Terms & Conditions

Your Deposit Account

The following rules govern your Account(s) with us. Please read these terms & conditions carefully; if you sign your signature card or continue to maintain your Account you agree to these rules, you agree to pay the fees we charge and you give us the right to collect the fees, as earned, directly from the Account balance. If there is a conflict between the provisions of this Agreement and something said by one of our representatives this Agreement will be controlling. You will receive a separate schedule of interest rates, qualifying balances, and fees if they are not included elsewhere in these terms & conditions. If you have any questions, please call us at 847-733-7400..

Much of our relationship with our depositors is governed by state and Federal law (which may change from time to time). This body of law is too large and complex to be reproduced here.

The purpose of this brochure is to:

  • Summarize the existing rules applicable to the more common transactions;
  • Establish rules to govern transactions or events which the law does not regulate;
  • Establish rules for certain events or transactions which the law already regulates but permits variation by agreement;
  • And give you our funds availability, electronic funds availability, electronic funds transfer and/or truth-in-savings policy disclosures.

We may permit some variations from this standard agreement, but any such variations must be agreed to in writing either on our signature card for the Account or in some other written form.

As used in this brochure, the words ‘we’, ‘our’, and ‘us’ mean the financial institution and the words ‘you’ and ‘your’ mean the Account holder(s) and any authorized signer on your Account.

OPENING AN ACCOUNT

The bank requires identification and taxpayer information in order to open an Account. “To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: When you open an Account, we will ask you for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.” The Bank may also request additional information from you or third parties including credit reports. At our discretion, the Bank may refuse to open an Account, refuse to accept additional deposits into an Account, terminate check writing privileges, or close an Account.

LIABILITY

Each of you agree, for yourself (and the person or entity you represent if you sign as representative of another) to the terms of this Account Agreement and schedule of charges that may be imposed. You authorize us to deduct these charges as accrued directly from the Account balance. You also agree to pay additional reasonable charges we may impose for services you request which are not contemplated by this Agreement. Each of you also agrees to be jointly and severally liable for any Account deficit resulting from charges or overdrafts whether caused by you or another party authorized to withdraw from this Account, and the costs we incur to collect the deficit including, to the extent permitted by law, our reasonable attorneys’ fees.

DEPOSITS

Any items, other than cash, accepted for deposit (including items drawn ‘on us’) will be given provisional credit only until collection is final (and actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars). We are not responsible for transactions initiated by mail or outside depository until we actually record them. We will process deposits on the day received until our cutoff time (see Funds Availability Disclosure). All transactions received after our ‘daily cut-off time’ on a business day we are open, or received on a day in which we are not open for business, will be treated and recorded as if initiated on the next following business day that we are open. A receipt may be made available for all deposits to your Account. The amount of your receipt is based solely on what is written on your deposit ticket. Credit for all deposits is subject to final verification. Adjustments may be made for any errors in mathematics, listing of items, or other such mistakes. A receipt for this adjustment may be sent to you if the error is greater than $10.00.

Checks deposited into a savings account may be subject to a hold of up to seven (7) business days.

WITHDRAWALS

Unless otherwise clearly indicated to the contrary, any one of you who signs in the space designated for signatures on the signature card, including authorized signers, may withdraw or transfer all or any part of the Account balance at any time on forms approved by us. Each of you (until we receive written notice to the contrary) authorizes each other person signing this form to endorse any item payable to you or your order for deposit to this Account or any other transaction with us. The fact that we may honor a withdrawal request which overdraws the finally collected Account balance does not obligate us to do so, unless required by law. Withdrawals will first be made from collected funds and we may, unless prohibited by law or our written policy, refuse any withdrawal request against uncollected funds, even if our general practice is to the contrary. We reserve the right to refuse any withdrawal or transfer request which is attempted by any method not specifically permitted, which is for an amount less than any minimum withdrawal requirement, or which exceeds any frequency limitation. Even if we honor a nonconforming request, repeated abuse of the stated limitations (if any) may eventually force us to close this Account. We will use the date a transaction is completed by us (as opposed to the day you initiate it) to apply the frequency limitation. On interest-bearing Accounts other than time deposits, we reserve the right to require at least seven (7) days written notice before any withdrawal or transfer. Withdrawals from a time deposit prior to maturity or prior to the expiration of any notice period may be restricted and may be subject to penalty.

OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION

These rules apply to this Account depending on the form of ownership and beneficiary designation, if any, specified on the Account records.

Individual Account: is owned by one person. Joint Account-Survivorship (and not as Tenants in Common): is owned by two or more persons. Each of you intends that upon your death the balance in the Account (subject to any previous pledge to which we have consented) will belong to the survivor(s). If two or more of you survive, you will own the balance in the Account as joint tenants with survivorship and not as tenants in common. Joint Account-No Survivorship (as Tenants in Common): is owned by two or more persons, but none of you intend (merely by opening this Account) to create any right of survivorship in any other person. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the number of signatures necessary for withdrawal. Each Account holder is jointly and severally responsible for overdrafts created by any authorized signer(s) on the Account whether or not s/he participates in the transaction or benefits from its proceeds.

Revocable Trust or Pay-on-Death: Pay-on-Death Accounts may be created only if the Account is owned by one person. Revocable Trust Accounts may be created by Accounts with one or more owners. If two or more of you create a Revocable Trust Account, you own the Account jointly with survivorship. Beneficiaries of either of these Account types acquire the rights to withdraw only if: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of the owner(s) of the Account, such beneficiaries will own this Account in equal shares, without right of survivorship. The person(s) creating either Pay-on-Death or Revocable Trust Account reserve the right to: (1) change beneficiaries, (2) change Account types, and (3) withdraw all or part of the deposit at any time.

Corporate, Partnership, and other Organizational Accounts: We will usually require a separate authorization form designating the person(s) permitted and conditions required for withdrawal from any Account in the name of a legal entity such as a partnership, corporation, or other organization. We will honor such authorization according to its terms until it is amended or terminated in writing by the governing body of such organization. Official documentation may be required. We may also require that any signers on an organizational Account provide identification in order to be allowed to sign on the Account.

Uniform Transfer to Minors Account: The funds in this Account are owned by the minor who receives the funds as an irrevocable gift. The Account is controlled by a custodian who manages the Account for the minor’s benefit. One custodian and one minor are allowed on the Account. We will act only upon the custodian’s instructions.

Power of Attorney: You may provide a power of attorney to designate a person with the authority to exercise all your rights under this Agreement. We may limit you to the appointment of one attorney-in-fact whose appointment must be made by all the Account owners if it is a joint Account. Any such appointment must be in a form satisfactory to us.

AUTHORIZED SIGNERS - (INDIVIDUAL ACCOUNTS ONLY)

An authorized signer is someone to whom you give all rights you have now or in the future to make withdrawals and deposits. Merely by designating an authorized signer you do not intend to give up any ownership rights in the Account.

STOP PAYMENTS

A stop-payment order must be given in the manner required by law and must be received in time to give us a reasonable opportunity to act on it before our stop-payment cut-off time. Our stop-payment cut-off time is one hour after the opening of the next business day after the business day on which we receive the order item. Additional limitations on our obligation to stop payment are provided by law. A stop-payment order must precisely identify the number, date, and amount of the item, and the payee. We will honor a stop-payment request by the person who signed the particular item, and, by any other person, even though such other person did not sign the item, if such other person has an equal or greater right to withdraw from this Account than the person who signed the item in question. A stop payment order shall remain in effect for six (6) months unless you instruct us to cancel or renew it. A stop payment on an ACH (Automated Clearing House) item shall remain in effect for the life of the Account unless withdrawn in writing by the Account holder who initiated the stop-payment. A stop-payment order may be placed on official checks only if such checks have been lost, stolen, or destroyed. The Bank is not obligated to pay the amount of the check until it receives appropriate documentation and until (90) days from the issue date.

If you provide your Account number to a third party in order to change your Account by means of a demand draft (an item which does not bear your signature but purports to be drawn with your authorization) or electronic debit, we may treat such disclosure as your authorization to that party to issue written or electronic drafts or other debits against your Account. Until you notify us that such items are not authorized, we shall not be liable to you for the payment of such items, even though the payments are not in accordance with authorization you may have given that party.

TELEPHONE TRANSFERS

A transfer of funds from this Account to another Account with us, by telephone, if otherwise permitted or arranged for, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing in accordance with Federal regulations. For Savings and Money Market Deposit Accounts: According to Federal law, the depositor may make no more than six (6) ‘convenient’ transfers or withdrawals per month. ‘Convenient’ transfers and withdrawals, for purposes of this limit, include preauthorized, automatic transfers (including but not limited to transfers from the savings deposit for overdraft protection or for direct bill payments) and transfers and withdrawals initiated by telephone, facsimile, or computer, and transfers made by check, debit card, or other similar order made by the depositor and payable to third parties.

AMENDMENTS AND TERMINATION

We may change any term of this Agreement. Rules governing changes in interest rates have been provided separately. For other changes we will give you reasonable notice in writing or by any other method permitted by law. We may also close this Account personally or by mail. Notice from us to any one of you is considered notice to all Accountholders.

