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eBanking Access Agreement and Electronic Funds Transfer
Act Disclosure
Agreement - This Agreement, which includes the Fee
Schedule, Application Form, eBanking Service & Maximum Daily Limits
Authorization and any amendment or addenda to any of the foregoing is a
contract, which establishes the rules that cover your electronic access
to your accounts at Chemical Bank ("BANK") through eBanking (Internet),
Phone or Modem Banking Systems ("SYSTEM"). By using SYSTEM, you accept
all the terms and conditions of this Agreement. Please read it
carefully. The terms and conditions of the deposit agreements and
disclosures for each of your BANK accounts as well as your other
agreements with BANK, such as loans, continue to apply notwithstanding
anything to the contrary in this Agreement. This Agreement is also
subject to applicable federal and state laws (except to the extent this
Agreement can and do vary such rules or laws). If any provision of this
Agreement is found to be unenforceable according to its terms, all
remaining provisions will continue in full force and effect. The
headings in this Agreement are for convenience or reference only and
will not govern the interpretation of the provisions. Any waiver
(express or implied) by either party of any default or breach of this
Agreement must be in writing and shall not constitute a waiver of any
other or subsequent default or breach. You may not assign this
Agreement. This Agreement is binding upon your heirs and Banks
successors and assigns. Certain of the obligations of the parties
pursuant to this Agreement that by their nature would continue beyond
the termination, cancellation or expiration of this Agreement shall
survive termination, cancellation or expiration of this Agreement. This
Agreement, together with the Application Form and Fee Schedule,
constitutes the entire agreement between you and BANK with respect to
the subject matter hereof and there are no understandings or agreements
relative hereto which are not fully expressed herein.
Definitions - As used in this Agreement, the words "we,"
"our," "us" and "BANK" mean Chemical Bank. "You" and "your" refer to the
account holder authorized by BANK to use SYSTEM under this Agreement and
anyone else authorized by that account holder to exercise control over
the account holder's funds through SYSTEM "Account" or "accounts" means
your accounts at BANK. “eBanking” is the internet-based service
providing access to your Bank account(s). ”eBillPay” is the online
service that enables the scheduling of bill payments using a personal
computer. “Login ID” is the Customer-selected identification code used
for connection to the Service. “Password/PIN” is the bank-generated
code selected by BANK for use during the initial sign-on, or the codes
you select after initial sign-on, that establishes your connection to
the Service. “FI Key” the Financial Institution issued Pin number for
added security of first login. "Electronic funds transfers" means ATM
withdrawals, pre-authorized transactions, point of sale transactions and
transfers to and from your BANK accounts using SYSTEM including bill
payments. "SYSTEM Services" means the services provided pursuant to
this Agreement, including the Bill Payment Service. "Business days"
mean Monday through Friday, where holidays observed by the Bank are not
included.
SYSTEM Services - You can use SYSTEM to check the balance
of your BANK deposit and loan accounts, view BANK account histories, Pay
Chemical Bank loans and transfer funds between your BANK accounts. For
Phone Banking Users additional services are: Obtain interim statements
by fax, and Inquire by check number or amount. For Internet Users
additional services are: view check images, re-order checks, make stop
payment requests, order Savings Bonds, change your address, and pay
bills from your BANK accounts in the amounts and on the dates you
request. (Federal regulations restrict the number of electronic
transfers from savings or money fund accounts to no more than six during
each monthly statement cycle.) Balance and activity information are
available as of the previous business day.
