This Business Online Banking Agreement ("Agreement") establishes the terms and conditions for electronic access to your accounts using our Business Online Banking Services. Please read this Agreement carefully and retain a copy for your records.
You expressly agree to and consent to be bound by all of the terms of this Agreement if you do any of the following: (i) execute this Agreement in hard-copy form; or (ii) access, use or install our Business Online Banking Services.
In addition to other terms defined in this Agreement, the following terms have the following meanings:
1.1."Accounts" means the deposit and loan accounts that you maintain with us. Not all Services are available with all your Accounts.
1.2."Agreement" means this Suburban Bank & Trust Company Business Online Banking Agreement as it may be amended, supplemented or revised by us from time to time.
1.3."Application" means the Business Online Banking Application you complete in order to obtain access to the Business Online Banking System.
1.4."Business Day" means any day that we are open for banking services but excluding bank holidays, Saturday and Sunday.
1.5."Access Codes" means the access ID and password used by you to access the Business Online Banking System and Services.
1.6."Website," refers to the Suburban Bank & Trust Company official website.
1.7."We," "us," "our," "Bank," "SBT" and similar words refer to Suburban Bank & Trust Company.
1.8. "You," "yours" and similar words refer to the corporation, partnership (general, limited or LLP), limited liability company, association, or other non-natural person who executes this Agreement or who applies for access to the Business Online Banking System and uses the Services.
This Agreement applies to your use of our commercial Internet banking service, which permits you to access certain accounts you have with us via the Internet for services selected by you and agreed upon by us.
To establish Business Online Banking, you must complete certain enrollment forms or other documents (Business Online Banking Application) evidencing your desire to access your accounts using Business Online Banking and identifying the specific accounts that will be accessible. The specific services available to you are identified in your Business Online Banking Application.
You warrant that you will perform your obligations under this Agreement consistent with all applicable Bank rules and regulations and that all information that you provide us is accurate, timely, and has been authorized by you, and in the event that you breach any of the forgoing warranties, you agree to indemnify Bank against any loss, liability, or expense. You agree to indemnify and hold Bank harmless for any and all acts of any employees or persons who you grant access to or who gain access your Internet Banking account. You consent, by execution of this Agreement, to disclosure of your customer information to those that gain access to your accounts.
Use of these Services is at your own risk. You are responsible for the installation, maintenance, and operation of your computer and browser software, anti-virus software and personal computer firewall. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate the computer software properly. We make no warranty to you regarding the computer software, including any warranty of merchantability or fitness for a particular purpose. We are not responsible for any errors or failures from any malfunction of your computer or the software. We are not responsible for any electronic virus or viruses that you may encounter. We are not responsible for any computer virus or related problems that may be associated with the use of the Services. We have no liability to you for any damage or any other loss directly or consequential, which you may suffer or incur by reason of your use of the computer or software. We encourage our customers to routinely scan their PC and Media using a reliable anti-virus product to detect or remove any viruses. Undetected or un-repaired viruses may destroy your programs, files and even your hardware. Additionally you may unintentionally transmit the virus to other computers. We also encourage you to purchase and employ a reliable firewall on your computer that will protect your computer from intrusion while you are connected to the Internet. You are solely responsible for the proper installation, configuration, and maintenance of an intrusion detection system you may employ.
At Suburban Bank and Trust Company, we understand the importance of the responsibility that our customers have entrusted to us. Suburban Bank and Trust Company is proud of the sophisticated level of data security and privacy supplied to its Internet Banking clients and their account holders. Data security is provided on multiple levels: by firewall, intrusion detection software, network monitoring, application level security and company policy.
Firewall: A firewall serves as a security gate between the Internet and our network including Information Technologies Inc. (ITI) mainframe data. By intercepting Internet data packets first, the firewall ensures that only packets permitted by our rule set may be passed beyond the public Internet to our secure web commerce server, and ultimately to the ITI Internet Banking application.
Application Level Security: Unique user codes and passwords identify authorized accountholders. The combined effect of ITI security and network security allow clients to access only mainframe or other networked host areas permitted through the Internet Banking application.