You may close your Account at any time by notifying us in writing. In the absence of such written notice, we reserve the right to determine when an Account is closed by the depositor based on customary factors including that there is no Account balance, that no deposit or withdrawal has been made for three (3) months, or that the Accountholder has asked us to close the Account.

STATEMENTS

For Checking, Savings, Money Market, and NOW Accounts: Unless you have agreed to receive your statements electronically, an Account statement will be sent to you periodically by U.S. mail at the current address listed on the records of the Bank. Electronic statements are available for viewing on the First Bank & Trust (FBT) Internet Banking System at www.firstbt.com. If your mailing address should change, it is important that you notify us. All change of address requests must be in writing and signed by an Accountholder. For your protection, if two consecutive statements or notices are returned to us by the U.S. Postal Service, we may hold subsequent notices and statements until we receive forwarding information from you.

You must examine your statement of Account with ‘reasonable promptness’. If you discover (or reasonably should have discovered) any unauthorized payments or alterations, you must promptly notify us of the relevant facts. If you fail to do either of these duties, you will have to either share the loss with us or bear the loss entirely yourself (depending on whether we exercised ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items forged or altered by the same wrongdoer. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but that such time will not, in any circumstance, exceed a total of fifteen (15) days from when the statement is first made available to you.

You further agree that if you fail to report any unauthorized signatures, alterations, forgeries, or any other errors in your Account within sixty (60) days of when we make the statement available, you cannot assert a claim against us on any items in that statement and the loss will be entirely yours. This sixty (60) day limitation is without regard to whether we exercised ordinary care. The limitations in this paragraph are in addition to that contained in the first paragraph of this section.

ACCOUNT TRANSFER

This Account may not be transferred or assigned without prior written consent.

BALANCE RECLASSIFICATION

The Bank may make a change in your checking Account that will not affect your available balance, interest earnings, FDIC insurance, or bank statement. The Account will consist of a checking sub-account and a savings sub-account. The Bank may periodically transfer funds between these two sub-accounts. On a sixth (6th) transfer during a calendar month, any funds in the savings sub-account will be transferred back to the checking sub-account. If your Account is a plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings sub-account will be non-interest bearing. The savings sub-account will be governed by the rules governing our other savings accounts.

We are implementing this balance reclassification system to avail ourselves of the opportunity to reduce the Bank’s Reserve Requirement in order to maintain our reasonable pricing on deposit accounts. If you have any questions, please call us at 847-733-7400.

DIRECT DEPOSITS

If, in connection with a direct deposit plan, we deposit any amount in this Account which should have been returned to the Federal government for any reason, you authorize us to deduct the amount of our liability to the Federal government from this Account or from any other Account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.

TEMPORARY ACCOUNT AGREEMENT

If this option is selected, this is a Temporary Account Agreement. Each person who signs in the space designated for signatures on the signature card (except as indicated to the contrary) may transact business on this Account. However, we may at some time in the future restrict or prohibit further use of this Account if you fail to comply within a reasonable time with the requirements we have imposed.

SET-OFF

You agree that we may (without prior notice and when permitted by law) setoff the funds in the Account against any due and payable debt owed to us now or in the future, by any of you having the right of withdrawal, to the extent of such person’s or legal entity’s right to withdraw. If the debt arises from a note, ‘any due and payable debt’ includes the total amount of which we are entitled to demand payment under the terms of the note at the time we set-off, including any balances due as of the for which we properly accelerate under the note. This right of set-off does not apply to this Account if: (a) it is an Individual Retirement Account or other tax-deferred retirement Account, or (b) the debt is created by a consumer credit transaction under credit card plan, or (c) the debtor’s right of withdrawal arises only in a representative capacity. We will not be liable for the dishonor of any check when the dishonor occurs because we set-off a debt against the Account. You agree to hold us harmless from any claim arising as a result of our exercising a right of set-off.

POSTDATED AND STALE-DATED CHECKS

We will not review checks to determine whether they are postdated (future dated) or stale-dated (more than six (6) months old). If you do not want us to pay a postdated check or stale-dated check drawn on your Account, you must provide us with a stop payment order.

DORMANT ACCOUNTS

A checking account, money market account, savings account, or NOW account is considered ‘dormant’ if you have not made a deposit or withdrawal in three (3) years. These Accounts may be subject to a dormant charge. After five (5) years of inactivity, Illinois law requires us to transfer these Accounts to the State of Illinois as abandoned property. A certificate of deposit is considered abandoned if no contact is made with the owner five (5) years are the first renewal. Activity on another Account owned by the customer is considered contact. We will attempt to notify you prior to submission to the State of Illinois at the last address of record.

INTEREST WITHHOLDING

If you do not certify that you provided us with the correct taxpayer identification number for your Account, we may be required to withhold a certain percentage of your interest income. Interest withheld will be forwarded to the Internal Revenue Service in accordance with Federal regulations.

LEGAL PROCEEDINGS

If we are served with a levy, garnishment, citation, subpoena, or other similar order relating to your Account(s), we will comply with that legal action. A fee for processing will be assessed. If we are not fully reimbursed for our record research, photocopying, and handling costs by the party that served the process, we may charge a fee to your Account in addition to the legal process fee.

In addition, if we find it necessary to hire an attorney to represent the Bank in any proceedings related to your Account, you will pay our attorney’s fee and our legal expenses subject to any limits under law. We will place a lien on any funds in the Account for all sums due pursuant to this paragraph, and we have a right to off-set any funds in your Account to pay these expenses.

DISCLOSURE REGARDING ELECTRONIC “WHOLESALE CREDIT”
TRANSACTIONS SUBJECT TO UNIFORM COMMERCIAL CODE
ARTICLE 4A

Notice by RDFI: (1) Provisional Payment—credit given by us to you with respect to an ACH entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e. the originator of the entry) shall not be deemed to have paid you in the amount of such entry. (2) Notice of Receipt of Entry—under the operating rules of NACHA, which are applicable to ACH transactions involving your Account, we are not required to give next day notice to you of receipt of an ACH item and we will not do so. However, we will continue to notify you of the receipt of payments in periodic statements we provide to you. (3) Choice of Law—we may accept on your behalf payments to your Account which have been transmitted through one or more ACH’s and which are not subject to the Electronic Funds Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the State of Illinois, unless it has otherwise specified in a separate agreement that the law of some other State shall govern.

Notice by ODFI: (1) the entry may be transmitted through the ACH. (2) The rights and obligations of the Originator concerning the entry shall be governed by and construed in accordance with the laws of the State of Illinois, unless the Originator and the ODFI have agreed that the laws of another jurisdiction shall govern their rights and obligations. (3) Credit given by the RDFI to the Receiver for the entry is provisional until the RDFI has received final settlement through a Federal Reserve Bank or otherwise has received payment. (4) If the RDFI does not receive such payment for the entry, the RDFI is entitled to a refund from the receiver in the amount of the credit to the Receiver’s account, and the Originator will not be considered to have paid the amount of the credit entry to the Receiver.

ELECTRONIC FUNDS TRANSFERS—YOUR RIGHTS AND RESPONSIBILITIES

The Electronic Funds Transfers (EFTs) we are capable of handling are indicated below, some of which may not apply to our Account. Please read this disclosure carefully because it informs you of your rights and obligations for these transactions. You should retain this notice for future reference.

DIRECT DEPOSIT—You may make arrangements for certain direct deposits to be accepted into your checking, money market, statement savings, or NOW Accounts.

PREAUTHORIZED WITHDRAWALS—You may make arrangements to pay certain recurring bills from your checking, money market, statement savings, or NOW Accounts. For Savings and Money Market Deposit Accounts: According to Federal law, the depositor may make no more than six (6) ‘convenient’ transfers or withdrawals per month. ‘Convenient’ transfers and withdrawals, for purposes of this limit, include preauthorized, automatic transfers (including but not limited to transfers from the savings deposit for overdraft protection or for direct bill payments) and transfers and withdrawals initiated by telephone, facsimile, or computer, and transfers made by check, debit card, or other similar order made by the depositor and payable to third parties. There is no limit for checking or NOW Accounts.

ELECTRONIC CHECK CONVERSION—You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or to pay bills.

ELECTRONIC RETURNED CHECK CHARGE—You may authorize a payee to initiate an electronic funds transfer to collect a check in the event a check is returned for non-sufficient funds.

ATM/DEBIT CARD TRANSACTIONS—You may access your Account(s) by Automated Teller Machine (ATM) using your First Bank & Trust ATM/debit card and personal identification number (PIN) to:

  • Withdraw cash from your checking, NOW, money market, and statement savings account;
  • Make deposits to your checking, NOW, money market, and statement savings account;
  • Initiate the transfer of available funds (a withdrawal and a deposit between your checking, NOW, money market, statement savings, whenever you request;
  • Make balance inquiries.

Your debit card may be used to pay for purchases at locations that have agreed to accept the card. Limitations on cash withdrawal amounts will be determined at the time our ATM/debit card is issued. Generally, our daily cash withdrawal limit is $200.00 unless otherwise disclosed. Refer to our schedule of service charges for a detail of these fees.

