TERMS AND CONDITIONS LOAN PAYMENT CENTER RECURRING ON-LINE LOAN PAYMENTS
These Terms and Conditions constitute a stand alone agreement between you and First Midwest Bank (“Bank”) with respect to transfers you initiate on line to make loan payments owing to Bank. Nothing herein shall modify any said loan agreement in any manner, which loan agreement shall remain in full force and effect. More particularly, these Terms and Conditions authorize and shall apply only to, periodic loan payments you choose to make upon certain existing loans or other credit arrangements owing to the Bank (the “LPC Service”), as further described below. By using the LPC Service you agree to the following Terms and Conditions are applicable to such payments. All payments you authorize will appear on the statements for the applicable loan account. You will not be able to pay your loan payments to Bank until you have read this these Terms and Conditions and acknowledge doing so by clicking “Yes”, “I agree to the Terms and Conditions”.
As a user of the LPC Service, you represent, warrant to and agree to Bank that:
- Designated Account: Upon your acceptance of these Terms and Conditions, you will have submitted your banking account information (your "Designated Account") which may be at an institution other than Bank. A Designated Account may only be a checking or savings account, and no other type. If the Designated Account is an account for your business, then it must be and is one for which you are a properly authorized signer.
- Certain Fees and Penalties. You are responsible for any legal, regulatory, or banking penalties and fees that may be assessed for supplying false information to us for use with the LPC Service.
- Current Terms. You will be agreeing to the then current provisions of these Terms and Conditions each time you make a payment using the LPC Service. These Terms and Conditions may have been altered or amended from the last time you used the LPC Service so be sure to read it each time before you make a payment to be certain you still agree with its provisions. Your use of the LPC Service after any changes to these Terms and Conditions will constitute your agreement to such change(s).
- Scope of LPC Service. The LPC Service may be used only for payment of consumer loan payments owing to Bank of the following kinds: personal unsecured, home mortgage, home equity, home equity line, mobile home, recreational vehicle, or a loan secured by certificate of deposit. No commercial loan payments are permitted.
- Authorization. By accepting these Terms and Conditions, you authorize Bank and its applicable vendors and agents to initiate a charge to your Designated Account according to your instructions. Each time you use the LPC Service to pay your loan, you will be reauthorizing us to charge your Designated Account. By providing Bank with the account information for your Designated Account, you authorize us to follow the payment instructions we receive from you through the LPC Service.
- Timing; Cut-Off Time. You will instruct the LPC Service to initiate each payment to us at least four (4) business days before the actual loan due date. (Business days are Monday through Friday, except for federal banking holidays). If you use the Service to send us your payment instructions after 5:00 P.M. (Central Standard Time) on a business day, then the LPC Service will treat your instruction as if it was received on the following day. It is the day we receive payment from you, and not the day we receive your instructions, that determines whether your payment was timely received.
- Loan Due Date: When If your payment is received after the due date of the bill, regardless of any cause except for our failure to reasonably process your explicit payment instruction actually received by us, then you will remain responsible for any late charges and interest assessed, the same as if you mailed your payment to us and we received it after the due date. (This would be true even if you are unable to access the system due to problems with the Internet, or our servers being temporarily unavailable. you use this LPC Service to send us a payment instruction, you authorize Bank to initiate a message to your bank to charge your Designated Account and to send those funds to us for payment on your Bank loan account so that we receive the funds as close as reasonably possible from the date indicated by you in the payment instruction.
- Termination; Discontinuance. We reserve the right to terminate the LPC Service at any time, or to terminate your use of the LPC Service. If we terminate your use of the Service, you will need to pay your Bank loan bill in another manner.
- Further Representations and Warranties. By accepting these Terms and Conditions, you represent and warrant that:
i. You are 18 years old or older;
ii. You are using your actual identity and any information you provide is accurate and complete;
iii. You are legally authorized to make payments using your Designated Account;
v. Your use of the Service will not violate any local, state, national or international laws or regulations.
Limitation of Liability; Binding Agreement. Bank will endeavor to complete your LPC Service transfer in a commercial reasonable manner, but otherwise disclaims all warranties, express or implied, including for MERCHANTABIILTY or FITNESS for a particular purpose. You agree that any claims, causes of actions, liability or damages whatsoever shall be limited to the liquidated amount of two times the fees owing to Bank with respect to the subject transfer, and that incidental, consequential, special and punitive damages shall in no event apply. These terms and conditions are the legal, binding agreement between you and Bank.
Dispute Resolution. In the event of a dispute with respect to the LPC Service, the dispute resolution procedures contained in your loan billing statement shall apply.