Business SYSTEM Services
- Business customers using SYSTEM will have the same Services available
with the exception of ordering Savings Bonds online. In addition to the
above stated Services, they would have the ability to Process ACH
Transactions (including Payroll and Receipts), Wire Transfers,
Reconciliation Services, Tax Payments and Sent Files(importing).
e-Personal Access - To use SYSTEM, you must
have at least one account at BANK, access to Internet service and a
valid email address. Once we have received your signed confirmation
page, and verified your account information, we will email you
confirmation of our acceptance of your application along with your FI
Key for first time access to the SYSTEM. For security purposes you are
required to change your password/PIN
upon your initial login. SYSTEM can be used to access only the BANK
accounts, which you have designated for access, in your Application. You
can add or delete BANK accounts from this Agreement by sending an email
request(behind the pin; once logged on to SYSTEM). We undertake no
obligation to monitor transactions through SYSTEM to determine that they
are made on behalf of the account holder.
e-Business Access –
To use SYSTEM, you must have at least one account at BANK, access to
Internet service and a valid email address. Once we have received your
signed application form, and verified your account information, we will
mail your confirmation of our acceptance of your application along with
your Administrators Login information. For security purposes you are
required to change your Company password/PIN
upon your initial login, you will then be required to change your Login
password/PIN
upon your second login. SYSTEM can be used to access only the BANK
accounts, which you have designated for access, in your Application
Form. Access to your accounts through SYSTEM will be based upon the
identification of users and authority levels specified by you in your
Application Form. You can add or delete parties or BANK accounts from
this Agreement by completing a new Application Form or amending your
existing application form. We undertake no obligation to monitor
transactions through SYSTEM to determine that they are made on behalf of
the account holder.
Access Lockout - Any SYSTEM LoginID that is not accessed
for 90 days can be locked to avoid unauthorized access. Unlocking a
LoginID requires a phone call to the eBanking Department at
1-866-804-4592. You will be requested to provide specific information in
an attempt to validate your identity as a valid signer on the account.
Accounts that continue to be inactive for 6 months will be
removed from the system.
Hours of Access - You can use SYSTEM seven days a week,
twenty four hours a day, although some or all SYSTEM services may not be
available occasionally due to emergency or scheduled system maintenance.
We agree to post notice of any extended periods of non-availability on
BANK website.
Password/PIN
-
For security purposes, you are required to change your password/PIN upon
your initial login to SYSTEM. You determine what password you will use
and the identity of your password is not communicated to us. You agree
that we are authorized to act on instructions received under your
password. You accept responsibility for the confidentiality and security
of your password and agree to change your password regularly. Upon three
unsuccessful attempts to use your password, your access to SYSTEM will
be locked. To re-establish your authorization to use SYSTEM, you must be
able to answer 3 validation questions, to unlock your access yourself or
you must contact us during normal business hours to have your password
reset or to obtain a new temporary password. For Internet: We recommend
that you create a password that utilizes both upper and lower case,
alpha and numeric characters for purposes of security. Your password
should not be associated with any commonly known personal
identification, such as social security numbers, address, date of birth
or names of children, and should be memorized rather than written down.
For your protection, utilizing password save features are not
recommended for financial applications. Do not leave your PC unattended
while you are logged in to e-Banking. If you believe your Password has
been lost or stolen, please use the Password change feature within
e-Banking to change your Password immediately.
Security
- You understand
the importance of your role in preventing misuse of your accounts
through SYSTEM and you agree to monitor your accounts regularly online
and promptly examine your paper statement for each of your BANK accounts
as soon as you receive it. You agree to protect the confidentiality of
your account and account number, and your personal identification
information, such as your driver's license number and social security
number. You understand that personal identification information by
itself, or together with information related to your account, may allow
unauthorized access to your account. Your Password and Login ID are
intended to provide security against unauthorized entry and access to
your accounts. Data transferred via SYSTEM is encrypted in an effort to
provide transmission security and SYSTEM utilizes identification
technology to verify that the sender and receiver of SYSTEM
transmissions can be appropriately identified by each other.
Notwithstanding our efforts to insure that the SYSTEM is secure, you
acknowledge that the Internet is inherently insecure and that all data
transfers, including electronic mail, occur openly on the Internet and
potentially can be monitored and read by others. We cannot and do not
warrant that all data transfers utilizing BANK SYSTEM, or email
transmitted to and from us, will not be monitored or read by others.