Terminal Transfers. You can get a receipt at the time you make a transfer to or from your Account using an ATM or transfer to a point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15.00 or less if you elect not to receive a receipt.

Some of these services may not be available at all terminals.

Please also see Limitations on Frequency of Transfers section regarding limitations that apply to ATM transfers.

LIMITATIONS ON FREQUENCY OF TRANSFERS— For Savings and Money Market Deposit Accounts: According to Federal law, the depositor may make no more than six (6) ‘convenient’ transfers or withdrawals per month. ‘Convenient’ transfers and withdrawals, for purposes of this limit, include preauthorized, automatic transfers (including but not limited to transfers from the savings deposit for overdraft protection or for direct bill payments) and transfers and withdrawals initiated by telephone, facsimile, or computer, and transfers made by check, debit card, or other similar order made by the depositor and payable to third parties.

The card issued to you remains the property of the Bank and if we request you must surrender all cards we issued to you. We may terminate your right to use the cards at any time for any reason.

FIRST BANK EXPRSS AND BUSINESS EXPRESS INTERNET BANKING

If you have submitted an application and have been approved for online banking services, you may access your Account(s) through the Internet. You may:

  • Receive balance and transaction history;
  • Issue stop payment orders for checks;
  • Make deposits; and
  • Transfer available funds between your qualified Account(s) at First Bank & Trust.

If approved, you may also use the Internet to direct payments to be made to third parties.

You will be given an identification number and a password which will allow you access to these services. You should maintain the confidentiality of this information. You must agree to receive certain disclosures. Disclosures and specific terms and conditions for Online Banking can be found on our website at www.firstbt.com and will be provided to you when you sign up for this service.

FIRST BANK EXPRESS—TELEPHONE TRANSFERS

You may access your Account by telephone 24-hours a day at 800-334-9956 using your personal identification number (PIN) to:

  • Get Account balance and recent transaction information;
  • Transfer available funds between your qualified Account(s) at First Bank & Trust.

CHARGES FOR ELECTRONIC FUNDS TRANSFERS

We do not charge for direct deposits to any type of Account.  We do not charge for preauthorized withdrawals from any type of Account. Except as indicated elsewhere, we do not charge for electronic funds transfers.

Our networks of choice are STAR® Systems and NYCE. Please note that there may be additional fees charged by the terminal owner when withdrawing cash from their ATM (surcharge), but you may opt out of the transaction and choose not to accept the fee. Six (6) surcharges up to a maximum dollar limit of $20.00 in surcharges each statement period will be refunded (credited) to your Account.

RIGHT TO DOCUMENTATION

Terminal Transfers: YOU CAN GET A RECEIPT AT THE TIME YOU MAKE ANY TRANSFER TO OR FROM YOUR ACCOUNT using one of our Automated Teller Machines or point-of-sale terminals.

Direct Deposit: If you have arranged to have direct deposit made to your Account at least once every sixty (60) days from the same person or company, you can call us at 847-733-7400 to find out whether or not the deposit has been made.

Periodic Statements: You will get a monthly Account statement from us for your checking, NOW, or money market Account. You will get a quarterly Account statement from us for your statement savings Account. You will get a monthly Account statement from us on your savings or checking account with any electronic fund transfer activity.

Passbook Account: For passbook savings Accounts where the only possible electronic funds transfers are preauthorized credits, if you bring your passbook to us, we will record any electronic deposits that were made to your account since the last time you brought in your passbook.

STOP PAYMENT PROCEDURES AND NOTICE OF VARYING AMOUNTS

Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular payments out of your Account, you can stop any of these payments.

Here is how: Call us at 847-733-7400 or write us at 820 Church St., Evanston, IL 60201 in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call.

Notice of Varying Amounts: If these regular payments may vary in amount, the person you are going to pay will tell you ten (10) days before each payment, when it will be made and how much is will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for Failure to Make Transfers: If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your Account to make the transfer;
  • If the transfer would go over the credit limit on your overdraft line;
  • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer;
  • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken;
  • If the ATM terminal does not have enough cash.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your Account or the transfers you make:

  • When it is necessary for completing transfers;
  • In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;
  • In order to comply with government agency or court orders; or
  • If you give us written permission.

Disclosure of Account information is made only in accordance with the Bank’s Privacy Policy.

UNAUTHORIZED TRANSFERS

Tell us AT ONCE if you believe your ATM or debit card and/or code have been lost or stolen or you believe that an electronic funds 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 of the money in your Account (plus your maximum overdraft line of credit). If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your card without your permission.

If you do not call us within two (2) business days after you learn of the loss or theft of your card and/or code, and we can establish we could have stopped someone from using your card and/or code without your permission if you had told us, you can lose as much as $500.00.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost if we can prove that we could have stopped someone from taking your money if you had told us in time.

If you believe your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission, contact us at 847-733-7400.

If you believe your debit card has been lost or stolen and discover this outside of our normal banking hours, please call 800-236-2442 to cancel the card. Be sure to keep a record of your card number.

ADDITIONAL LIMIT ON LIABILITY FOR VISA®-BRANDED DEBIT CARD

Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa®-branded debit card. This additional limit on liability does not apply to ATM transactions or to transactions using your personal identification number (PIN) which are processed by Visa®.

ERROR RESOLUTION NOTICE

The term “electronic funds transfer” (EFT) is a transfer of funds that is initiated through an electronic terminal, telephone, computer (including on-line banking), or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer’s Account. EFTs include, but are not limited to: point-of-sale (POS) transfers; automated teller machine (ATM) transfers; direct deposits or withdrawals of funds; transfers initiated by telephone or personal computer; and transfers resulting from debit card transactions, whether or not initiated through an electronic terminal.

In Case of Errors or Questions About Your Electronic Transfers: Telephone us at 847-733-7400. Write us at 820 Church St., Evanston IL 60201 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 sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

  • Tell us your name and Account number (if any);
  • 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;
  • 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 ten (10) business days.

We will determine whether an error occurred within ten (10) business days (twenty [20] business days if the error involves a transfer to or from the Account within thirty [30] days after the first deposit to the Account was made and five [5] business days for Visa®-branded debit card point-of-sale transactions) after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error (five [5] business days for Visa®-branded debit card point-of-sale transactions and twenty [20] business days if the transfer involves a new account), 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 ten (10) business days, we may not credit your Account.

For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.

We will tell you the results within three (3) 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.

FUNDS AVAILABILITY DISCLOSURE

This policy statement does not apply to savings accounts or certificates of deposit or business accounts. Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use them to pay checks that you have written.

For determining the availability of your deposits, every day is a business day except Saturday, Sundays, and Federal holidays. If you make a deposit before 6:00 p.m. Monday through Friday, on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 6:00 p.m. Monday through Friday or on a day we are not open, we will consider that the deposit was made on the next business day we are open. If you make a deposit at our ATM before 6:00 p.m. on a business day we are open, we will consider that day to be the day of your deposit.

However, if you make a deposit at our ATM after 6:00 p.m. or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

LONGER DELAYS MAY APPLY—In some cases, we may not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the third (3rd) business day after the day of your deposit. The first $200.00 of your deposits, however, will be available on the first (1st) business day.

If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you a notice of delayed availability by the day after we receive your deposit.

If you will need the funds from a deposit right away, you should ask us when the funds will be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposit will not be paid;
  • You deposit checks totaling more than $5,000.00 on any given day;
  • You redeposit a check that has been returned unpaid;
  • You have overdrawn your Account repeatedly in the last six (6) months;
  • There is an emergency, such as failure of communications or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the third (3rd) business day after the day of your deposit.

SPECIAL RULES FOR NEW ACCOUNTS—If you are a new customer, the following special rules will apply during the first thirty (30) days your Account is open.

Funds from electronic direct deposits into your Account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000.00 of a day’s total deposits of cashier’s, certified, teller’s, traveler, and Federal, state, and local government checks will be available on the first (1st) business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000.00 will be available on the ninth (9th) business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000.00 will not be available until the second (2nd) business day after the day of your deposit.

Funds from all other checks will be available on the ninth (9th) business day after the day of your deposit.

DEPOSITS AT AUTOMATED TELLER MACHINES—funds from any deposit (cash or checks) made at automated teller machines (ATMs) we do not own or operate will not be available until the second (2nd) business day after the day of your deposit. This rule does not apply at ATMs that we do own or operate. The ATMs we own or operate are located at: Evanston IL 60201—820 Church St., 2925 Central St., 824 Emerson St.; Winnetka IL 60093—100 Green Bay Road; Skokie IL 60076—8047 Skokie Blvd., 4007 Dempster St. Also, cash dispense only ATMs are located in Evanston at 1454 Elmwood Ave. (Evanston Police Department) and 2100 Ridge Ave. (Evanston Civic Center).

IMPORTANT INFORMATION ABOUT YOUR CHECKING ACCOUNT

Substitute Checks and Your Rights
What is a substitute check?

