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Online Banking Services Agreement

• Disclosures • Online Banking Services Agreement

ONLINE BANKING SERVICES AGREEMENT

1. GENERAL

This Bank of Bourbonnais Online Banking Services Agreement ("Agreement") governs your access and use of Bank of Bourbonnais’ Online Banking Services ("Online Banking Services"), including online banking access, transfer, and payment services. You may use Online Banking Services to access your accounts held at Bank of Bourbonnais ("Bank") and conduct certain other banking transactions at the Bank. In addition to this Agreement, you agree to be bound by and comply with other written requirements that we may furnish to you in connection with Online Banking Services and any other services and content that may be accessed via Online Banking Services including, but not limited to, your agreements covering your accounts with the Bank ("Account Agreement(s)"), and with all applicable laws, regulations and rules ("Applicable Law"). If there is a conflict between the terms of this Agreement and any of your Account Agreements with the Bank, the terms of your Account Agreement will control, except as otherwise stated in this Agreement. Please review your Account Agreements, which contain important legal terms and conditions and disclosures about Electronic Funds Transfers and Funds Availability, as well as other important matters. All dollar amounts are stated in U.S. Dollars.

To use Online Banking Services, you must also agree to the Bank of Bourbonnais Electronic Disclosure Consent Agreement ("E-Sign Consent"), which allows the Bank to provide certain information electronically and includes software and hardware requirements necessary for you to access the electronic documents. As provided in the Electronic Consent Agreement, withdrawing your consent to receive communications electronically terminates this Agreement and your access to certain Online Banking Services.

2. AGREEMENT

When you use or access or permit any other person or entity to use or access, Online Banking Services, you agree to the terms and conditions in this Agreement.

We may amend or change this Agreement (including applicable fees and service charges) at any time and will provide you with notice of changes if required by Applicable Law. If required, we will notify you by sending you written notice by electronic mail, by regular U.S. mail, or by posting the updated terms on the Online Banking Services website. Please access and review this Agreement regularly. If this Agreement is unacceptable to you at any time, please discontinue your use of Online Banking Services. Your use of Online Banking Services after we have made any changes or amendments available constitutes your agreement to the change and to pay any applicable fees.

We may also revise, add new features to, or update Online Banking Services at any time. We reserve the right to terminate your use of prior versions of Online Banking Services and to limit access to more recent revisions and updates. We also reserve the right to suspend your use of Online Banking Services after twelve months of inactivity. If any expanded services are made available to you via Online Banking Services, you agree that any additional or modified services are also subject to this Agreement, as it may be amended.

Online Banking Services provide online access to a variety of content, products and Online Banking services through a designated website and designated mobile devices. We grant you a nonexclusive, limited, and revocable right to access and use Online Banking Services for personal purposes only. You agree not to use Online Banking Services for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of Online Banking Services without our prior written consent. You agree to use Online Banking Services solely as provided in this Agreement. When any Transfer (defined below), Payment (defined below), or any other transaction generates Items to be charged to your account, you agree that we may debit any of your accounts without requiring the signature of an authorized signer for the account.

Additionally, if you transmit Instructions (defined below) to us using Online Banking Services, you authorize us to accept, at our discretion, your electronic request as though it was made in writing and signed by you.

3. DEFINITIONS

"Account" and "Accounts" refer to your accounts at the Bank that you designated, and we approved, for use for certain Online Banking Services. Accounts may include deposit accounts or credit accounts. Your accounts at the Bank or another financial institution that may or may not have been designated and approved for use through Online Banking Services are referred to as "account(s)."

"Business Days" are Monday through Friday, excluding Bank holidays.

"Contact" refers to the person to whom a Zelle® Payment is directed.

"Cutoff Time" means 6:00 pm (Central Standard Time) for external transfers. For internal transfers, the Cutoff Time means 10:00 pm (Central Standard Time). Instructions to place a stop payment on a check must be initiated prior to 8:00 pm (Central Standard Time) on the Business Day you wish to have the payment of that check stopped. Instructions to place a stop payment on a check initiated after 8:00 pm (Central Standard Time) will typically be processed on the next Business Day.

"External Account" and "External Accounts" refer to your accounts at another U.S. financial institution that you designate and we approve for a transfer service through Online Banking Services.

"Good Standing" means you continue to make deposits consistent with your past practices, you are not in default on any loan obligation to us, you bring your account to a positive balance (not overdrawn) immediately or as soon as possible and your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien.

"Item" means any transaction posted to your Account, including Checks, in-person withdrawals or transfers, ATM transactions, credit or debit card transactions, preauthorized electronic funds transactions, ACH entries, or any other credits or debits to your Account.

"Instructions" means information, including a request or order, you provide to us for Payments, Transfers, to stop payment on a check, or perform another type of transaction. You submit Instructions to us when you use Online Banking Services to (i) transmit a request or order to us to Transfer funds, make a Payment, stop payment on a check, or perform another type of transaction; and (ii) schedule a Transfer, Payment, or another type of transaction.