Secure Socket Layer (SSL): We use the SSL encryption technology for everything you do in the Internet Banking system. This technology is automatically activated by your browser when it attempts to connect to our Service. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from open to locked. What this means is that your communications are scrambled from your browser to our servers at all times making it nearly impossible for an unauthorized party to read the information as it is carried over the Internet.
You agree to identify, in your Application, a person to be your authorized Senior Administrator. We will issue a Password or other access code ("Password(s)") to the authorized Senior Administrator, which will allow the authorized Senior Administrator to access all of the services available to you using Business Online Banking. You understand and agree that upon receipt of the initial Password by the authorized Senior Administrator, the authorized Senior Administrator will have full access to perform all the services we provide to you over Business Online Banking. You understand and agree that the authorized Senior Administrator also has the authority to assign Passwords to other persons, to identify the services that may be performed using each Password, and to amend and revoke assigned Passwords and the services that may be performed using the assigned Passwords.
You are responsible for maintaining the confidentiality of the Passwords. You understand and agree that you are responsible for all transactions incurred using your Passwords. You agree to disclose Passwords only to those individuals authorized to use Business Online Banking Services of a particular level in Business Online Banking. Anyone to whom you disclose your Passwords and anyone who has access to your Passwords will have full access to the services you can perform on Business Online Banking, including full access to your Accounts. The person's authority will be limited only to the extent that the Password was established with limitations on the services that could be performed using the Password. We are entitled to presume that all communications containing proper Passwords are authorized by you and to act upon those communications, and you will be bound by any transaction performed by any person using the Password. You assume full responsibility and liability for the consequences of any misuse or unauthorized use of or access to Business Online Banking or disclosure of any confidential information or instructions of yours by your employees, agents or other third parties that gain access to your Passwords. It is solely your responsibility to communicate with the Bank to maintain current access codes and to disable or remove employees who no longer work for you. Failure to disable access of former employees by you could result in financial loss to you. You agree to hold the Bank harmless for any loss due to your failure to disable or remove access codes of former employees or employees whose status has changed from authorized to unauthorized. The use of the Password as a security measure supersedes any other security procedures in agreements you have with us relating to funds transfers such as a wire transfer agreement or Automated Clearing House (ACH) Agreement.
Suburban Bank and Trust Company will NEVER contact you to ask for your user ID or Password. If you are approached by anyone to provide your user ID and Password, DO NOT PROVIDE THIS INFORMATION. Contact the Bank immediately, as you could be the victim of attempted fraud or identity theft. Tell us at once if you believe any of your Passwords have been lost, stolen or otherwise made available to an unauthorized person. Telephoning the Bank is the best way to minimize possible losses. All the money in your Accounts (plus your maximum overdraft line of credit) may be at risk in the event of fraudulent access to your account(s). If you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, use one of the following methods:
1. Call 877-279-1300
2. Or write to us at:
Suburban Bank and Trust Company
Attn: Internet Banking
PO Box 419
Elmhurst, IL 60126
Immediately contacting us by phone is the best way of reducing your possible losses, since not all e-mail may arrive at their destinations in a timely manner. We will send e-mail back to you as confirmation that we did receive it. Because E-mail is not secure, do not include any of your account or social security numbers within your e-mail. Your name, address, daytime phone number, and a brief message description of the problem is all we will need.
If you notify us of a loss, your liability for unauthorized transactions or payments will be as follows:
• If you contact us within two business days of the loss or your discovery of the loss, you can lose no more than $50.00 if someone used your Internet Banking ID and Password without your permission.
• If someone else used your Internet Banking ID and Password without your permission, you could lose as much as $500 if you do not contact us within two business days after you learn of the loss and we can prove that we could have prevented the loss if you had contacted us.
• If your statement shows transfers or payments that you did not make, notify us at once. If you do not tell us within sixty (60) days after the first statement showing such a transfer was mailed to you, you may not get back any funds lost after the 60 days, if we can prove your contacting us would have prevented those losses.
• If you have given someone your Internet Banking ID and Password or other means of access and want to terminate that person's authority, you must change your identification number and Password or other means of access or take additional steps to prevent further access by such person.
