Account Agreements, Terms and Conditions, Policies, and Disclosures
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Online Banking User Terms and Conditions
The following terms and conditions apply to Your use of Online Banking services provided by First Midwest Bank. First Midwest Bank reserves the right to modify these terms and conditions at any time, effective upon notice to You. Your use of these Services following receipt of such notice constitutes Your agreement to any modifications of these terms and conditions.
Access to the Online Banking services is also available via the Internet. You must use Your personal computer and Internet access to sign on to the Online Banking services using Your user name and password. You agree not to disclose Your user name and password to any person not authorized to access Your Accounts via the Online Banking services. You agree to notify First Midwest Bank immediately if You become aware that someone has knowledge of Your user name or password.
You are responsible for obtaining, installing, maintaining and operating all computer hardware and software, and an appropriate access to the Internet as necessary for accessing and using the Services. First Midwest Bank will not be responsible for any errors or failures resulting from the malfunction or failure of Your hardware or software or Internet Service Provider. To use the Services, You must have access to a personal computer with the following:
||Microsoft Internet Explorer
|Mac OS 10.7
|Mac OS 10.8
3. Prohibited Uses
You agree that You will not use the Services for any unauthorized or illegal purpose, including but not limited to:
- Use of Online Bill Payment to transmit alimony, child support or other court-directed payments or tax payments.
- Unauthorized communication of any charge or credit-card information belonging to any other person or entity;
- Unauthorized communication of any information concerning any password or other online access number, code, or identification, or any other proprietary information belonging to any other person or entity;
- Copy, distribute or transmit copies of copyrighted materials belonging to any other person or entity without the express permission of the copyright owner permitting such activity.
- Communicating any obscene or defamatory information, including but not limited to online bulletin boards or in conjunction with conferences; or
- Violation of any telecommunication, postal, or other local laws or regulations of Your country of origin or of the United States or in furtherance or in the commission of any crime or other unlawful or improper purpose. You agree to indemnify, hold harmless and defend First Midwest Bank from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at Your sole expense, arising from Your failure to abide by these restrictions on use of the Services.
Copyright in the pages, screens, text and images appearing at the website is owned by First Midwest Bank. The information and materials contained in the website may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of First Midwest Bank.
5. Confidentiality and Monitoring
You further agree that:
- Transmission of confidential business and sensitive personal information to and from the Services is at Your sole risk;
- First Midwest Bank reserves the right to monitor and review transmissions online and in storage, and to remove or reject any material which First Midwest Bank, in its sole discretion, believes may be unlawful or objectionable, without prior notice to You.
6. Damages Limitations
The liability of First Midwest Bank for any loss, injury or damage that You suffer (whether based on contract, tort or otherwise) caused by First Midwest Bank or the use of the Services shall be limited to direct damages and shall not exceed $50.00. In no event shall First Midwest Bank have any liability for any indirect, consequential, incidental, special, exemplary or punitive damages, even if informed of the possibility of such damages, whether the claim for such damages is based on contract, tort or any other theory. First Midwest Bank is not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, arising in any way out of the installation, use or maintenance of Your personal computer hardware or any software or Internet access. Any cause of action concerning the Services under these terms and conditions must be commenced within one year after such cause of action has accrued.
We will use our best efforts to include accurate and up to date information on the First Midwest Bank website, but we make no warranties or representations as to the accuracy of the information. You agree that all access and use of the website and its contents is at Your own risk. By using the First Midwest Bank website, You acknowledge that we specifically disclaim any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with Your access to or use of the website (even if we have been advised of the possibility of such damages), including liability associated with any viruses which may infect a user’s computer equipment.
With regard to services or products purchased or obtained by You from a non-First Midwest Bank person or entity, First Midwest Bank makes no warranty of merchantability or warranty of fitness for a particular purpose with regard to such services and products and First Midwest Bank specifically disclaims all other warranties with regard to said services and products.
You agree that Your use of the website shall be governed by all applicable Federal laws and the laws of the State of Illinois and agree that venue shall be located in Chicago, Illinois.
7. Business Days/Hours of Operation
First Midwest Bank’s business days are Monday through Friday, except holidays on which it is closed. The Services are available 24 hours a day, 7 days a week, except during maintenance periods. All internal transfers initiated after 8:00 P.M. Central Time, and all Online Bill Payment transactions initiated after 9:30 P.M. Central Time, on a business day will be posted to the appropriate accounts on the next business day.