"Payee" refers to the person, business or other entity to which a Bill Pay is directed.

"Payment" refers to withdrawing funds from your account and transferring those funds to a Payee through Bill Pay or to a Contact through Zelle®. Zelle® services are offered through online banking services or our mobile application.

"Online Banking" or " Online Banking Services" refers to certain services, specified from time to time, that are accessed via the Site and permitted mobile devices.

"New Deposit Account" means a deposit account that has not been open for longer than 60 calendar days.

"Scheduled Payment Date" means the day on which you have instructed the Bank to begin to initiate a Bill Payment. This date is neither the date that your payment is due to a Payee nor the date a Payee will necessarily receive the funds.

"Scheduled Transfer Date" means the day on which you have instructed the Bank (via an Instruction) to begin to initiate a Transfer. This may not necessarily be the same date that the funds are actually transferred into another of your accounts.

"Site" refers to the Internet website designated by the Bank as the website through which you access Online Banking Services.

"Transfer" refers to the internal transfer of funds from one of your accounts held at the Bank to another of your accounts held at the Bank or the external transfer of funds from one of your accounts held at the Bank to one of your External Accounts.

The terms "we," "us" and "Bank" refer to Bank of Bourbonnais or any affiliate, agent, independent contractor, or designee that we may use to provide Online Banking Services.

The terms "you" and "your" refer to the user of Online Banking Services, whether singular or plural, who: (1) is an individual or entity that is the owner of an account or a party-in-interest of an account at the Bank or (2) is an individual authorized by an account owner or a party-in-interest to view account information or effect transactions in an account.

4. ELIGIBILITY

To use Online Banking Services, you must have at least one eligible Bank account. We reserve the right, in our sole discretion, to determine your eligibility to use any Online Banking Services. Only those accounts designated by you and approved by us, in our sole discretion, may be accessed through Online Banking Services. We reserve the right to restrict use of Online Banking Services for one or more types of accounts or transactions, and to impose other limits or restrictions on use of Online Banking Services. You can only designate accounts for access through Online Banking Services for which you are an owner or authorized signer. You cannot use Online Banking Services to make transactions from accounts where more than one signature is required for withdrawal.

5. FEES AND CHARGES

There is currently no additional fee or charge for use of Online Banking Services. However, when you use Online Banking Services to obtain certain products and services, such as to request the stop payment of a check, you are subject to all fees and charges that apply to those products and services and to your accounts, as stated in your Account Agreement or other documentation, including the Consumer Service Charge Schedule for Consumer Accounts, made available to you by the Bank. This includes reasonable attorney’s fees and legal expenses, subject to limitations imposed by federal and state laws and regulations.

6. HARDWARE AND SOFTWARE REQUIREMENTS

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for you to access and use Online Banking Services. This responsibility includes, without limitation, your utilizing up-to-date web browsers and access devices and the best commercially available encryption, antivirus, anti-spyware, and Internet security software. Additionally, you are responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for the data security of the Systems used to access Online Banking Services, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested Online Banking Services for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems, nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for, your Systems. Although we may provide a link to a third party website where you may download software, we make no endorsement of any specific software, hardware, or Internet Service Provider, and your use of any such software, hardware, or service may be subject to a license.

You will also need Adobe® Reader® software to read your Online Documents depending on the Internet Browser you use. Adobe Acrobat Reader is required for Online Statements and can be downloaded free of charge at https://get.adobe.com/reader/. To retain a printed copy of your Online Documents, you will need a printer connected to your computer that is capable of printing from your Internet web browser.

7. PASSWORD AND SECURITY

A password ("Password") and a user ID ("User ID") are needed to use Online Banking Services as well as other information (referred to as "Security Information") that we may specify from time to time. Your access to Online Banking Services will be denied if you do not enter the correct User ID, Password, or applicable Security Information.

To prevent unauthorized access to your accounts and to prevent unauthorized use of Online Banking Services, you agree to: (a) protect and keep confidential your User ID, Password, Security Information, and any other information or items needed to access Online Banking Services and not share any such information or items with any third party; and (b) immediately notify us if you have reason to believe your Password, User ID, Security Information, or any other information or items that may allow access to Online Banking Services has been lost, stolen, or otherwise compromised, or if you have reason to suspect that unauthorized access to your accounts has occurred or will occur through Online Banking Services.

To the extent permitted by law, you assume all liability for use of your User ID, Password, and Security Information.