Fees and Charges - You agree to pay the fees and charges
for your use of SYSTEM Services as set forth in the current fee
schedule. You agree that all such fees and charges will be deducted from
the BANK checking account designated as the "Primary Checking Account"
on your Application Form. If you close your Primary Checking Account,
you must contact us immediately to designate another account as your
Primary Checking Account. You agree to pay any additional reasonable
charges for services you request, which are not covered by this
Agreement. You are also responsible for telephone and Internet service
fees you incur in connection with your use of SYSTEM.
Posting of Transactions – Transactions processed through
SYSTEM before their respective cut-off time (Eastern Time) on a business
day are processed the same day. Transactions completed after their
respective cut-off time (ET) on a business day, Saturday, Sunday or
banking holiday will be posted on the next business day. For all
transactions made using SYSTEM, the time recorded by SYSTEM will be
considered the official time of the transaction. SYSTEM identifies
transactions based upon the login ID of the user who made the electronic
transaction. For Internet Users: Accordingly, you understand and
acknowledge that SYSTEM will not reflect transactions made by multiple
users from the same account. You agree to communicate with any other
persons with authorized access to your accounts concerning any
transactions from your accounts in order to avoid overdrafts
|
Transaction
Type |
Transmission Day |
System
Cut-Off Times |
|
Transfers
or Bill Payments |
Same Day as
the Effective Entry Date |
8:00 p.m.
(ET) |
|
Wires |
Same Day as
the Effective Entry Date |
2:00 PM
(ET) |
|
ACH
transactions
·
Payroll
·
ACH
Payments
·
ACH
Receipts
·
Tax
Payments |
2 Business
Days before the Effective Entry Date
2 Business
Days before the Effective Entry Date
1 Business
Days before the Effective Entry Date
1-2
Business Days before the Effective Entry Date |
3:00 PM
(ET) |
Availability
of Funds - To complete a payment through the service, you must
have sufficient available funds on deposit in your account or have a
sufficient unused credit line that is tied to that account at the time
of transaction though funds may not be debited for up to 48 hours.
Overdrafts (Order of Payments, Transfers and other Withdrawals)
- If your account has insufficient funds to perform all electronic fund
transfers you have requested for a given business day, then: (1)
Electronic funds transfers involving currency disbursements, like ATM
withdrawals, will have priority; (2) Electronic fund transfers
initiated through SYSTEM, which would result in an overdraft of your
account may be canceled, at our discretion; (3) In the event the
electronic fund transfers initiated through SYSTEM, which would result
in an overdraft of your account are not canceled, overdraft charges may
be assessed pursuant to the terms of the deposit agreement for that
account.
Joint Accounts
- If
your account is a joint account, the bank may act on the instructions it
receives from any co-owner, including instructions to terminate the
service or to transfer the service to a different account. This is true
even if other agreements you may have with the bank state that
withdrawals or requests for loans can be made only by written request or
only on the request of more than one co-owner. Additionally, any notice
given by the bank to any co-owner will be effective as notice to all
co-owners.
Limits on Amounts and Frequency of SYSTEM Transactions -
The number of transfers from BANK savings or money fund accounts are
limited pursuant to the terms of the applicable deposit agreement and
disclosure for those accounts. If a hold has been placed on deposits
made to an account from which you wish to transfer funds, you cannot
transfer the portion of the funds held until the hold expires.
SYSTEM Bill Payment Service - You must designate the BANK
account from which the payments are to be made; the complete name of the
payee, the account number, and the payee's remittance address, all
exactly as shown on the billing statement or invoice and maintained as
they are changed by the payee; the amount of the payment; and the date
you want the payment to be debited from your account. If the date of
payment is not a business day, your payment will be processed on the
next business day. Your account may be debited 1-2 business days after
the transaction date. If your Account does not have sufficient funds
to make the payment as of the date the payment is debited from your
account, the Bill Payment Service will automatically block future Bill
Payment Service until the account has sufficient funds to make the
payment. By using the SYSTEM Bill Payment Service option, you agree
that, based upon instructions received under your password, we can
charge your designated account by electronic transfer, "no signature
required draft", or by debiting and remitting funds on your behalf. We
reserve the right to refuse to pay any payee designated by you. If we do
so, we will notify you promptly.