To make check processing faster, Federal law permits banks to replace original checks with “substitute checks”. These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states; “This is a legal copy of your check. You can use it the same way you would u se the original check.” You may use a substitute check as proof of payment just like the original check.

Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your Account. However, you have rights under other law with respect to those transactions.

What are my rights regarding substitute checks?

In certain cases, Federal law provides a special procedures that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your Account or that we withdrew money from your Account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your Account and fees that were charged as a result of the withdrawal (for example, bounced check fees).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your Account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.

If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your Account earns interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your Account earns interest) not later than forty-five (45) calendar days after we received your claim.

We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your Account.

How do I make a claim for a refund?

If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your Account, please contact us at: First Bank & Trust, 820 Church St., Evanston IL 60201 Telephone 847-733-7400.

You must contact us within forty (40) calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your Account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.

Your claim must include:

  • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
  • An estimate of the amount of your loss;
  • An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
  • A copy of the substitute check or the following information to help us identify the substitute check: the check number, the amount of the check, the date of the check, and the name of the person to whom you wrote the check.

TRUTH-IN-SAVINGS DISCLOSURE

See Deposit Product and Service Charge Schedule Brochure and applicable rate fee sheets for more details about each product.

TRADITIONAL CHECKING ACCOUNT

  • Minimum balance to avoid imposition of fees—A service charge fee will be imposed every statement cycle unless you maintain either a minimum daily balance of $500.00 or an average daily balance of $1,000.00 for the monthly statement cycle. The average daily balance is calculated adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

ECONOMY CHECKING ACCOUNT

  • Fees—Monthly fee will be charged on this Account. A fee will be charged for each debit transaction exceeding ten (10) in any given month.

COLLEGE CHECKING

  • No minimum balance required to avoid imposition of fees in order to open an account.

SENIOR CHECKING ACCOUNT

  • No service charge or check fee will be imposed on this Account.

NOW ACCOUNT—PERSONAL

  • Minimum to open—Any amount.
  • Frequency of rate changes—We may change the interest rate on your Account at any time.
  • Compounding and crediting frequency—Interest will be compounded and credited monthly. Interest will be credited to your Account every month.
  • Effect of closing an Account—If you close your Account before interest is credited, you will not receive the accrued interest.
  • Minimum balance to avoid imposition of fees—A service charge fee will be imposed every statement cycle unless you maintain either a minimum daily balance of $1,000.00 or an average daily balance of $2,500.00 for the monthly statement cycle. The average daily balance is calculated by adding the principal in Account for each day of the period and dividing that figure by the number of days in the period.
  • Daily balance computation method—We use the daily balance method to calculate the interest on your Account. This method applies a daily periodic rate to the Account each day.
  • Accrual of interest on noncash deposits—Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
  • Monthly benefits—All checks, ACH, and telephone transfers at no charge.

HEALTH SAVINGS ACCOUNTS—PERSONAL NOW

  • Rate information—Your interest and annual percentage yield may change. $1,000.00 minimum daily balance to earn interest.
  • Frequency of rate changes—We may change the interest rate on your Account at any time.
  • Determination of rate—At our discretion, we may change the interest rate on your Account.
  • Compounding and crediting frequency—Interest will be compounded monthly. Interest will be credited to your Account every month.
  • Effect of closing an Account—If you close your Account before interest is credited, you will not receive the accrued interest.
  • Daily balance computation method—We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the Account each day.
  • Accrual of interest on noncash deposits—Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
  • Monthly fee structure—No charge.
  • Monthly benefits—All checks, ACH, and telephone transfers at no charge.

PASSBOOK OR STATEMENT SAVINGS OR JUNIOR BANKER SAVINGS ACCOUNT

  • Rate information—Your interest rate and annual percentage yield may change.
  • Frequency of rate changes—We may change the interest rate on your Account at any time.
  • Determination of rate—At our discretion, we may change the interest rate on your Account.
  • Compounding and crediting frequency—Interest will be compounded quarterly. Interest will be credited to your Account quarterly.
  • Effect of closing an Account—If you close your Account before interest is credited, you will not receive the accrued interest. If you close your Account within six (6) months of opening, a fee will be charged.
  • Minimum balance to avoid imposition of fees—A service charge fee will be imposed each quarter the balance in the Account falls below $200.00 any day of the quarter. Junior Banker Accounts are exempt from minimum balance requirements.
  • Daily balance computation method—We use the daily balance method to calculate the interest on your Account. This method applies a daily periodic rate to the Account each day.
  • Accrual of interest on noncash deposits—Interest begins to accrue on the business day you deposit noncash items (for example, checks).
  • Transaction limitations—According to Federal law, the depositor may make no more than six (6) ‘convenient’ transfers or withdrawals per month. ‘Convenient’ transfers and withdrawals, for purposes of this limit, include preauthorized, automatic transfers (including but not limited to transfers from the savings deposit for overdraft protection or for direct bill payments) and transfers and withdrawals initiated by telephone, facsimile, or computer, and transfers made by check, debit card, or other similar order made by the depositor and payable to third parties.

MONEY MARKET ACCOUNTS

  • Rate information—Your interest rate and annual percentage yield may change.
  • Frequency of rate changes—We may change the interest rate at any time.
  • Determination of rate—At our discretion, we may change the interest rate on your Account.
  • Compounding and crediting frequency—Interest will be compounded monthly. Interest will be credited to your Account every month.
  • Effect of closing an Account—If you close your account before interest is credited, you will not receive the accrued interest.
  • Minimum balance to avoid imposition of fees—A service charge fee will be imposed every statement cycle unless you maintain either a minimum daily balance of $1,000.00 or an average daily balance of $2,500.00 for the monthly statement cycle. The average daily balance is calculated by adding the principal in the Account for each day of the period and dividing that figure by the number of days in the period.
  • Daily balance computation method—We use the daily balance method to calculate the interest on your Account. This method applies a daily periodic rate to the Account each day.
  • Accrual of interest on noncash deposits—Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
  • Transaction limitations—According to Federal law, the depositor may make no more than six (6) ‘convenient’ transfers or withdrawals per month. ‘Convenient’ transfers and withdrawals, for purposes of this limit, include preauthorized, automatic transfers (including but not limited to transfers from the savings deposit for overdraft protection or for direct bill payments) and transfers and withdrawals initiated by telephone, facsimile, or computer, and transfers made by check, debit card, or other similar order made by the depositor and payable to third parties.

INVESTMENT MONEY MARKET ACCOUNT

  • Rate information—Your interest and annual percentage yield may change.
  • Frequency of rate change—We may change the interest rate at any time.
  • Determination of rate—At our discretion, we may change the interest rate of your Account.
  • Compounding and crediting frequency—Interest will compound monthly. Interest will be credited to your Account every month.
  • Minimum balance to avoid imposition of fees—A service charge fee will be imposed every statement cycle unless you maintain either a minimum daily balance of $10,000.00 or an average daily balance of $15,000.00 for the monthly statement cycle. The average daily balance is calculated by adding the principal in the Account for each day of the period and dividing that figure by the number of days in the period.
  • Daily balance computation method—We use the daily balance method to calculate the interest on your Account. This method applies a daily periodic rate to the Account each day.
  • Accrual of interest on noncash deposits—Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).
  • Transaction limitations—According to Federal law, the depositor may make no more than six (6) ‘convenient’ transfers or withdrawals per month. ‘Convenient’ transfers and withdrawals, for purposes of this limit, include preauthorized, automatic transfers (including but not limited to transfers from the savings deposit for overdraft protection or for direct bill payments) and transfers and withdrawals initiated by telephone, facsimile, or computer, and transfers made by check, debit card, or other similar order made by the depositor and payable to third parties.
  • Monthly fee structure—No charge.
  • Monthly Benefits—All checks, ACH, and telephone transfers at no charge.

CERTIFICATES OF DEPOSIT

A certificate of deposit is considered a “time deposit’ by Federal regulations. The following rules apply to your time deposit account:

  • The annual percentage yield (APY) assumes that interest remains on deposit until maturity. A withdrawal of interest will result in the reduction of annual percentage yield.
  • Interest on your time deposit account begins to accrue on the business day you deposit any noncash item (for example, checks).
  • Time deposits require a $1,000.00 minimum balance to open and to earn the stated annual percentage yield. You must maintain the minimum balance required to open the account to earn the annual percentage yield listed on your time deposit.
  • We use the daily balance method to calculate the interest on your time deposit. This method applies a daily periodic rate to the principal in the account each day.
  • Interest on your time deposit is credited and compounded monthly for accounts with original terms sixty (60) days or greater. For time deposits with shorter terms, interest is credited at maturity with a simple interest computation.
  • After your time deposit account is opened, you may not make deposits into the account until the maturity date (which is stated on the time deposit).
  • Generally, time deposits are set to renew automatically at maturity. You have a ten (10) day grace period after maturity. If the account is closed during the grace period, interest will not be paid. If the account has a single maturity and, therefore, will not automatically renew, interest will not be paid after maturity.
  • Your time deposit may not be withdrawn prior to maturity except with our consent which may be given only at a time such request is made. A substantial penalty is required if we grant your request for early withdrawal. In addition, if the account is closed before accrued interest is credited, you will forfeit the accrued interest.