8. TEXT MESSAGES AND ALERTS

You may request and receive text (SMS) messages about your accounts through a mobile device ("Text Messages") in connection with Online Banking Services. Text Messages are only available for U.S.-based mobile telephone numbers. By entering a telephone number for your mobile device when enrolling in online services through Online Banking Services, including in the Manage Alerts functionality within the Online Banking Services website, authentication for login and other services, and other text messaging services, you are requesting text messaging services ("Text Messaging Services") and agree to the following terms of use: Mobile Device Numbers. You must enroll each mobile device separately in our Text Messaging Services to receive Text Messages on that mobile device. Permitted mobile devices ("Mobile Devices") include smartphones, cell phones, or tablet computers that meet the requirements established by the Bank. Text Messages will be sent to the number for the Mobile Device that you provided to the Bank when you enrolled in the Text Messaging Services. You are responsible for informing the Bank of any changes to your Mobile Device number, which can be done in writing or by updating the number of your Mobile Device directly through Online Banking Services.

Wireless Carrier Charges. Your wireless carrier's standard messaging rates apply to all Text Messages, including your initial message, our confirmation, and all subsequent Text Messages correspondence. The Bank does not charge for any content; however, you may incur additional charges from your wireless carrier for downloadable content. Please contact your wireless carrier for information about your text messaging plan and fees. Those charges are billed by, and payable to, your wireless carrier. Your carrier may also impose message or charge limitations on your account.

Authorized Use. You represent that you are the owner or authorized user of the Mobile Device you use to enroll in the Text Messaging Services and to receive the Text Messages and that you are authorized to approve the applicable charges.

Text Messaging Security. Text Messages are not encrypted and are not a secure form of electronic communication. Text Messages may include specific information pertaining to your account, such as your account balance and transaction information. Your complete account number is not included in Text Messages to help protect your security. Please do not transmit account numbers or other sensitive information in Text Messages to us.

Text Messaging Delivery and Limitations. Your receipt of any Text Message may be delayed or prevented by factors outside of our control such as communication issues with your wireless telephone carrier or Internet service provider. We do not guarantee the delivery or the accuracy of the contents of any Text Message. The information in a Text Message may no longer be accurate when you receive it if there is other activity on your account or a delay in sending or receiving the Text Message. We are not liable for any losses or damages arising from (a) failed, delayed, or wrong delivery of any Text Message; (b) inaccurate content in a Text Message; or (c) your use or reliance on the contents of any Text Message. Text Messaging Services are provided on an "AS IS, AS AVAILABLE" basis.

Text Messaging Data. Data obtained from you in connection with the Text Messaging Services may include your mobile telephone number, your carrier's name, and the date, time and content of your Text Messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data from your Text Messages usage, and their practices are governed by their own policies. We will only use the information you provide to transmit your Text Message or as otherwise described in this Agreement. We reserve the right at any time to disclose any information necessary to satisfy any law, regulation, or governmental request, to avoid liability, to protect our rights or property, or as permitted by law. When you complete forms online or otherwise provide information to us in connection with the Text Messaging Services, you agree to provide accurate and complete information.

Proprietary Service. Text Messaging Services and the content and materials received through the Text Messaging Services are proprietary to us and our licensors, and are for your personal, non-commercial use only. You will not damage, impair, interfere with or disrupt the Text Messaging Services or its functionality.

Changes and Termination. We reserve the right to revise charges and the terms and conditions of the Text Messaging Services from time to time. We may suspend or terminate Text Messaging Services to you if we believe you are in breach of our terms and conditions or at any time upon notice to you. Your use of the Text Messaging Services is also subject to termination if your wireless service terminates or lapses. We may discontinue your use of Text Messaging Services at any time. You can unsubscribe from the Text Messaging Services at any time by logging into Online Banking Services and going to Manage Alerts or by replying STOP to the text message. If you opt out of Text Messaging Services, alerts will be sent to your designated email address instead.

9. AVAILABLE SERVICES

You must meet certain eligibility requirements to use each of the Online Banking Services. The following is a list of Online Banking Services that are currently available:

Account Access Services

  • View "real-time" account balances and account information for your accounts;
  • Review transaction history on your accounts;
  • View electronic statements, notices and tax documents;
  • Access account balance and account information for your loan, line of credit, and mortgage accounts;
  • Initiate a request to stop payment of a check;
  • Order checks for your applicable deposit accounts;
  • Elect to receive online statements, notices and tax documents;
  • View check images;
  • Change your contact information;
  • Enroll and manage account alerts;
  • Transfer Services;
  • Transfer funds between your Accounts;
  • Transfer funds to or from your Account(s) and External Account(s);
  • Schedule future or recurring Transfers; and
  • Modify or cancel Transfers.
  • Bill Pay Services
  • Initiate Payments to a Payee in the United States using funds from your deposit accounts;
  • Establish a new payee;
  • Schedule future or recurring Payments; and
  • Modify or cancel Payments.

Zelle® Services are available via online banking and mobile applications

  • Initiate Payments to Contacts using funds in your deposit account

9.1 ACCOUNT ACCESS SERVICES

Account information provided to you as part of the Online Banking Services is not the official record of your account or its activity. Your account statements are furnished to you in paper format, or electronically if you are enrolled in our online statement service, remain the official record of your accounts.

