First Bank Express: More Information
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
Equipment. You must obtain and maintain Equipment at your own expense. You must use Equipment to contact us to receive the Services.
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.
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:
- Your failure to obtain a confirmation number at the time you initiate a payment or transfer instruction.
- The Payment Account does not contain sufficient funds to complete the payment or transfer. The Payment Account has been closed.
- 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.
- Equipment or any communications link is not working properly.
- 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.
- 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.
- 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.
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.
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.
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.
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.
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.
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:
- Tell us your name and Security Code.
- 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.
- 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.
- You may ask for copies of documents used during our investigation.
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.
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.
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.
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.
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.
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.
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.
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