FirstBank Express Electronic Statement Disclosure Agreement

Electronic Delivery of Statements and Notices

By accepting the “First Bank & Trust Electronic Statement Disclosure Agreement”, you consent and agree that First Bank & Trust may provide certain disclosures and notices to you in electronic form, in lieu of paper form, including electronic delivery of statements (e-Statements) for your First Bank & Trust deposit account(s).

Scope of Consent for Electronic Delivery of Statements

Your consent to receive e-Statements covers the periodic statements you are provided in connection with your First Bank & Trust deposit account(s). . By using e-Statements, you accept and agree to be bound by the general terms and conditions governing e-Statements, including without limitation all the terms and conditions in this Agreement. You agree to be bound by any and all laws, rules, regulations and official issuances applicable to e-Statements now existing or which may hereafter be enacted, issued or enforced, as well as such other terms and conditions governing the use of other facilities, benefits or services that First Bank & Trust may from time to time make available to you in connection with e-Statements.

First Bank & Trust has absolute discretion to make e-Statements available to you. Further, First Bank & Trust has the discretion from time to time and upon giving notice to you to modify, restrict, withdraw, cancel, suspend or discontinue e-Statements without giving any reason and you understand that by using e-Statements after any modification or change has been effected, you would have agreed to such modification or change.
All future statements for that account will be e-Statements which you will access through First Bank & Trust’s Internet Banking to obtain, review, print, and copy/download your periodic deposit account statements. Each month we will send an email notice to you advising you of the availability of your e-Statement. Your electronic statement will be available for viewing for a period of thirteen (13) months (or such period as decided by First Bank & Trust and notified to you) from the applicable statement date.

Scope of Consent for Electronic Delivery of Notices

Your consent to receive electronic notices covers any notice or other type of communication provided to you pursuant to the terms of this Agreement. We will send all notices, attachments, and/or documents via e-mail to the last known e-mail address provided by you. You agree to notify us promptly of any change of your e-mail address.

First Bank & Trust e-Statement Procedures

You must enroll each of your deposit account(s) for which you want to access e-Statements. To enroll your account(s) for e-Statement access, simply log in to First Bank & Trust’s Internet Banking service, go to “Add Online Statements”, read the information provided and click on the ”continue” box. When the list of your accounts is displayed on the e-Statement screen, simply select desired method of presentment, read the service agreement and disclosure, check the box indicating you have read and agree with the disclosure and click on the Submit box. If you presently have a statement available, it will be listed immediately for you. Your e-Statement for your next statement cycle should be available for viewing the business day after your statement date. For your first e-Statement cycle, you will receive a paper statement as well as be able to view your e-Statement. If you select the e-statement only option, subsequent statements for your e-Statement account will be e-Statements only. You will receive an automated notification email shortly after the end of each statement period informing you that your e-Statement is ready for viewing. In order to access your e-Statements, you must log in to First Bank & Trust’s Internet Banking service, go to “Statements”, and select the statement you wish to see.

Requesting to Receive or Cancel Paper Statements in Addition to e-Statements

Should you wish to receive paper statements or to cancel your request to receive paper statements in addition to e-Statements for a particular account, please log in to First Bank & Trust’s Internet Banking service, go to “Customer Service” and complete the appropriate section of the “Customer Service Form” A free paper copy of your statement can be obtained at any time by contacting First Bank & Trust at 820 Church Street. Evanston IL 60201.

Change of Mailing Address, Email Address, and Other Information

You agree to notify us immediately of any change in your mailing address, e-mail address or other particulars relevant to this Agreement. To notify us of your e-mail address change, please log in to First Bank & Trust’s Internet Banking service, go to “User Options”, select “E-mail Address”, and enter your new e-mail address in the “Email Address” field. Please note that you must provide us with an e-mail address in order to use the e-Statement service.

Joint Accounts

If your First Bank & Trust account is owned jointly with another person, either one of you may consent to receive electronic disclosures and e-Statements and that person’s election to access e-Statements shall apply to both of you. First Bank & Trust will automatically turn off the paper statement for that account after the first e-Statement has been made available unless you request to continue to receive your paper statements in addition to your e-Statements (please refer to Requesting to Receive or Cancel Paper Statements in Addition to e-Statements).

Security

You agree that First Bank & Trust shall not be held liable if you are unable to gain access to the website or First Bank & Trust Internet Banking system from time to time. You understand that some or all of the e-Statement services and/or other First Bank & Trust system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond First Bank & Trust’s control. You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your e-Statement for each of your First Bank & Trust accounts as soon as you can access it. You must report any errors or discrepancies in accordance with our Account Disclosure as provided to you and with applicable law.

Your User ID and password that are used to access Internet Banking services should be kept confidential. The password must be changed at least every ninety (90) days. You are responsible for keeping your password, account numbers and other account data confidential.

System Requirements

In order for you to access and retain your e-Statement records, your system must have:

  • Internet access
  • An Internet browser that supports 128-bit encryption
  • A certified/supported browser
  • Adobe Acrobat Reader (which may be downloaded at no charge on the Internet)

Change in Terms

The Bank reserves the right to change the terms and conditions of this agreement
at any time, which includes the addition and deletion of e-Statement services.

Your Right to Withdraw Consent

You have the right to withdraw your consent to have your statements provided in an electronic form by going to the” Customer Service” screen and changing the delivery method selection. We will then discontinue e-Statement service for that account and you will receive paper statements for subsequent statement periods. Once this is done, previous e-statements will no longer be available.

Disclaimer of Warranty and Limitation of Liability

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the e-Statements provided to you under the Agreement. We do not and cannot warrant that the e-Statement service will operate without error, or that the e-Statement service will be available at all times. Except as specifically provided in this Agreement, or otherwise required by Law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under the Agreement or by reason of your use of the e-Statement service, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory.

First Bank & Trust makes no warranty that:

  • The service will be uninterrupted, timely, secure or error-free
  • The service will meet your requirements
  • The results that may be obtained from the use of the service will be accurate or reliable
  • The quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations
  • Any errors in the software will be corrected

First Bank & Trust shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:

  • The use or the inability to use the service
  • The cost of procurement of substitute goods and services resulting from any goods, data information or services purchased from the service
  • Unauthorized access to your transmission
  • Unauthorized alteration of your data
  • Statements or conduct of the third party service provider
    Any other matter relating to the service

Out-of-Band Authentication SMS Text Message Terms of Use

  1. Your wireless carrier's standard messaging rates apply to SMS correspondence. FIRST BANK & TRUST does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your Wireless Carrier.
  2. You represent that you are the owner, or authorized user of the wireless device you use to receive the service, and that you are authorized to approve the applicable charges.
  3. We will send you a message only once, and only with your explicit agreement as indicated by your continuation of the process flow.
  4. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
  5. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time, and content of your 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 SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
  6. The service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
  7. The service is available only in the United States.
  8. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
  9. If you have any questions, e-mail sshamoon@firstbt.com. You can also text the words HELP to 32858 to get additional information about the service. If you receive a message from us unexpectedly, you can text the word STOP to 32858. We do not charge for help or info messages; however, your normal carrier rates apply.

First Bank Express - Terms & Conditions

These Rules govern your use of the services of First Bank & Trust’s First Bank Express Internet Banking product, "First Bank Express". You agree to these Rules by signing a First Bank Express application form ("Application Form"). In these Rules, "Business Day" means Monday through Friday excluding normal banking holidays. "We", "us", and "our" mean First Bank & Trust. "Electronic Banking Account(s)" means your deposit account(s) with First Bank & Trust which you have designated as Electronic Banking Account(s) or Bill Payment Account(s) on your Application. "Equipment" means the telephone, computer hardware, and/or any other equipment you use to obtain access to First Bank Express and the Services hereinafter defined. "Merchant" means a third party to whom you direct us to send a payment. "Payment Account(s)" means your First Bank & Trust checking account(s) that you have designated in the Enrollment Form as Bill Payment Account "Payment Date" means the date you specify in a payment or transfer instruction as the date that a payment or transfer should be completed, or, if the date you specify is not a Business Day, the next Business Day following that date. "Services" means electronic banking services provided by us, specifically including the services described in these Rules.