Unless otherwise indicated, the balance information displayed through Online Banking Services is the current available funds balance for your account. Transaction history that you obtain through Online Banking Services is current as of the close of business on the preceding Business Day although some Items may be reflected in your transaction history on a "real-time" basis.

Except as otherwise provided in this Agreement, the provisions of your applicable Account Agreement apply to your use of the Online Banking Services to stop payment of a check.

Instructions to place a stop payment on a check must be initiated prior to 8:00 pm (Central Standard Time) on the Business Day you wish to have the payment of that check stopped. Instructions to place a stop payment on a check initiated after 8:00 pm (Central Standard Time) will typically be processed on the next Business Day. If you need assistance with canceling or stopping any payment prior to midnight on the business day before the Scheduled Payment Date, you may call Online Banking Support at 1-866-268-5101 during the hours stated in the Customer Service section of this agreement.

While we anticipate that most stop payments of checks will be processed in accordance with the time frames stated above, some stop payment requests may take longer to process due to circumstances beyond our control and in accordance with the provisions of this Agreement. We are not liable for the failure to stop payment of a check except as expressly provided in this Agreement or as otherwise required by law. You may use personal financial management software ("PFMS"), such as Microsoft® Money, Quicken® or Quickbooks® to access account information, such as balance and transaction history through Online Banking Services. You agree not to use PFMS to perform transactions in connection with Online Banking Services. PFMS may only be used to download information from your accounts through Online Banking Services. Without limiting any other provisions in this Agreement, you agree that we have no liability or obligation related to your use of any PFMS and your use of PFMS is solely at your own risk. We make no representations regarding any PFMS. We do not grant any rights, licenses or permissions to use any PFMS. All rights, licenses or permissions to use PFMS must be obtained from the respective third party. Use of PFMS to perform transactions and connect directly to your accounts is governed by a separate agreement.

9.2 TRANSFER SERVICES

Transfers may not be made to a business account from a personal account or to a personal account from a business account. The Bank may grant an exception to this rule for sole proprietorships, but prior approval from us must be obtained. To obtain this approval, please call Customer Service at 815-933-0570. Both of the accounts that funds are transferred from, and accounts that funds are transferred to, must be eligible accounts.

Internal Transfers - You can use the Transfer Services to transmit instructions to the Bank to transfer funds between your Bank of Bourbonnais accounts that have common owners.

Internal transfers may be "immediate" (requested to occur on the same day Transfer Instructions are initiated) or "scheduled" (to occur on a future date) on a one-time or recurring basis. By initiating an immediate Transfer or by scheduling a Transfer, you are instructing us to withdraw funds from your account on a requested date and to transfer those funds to another one of your accounts. Recurring Transfers are those made for the same dollar amount on the same date each month. Recurring Transfers cannot be scheduled more than 365 days in advance, unless the first scheduled Transfer is due within 365 days from the date it was originally scheduled. Internal transfers can be made from a demand deposit, money market or savings account. By providing the Bank with information pertaining to Transfers, you authorize us to follow the Instructions that we receive from you and to rely on the accuracy of all information that you provide us. It is your responsibility to update the information related to Transfers if there are any changes. All Transfers are subject to the terms and conditions of any applicable Account Agreement, including any applicable deposit account agreement and the error resolution provisions within those agreements. Immediate Transfers are typically processed on the same Business Day the Transfer Instructions are initiated, provided Instructions are sent prior to the Cutoff Time. Scheduled Transfers that are scheduled at least one day in advance of the Scheduled Transfer Date are typically processed on the same Business Day as the Scheduled Transfer Date. However, you understand that due to circumstances beyond our control and in accordance with the provisions of this Agreement, there may be a delay in the completion of the transaction. Transfers may be processed after the dates provided in this paragraph. We are not liable for any late Transfers except as expressly provided in this Agreement.

External Transfers - You can use the Transfer Services to transmit Instructions to the Bank to transfer funds from your accounts to External Accounts at U.S. banks. An external transfer is a "scheduled" (to occur on a future date) on a one-time or recurring basis. By scheduling a Transfer, you are instructing us to withdraw funds from your account on a requested date and to transfer those funds to another one of your accounts at another bank. Recurring Transfers are those made for the same dollar amount on the same date each month. Recurring Transfers cannot be scheduled more than 365 days in advance, unless the first scheduled Transfer is due within 365 days from the date it was originally scheduled. External transfers can be made from a demand deposit or Now account. By providing the Bank with information pertaining to external transfers, you authorize us to follow the Instructions that we receive from you and to rely on the accuracy of all information that you provide us. It is your responsibility to update the information related to Transfers if there are any changes. All Transfers are subject to the terms and conditions of any applicable Account Agreement, including any applicable deposit account agreement and the error resolution provisions within those agreements. You are limited to designating a maximum of 3 External Accounts within Online Banking. You are limited to a maximum of $10,000.00 per transfer with a maximum of $50,000.00 per month. You are limited to a maximum of 20 transactions per day with a maximum of 20 transactions per month. All instructions are processed at 6:00pm Central Standard Time in order to meet the ACH (“Automated Clearing House”) cutoff time of 8:00pm Central Standard Time. Transfers to an External Account are generally completed within 2-5 Business Days but may take longer in some circumstances. Transfers to External Accounts may also be subject to any terms and conditions of the financial institution at which the External Accounts are held.