Scheduling SYSTEM Payments – You may choose to schedule
payments to reoccur in the same amount at regular weekly, bi-weekly,
monthly, semi-monthly, bi-monthly, quarterly, annually or semi-annually
occurrences. If you are manually adding the payee information to the
System, the first time payment will be sent by paper check and verified
for ACH payment at the next payment date. Payees selected from the list
of electronic payees will go electronically the first time. If the payee
is to be paid by paper check (as indicated on the Bill Payer list), you
understand and agree that paper checks are mailed to the payee and the
payee may not receive the payment for five to eight business days after
the transaction date. If the payee is to be paid electronically (as
indicated on the Bill Payer list), you understand and agree that the
payee may not receive the payment until 72 hours after the transaction
date. You understand and agree that we are not responsible for the
timely delivery of mail or the improper transmission or handling of
payments by a third party such as the failure of the bill payment payee
to properly post a payment to your account, incorrect payee account
information which must be maintained to stay current with your invoice,
insufficient funds in your Bill Payment Account or any circumstances
beyond the control of the Bank.
Cancel a Bill Payment - To cancel a bill payment that you
have scheduled through SYSTEM, you must cancel the payment online via
SYSTEM (by following the onscreen instructions) before 8:00 p.m.
(Eastern Time) on the date the payment is scheduled to be paid.
Stop Payment Requests - Stopping the payment of a check is
different from the cancellation of a bill payment. Once the bill payment
has been paid, you CANNOT cancel or stop a bill payment, which has been
paid electronically. You may be able to stop a SYSTEM bill payment paid
by paper draft before the paper draft has cleared. (You will have to
contact us by telephone to determine if it has cleared.) If the paper
draft has not cleared, we will immediately process your stop payment
request or we will notify you immediately if the paper draft has already
cleared. You may initiate stop payment requests online via SYSTEM only
for paper checks you have written (non-electronically) on your BANK
accounts (not SYSTEM bill payer paper drafts.) Online stop payment
requests are processed at 9:00 a.m. on the business day following the
date the stop payment has been submitted online. To be effective, stop
payment requests must precisely identify the name of the payee, the
check number, the amount and the date of the check. If you make your
stop payment request online or by telephone, we may also require you to
put your request in writing and deliver it to us within 14 days after
you call. You will incur stop payment charges as disclosed in the
current fee schedule for the applicable account.
We assume no
responsibility for honoring this Stop Payment Order if the description
of the item that you provided us is inaccurate or incomplete. If the
check number is wrong or dollar amount is off by even a penny, our
processing equipment may not catch the item in time. You agree to hold
us harmless from all costs and expenses we incur, including any
attorney’s fees for consultation, at trial, and any appeals due to our
refusal to pay the item. You agree not to hold us liable if the item is
paid contrary to this Order and the payment is due to incorrect
information you supplied. Your Logon is the same as giving written
permission to order an online stop payment. This order and other
written orders are valid for six months (180days) from the date the Stop
payment is placed and will automatically terminate after six months
unless renewed in writing.
Periodic Statements - You will not receive a separate
SYSTEM statement. Transfers to and from your accounts using SYSTEM will
appear online and on the respective periodic paper statements for your
BANK accounts.
In Case of Errors or Questions about Your Electronic
Transfers & payments, if you think your paper statement is wrong, or if
you need more information about a transfer listed on your paper
statement. We must hear from you no later than 60 days after we sent the
FIRST paper statement upon which the problem or error appeared. When you
contact us: (1) Tell us your name and account number. (2) Describe the
error or 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.