In case of errors or questions about your electronic transfers call us at 877-279-1300 or write us at:
Suburban Bank and Trust Company
150 East Butterfield Road
Elmhurst, IL 60126
Notify us immediately if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error first appeared. (1) Tell us your name and account number. (2) Describe the error or the 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. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for new accounts or point-of-sale or foreign-initiated transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days for new accounts) 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 10 business days, we may not credit your account for 30 days after the first deposit is made, if you are a new customer. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
We may 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 Services; 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 permission.
Business days are days we are open for banking services but excluding bank holidays, Saturday and Sunday. We can process a fund transfer on the same business day as your instructions, if we receive your instructions before our Business Online Banking cut-off hour of 2:00 p.m. CST on a business day. If we receive your instruction after the cut-off hour of our business day, we process the transaction on our next business day. If you schedule a fund transfer for a future date, we process the transaction after the close of business on that date, if that day is a business day. If the date you request for a future transfer or payment is not a business day, we process the transaction on the business day immediately preceding the date you have requested. If you schedule a recurring funds transfer and the payment date does not exist in a month, the payment will be processed on the last business day of that month.
Using your Password and the Business Online Banking you can perform all the functions described in the Application, in connection with the Accounts described in the Applications, and you can:
1. View account information.
2. Transfer funds among your deposit accounts with us.
3. Transfer funds from your line of credit to your checking account with us, per Commercial Lending approval.
4. Make transfers out of deposit accounts to your loan accounts with us.
5. Subject to available funds, you may transfer funds using Business Online Banking in any amount.
6. Additional functions may be made available from time to time, subject to the terms and conditions of this Agreement.
1. You may initiate Funds Transfers between accounts held at the bank. The transfers will be processed on the effective day of the transfer, providing:
a.) That the transfer reaches the bank by the 2:00 p.m. CST cut-off time for such transfers, and
b.) Unless otherwise agreed by the Bank in advance, that the account has sufficient collected funds to pay the requested transfer.
2. Customer may initiate ACH file transfers from your account provided that:
a.) A completed ACH agreement and authorized daily limits are already in place with the Bank;
b.) All ACH transfer requests reach the bank 48 hours prior to the day the customer desires the transfer and
c.) Unless otherwise agreed by the Bank in advance, that the account has sufficient collected funds to pay the requested transfer.
The Bank shall not be obligated to send ACH transfer advices or notices to you, except as may be reflected in your monthly bank statement and except as provided in the Business Online Banking service through the use of the file transfer listing feature. You shall be solely responsible for verifying the accuracy of the information contained in an ACH file transfer request. The Bank in its sole discretion and without prior notice to you, may refuse to honor any ACH file transfer request if honoring the request would overdraw the account or violate the terms of this agreement or any local, state or federal law governing the Bank. In the event your account is overdrawn as a result of the Bank honoring an ACH file transfer request, such action shall not be deemed a waiver of the Bank's rights regarding future ACH file transfer requests, and your agree to replenish the overdrawn account on or before the Bank's next business day.
SBT offers the convenience of receiving online, email, or text alerts your accounts. The alerts are available to retail online banking customers and are activated through your online banking profile. To set up SBT Account Alerts simply log into online banking and go to the Alerts section at the top of the page. Click on the type of account you wish to set up an alert for.
SBT does not charge a fee for using SBT Account Alerts. If you choose to receive alerts via your mobile device you are responsible for any fees that may be assessed by your service provider for text messages and/or data usage.
Your ability to receive and access SBT Account Alerts may be delayed or interrupted by circumstances affecting your computer, email provider, internet provider, mobile device, or mobile device service provider and/or other factors beyond our control. SBT is not responsible for any fees resulting from the delayed, interrupted, or failure of an alert to be delivered.
1. Bill Pay Eligibility
The bank has enacted certain eligibility standards that all customers must meet before access to the Bill Pay system will be granted. The customer is not to exceed three times overdrawn, three days overdrawn, or three days non-sufficient funds in any checking account that could be used for Bill Pay within a six month period before the Bill Pay application is received. If the account does not have sufficient history then the bank will refer to Chexsystem and/or a credit report to determine eligibility. If the customer is denied the use of a debit card they are automatically ineligible for the Bill Pay service for a period of six months. If the Bill Pay application is denied, the bank, at the customer's request, will review Bill Pay eligibility six months after the date the application was received and make a determination if access to the Bill Pay services will be granted at that time.