9.3 BILL PAY SERVICES

You can use the Bill Pay Services to initiate a payment to a Payee in the United States using funds from your deposit account. You may not use the Bill Pay Services to initiate tax-related payments, court-related payments, payments to Payees outside of the United States, or fines, gambling debts, or any other payments prohibited by law.

Bill Pay Payments can be scheduled on a one-time or recurring basis. By scheduling a Bill Pay Payment, you are instructing us to withdraw funds from your account on the Scheduled Payment Date to make a Bill Pay Payment in accordance with your Instructions. Recurring Payments are Bill Pay Payments made for the same dollar amount on the same date each month. Recurring Payments cannot be scheduled more than 365 days in advance, unless the first scheduled Payment is due within 365 days from the date it was originally scheduled. Bill Pay Payments can only be made from a demand deposit account. If you use more than one account to make Bill Pay Payments, you must designate the account from which the Payment is to be made each time you schedule a Bill Pay Payment.

It remains at our sole discretion to determine the appropriate method for processing Bill Pay Payments to Payees; we may choose to make Bill Pay Payments electronically or by check.

You must select a Scheduled Payment Date and transmit your Bill Pay Payment Instructions to us at least five Business Days in advance of your Payment due date to help ensure the Bill Pay Payment is received by the Payee in a timely manner. While it is anticipated that most transactions will be processed and completed on the next Business Day after the Bill Pay Payment is scheduled to be made, you understand that due to circumstances beyond our control, including, but not limited to, delays in handling and posting payments by slow responding Payees or financial institutions, some transactions may take a day or even a few days longer to be credited. All Bill Payments scheduled to be made on a Saturday, Sunday or Federal Holiday will be made on the next business day. If a reoccurring Bill Payment is scheduled to be paid on a date that is does not occur in a given month, eg. the 29th, 30th or 31st, it will be paid on the next business day.

Zelle® services are available through online banking and mobile applications. Please refer to the Bank of Bourbonnais Mobile Banking End User Terms Agreement for the terms and conditions applicable to your use of Zelle® services.

10. PAYMENTS TO PAYEES AND CONTACTS

By providing the Bank with the names, account, and contact information of people or businesses to which you wish to make Payments (Payees and Contacts), you authorize us to follow the instructions that we receive from you and to rely on the accuracy of all information that you provide us. It is your responsibility to update the Payee, Contact, and other contact and account information, if there are any changes.

11. ACH TRANSFERS AND PAYMENTS

All ACH transfers will be made pursuant to Applicable Law, the terms of this Agreement and the rules of the National Automated Clearing House Association ("NACHA") and the applicable automated clearing house (collectively, the "Rules"). You agree to be bound by these Rules, as ,they may be modified. In accordance with the Rules, any credit to an account is provisional until the credit has been finally settled by the Bank or other institution. If we do not receive final settlement for a Payment for any reason, we will charge back the amount of the Payment to the Account or any other of your accounts.

12. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We may disclose information to third parties about your Accounts, Payments, and Transfers you make:

  • As necessary to complete transactions;
  • In connection with the investigation of any claim you initiate;
  • To comply with government agency, legal or court orders;
  • In accordance with your written permission; or
  • As otherwise permitted by the terms of our Privacy Notice.

Our Privacy Notice, which includes our information sharing practices, was provided to you when you opened your Account. You authorize us to obtain additional information from a Payee, Contact, financial institution, or other third party to resolve Payment or Transfer problems or to complete a Payment or Transfer.

13. TRANSFER LIMITS

13.1 Internal Transfers. You can conduct internal funds transfers among your eligible accounts at Bank of Bourbonnais through the online banking service, with certain limitations. For instance, retirements accounts (e.g., IRA’s, CD’s etc.) and certain accounts held in fiduciary capacity may not be eligible accounts for internal transfers.

13.2 External Transfers. The maximum dollar amount of any External Transfer to an account at another Bank is $10,000.00. Transfers are limited to $10,000.00 per day, and a maximum of $50,000.00 per month per Online Banking Services user regardless of the number of accounts from which the transfers are made. Transfers to and from External Accounts are limited to 20 transfers per day up to 20 transfers per month.

14. PAYMENT LIMITS

14.1 Bill Pay Payments

The maximum Bill Pay Payment is $5,000.00 per payment up to a total of $9,999.99 per day per Online Banking Services user.

14.2 Zelle® Payments

There are daily limits to the dollar amounts of transactions that may be made using Zelle®. Please refer to the Bank of Bourbonnais Zelle® Network Standard Terms for more information regarding these limits.

14.3 ALL ACCOUNTS

For security reasons, we may delay, suspend, or impose additional limits on the dollar amount of Payments or Transfers from your account in our sole discretion, without prior notice to you.