8. Online Banking Services
Through the Online Banking Services, You may use Your personal computer and Internet access to perform the following transactions:
- Balance Inquiries. You may check the current balance and other account information on all of Your First Midwest Bank deposit and loan accounts other than Ready Cash, Mortgage, IRA and credit card accounts.
- Balance Transfers. You may perform funds transfers between any two of Your First Midwest Bank deposit accounts (also loan accounts via Online Banking only) that You have designated as Transfer Accounts (other than certificates of deposit).
- Customer Service. You may communicate with First Midwest Bank by using Your personal computer to send and receive secure messages electronically using Your Online Banking Message/Bank Mail Center. (Normal e-mail communications with First Midwest Bank are not sent in a secure manner. You should avoid sending account numbers or account activity information via such e-mail).
9. Balance Transfers
All funds transfers that You perform between Your Transfer Accounts are subject to the following rules and regulations:
- You must be the signer of both Transfer Accounts; however, First Midwest Bank may, at its discretion, accept an authorization when You are the owner of an individual joint account receiving credit and are also a signer on a joint account being charged.
- First Midwest Bank shall have no duty to verify the identity of a person using Your valid user name and password to transfer funds.
- You may initiate a transfer request at any time provided all systems are operational. The transfer will be posted on a business day during regular processing hours.
- You agree to pay the applicable service charges for transfers as set forth in the First Midwest Bank Retail Account Agreement and Disclosure.
- Federal regulations limit preauthorized, automatic telephone and other transfers from savings and money market accounts to a total of six (6) per month.
- Transfers are subject to all of the terms and conditions on electronic funds transfers as set forth in the First Midwest Bank Retail Account Agreement and Disclosure.
10. Online Banking
The following terms and conditions apply to use of Online Banking:
- Authorization. You may use the Online Banking service via Your personal computer and Internet access to direct First Midwest Bank to make payments from Your bill payment account to third party payees.
- Payee Information. To use the Online Banking service, You must provide First Midwest Bank with sufficient information about each payment to permit First Midwest Bank to properly direct the payment and permit the payee upon receipt of a payment to identify You as the payment source. This normally includes correct payee name, address, account information and payment amount. You may not schedule duplicate payments. A duplicate payment is one that is scheduled to be made to the same payee on the same day for the same amount.
- Timing of Payments. When You initiate a payment, the payment date that You specify is referred to as the "Transmit Date." Because of the time it takes to transmit Your payment to the payee, the payee may not receive payment for up to five (5) to seven (7) business days after the Transmit Date. Therefore, in order to provide sufficient time for payments to be received by Your payee, the Transmit Date You specify should be a date at least five (5) to seven (7) business days before the bill’s actual due date, not including any grace period. First Midwest Bank will use reasonable efforts to ensure that payments are made within five (5) to seven (7) business days of the Transmit Date, but cannot guarantee the time a payment will be posted by a creditor. After funds are withdrawn from Your bill payment account, First Midwest Bank may remit Your payments by mailing Your payee a check drawn on an account it maintains for this purpose, by electronic funds transfer or by other means. First Midwest Bank will use reasonable effort to ensure creditors reverse any service fee or late charge that is related to payment process error by First Midwest Bank. However, First Midwest Bank will not be responsible for any loss You may incur as a consequence of a late payment.
- Funding. You agree to maintain sufficient funding in the bill payment account as necessary to complete all payment transactions that You request. Your right to make online bill payments will be terminated if, on two (2) occasions, the funds in Your bill payment account are insufficient to make a payment You have requested. You also understand that First Midwest Bank will not be responsible for any loss or penalty that You may incur due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from Your bill payment account.
- Changing or Canceling Payments. You may change or delete a single payment up until 9:30 p.m. Central Time on the Transmit Date for that payment.
- Error Notification. You agree to notify First Midwest Bank no later than sixty (60) days after You receive the first statement on which You believe a problem or error occurred. In case of errors or questions about an online bill payment, call FIS Bill Payment Customer Service at (877) 203-6724 (which is open 24 hours a day, 7 days a week), or write FIS Bill Payment Customer Service, P.O. Box 3280, Milwaukee, WI 53201-3280. If You think Your statement is wrong or if You need more information about an online bill payment listed on the statement, we must hear from You no later than sixty (60) days after we sent the first statement on which the problem or error appeared.