The bank reserves the right to deny access to the Bill Pay service if the service is abused by the customer. If the service is to be deactivated the customer will receive notice by certified mail as to the deactivation date. It is the customer's responsibility to make other arrangements for payments if deactivation of Bill Pay will occur. The bank will not be held liable for any missed payments and/or fees due to deactivation of the Bill Pay services.
2. How to Set Up Payees/Payments
Complete a bill paying enrollment form. IF YOU WANT TO ADD A NEW PAYEE, USE "SET UP ACOUNTS/PAYEE" ON THE INTERNET OR SPEAK TO A SERVICE REPRESENTATIVE. You may add a new fixed payment to a Payee, only if the Payee is on your authorized list of payees, and by accessing the Service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the Service. The Bank reserves the right to refuse the designation of a Payee for any reason. Each Payee accepted by the Bank will be assigned a payee code. You may pay almost any payee you wish. There are several restrictions: 1) The merchant must be located in the United States; 2) Payments may not be remitted to tax authorities or government and collection agencies; 3) Payments may not be remitted to security companies such as Ameritrade for stock purchases or trade taxing authorities and 4) Court directed payments are unauthorized (Alimony, child support, or other legal debts). A merchant is defined as anybody (company or individual) to whom you want to send money.
The Bank is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your Authorized Payee list.
3.The Bill Paying Process
a.) Single Payments - A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment's process date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time is currently 3 p.m. CST. A single payment submitted after the cut-off on the designated process date will be processed on the following business day. If you designate a non-business date (generally weekends and certain holidays) as the payment's process date, the payment will be processed on the first business day following the designated process date.
b.) Recurring Payments - When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
1. If the recurring payment's "Pay Backward" option is selected, the process date for the new occurrence of the payment is adjusted to the first business date prior to the calculated process date.
2. If the recurring payment's "Pay Backward" option is not selected (or if the "Pay Backward" option is not available), the process date for the new occurrence of the payment is adjusted to the first business date after the calculated process date.
Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.
For Single and Recurring Electronic Payments, YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS, PRIOR TO THE DUE DATE, for each bill payment to reach the Payee. For Single and Recurring Check Payments, YOU MUST ALLOW AT LEAST TEN (10) BUSINESS DAYS, PRIOR TO THE DUE DATE, for each bill payment to reach the Payee. Any bill payment can be changed or canceled, provided you access the Bill Pay Service prior to the cut-off time (3 p.m.) on the business day prior to the business day the bill payment is going to be initiated.
You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations you have to the Bank. The Bank reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and the Bank has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand. You further agree the Bank, at its option, may charge any of your accounts with the Bank to cover such payment obligations.
You will receive notice if the cut-off time changes.
c.) Bill Pay Liability - You are solely responsible for controlling the safekeeping of and access to, your Personal Identification Number (PIN). You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify the Bank and arrange to change your PIN. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. The Bank is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. The Bank is not liable for any failure to make a Bill Payment if you fail to promptly notify the Bank after you learn that you have not received credit from a Payee for a Bill Payment. The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank's agent. In any event, the Bank will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Bank has knowledge of the possibility of them. The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Bank's reasonable control.
You agree to pay our fees and charges for your use of Business Online banking, as set by us from time to time. You agree that fees and charges may be deducted from any of the Accounts maintained by us for you or any other accounts of yours. You agree to pay any additional charges for services you request from us which are not covered by this Agreement. You are also responsible for telephone, internet service and any other third party fees you incur in connection with your use of Business Online Banking and the Services. We may modify any fees or charges at any time and from time to time. We will provide you with notice of any changed fees or charges, normally in advance of the effective date of the change. Our current fees and charges are available at any of our branches or can be obtained by calling 877-279-1300 during regular banking hours.
1. Canceling an Order. You may cancel or change a pending funds transfer by selecting the "incomplete funds transfers" and accurately changing the appropriate fields from the funds transfer menu before the transaction is processed by us at 4:00 p.m. CST on the scheduled day of the transfer.