14.4 Limitations, on the Frequency of Transactions on Money Market and Savings Accounts any Transfer or Payment made from any of your money market and savings accounts by using Online Banking Services is a restricted transfer subject to certain limitations. Please refer to your Account Agreement for more information.

15. STOPPING, MODIFYING OR CANCELING PAYMENTS AND TRANSFERS

15.1 When Using the Transfer Service

You may modify or cancel future-dated scheduled or recurring Transfers prior to the Cutoff Time on the Business Day before the Scheduled Transfer Date through use of Online Banking Services or by contacting Online Banking Support at 866-268-5101. Immediate Transfers cannot be canceled after you send the Transfer Instructions to the Bank via Online Banking Services.

15.2 When Using the Bill Pay Service

You may modify or cancel any future-dated scheduled or recurring Bill Pay Payments prior to the Cutoff Time on the Business Day before the Scheduled Payment Date through use of Online Banking Support or by contacting Online Banking Support at 866-268-5101.

15.3 When Using the Zelle® services

In general, you may not cancel a Zelle® Payment once it has been sent. Please refer to the Bank of Bourbonnais Zelle® Network Standard Terms for more information regarding these limits.

16. PROCESSING TIMES

There is a time lag between the time you initiate a transaction through Online Banking Services and the time the Bank executes the transaction. The length of the time lag varies and depends on a number of factors, including the type of transaction, volume of requests, and the time they are received. The Cutoff Times and other specific times referred to in this Agreement reflect the times displayed on our internal system clocks and may not necessarily be synchronized with the internal clock displayed on your computer. For this reason, we suggest that you transmit any Instructions to us sufficiently in advance of the applicable Cutoff Time or other specified times to eliminate the possibility of missing the Cutoff Time. Instructions received after the Cutoff Time or on non-Business Days will be considered received on the next Business Day.

17.TRANSFER AND PAYMENT PROCESSING

Transfers or Payments may not be made if there are not sufficient available funds in your deposit account on the date the Bank begins to process the transaction. Partial Transfers or Payments will not be made. If the entire dollar amount of your Transfer or Payment request is not available on the date the Bank begins to process the transaction, no portion of the Transfer or Payment may be completed. You agree to have sufficient funds in your account to cover each Payment you schedule from the time the Payment will be debited from your account until it is completed or cancelled. The amount of each Transfer or Payment will be debited from your account at the time the Transfer or Payment is initiated, except for Zelle® service payments where the recipient is not yet enrolled in Zelle. Please refer to the Bank of Bourbonnais Zelle® Network Standard Terms for more information regarding these limits. The amount of funds available will be determined in accordance with the Funds Availability Policy within the Account Agreement governing the Account. See Transfer Services section for information on availability of funds resulting from ACH debits.

18. INCOMPLETE TRANSFERS OR PAYMENTS

We reserve the right to delay or refuse to complete a Transfer or Payment for any reason, including where there are not sufficient available funds or available credit in your account to cover the transaction or we, in good faith, believe the Transfer or Payment may be fraudulent, erroneous, illegal, in violation of this Agreement, or suspicious.

19. RETURNED ITEMS AND OVERDRAFTS

We have no obligation to pay any item unless you have sufficient funds available in your Account to pay the Item when it is presented. If there are insufficient funds in your Account to pay the item (excluding card transactions), we may, at our discretion, pay the Item, resulting in an overdraft in your account, or return the item for non-sufficient funds. In either situation, we can charge you a fee as stated in the Common Features Service Charge Schedule.

If an Item is presented for payment and returned due to non-sufficient funds (NSF), be aware that such an item or payment may be presented multiple times by the merchant or other payee until it is paid, and that we do not monitor or control the number of times a transaction is presented for payment. You agree that we may charge you an NSF fee each time a payment is presented if the amount of money in your account is not sufficient to cover the payment, regardless of the number of times the payment is presented. If returned items are re-presented for payment against your account and your account is overdrawn at the time of re-presentment, you will be charged an additional Overdraft Fee for paying the items.

We encourage you to keep your Account in Good Standing. Detailed record keeping of your transactions will help you avoid initiating ATM or point of sale (POS) transactions, writing checks, or authorizing other debits to your Account without sufficient funds. If your Account is not maintained in Good Standing, we may close your Account.

20. YOUR LIABILITY

In general, when you transmit Instructions to us to make a Payment or Transfer through Online Banking Services with your User ID and Password and applicable Security Information, you authorize us to credit or charge your account for the amount described in the Instructions.

If you have reason to believe that your User ID, Password, Security Information, or any other items or information that may allow access to Online Banking Services have been lost, stolen, or otherwise compromised, or if you have reason to suspect that unauthorized access to your account has occurred or will occur through Online Banking Services, you must call us immediately at 866-268-5101 or during normal business hours at 815-933-0570.

