer is required to use the following browser types with 128-bit encryption capability:

    ·Netscape, version 4.5 or greater
    ·Internet Explorer, version 4.0 or greater
    ·America Online (AOL) version 4.0 or greater

16). Disclosure of Account Information to Third Parties. We may only disclose information to third parties about your account or the transactions you make:

    a. where it is necessary for completing transactions or resolving errors involving the Service; or
    b. in order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or
    c. in order to comply with government agency rules, court orders, or other applicable law; or
    d. to our employees, service providers, auditors, collection agents, affiliated companies, or attorneys in the course of their duties and to the extent allowed by law; or
    e. if you give us your permission.

17). Notice of Customer Rights and Liabilities. The security of Customer transactions is extremely important to the Bank. Use of the Service therefore requires a PASSWORD in addition to the unique NETTELLER ID. If a PASSWORD is lost or forgotten, please call (517) 278-4566 during normal business hours listed above. The Bank may require that the Customer verify their identity by providing personal information such as social security number, date of birth or home telephone number. The Customer's PASSWORD must be kept secret. Notify the Bank immediately if the PASSWORD is lost or stolen or if it is believed someone else has discovered the PASSWORD. It is agreed that if the PASSWORD is given to someone else, the Customer is authorizing them to act on behalf of the customer, and the Bank may accept any instructions given to make transfers or otherwise use the Service. The Service enables you to change your PASSWORD and the Bank strongly recommends that the PASSWORD is changed regularly. The Bank may be liable for certain security breaches to the extent required by applicable law and regulation. The Bank does not assume any other liability or otherwise guarantee the security of information in transit to or from the Bank's facilities. Please note that the Bank reserves the right to (1) monitor and/or record all communications and activity related to the Service; and (2) require verification of all requested transfers in the manner the Bank deems appropriate before making the transfer (which may include written verification by the customer). It is agreed that the Bank records will be final and conclusive as to all questions concerning whether or not the PASSWORD was used in connection with a particular transaction. If any unauthorized use of the Customer's PASSWORD occurs, the Customer agrees to (1) cooperate with the Bank and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by the Bank in recovering any unauthorized transfer of funds. Tell the Bank AT ONCE if it is believed the PASSWORD has been lost or stolen. Quick notification is the best way of keeping losses down. The Customer could lose all the money in an account (plus your maximum line of credit, if applicable). If the Bank is notified within two (2) business days, the Customer can lose no more than $50. If the Bank is NOT notified within two (2) business days after it is learned of the loss or theft of the PASSWORD and it can be proved that someone could have been stopped from using the PASSWORD without permission if the Bank had been notified, the Customer could lose as much as $500. Also, if the Customer's statement shows transfers that the Customer did not make, notify the Bank at once. If the Bank is not notified within sixty (60) days after the statement was mailed, the Customer, may not get back any money lost after the sixty (60) days if it can be proved that the Bank could have prevented someone from taking the money if the Bank was notified in time. If it is believed the PASSWORD has been lost or stolen or that someone has transferred or may transfer money from an account without permission, call (517) 278-4566 during normal business hours listed previously. THE BANK CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PASSWORDS, OR UNAUTHORIZED TRANSFERS VIA E-MAIL.

18). Errors and Questions. In case of errors or questions about electronic transactions, telephone the Bank at (517) 278-4566, 9:00 a.m. through 5:00 p.m. (Eastern Time), Monday through Friday, or write us at:

    Monarch Community Bank
    Attn: NetTeller Service Manager
    375 N. Willowbrook Rd.
    Coldwater, MI 49036

as soon as possible, if you think a statement or receipt is incorrect or if more information is needed about a transaction listed on the statement or receipt. The Bank must hear from the Customer no later than sixty (60) days after the FIRST statement was sent on which the problem or error appeared. You will need to:

    a. list your name, contact information (address and daytime phone number) and Account number
    b. describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
    c. tell us the dollar amount of the suspected error

If the Bank is notified verbally, you may be required to send the complaint or question in writing within ten (10) business days following the date the Bank was notified. The Bank will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. This may be extended to twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit. If we need more time, however, we may take up to forty-five (45) days to investigate your complaints or questions. If we decide to do this, we will credit your account within ten (10) business days [twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made] for the amount you think is in error, so that you will have 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. If we determine there was no error, we will reverse the previously credited amount, if any, and 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.

19). Termination. To terminate access to the Service, call (517) 278-4566 during regular business hours. After receipt of the call, a written termination authorization for signature and return will be sent. In order to avoid imposition of the next monthly fee, the written authorization to terminate must be received five (5) days before the service charge is scheduled to assess. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE ACCESS TO THE SERVICE IS TERMINATED. TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, FOLLOW THE PROCEDURES IN THE CANCELING PAYMENTS PARAGRAPH PREVIOUSLY LISTED OR SPECIFICALLY STATE ON THE TERMINATION AUTHORIZATION THAT YOU WANT ALL RECURRING TRANSFERS TERMINATED. The Bank reserves the right to terminate the Service, in whole or in part, at any time with or without cause and without prior written notice. In that event, or in the event that the Customer provides a termination notice, the Bank may (but is not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. The Bank also reserves the right to temporarily suspend the Service in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. The Bank may consider repeated incorrect attempts to enter the PASSWORD as an indication of an attempted security breach. Termination of the Service does not affect the Customer's obligation under this Agreement with respect to occurrences before termination.

20). Governing Law. The laws of the state of Michigan shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Agreement, understands the terms and conditions set forth herein and agrees to be bound hereby.

21). Limitation of Liability. Except as otherwise provided in this Agreement or by law, the Bank is not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any way out of the installation, operation, or maintenance of the Customer's PC equipment.

22). Indemnification. The Customer, in consideration of being allowed access to the Service, agrees to indemnify and hold the Bank harmless for any losses or damages to the Bank resulting from the use of the Service, to the extent allowed by applicable law.

23). Assignment. The Customer may not transfer or assign your rights or duties under this Agreement.

24). Waivers. No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of the Bank.

25). Amendments. The Bank can change a term or condition of this Agreement by mailing or delivering via e-mail to the Customer a written notice at least thirty (30) days before the effective date of any such change. The Bank does not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of the system or an account. However, even in these cases, if the change is to be made permanent, the Bank will provide the Customer with a notice of the change with the next regularly scheduled periodic statement sent, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an Account. Notices mailed or delivered to the Customer as discussed in this paragraph will be considered effective if mailed to the most recent Customer address in our Account records, or e-mail address in which the Customer authorized to receive such notices and/or disclosures.