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 six
(6) characters, up to a maximum of eight (8)
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.