20.1 Unauthorized Transactions – Consumer Liability

Generally. Tell us at once if you believe your Access device has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your Access device, you can lose no more than $50 if someone used your Access device without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your Access device, and we can prove we could have stopped someone from using your Access device without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by an Access device or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days 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 a hospital stay) kept you from telling us, we will extend the time periods.

• Additional Limits on Liability for Visa® Debit Card. Unless you have been negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa® Debit Card. In the event these additional limits do not apply (e.g., if you have been negligent or engaged in fraud) the liability limits of Regulation E (described above) apply. This additional limit on liability does not apply to ATM transactions outside of the U.S., to ATM transactions not sent over Visa or Plus networks, or to transactions using your Personal Identification Number which are not processed by VISA®. Visa is a registered trademark of Visa International Service Association.

Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this disclosure. You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission.

Please refer to the Bank of Bourbonnais Zelle® Network Standard Terms for more information regarding your liability when using Zelle® Services.

20.2 ERRORS OR QUESTIONS — For Consumer Deposit Accounts Only

In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer 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 appeared.

(1) Tell us your name and account number (if any).

(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 (5 business days for Visa® Debit Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) 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 if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question.

If we decide to do this, we will credit your account within 10 business days (5 business days for Visa® Debit Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) 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 within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

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.

BANK OF BOURBONNAIS
CUSTOMER SERVICE
ONE HERITAGE PLAZA
BOURBONNAIS, ILLINOIS 60914
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: (815) 933-0570
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST

21. INDEMNITY

You acknowledge and agree that you are personally responsible for your conduct while using the Online Banking Services and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third party claim or otherwise, regarding: (i) your use of Online Banking Services; (ii) the use of Online Banking Services by anyone using your User ID, Password, or Security Information as permitted by Applicable Law; (iii) your violation of this Agreement or any Applicable Law or regulation; or (iv) your violation of or infringement on rights of any third party (including, but not limited to, privacy rights). Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from a telephone number, email address, or other delivery location that you provide that is not your own or your violation of applicable federal, U.S. state or local law, regulation or ordinance. Your obligations under this paragraph will survive termination of this Agreement.

22. RISK OF LOSS

In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction that you transmitted, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than through Online Banking Services to ensure the accuracy and completeness of the transaction. You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any affected transactions.

23. OUR LIABILITY

23.1 OUR LIABILITY FOR MAKING PAYMENTS OR TRANSFERS

We have no obligation to make Payments or Transfers, and incur no liability or obligation for late charges or penalties, except as provided in this Agreement or required by Applicable Law, if we are unable to complete any Payments or Transfers that you initiate using Online Banking Services due to circumstances, including, but not limited to:

  • Your account is closed, does not contain sufficient available funds to complete the Payment or Transfer, is subject to legal process or otherwise encumbered;
  • Online Banking Services are not working properly, are unavailable, or have been interrupted;
  • Your equipment, software, or communications connection is not working properly;
  • The Payee mishandles or delays a Payment sent by us, a Contact does not accept a Payment, delays in claiming a Payment, or mishandles a Payment, or provides incorrect information, or the Payment is delayed or mishandled by the United States mail;
  • You do not provide us with the correct names, telephone number, account information or any other information necessary to effect a Payment or Transfer, or you otherwise fail to comply with applicable requirements;
  • Circumstances beyond our control (such as, but not limited to, fire, flood, or interferences from an outside force, strikes, lockouts, acts of governmental authorities, couriers or supplies delays, communications equipment failures, service interruptions on the Internet or through your Internet service provider, or equipment malfunctions that occur despite ordinary maintenance) that prevent the proper execution of the transaction;
  • This Agreement has been terminated;
  • Applicable Law prevents the completion of the Payment or Transfer;
  • We believe in good faith that the Payment or Transfer may be unauthorized, in error, fraudulent, illegal, in violation of this Agreement, in contravention of economic sanctions programs, or otherwise suspicious; or unusual or extraordinary circumstances that indicate improper or unlawful use of your account.

The above list contains examples of circumstances when we would not be liable for failing to make a Transfer or Payment and is not intended to be a complete list.

Provided none of the circumstances stated above are applicable, if we cause an incorrect amount of funds to be removed from your account or cause funds from your account to be directed to the incorrect Payee or Contact, and this action was solely due to a bona fide error on our part, we shall be responsible for returning the improperly transferred funds to your account and for directing any previously misdirected Payments to the correct Payee or Contact. We will not be liable for any Payment, including any late charges or penalties, if you do not comply with the terms and conditions of this Agreement, your Account Agreements, and other instructions provided to you, or if you enter into any agreement where the purpose is to generate late payment fees. The Bank is not responsible for any failure of another financial institution to act in a timely manner. The Bank cannot guarantee the timely delivery or return of funds due the failure of another institution to act in a timely manner.

Notwithstanding anything in this Agreement to the contrary, we make no guarantee or representation that Online Banking Services will be uninterrupted or error-free. Our sole obligation to you, arising out of non-availability, interruption, or delay in providing the Online Banking Services, is to use commercially reasonable efforts to resume Online Banking Services.