2. Our Rights. If we fail to cancel or stop any funds transfer, we have all of the rights given to us under our Deposit Account Agreement with you for failing to comply with a valid stop payment request as though the transfer request is a check.
When you schedule a funds transfer using the Business Online Banking, you authorize us to withdraw the necessary funds from your designated Account with us. We deduct the amount of your funds transfer from your designated Account on the date we process your instruction. Each instruction to us to withdraw or transfer from an Account is an order to us to pay from the Account at that time or on a later date, if any, indicated in the instruction. We may charge payments against the Account even though the charge creates an overdraft, or we may refuse to make payments if the charge creates an overdraft. If you overdraw your Account, you agree to immediately pay us the overdrawn amount, together with any applicable fees. If the Account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that Account rather than this Agreement.
Each fund transfer through Business Online Banking from your savings or money market deposit account is subject to the same transfer limitations indicated in the Deposit Account Rules Disclosure you received at account opening for your savings or money market deposit account.
You agree to be charged for any applicable Internet Banking fees as listed in Bank's fee schedule. We reserve the right to change our fee schedule from time to time and your account will be charged in accordance with the new fee schedule after giving you proper notification. All Bill Payment fees will be assessed to your designated Bank checking account.
We are not obligated to make any transfer:
1. If, through no fault of ours, your Account does not contain sufficient collected funds to make the transfer.
2. If the money in your Account is subject to legal process or other encumbrances restricting the transfer.
3. If the transfer would go over the credit limit on your overdraft credit plan, if any.
4. If a transfer system was not working properly and you knew about the breakdown when you started the transfer.
5. If circumstances beyond our control (such as fire, flood or power failure) prevent the transfer or use of Business Online Banking despite reasonable precautions that we have taken.
6. If incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse.
7. If you have not properly followed the instructions for using Business Online Banking.
8. If your operating system is not properly installed or functioning properly.
9. For errors or failures from any malfunctions of your browser, Business Online Banking provider, computer, computer virus or other problems relating to the computer equipment you use with the Business Online Banking, including, without limitation, your inability to access Business Online Banking or any part of Business Online Banking.
10. For a failure to provide access or for interruptions in access to the Business Online Banking due to Business Online Banking system failure.
Notwithstanding any other provision in this agreement, unless otherwise prohibited by law, our sole responsibility for an error by us or our third party provider in transferring funds, paying a bill, or otherwise arising from or relating to this agreement will be to correct any errors [and pay any penalties and associated late charges to the payee], but in no case will we be liable for any indirect, special, incidental or consequential damages in connection with or in any way related to Business Online Banking or our performance hereunder.
You agree to indemnify and hold us harmless from any and all claims, demands, actions, suits, damages, judgments, liabilities, costs and expenses, and attorney's fees arising out of or resulting from your use of Business Online Banking or your breach of any of your obligations under this agreement. Your obligation to indemnify us shall survive termination of this agreement.
We may modify, suspend or terminate your privilege of using Business Online Banking and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate Business Online Banking, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. You may terminate Business Online Banking upon our receipt of written notice from you. Termination shall not affect the rights and obligations of the parties for transactions made with the Business Online Banking before we have had a reasonable time to respond to your termination request.
All future funds transfers, whether recurring or individual payments, will be cancelled when the Business Online Banking is terminated on the system. If there will be a delay in providing us with a written notice of termination you must cancel all future funds transfers, whether recurring or individual payments, when you terminate Business Online Banking or we will continue to process such payments.
We may amend this Agreement at any time. Notice will be sent to you at your current address in our files. Amendments will be effective upon the date indicated in the notice.
You acknowledges that your will be fully responsible and liable for any transactions initiated under this agreement. You acknowledge that you are in the best position to monitor the use of the Business Online Banking Service, avoid errors in transmitting transactions through the use of the Business Online Banking Service, protect the confidentiality and secrecy of the passwords and govern the authority given to each authorized users. Therefore, you agree that the Bank shall have no duty or obligation to verify information submitted by you in using the Business Online Banking Service or be responsible or liable for any unauthorized use of the Business Online Banking Service or errors in transactions initiated by you.