Except for Errors and Questions addressed by Section VI of these Rules, you may contact us with your questions at: First Bank & Trust, 820 Church St., Evanston, IL. 60201 (847) 733-7400

I. The Services
II. Charges
III. Suspension/Termination
IV. Warranties
V. Liability for Unauthorized Payments and Transfers
VI. Errors and Questions
VII. Account Information
VIII. General

I. THE SERVICES

  1. Equipment. You must obtain and maintain Equipment at your own expense. You must use Equipment to contact us to receive the Services.
  2. Security Code. We will issue you a unique security code (the "Security Code"). You agree to provide your Security Code to us whenever you contact us to obtain Services. You agree that you will not give your Security Code to any other person or make your Security Code available to any other person. If you believe that your Security Code has been lost or stolen, or that unauthorized transfers or payments have been made by us from your First Bank & Trust accounts, you agree to notify us IMMEDIATELY by phone anytime during our customer service hours or send us an electronic message.
  3. Account Information. You may obtain information about your Electronic Banking Account(s) through us.
  4. Transfers and Payments. Subject to these Rules, you may transfer funds between any of your Electronic Banking Accounts, and/or use our Bill Payment service to send payments from the Payment Accounts to Merchants. However, we may refuse to accept any payment or transfer instruction, for any reason. Payment of taxes or court directed payments through the Service, and payments and transfers to or from Passbook Savings accounts, are not allowed. Unless we complete a payment or transfer immediately, you may cancel or modify the payment until the payment is made.
  5. Failed Payments and Transfers. If we are unable to process a transaction for any reason (for example, because there are insufficient funds in your account) the transaction will result in a "Failed Payment and/or Transfer." We may charge the entire amount of any Failed Payment or Transfer to any of your First Bank & Trust accounts, or bill you for the amount.
  6. Third Party Providers. You authorize us to use third parties to provide the Service to you on our behalf. You understand and agree that we will use Metavante Corporation as one such third party provider. All references to "we", "us", and "our" in these Rules includes any third party provider we have chosen to use.
  7. Timeliness and Accuracy. We will use reasonable efforts to cause transfers or payments to be completed as close as reasonably possible to the Payment Date. You authorize us to choose the most effective method to process your payment or transfer, including electronic, paper, or other means. YOU UNDERSTAND THAT THE TIME IT TAKES US TO COMPLETE PAYMENTS MAY BE DIFFERENT DEPENDING ON THE MERCHANT INVOLVED. SOME PAYMENTS MAY BE COMPLETED THE SAME OR NEXT DAY, WHILE OTHERS MAY REQUIRE FIVE (5) DAYS OR EVEN MORE. YOU ARE RESPONSIBLE TO KNOW THE TIME IT WILL TAKE US TO COMPLETE A PAYMENT TO ANY MERCHANT AND TO ALLOW US ENOUGH TIME TO COMPLETE THE PAYMENT BETWEEN THE DATE OF YOUR PAYMENT INSTRUCTION AND THE PAYMENT DATE.
  8. Our Responsibility to You. If you have followed these Rules, and we have issued you a confirmation number, we will reimburse you for any late charge assessed to you because we fail to complete that payment by the Payment Date, up to a maximum of $50.00 per payment, unless we are not responsible to you for one of the reasons listed in ‘Section j’ below. THIS IS OUR ONLY OBLIGATION TO YOU FOR FAILURE TO COMPLETE ANY PAYMENT. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.
  9. Limitations on Our Responsibility. We are not responsible for any failure to complete or delay in completing any transfer or payment due to any of the following:
    1. Your failure to obtain a confirmation number at the time you initiate a payment or transfer instruction.
    2. The Payment Account does not contain sufficient funds to complete the payment or transfer.
    3. The Payment Account has been closed.
    4. We identify you as a credit risk and choose to complete all your payments by paper means, or to terminate your use of the Services.
    5. Equipment or any communications link is not working properly.
    6. The Services are not working properly and you know or we have told you about the problem before you send the payment or transfer instruction.
    7. You have provided us with incorrect information about the Merchant you wish to pay or the accounts to which you wish to make a transfer.
    8. The Merchant mishandles or delays handling any payment we send.
    9. Circumstances beyond our control (for example, fire, flood, interference from an outside source) prevent the transfer or payment from being completed and we took reasonable precautions to avoid these circumstances. OTHER THAN AS EXPRESSLY STATED IN SECTION 1.i., WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY, WHETHER CAUSED BY YOUR EQUIPMENT OR SOFTWARE, THE SERVICES, OR ANY TECHNICAL OR EDITORIAL ERRORS CONTAINED IN OR OMISSIONS FROM ANY USER GUIDE RELATED TO THE SERVICES. IN NO CASE ARE WE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE TO YOU.
    10. Statements. All payments or transfers we make from your First Bank & Trust accounts will be shown on the monthly account statements you receive from First Bank & Trust. It is your responsibility to review the statements we provide to you regarding your Electronic Banking Accounts. You must immediately report to us any errors, incorrect transactions, or transactions that you believe to be unauthorized.
    11. New Services/Change in Service. We may, from time to time, introduce new services or enhance the existing Services. We will notify you of the existence of these new or enhanced services, and the terms and conditions related to these services. If you use any of these services after receiving this notice, you agree to be bound by the terms and conditions for the service. We may at any time change or discontinue any aspect or feature of the Services, including content, hours of availability, and equipment needed for access or use. We will notify you if we do this.

II. CHARGES

A monthly fee will be charged to the Payment Account you designated in the Enrollment form. You agree to pay these monthly fees, plus any applicable sales and use taxes. You also will be required to pay all fees and charges associated with your First Bank & Trust deposit and/or loan accounts as described in your First Bank & Trust deposit account rules or credit agreement. Monthly fees for First Bank express are contained in the disclosure information provided to you upon enrollment and on our web site.

III. SUSPENSION/TERMINATION

We may terminate your use of the Services, in whole or in part, at any time without prior notice to you. In the event you initiate repeated Failed Payments and/or Transfers, we may suspend your use of the Services without prior notice to you. All inquiries and correspondence related to suspension of the Service, including reinstatement requests, must be sent to First Bank & Trust at the address provided in these Rules. We will notify you of any suspension or termination of the Service by sending a letter to you at your address reflected in our records or e-mailing you at the e-mail address provided in your application. You may terminate your access to the Services upon providing thirty (30) days prior written notice to First Bank & Trust at the address provided in these Rules. We may complete, and you will be responsible for, all payments and/or transfers you requested before termination and for all other fees, charges, and taxes related to those transactions. YOU MUST CANCEL ALL OUTSTANDING PAYMENT AND/OR TRANSFER INSTRUCTIONS DURING THE 30 DAY NOTICE PERIOD. WE ARE NOT RESPONSIBLE TO YOU IF WE MAKE A TRANSFER OR PAYMENT AFTER TERMINATION UNLESS YOU HAVE CANCELED THE PAYMENT OR TRANSFER AS PROVIDED IN THESE RULES.

IV. WARRANTIES

We warrant that we have the right to grant you a license to use the Services as described in these Rules, and that we have authority to provide the Services to you. NEITHER FIRST BANK & TRUST NOR ANY THIRD PARTY PROVIDER WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICES, ANY LICENSED SOFTWARE, RELATED DOCUMENTATION, AND ANY AND ALL OTHER SOFTWARE, SERVICES, AND/OR DOCUMENTATION WE PROVIDE TO YOU ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND AND WE SPECIFICALLY EXCLUDE AND DISCLAIM ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE SERVICE.

V. LIABILITY FOR UNAUTHORIZED PAYMENTS AND TRANSFERS

If you believe that your Security Code has been lost or stolen, notify us IMMEDIATELY as described in Section I.a. in order to keep your possible losses down. If you notify us within two (2) Business Days after you learn of the loss or theft, your maximum liability for unauthorized payments or transfers is $50.00.

If you do not notify us within two (2) Business Days after you learn of the loss or theft of your Security Code, and we can prove that we could have prevented someone else from using your Security Code had you done so, your maximum liability for unauthorized payments or transfers is $500.00.

If your First Bank & Trust account statement shows payments and/or transfers through the Center that you did not authorize, notify us IMMEDIATELY. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not get back any of the money you lost if we can prove that we could have prevented additional unauthorized transfers or payments had you told us in time. If a good reason (for example, a hospital stay or a long trip) prevented you from telling us sooner, we may, if we choose, extend this time.

An "unauthorized transfer" is a transfer by a person who does not have actual, implied, or apparent authority to use your Security Code, and which does not benefit you. If you give your Security Code to another person, all transfers by that person are authorized unless and until you notify us that transfers by that person are no longer authorized. You agree that any transfer from your account by a joint holder or other person with an interest in your account is not an unauthorized transfer.

VI. ERRORS AND QUESTIONS

Contact us as soon as possible if you think that a payment or transfer shown on your statement is in error or if you need more information about a payment or transfer shown on your statement. You may contact the helpline at (877)403-6158 24 hours a day, seven days a week. E-mail is available through the site at all times.

We must hear from you no later than sixty (60) days after you received the first statement on which the problem or error appeared.

When you write or call us, you must:

  1. Tell us your name and Security Code.
  2. Describe the payment and/or transfer you are unsure about (Merchant name, account information, transaction date, transaction amount) and explain as clearly as you can why you believe it is an error or you need more information. If possible, please provide us with a confirmation number for the transaction.
  3. Tell us the dollar amount of the suspected error. If you tell us orally, or by electronic mail through the Service, we may require that you send your complaint in writing within ten (10) Business Days. We will tell you the result of our investigation within ten (10) Business Days after we receive your complaint and will correct any Service error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint or question. If we decide to do this, we will recredit the affected account within ten (10) Business Days after we hear from you, (20) business days if the error involves a transfer to or from the account within 30 days after [something I cant read cause its cut off ]the first deposit to the account was made, for the amount that you think is in error in order that you may have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within ten (10) Business Days, we may not recredit your account. If we decide that there was no error, we will mail or transmit to you a written explanation within three (3) Business Days after we have completed our investigation, and within (10) Business Days of the date of such explanation, we will debit your account of the amount previously recredited to you for use during the time it took us to complete our investigation.
  4. You may ask for copies of documents used during our investigation.