The provisions in this "Our Liability for Making Payments or Transfers" section survive termination of this Agreement.

23.2 ENTIRE LIABILITY

The provisions contained in the preceding paragraphs under the heading "our liability" constitute our entire liability to you and your exclusive remedy to the extent allowed by Applicable Law. In no event will we, or any of our agents or subcontractors, be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits (even if we are advised of the possibility) related to Online Banking services or any systems, software or equipment, including, but not limited to, any related installation, maintenance, configuration or compatibility issues; mechanical or electronic equipment, including, but not limited to, the internet and communication lines; access to and use of Online Banking services; your systems; and failure or unavailability of internet access, problems with internet service providers, problems or delays with communications networks. The bank is not liable for any damages or loss that may be caused to any system, equipment, or software due to any malicious code, viruses, defects or malfunctions, including, but not limited to, any loss of information. You agree that your use of the services is at your sole risk.

The provisions in the "Entire Liability" section shall survive termination of this Agreement.

24. EXCLUSION OF WARRANTIES

Online Banking services are provided on an "as is," "where is" and "where available" basis, and are subject to change at any time without notice to you. To the fullest extent permitted by law, we disclaim all representations, warranties and conditions of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights as to Online Banking services, related documentation, and all information included in or accessible from the site. You acknowledge that we make no warranty that Online Banking services will be uninterrupted, timely, secure or error-free.

The provisions of this "Exclusion of Warranties" section survive termination of this Agreement.

25. NOTICES AND EMAIL

You agree that you will not send any confidential information to us via email, instead you may utilize the secure messaging feature within Online Banking. When selecting Online Delivery of statements, notices, tax documents or other communications electronically within Online Banking, you do so in accordance with the Electronic Disclosure Consent Agreement.

26. ADDRESS CHANGES

You agree to notify us promptly, in writing, of any change of address at:

Bank of Bourbonnais
One Heritage Plaza
Bourbonnais, IL 60914

27. AGREEMENT TERMINATION

This Agreement shall remain in effect until you or the Bank terminates it. We may terminate or suspend this Agreement for any reason at any time without prior notice. You agree that we may, at our sole discretion, limit, suspend, discontinue, or change the Online Banking Services, in whole or in part, at any time. You will be notified of any changes if we are legally required to do so. The termination of this Agreement will not terminate your account relationship or other agreements you have with us, unless those agreements are terminated separately. You may terminate this Agreement at any time by following the procedure described below.

By terminating this Agreement, your ability to use Online Banking Services will be discontinued. If you wish to terminate this Agreement, you must send us a signed written request by United States mail to:

Bank of Bourbonnais
One Heritage Plaza
Bourbonnais, IL 60914

We will act on your request to terminate this Agreement and discontinue your access to Online Banking Services within a reasonable time after receiving your request. If you terminate this Agreement, it is your sole obligation to cancel all outstanding scheduled Payments and Transfers. If you do not cancel your outstanding Payments and Transfers, we may continue to make these Payments and Transfers until we process your termination request and discontinuation request. If you close an account, it will automatically cancel your Bill Payment, Zelle®, and Transfer Services from that account, including any future dated Payments or Transfers. It is your responsibility to make other arrangements for paying your bills and making transfers.

Once we have terminated this Agreement pursuant to your request, we will make no further Transfers or Payments from your accounts through Online Banking Services, including any Transfers or Payments you previously scheduled or authorized except if a Payment is already in process. Payments that are already in process may still be claimed or sent.

The liability and obligations incurred prior to any termination, suspension or discontinuation date survive the termination of this Agreement for all purposes.

28. WAIVER

We may enforce any of our rights under the Agreement even if we choose not to exercise any right in a particular circumstance.

29. SEVERABILITY

If any provision of this Agreement conflicts with the law under which this Agreement is to be construed, or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with Applicable Law. The remaining provisions of this Agreement and the application of the challenged provision to people, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected by this, and each of those provisions will be valid and enforceable to the full extent permitted by law.

30. SURVIVAL

All representations regarding liability and warranties, including, but not limited to, the "Your Liability," and "Our Liability" and other sections as specifically stated in this Agreement, shall survive termination of the Agreement.

31. ASSIGNMENT

You may not assign this Agreement to any other party. We may assign or delegate certain parts of our rights and responsibilities under this Agreement to affiliated entities, independent contractors, or other third parties. If more than one person is authorized to use Online Banking Services, he or she is bound jointly and severally under this Agreement, and the Bank may act on the Instructions of any authorized user.

32. CHOICE OF LAW

This Agreement and its enforcement shall be governed by laws and regulations of the United States and the laws of the State of Illinois, without regard to any choice of law provision. Your accounts with us are also governed by the terms and conditions contained in your Account Agreement and any other applicable agreements with the Bank.

Bank of Bourbonnais

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