The Bank shall have no liability for performing its obligations herein if such failure to perform is a result of circumstances beyond the Bank's control. In no event shall the Bank be held liable for any consequential, exemplary, punitive, or special damages to you for any unauthorized use or error in transmitting a transaction initiated by you in using the Business Online Banking Service.
You agree to indemnify and hold the Bank, its officers, directors, agents and employees harmless from all claims, demand, judgments, expenses, liability, causes of action and damages, arising out of your use of the Business Online Banking Service. These indemnification paragraphs shall survive termination of this agreement.
This Agreement is intended to supplement and not to replace other agreements between you and us relating to your Accounts, including, without limitation, our Deposit Account Rules, ACH Agreements and Wire Transfer Agreements. In the event of a conflict between this Agreement and any other Account rules and agreements that apply to your Accounts or the functions performed using Business Online Banking, this Agreement shall govern and prevail.
Any required notice or other communication will be addressed and delivered to you, the customer, at the address on file with the Bank, or via electronic mail. You, the customer, are responsible for notifying the bank of any change in physical, mailing, or e-mail address.
You may not assign this agreement without the express written consent of the Bank. This agreement shall be binding on the parties hereto, and their respective heirs, assigns, and successors in interest.
In accordance with Article 4A of the Uniform Commercial Code and as required by the State of Illinois, Suburban Bank & Trust provides the following notice of your rights and limitations when conducting transactions via wire transactions and /or automated clearing house (ACH). NOTICE OF THE USE OF FEDWIRE: 1. If you send or receive a wire transfer, Fedwire may be used. Regulation J is the law covering all Fedwire transactions. NOTICE REGARDING IDENTIFICATION OF BENEFICIARY: 2. If you give us a payment order which identifies the beneficiary (recipient of funds) by both name and identifying or account number, payment may be made by the beneficiary's bank on the basis of the identifying or bank account number, even if the number identifies a person different than the named beneficiary. NOTICE REGARDING IDENTIFICATION OF BANKS: 3. If you give us a payment order which identifies an intermediary or beneficiary's bank by both name and an identifying number, a receiving bank may rely on the number as the proper identification even if it identifies a different person than the named bank. NOTICE OF PROVISIONAL NATURE OF ACH PAYMENTS: 4. We may give you credit for automated clearing house (ACH) payments before we receive final settlement of the funds transfer. Any such credit is provisional until we receive final settlement of the payment. You are hereby notified and agree, if we do not receive such final settlement, that we are entitled to a refund from you of the amount credited to you in connection with that ACH entry. NOTICE REGARDING RECEIPT OF ACH ITEM: 5. ACH transactions are governed by operating rules of the National Automated Clearing House Association. In accordance with these rules, we will not provide you with next day notice of receipt of ACH credit transfers to your account. You will receive notices of receipt of ACH items in the periodic account statements.
This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to conflicts of law principle. You agree that any and all disputes arising out of this Agreement shall be resolved in the circuit courts located in DuPage County, Illinois or the federal courts located in Chicago, Illinois, as the case may be.
If any action at law or equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and expenses from the other party, which fees and expenses may be set by the court in the trial or appeal of such action or may be enforced in a separate action brought for that purpose, and which fees and expenses shall be in addition to any other relief that may be awarded.
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, successors and assigns. Any of your obligations 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 and the Application Form 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. The terms and conditions of the deposit agreements and disclosures for each of your Accounts, as well as your other agreements with Bank (such as for loans or other services), continue to apply except as specifically altered by this Agreement. You represent and warrant that this Agreement, once duly executed and delivered by both parties, will be a valid agreement enforceable against you in accordance with its terms. You agree to cooperate with Bank in all manner reasonably requested by Bank, including providing Bank with information about you and executing and delivering to Bank any documents reasonably requested by Bank to further the purposes of this Agreement.
By completing and signing the Business Online Banking Application, you agree to all terms and conditions of the Business Online Banking Agreement and any subsequent amendments to Suburban Bank and Trust Company's Business Online Banking Agreement.
We recommend that you print a copy of the agreement for your records.
I have read the agreement and ACCEPT the terms of SBT's Online Banking Agreement.