(3) Tell us the dollar amount of the suspected error. (4) Tell us the
account number used to pay the bill, payee name, the date the payment
was sent, payment amount and the payee account number for the payment in
question. If you contact us by telephone or by email, we may require
that you send us your complaint or question in the form of paper writing
by postal mail or fax within 10 business days. We will communicate to
you the results of our investigation within 10 business days after you
contact us and will correct any error promptly. If we need more time,
however, we may take up to 45 days to investigate your complaint or
question. If we decide to do this, we will provisionally credit your
account within 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 in the form of a paper
writing within 10 business days, we may not provisionally credit your
account. If we decide that there was no error, we will send you a
written explanation within three business days after we finish our
investigation. You may ask for copies of the documents that we used in
our investigation. If we have made a provisional credit, a corresponding
debit will be made from your account.
Your Liability for Unauthorized Transfers - CONTACT US AT
ONCE if you believe your password/PIN
has been lost, stolen, used without your authorization, or otherwise
compromised, or if someone has transferred or may transfer money from
your accounts without your permission. An immediate telephone call to us
is the best way to reduce any possible losses. You could lose all the
money in your accounts (plus your maximum overdraft line of credit, if
any).
If you contact us within two business days after you learn of the loss,
theft, compromise or unauthorized use of you password, you can lose no
more than $50 if someone used your password without your permission. If
you do NOT contact us within two business days after you learn of the
loss, theft, compromise, or unauthorized use of your password, and we
can prove we could have stopped someone from using your password to
access your accounts without your permission if you had told us, you
could lose as much as $500. Also, if your paper statement shows
transfers that you did not make, contact us at once. If you do not tell
us within 60 days after the paper statement was mailed to you, you may
not get back any money you lost through transactions made after the 60
day time period if we can prove that we could have stopped someone from
taking the money if you had told us in time. If a good reason (such as a
long trip or hospital stay) kept you from contacting us, we will extend
the time period.
Our Liability for Failure to Make a Transfer - If we do
not complete a transfer to or from your account, including a bill
payment, on time or in the correct amount, according to our agreement
with you when you have properly instructed us to do so, we will be
liable to you for your losses or damages caused as a result. However,
there are some exceptions. We will NOT be liable, for instance: (1) If,
through no fault of ours, you do not have enough money in your account
to make a transfer. (2) If a legal order directs us to prohibit
withdrawals from the account. (3) If your account is closed, or if it
has been frozen. (4) If the transfer would cause your balance to go over
the credit limit of an established line of credit or the credit limit
for any credit arrangement set up to cover overdrafts. (5) If you, or
anyone authorized by you, commits any fraud or violates any law or
regulation. (6) If any electronic terminal, telecommunication device, or
any parts of the SYSTEM electronic fund transfer system is not working
properly and you knew about the problem when you started the transfer.
(7) If you have not provided us with complete and correct payment
information for the Bill Payment Service, including, without limitation,
the name, address, your payee-assigned account number, payment date and
payment amount for the payee on a bill payment. (8) If you have not
properly followed the on-screen instructions for using SYSTEM. (9) If
circumstances beyond our control (such as fire, flood, interruption in
telephone service or other communication lines) prevent the transfer,
despite reasonable precautions that we have taken. (10) Improper
handling or transmission by a third party.
Disclaimer of Warranty and Limitation of Liability - We
make no warranty of any kind, express or implied, including any implied
warranty of merchantability or fitness for a particular purpose, in
connection with the SYSTEM Services provided to you under this
Agreement. We do not and cannot warrant that SYSTEM will operate without
errors, or that any or all SYSTEM Services will be available and
operational at all times. Except as specifically provided in this
Agreement, or otherwise required by law, you agree that our officers,
directors, employees, agents or contractors are not liable for any
indirect, incidental, special or consequential damages under or by
reason of any services or products provided under this Agreement or by
reason of your use of or access to SYSTEM, including loss of profits,
revenue, data or use by you or any third party, whether in an action in
contract or tort or based on a warranty. Further, except as specifically
provided in this Agreement, in no event shall the liability of BANK and
its affiliates exceed the amounts paid by you for the services provided
to you through SYSTEM.