VII. ACCOUNT INFORMATION

We may disclose information to third parties about your accounts:

  1. When it is necessary for completing transfers.
  2. In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant.
  3. In order to comply with a government agency or court order.
  4. In connection with examinations by state and federal banking authorities.
  5. If you give us written permission.
  6. Where we have closed your account due to an overdraft or overdrafts, we may disclose this fact to a consumer reporting agency.

VIII. GENERAL

  1. Additional Terms and Conditions. In addition to these Rules, you agree to comply with the account rules for your First Bank & Trust deposit and/or loan accounts, and applicable state and federal laws and regulations. We agree to comply with these requirements, too. If any of these Rules conflict with any term of your account rules, these Rules will control.
  2. Assignment. You may not transfer or assign your rights or responsibilities under these Rules without prior written consent. We may assign our rights and obligations at any time without notice to you.
  3. Effect. These Rules obligate and benefit you, us, and our permitted assigns. None of your obligations under these Rules is waived unless we expressly waive it in writing. We may change these Rules at any time. If we do, we will send notice of the change to you at your address reflected in our records. By using the Services after receiving the notice of changes, you agree to the changes. If we delay in exercising our rights or enforcing your responsibilities under these Rules, this does not mean that we waive the right or responsibility.
  4. Disputes. If there is a dispute between you and us regarding the Services, you and we agree to look to these Rules for the answer, and not to any other written materials or statements. You also agree that our reasonable interpretation of these Rules will control the meaning of these Rules, and that the Rules will not be interpreted against our interest simply because we drafted them.
  5. Governing Law. These Rules and the Services are governed by and will be interpreted under the law of the State of Illinois, except conflicts-of-law rules.
  6. Privacy. First Bank & Trust recognizes that our customers visiting our Online Sites have an expectation of privacy in those dealings with us. For this reason, First Bank & Trust takes security and the privacy of customer information very seriously. Please see First Bank & Trust’s Privacy Policy which can be found on our website for more specific terms and conditions.
  7. Indemnification. You agree to indemnify, defend and hold the Bank, its employees, agents, officers and directors harmless from and against all liability, cost and expense, including attorneys’ fees, incurred by First Bank & Trust in connection with this Agreement or the performance of its duties hereunder, or arising out of any violation by Company of rights in the System.
  8. "Cookies". To provide better service and a more effective Web site, we will use "cookies" as part of our interaction with your browser. A "cookie" is a small text file placed on your hard drive by our Web page server. This is used to determine whether you are a first-time visitor or a return visitor. You may prevent the placement of cookies by setting your Web browser to notify you before a cookie is to be placed. This will give you the opportunity to decline the cookie. You must accept the cookies, however, when you enter areas where you need to register, such as Online Banking, or where you are able to customize the information you see. This is necessary for site administration and security.

Business Express Online Banking

These Rules govern your use of the services of First Bank & Trust’s business Internet banking product, "Business Express". You agree to these Rules by signing a Business Express enrollment form ("Enrollment Form"). In these Rules, "Business Day" means Monday through Friday excluding normal banking holidays. "We", "us", and "our" mean First Bank & Trust. "Electronic Banking Account(s)" means your deposit account(s) with First Bank & Trust which you have designated as Electronic Banking Account(s) or Bill Payment Account on your Application. "Equipment" means the telephone, computer hardware, and/or other equipment we have approved for obtaining access to Business Express and the Services hereinafter defined. "Merchant" means a third party to whom you direct us to send a payment. "Payment Account(s)" means your First Bank & Trust checking account(s) that you have designated in the Enrollment Form as Bill Payment Account "Payment Date" means the date you specify in a payment or transfer instruction as the date that a payment or transfer should be completed, or, if the date you specify is not a Business Day, the next Business Day following that date. "Services" means electronic banking services provided by us, specifically including the services described in these Rules.

Except for Errors and Questions addressed by Section VI of these Rules, you may contact us with your questions at: First Bank & Trust, 820 Church St., Evanston, IL. 60201 (847) 733-7400

I. The Services
II. Charges
III. Suspension/Termination
IV. Warranties
V. Liability for Unauthorized Payments and Transfers
VI. Errors and Questions
VII. Account Information
VIII. General

I. THE SERVICES

  1. Equipment. You must obtain and maintain Equipment at your own expense. You must use Equipment to contact us to receive the Services.
  2. Security Code. We will issue you a unique security code (the "Security Code"). You agree to provide your Security Code to us whenever you contact us to obtain Services. You agree that you will not give your Security Code to any other person or make your Security Code available to any other person. If you believe that your Security Code has been lost or stolen, or that unauthorized transfers or payments have been made by us from your First Bank & Trust accounts, you agree to notify us IMMEDIATELY by phone anytime during our customer service hours or send us an electronic message.
  3. Account Information. You may obtain information about your Electronic Banking Account(s) through us.
  4. Transfers and Payments. Subject to these Rules, you may transfer funds between any of your Electronic Banking Accounts, and/or use our Bill Pay service to send payments from the Payment Accounts to Merchants. However, we may refuse to accept any payment or transfer instruction, for any reason. Payment of taxes or court directed payments through the Service, and payments and transfers to or from Passbook Savings accounts, are not allowed. Unless we complete a payment or transfer immediately, you may cancel or modify the payment until 1:00 pm Central Time on the Payment Date.
  5. Failed Payments and Transfers. If we are unable to process a transaction for any reason (for example, because there are insufficient funds in your account) the transaction will result in a "Failed Payment and/or Transfer." We may charge the entire amount of any Failed Payment or Transfer to any of your First Bank & Trust accounts, or bill you for the amount.
  6. Third Party Providers. You authorize us to use third parties to provide the Service to you on our behalf. You understand and agree that we will use Metavante Corporation as one such third party provider. All references to "we", "us", and "our" in these Rules include any third party providers we have chosen to use.
  7. Timeliness and Accuracy. We will use reasonable efforts to cause transfers or payments to be completed as close as reasonably possible to the Payment Date. You authorize us to choose the most effective method to process your payment or transfer, including electronic, paper, or other means. YOU UNDERSTAND THAT THE TIME IT TAKES US TO COMPLETE PAYMENTS MAY BE DIFFERENT DEPENDING ON THE MERCHANT INVOLVED. SOME PAYMENTS MAY BE COMPLETED THE SAME OR NEXT DAY, WHILE OTHERS MAY REQUIRE FIVE (5) DAYS OR EVEN MORE. YOU ARE RESPONSIBLE TO KNOW THE TIME IT WILL TAKE US TO COMPLETE A PAYMENT TO ANY MERCHANT AND TO ALLOW US ENOUGH TIME TO COMPLETE THE PAYMENT BETWEEN THE DATE OF YOUR PAYMENT INSTRUCTION AND THE PAYMENT DATE.
  8. Our Responsibility to You. If you have followed these Rules, we will reimburse you for any late charge assessed to you because we failed to complete that payment by the Payment Date, up to a maximum of $50.00 per payment, unless we are not responsible to you for one of the reasons listed in Section i below. THIS IS OUR ONLY OBLIGATION TO YOU FOR FAILURE TO COMPLETE ANY PAYMENT. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.
  9. Limitations on Our Responsibility. We are not responsible for any failure to complete or delay in completing any transfer or payment due to any of the following:
    1. Your failure to obtain a confirmation number at the time you initiate a transfer instruction.
    2. The Payment Account does not contain sufficient funds to complete the payment or transfer.
    3. The Payment Account has been closed.
    4. We identify you as a credit risk and choose to complete all your payments by paper means, or to terminate your use of the Services.
    5. Equipment or any communications link is not working properly.
    6. The Services are not working properly and you know or we have told you about the problem before you send the
    7. payment or transfer instruction.
    8. You have provided us with incorrect information about the Merchant you wish to pay or the accounts to which you wish to make a transfer.
    9. The Merchant mishandles or delays handling any payment we send.

Circumstances beyond our control (for example, fire, flood, interference from an outside source) prevent the transfer or payment from being completed and we took reasonable precautions to avoid these circumstances. OTHER THAN AS EXPRESSLY STATED IN SECTION 1.i., WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY, WHETHER CAUSED BY YOUR EQUIPMENT OR SOFTWARE, THE SERVICES, OR ANY TECHNICAL OR EDITORIAL ERRORS CONTAINED IN OR OMISSIONS FROM ANY USER GUIDE RELATED TO THE SERVICES. IN NO CASE ARE WE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE TO YOU

  • Statements. All payments or transfers we make from your First Bank & Trust accounts will be shown on the monthly account statements you receive from First Bank & Trust. It is your responsibility to review the statements we provide to you regarding your Electronic Banking Accounts. You must immediately report to us any errors, incorrect transactions, or transactions that you believe to be unauthorized.

