Disclosures

IMPORTANT INFORMATION ABOUT PROCEDURES

For Opening a New 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 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.

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 contact us. You can also text the words HELP to 79680 to get additional information about the service. If you receive a message from us unexpectedly, you can text the word STOP to 79680. 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

Equipment. You must obtain and maintain Equipment at your own expense. You must use Equipment to contact us to receive the Services.

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.

Account Information.

You may obtain information about your Electronic Banking Account(s) through us.

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.

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 FIS 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.

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.

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 ‘Limitations on Our Responsibility’ section 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.

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. The Payment Account has been closed.
  3. 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.
  4. Equipment or any communications link is not working properly.
  5. 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.
  6. 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.
  7. The Merchant mishandles or delays handling any payment we send.
  8. 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

There is no fee for using First Bank Express. You 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 detailed in Section I above 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 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:

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

VIII. GENERAL

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.

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.

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.

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 except as prohibited by law. 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.

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.

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.

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.

"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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