- Investigation of Errors. You acknowledge that First Midwest Bank may require up to forty-five (45) days to investigate a complaint or question. First Midwest Bank will use all reasonable efforts to resolve an issue as quickly as possible. If an issue is reported orally, You may be required to send the complaint or question to FIS Bill Payment Customer Service, P.O. Box 3280, Milwaukee, WI 53201-3280 in writing within ten (10) business days. If First Midwest Bank is unable to resolve a problem within 10 business days after receipt of Your written complaint or question, it will credit Your bill payment account on a provisional basis for the amount You believe is in error. If First Midwest Bank asks You to put the complaint or question in writing and First Midwest Bank does not receive it within 10 business days, First Midwest Bank may not credit the bill payment account. If First Midwest Bank determines there was no error, it will send a written explanation within three (3) business days after the investigation is finished.
- Refusal to Process. First Midwest Bank has the right to refuse a transaction if it reasonably believes such refusal is necessary for security reasons.
11. Online Banking Services
Through the Online Banking services, You may use Your personal computer and Internet access to perform the following transactions:
- Download Files. You may download check register transaction files for use with the following money management software products: Intuit Quicken (versions 1999 and later) and Microsoft Money (versions 1997 and later).
12. Information, Documents and Notices
Consent to Electronic Form
You agree that all information, disclosures, documents, statements (upon request), and notices that First Midwest Bank is required to provide to You relating to this Agreement or to the Online Banking services for all accounts with First Midwest Bank, may be provided to You via email at the e-mail address that You have provided pursuant to this Agreement, or to a substitute e-mail address that You designate to First Midwest Bank, or to First Midwest Bank’s Bank Notices assigned to your Online Banking Account. This consent applies to all Online Banking transactions under this Agreement.
Hardware and Software Requirements
To receive such notices, You must have an active e-mail account accessible from the Internet, and the minimum hardware and software requirements specified for Your use of the Online Banking Services. If Your e-mail address changes, You will notify the Bank promptly. You agree that Your computer satisfies the hardware and software requirements within the disclosure and You can access pdf documents. If You are unable to access PDF files, the Bank will provide a link to obtain the necessary software program to You. In addition, You give affirmative consent for us to provide You with electronic communications as described in the disclosure for the account (s) You currently have with First Midwest Bank. These communications may be transactional or promotional in nature.
Changes to Your E-Mail Address
To change the e-mail address to which such notices are sent to you, login to Online Banking and update your e-mail from the Account Summary Page.
Option to Receive Paper Copies
You may obtain a paper copy of any notice sent to You via e-mail by writing us at First Midwest Bank, 50 West Jefferson Street, Joliet, Illinois 60432, Attn: Internet Banking. [You will be charged a fee of $2.00 for each such paper copy that You request]. In addition, You have the right to request that all such notices be provided to You on paper, and the right to withdraw this consent to receive such notices electronically by writing us at First Midwest Bank, 50 West Jefferson Street, Joliet, Illinois 60432, Attn: Online Banking. [However, if You withdraw such consent, First Midwest Bank will terminate Your right to initiate electronic payments to Your creditors / charge You a fee for receipt of paper notices.]
13. Termination and Limitation of Access
- First Midwest Bank may terminate, or discontinue, the Services in whole or in part at any time without prior notice. First Midwest Bank also reserves the right to limit or suspend Your access to the Services at any time. First Midwest Bank also has the right to refuse a transaction if it reasonably believes such refusal is necessary for security reasons.
- You may cancel Your use of the Online Banking services at any time by sending notice via first class mail to First Midwest Bank, 50 West Jefferson Street, Joliet, Illinois 60432, Attn: Online Banking, or by calling First Midwest Bank at 1-800-322-3623. If You notify us by telephone, we may request that You put Your request in writing. We cannot cancel the Online Banking services until all pending payments have cleared. If You have pending payments and do not want to wait for them to clear, You may individually delete these future payments. You will not receive a refund of any service fee if You cancel. Cancellation shall not affect Your liability or obligations under these terms and conditions.
14. Miscellaneous Terms
You agree to comply with all applicable account agreements that You have with First Midwest Bank and all State and Federal laws and regulations. First Midwest Bank may amend or change these terms and conditions by sending You notice by e-mail or by regular mail sent to Your address as it appears on Your account records. Use of the Services following receipt of such notice constitutes Your agreement to any modifications of these terms and conditions.