New Services/Change in Service. We may, from time to time, introduce new services or enhance the existing Services. We will notify you of the existence of these new or enhanced services, and the terms and conditions related to these services. If you use any of these services after receiving this notice, you agree to be bound by the terms and conditions for the service. We may at any time change or discontinue any aspect or feature of the Services, including content, hours of availability, and equipment needed for access or use. We will notify you if we do this.

II. CHARGES

A monthly fee will be charged to the Payment Account you designated in the Enrollment form. You agree to pay these monthly fees, plus any applicable sales and use taxes. You also will be required to pay all fees and charges associated with your First Bank & Trust deposit and/or loan accounts as described in your First Bank & Trust deposit account rules or credit agreement.

III. SUSPENSION/TERMINATION

We may terminate your use of the Services, in whole or in part, at any time without prior notice to you. In the event you initiate repeated Failed Payments and/or Transfers, we may suspend your use of the Services without prior notice to you. All inquiries and correspondence related to suspension of the Service, including reinstatement requests, must be sent to First Bank & Trust at the address provided in these Rules. We will notify you of any suspension or termination of the Service by sending a letter to you at your address reflected in our records or e-mailing you at the e-mail address provided in your application. You may terminate your access to the Services upon providing thirty (30) days prior written notice to First Bank & Trust at the address provided in these Rules. We may complete, and you will be responsible for, all payments and/or transfers you requested before termination and for all other fees, charges, and taxes related to those transactions. YOU MUST CANCEL ALL OUTSTANDING PAYMENT AND/OR TRANSFER INSTRUCTIONS DURING THE 30 DAY NOTICE PERIOD. WE ARE NOT RESPONSIBLE TO YOU IF WE MAKE A TRANSFER OR PAYMENT AFTER TERMINATION UNLESS YOU HAVE CANCELED THE PAYMENT OR TRANSFER AS PROVIDED IN THESE RULES.

IV. WARRANTIES

We warrant that we have the right to grant you a license to use the Services as described in these Rules, and that we have authority to provide the Services to you. NEITHER FIRST BANK & TRUST NOR ANY THIRD PARTY PROVIDER WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICES, ANY LICENSED SOFTWARE, RELATED DOCUMENTATION, AND ANY AND ALL OTHER SOFTWARE, SERVICES, AND/OR DOCUMENTATION WE PROVIDE TO YOU ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND AND WE SPECIFICALLY EXCLUDE AND DISCLAIM ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE SERVICE.

V. LIABILITY FOR UNAUTHORIZED PAYMENTS AND TRANSFERS

If you believe that your Security Code has been lost or stolen, notify us IMMEDIATELY as described in Section I.a. in order to keep your possible losses down. If you notify us within two (2) Business Days after you learn of the loss or theft, your maximum liability for unauthorized payments or transfers is $50.00.

If you do not notify us within two (2) Business Days after you learn of the loss or theft of your Security Code, and we can prove that we could have prevented someone else from using your Security Code had you done so, your maximum liability for unauthorized payments or transfers is $500.00.

If your First Bank & Trust bank account statement shows payments and/or transfers through the account that you did not authorize, notify us IMMEDIATELY. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not get back any of the money you lost if we can prove that we could have prevented additional unauthorized transfers or payments had you told us in time. If a good reason (for example, a hospital stay or a long trip) prevented you from telling us sooner, we may, if we choose, extend this time.

An "unauthorized transfer" is a transfer by a person who does not have actual, implied, or apparent authority to use your Security Code, and which does not benefit you. If you give your Security Code to another person, all transfers by that person are authorized unless and until you notify us that transfers by that person are no longer authorized. You agree that any transfer from your account by a joint holder or other person with an interest in your account is not an unauthorized transfer.

VI. ERRORS AND QUESTIONS

Contact us as soon as possible if you think that a payment or transfer shown on your statement is in error or if you need more information about a payment or transfer shown on your statement. You may contact the helpline at (800)733-9970 from 6:00am to 6:00pm Central Standard Time on weekdays. E-mail is available through the site at all times.

We must hear from you no later than sixty (60) days after you received the first statement on which the problem or error appeared.
When you write or call us, you must:

  1. Tell us your name and Security Code.
  2. Describe the payment and/or transfer you are unsure about (Merchant name, account information, transaction date, transaction amount) and explain as clearly as you can why you believe it is an error or you need more information. If possible, please provide us with a confirmation number for the transaction.
  3. Tell us the dollar amount of the suspected error. If you tell us orally, or by electronic mail through the Service, we may require that you send your complaint in writing within ten (10) Business Days. We will tell you the result of our investigation within ten (10) Business Days after we receive your complaint and will correct any Service error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint or question. If we decide to do this, we will recredit the affected account within ten (10) Business Days after we hear from you, for the amount that you think is in error in order that you may have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within ten (10) Business Days, we may not recredit your account. If we decide that there was no error, we will mail or transmit to you a written explanation within three (3) Business Days after we have completed our investigation, and within (10) Business Days of the date of such explanation, we will debit your account for the amount previously recredited to you for use during the time it took us to complete our investigation. You may ask for copies of documents used during our investigation.

VII. ACCOUNT INFORMATION

We may disclose information to third parties about your accounts:

  1. Where it is necessary for completing transfers.
  2. In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant.
  3. In order to comply with a government agency or court order.
  4. In connection with examinations by state and federal banking authorities.
  5. If you give us written permission.
  6. When we have closed your account due to an overdraft or overdrafts, we may disclose this fact to a consumer reporting agency.

VIII. GENERAL

  1. Additional Terms and Conditions. In addition to these Rules, you agree to comply with the account rules for your First Bank & Trust deposit account(s), the terms of any loan contract(s), and applicable state and federal laws and regulations. We agree to comply with these requirements, too. If any of these Rules conflict with any term of your account rules, these Rules will control.
  2. Assignment. You may not transfer or assign your rights or responsibilities under these Rules without prior written consent. We may assign our rights and obligations at any time without notice to you.
  3. Effect. These Rules obligate and benefit you, us, and our permitted assigns. None of your obligations under these Rules is waived unless we expressly waive it in writing. We may change these Rules at any time. If we do, we will send notice of the change to you at your address reflected in our records. By using the Services after receiving the notice of changes, you agree to the changes. If we delay in exercising our rights or enforcing your responsibilities under these Rules, this does not mean that we waive the right or responsibility.
  4. Disputes. If there is a dispute between you and us regarding the Services, you and we agree to look to these Rules for the answer, and not to any other written materials or statements. You also agree that our reasonable interpretation of these Rules will control the meaning of these Rules, and that the Rules will not be interpreted against our interest simply because we drafted them.
  5. Governing Law. These Rules and the Services are governed by and will be interpreted under the law of the State of Illinois, except conflicts-of-law rules.
  6. Privacy. First Bank & Trust recognizes that our customers visiting our Online Sites have an expectation of privacy in those dealings with us. For this reason, First Bank & Trust takes security and the privacy of customer information very seriously. Please see First Bank & Trust’s Privacy Policy which can be found on our website for more specific terms and conditions.
  7. Indemnification. The Company agrees to indemnify, defend and hold the Bank, its employees, agents, officers and directors harmless from and against all liability, cost and expense, including attorneys’ fees, incurred by First Bank and Trust in connection with this Agreement or the performance of its duties hereunder, or arising out of any violation by Company of rights in the System.
  8. "Cookies". To provide better service and a more effective Web site, we will use "cookies" as part of our interaction with your browser. A "cookie" is a small text file placed on your hard drive by our Web page server. This is used to determine whether you are a first-time visitor or a return visitor. You may prevent the placement of cookies by settin your browser to notify you before a cookie is to be placed. This will give you the opportunity to decline the cookie. You must accept the cookies, however, when you enter areas where you need to register, such as Online Banking, or where you are able to customize the information you see. This is necessary for site administration and security.

Notice to Commercial Customers of the Prohibition against Transactions Restricted Under the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG

To Bank Commercial Customers:

Certain transactions are prohibited from being processed through your account or other relationship with this Institution under the Unlawful Internet Gambling Enforcement Act of 2006 (“Act”) and related regulations that have been issued by the Board of Governors of the Federal Reserve System and the United States Department of the Treasury (“Regulation GG”). The Institution is also required by the Act and Regulation GG to inform its commercial customers of this restriction.

The transactions which are prohibited are the following transactions or transmittals involving any credit, funds, instrument or proceeds that the Act prohibits any person engaged in the business of betting or wagering (except for activities of a financial transaction provider, or any interactive computer service or telecommunications service) from knowingly accepting, in connection with the participation of another person in unlawful Internet gambling:

(1) Credit, or the proceeds of credit, extended to or on the behalf of such person (including credit extended through the use of a credit card);
(2) An electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of such other person; and
(3) Any check, draft, or similar instrument that is drawn by or on behalf of such other person and is drawn on or payable at or through financial institution.

Internet gambling will generally be deemed to be unlawful unless it is expressly authorized by license issued by an appropriate State or Tribal authority. Please let us know if you have any questions.

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