Your Right to Terminate - You may cancel your SYSTEM
service at any time by providing us with written notice by postal mail,
fax, or email (behind the pin; once logged on to SYSTEM). Your access to
SYSTEM will be suspended within three business days of our receipt of
your instructions to cancel the service. You will remain responsible for
all outstanding fees and charges incurred before the date of
cancellation.
Our Right to Terminate - You agree that we can terminate
or limit your access to SYSTEM Services for any of the following
reasons: (1) Without prior notice, if you have insufficient funds in any
one of your BANK accounts. SYSTEM service may be reinstated, at our sole
discretion, once sufficient funds are available to cover any fees,
pending transfers, and debits. (2) Upon three business days' notice, if
you do not contact us to designate a new Primary Checking Account
immediately after you close your Primary Checking Account. (3) Upon
reasonable notice, for any other reason at our sole discretion.
Changes – Changes that you wish to make to your name,
address, or any aspect of the service should be communicated to the
Bank. Address changes submitted online will update your address with us
for all future mailings.
Communications between BANK and You - Unless this
Agreement provides otherwise, you can communicate with us in any one of
the following ways:
In Person-
visit us at any one of our branch locations.
Email-
eBanking@chemicalbankmi.com (please note: banking transactions
through SYSTEM are not made via email.) NOTE: email transmissions are
not secure. We advise you not to send us or ask for sensitive
information such as account numbers, Password, account information,
etc. via any general or public email system. You should not rely on
email if you need to report an unauthorized transaction from one of your
accounts or if you need to stop a payment that is scheduled to occur.
Telephone- 1-866-804-4592.
Facsimile- (989)
633-3800.
Postal Mail- Chemical Bank – Attn: e-Banking Dept., 333 E. Main
Street, PO Box569, Midland, MI 48640-0569
Disclosure of Account Information and Transfers - The Bank
may disclose information about your account to third parties only as
permitted under the Privacy Policy for Chemical Bank and its Customers,
as amended from time to time. You understand information about your
accounts or the transfers you make may automatically be disclosed to
others. For example, tax laws require disclosure to the government of
the amount of interest you earn, and some transactions, such as large
currency and foreign transactions, must be reported to the government.
We may also provide information about your accounts to persons or
companies we believe would use the information for reasonable purposes,
such as when a prospective creditor seeks to verify information you may
have given in a credit application or a merchant calls to verify a check
you have written. In addition, we routinely inform credit bureaus when
accounts are closed because they were not handled properly. We may also
seek information about you from others, such as the credit bureau, in
connection with the opening or maintaining of your account or in
connection with approving your access to SYSTEM. You agree and hereby
authorize all of these transfers of information.
Change in Terms - We may change any term of this Agreement
at any time. If the change would result in increased fees for any SYSTEM
service, increased liability for you, fewer types of available
electronic fund transfers, or stricter limitations on the frequency or
dollar amount of transfers, we agree to give you notice at least 30 days
before the effective date of any such change, unless an immediate change
is necessary to maintain the security of an account or our electronic
fund transfer system. We will post any required notice of the change in
terms on the BANK SYSTEM website or forward it to you by email or by
postal mail. If advance notice of the change is not required, and
disclosure does not jeopardize the security of the account or our
electronic fund transfer system, we will notify you of the change in
terms within 30 days after the change becomes effective. Your continued
use of any or all of the subject SYSTEM Services indicates your
acceptance of the change in terms. We reserve the right to waive, reduce
or reverse charges or fees in individual situations. You acknowledge and
agree that changes to fees applicable to specific accounts are governed
by the applicable deposit agreements and disclosures.
Consent to Electronic Delivery of Notices - You agree that
any notice or other type of communication provided to you pursuant to
the terms of this Agreement, and any future disclosures required by law,
including electronic fund transfer disclosures, may be made
electronically by posting the notice on the BANK SYSTEM website or by
email. You agree to notify us immediately of any change in your email
address.
Revised:
6/1/2006
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