ePersonal Banking Access Agreement and
Electronic Funds Transfer Act Disclosure
Agreement, which includes the eBanking Services, and any amendment or addenda
to any of the foregoing is a contract, which establishes the rules that cover your
electronic access to your accounts at Chemical Bank ("BANK") through
eBanking (Internet), ("SYSTEM"). By using SYSTEM, you accept all the
terms and conditions of this Agreement. Please read it carefully. The terms and
conditions of the deposit agreements and disclosures for each of your BANK
accounts as well as your other agreements with BANK, such as loans, continue to
apply notwithstanding anything to the contrary in this Agreement. This
Agreement is also subject to applicable federal and state laws (except to the
extent this Agreement can and do vary such rules or laws). If any provision of
this Agreement is found to be unenforceable according to its terms, all
remaining provisions will continue in full force and effect. The headings in
this Agreement are for convenience or reference only and will not govern the
interpretation of the provisions. Any waiver (express or implied) by either
party of any default or breach of this Agreement must be in writing and shall
not constitute a waiver of any other or subsequent default or breach. You may
not assign this Agreement. This Agreement is binding upon your heirs and Banks
successors and assigns. Certain obligations of the parties pursuant to this
Agreement that by their nature would continue beyond the termination,
cancellation or expiration of this Agreement shall survive termination,
cancellation or expiration of this Agreement. This Agreement, together with the
Application Form and Fee Schedule, constitutes the entire agreement between you
and BANK with respect to the subject matter hereof and there is no
understandings or agreements relative hereto which are not fully expressed
following definitions apply in this Agreement:
"our," "us" and "BANK" mean Chemical Bank.
and "your" refer to the account holder authorized by BANK to use
SYSTEM under this Agreement and anyone else authorized by that account holder
to exercise control over the account holder's funds through SYSTEM
"Account" or "accounts" means your accounts at BANK.
is the internet-based service providing access to your Bank account(s).
is the online service that enables the scheduling of bill payments using a
ID” is the Customer-selected identification code used for connection to the
is the Customer-selected identification code that establishes your connection
to the Service.
funds transfers" means ATM withdrawals, pre-authorized transactions, point
of sale transactions and transfers to and from your BANK accounts using SYSTEM
including bill payments.
means Financial Institution.
Services" means the services provided pursuant to this Agreement,
including the Bill Payment Service. "Business days" mean Monday
through Friday, excluding holidays observed by the Bank.
You can use SYSTEM to check the balance of
your BANK deposit and loan accounts, view BANK account histories, pay Chemical
Bank loans and transfer funds between your BANK accounts and BANK accounts in
which you are not an owner. Additional services are: view check images,
re-order checks, place a stop payment, order Savings Bonds, view electronic
statements, transfer funds to deposit accounts at another FI, change your
address, and pay bills from your BANK accounts in the amounts and on the dates
you request. (Federal regulations restrict the number of electronic
transfers from savings or money fund accounts to no more than six during each
monthly statement cycle.) Balance and activity information are available as
of the previous business day.
To use SYSTEM, you must have at least one
account at BANK, access to Internet service and a valid email address. Once you
complete Instant Registration and BANK validates your personal information from
within our core system, you will receive access to SYSTEM. SYSTEM can be used
to access only the BANK accounts, which you are listed as a signer. We
undertake no obligation to monitor transactions through SYSTEM to determine
that they are made on behalf of the account holder.
Accounts that continue to be inactive for 6 months
will be deactivated. system.
Hours of Access
You can use SYSTEM seven days a week,
twenty four hours a day, although some or all SYSTEM services may not be
available occasionally due to emergency or scheduled system maintenance. We
agree to post notice of any extended periods of non-availability on BANK
For purposes of transactions, the Bank's
business days are Monday through Friday, excluding holidays and weekends. All
Online Banking transaction requests received after 5:00 p.m. on business days
and all transactions which are requested on Saturdays, Sundays, or holidays on
which the Bank chooses to remain closed, will be processed on the Bank's next
business day. The Bank's business day begins at 9:00 a.m.
You accept responsibility for the
confidentiality and security of your password and agree to change your password
regularly. You determine what password you will use and the identity of your
password is not communicated to us. You agree that we are authorized to act on instructions
received under your password. Upon three unsuccessful attempts to use your password,
your access to SYSTEM will be locked. You must
contact us during normal business hours to have your access unlocked or to
obtain a new temporary password. If you have forgotten your password and are
not locked you can complete the forgotten password feature by entering your
personal information and creating a new password. Passwords cannot be reused
for five cycles. We require that you create a password that utilizes at least
three of the following for purposes of security; upper and lower case, alpha or
special characters. You may be prompted to answer two Security Questions to
gain access back to SYSTEM. Your password should not be associated with any
commonly known personal identification, such as social security numbers,
address, date of birth or names of children, and should be memorized rather
than written down. For your protection, utilizing password save features
is not recommended for financial applications. Do not leave your PC
unattended while you are logged in to eBanking. If you believe your
Password has been lost or stolen, please use the Change Password feature within
eBanking to change your Password immediately and notify our customer support
staff at 800-943-7386.
You understand the importance of your role
in preventing misuse of your accounts through SYSTEM and you agree to monitor
your accounts regularly online and promptly examine your account statement for
each of your BANK accounts as soon as you receive it. You agree to protect the
confidentiality of your account and account number, and your personal
identification information, such as your driver's license number and social
security number. You understand that personal identification information by
itself, or together with information related to your account, may allow
unauthorized access to your account. Your Password and Login ID are intended to
provide security against unauthorized entry and access to your accounts. Data
transferred via SYSTEM is encrypted in an effort to provide transmission
security and SYSTEM utilizes identification technology to verify that the
sender and receiver of SYSTEM transmissions can be appropriately identified by
each other. Notwithstanding our efforts to ensure that the SYSTEM is secure,
you acknowledge that the Internet is inherently insecure and that all data
transfers, including electronic mail, occur openly on the Internet and
potentially can be monitored and read by others. We cannot and do not warrant
that all data transfers utilizing BANK SYSTEM, or email transmitted to and from
us, will not be monitored or read by others.
Fees and Charges
You agree to pay the fees and charges for
your use of SYSTEM Services as set forth in the current fee schedule. You agree
that all such fees and charges will be deducted from your BANK checking
account. You agree to pay any additional reasonable charges for services you
request, which are not covered by this Agreement. You are also responsible for
telephone and Internet service fees you incur in connection with your use of
Posting of Transactions
Transactions processed through SYSTEM
before their respective cut-off time (Eastern Time) on a business day are
processed the same day. Transactions completed after their respective
cut-off time (ET) on a business day, Saturday, Sunday or banking holiday will
be posted on the next business day. For all transactions made
using SYSTEM, the time recorded by SYSTEM will be considered the official time
of the transaction. SYSTEM identifies transactions based upon the User ID
of the user who made the electronic transaction. Accordingly, you understand
and acknowledge that SYSTEM will not reflect transactions made by multiple
users from the same account. You agree to communicate with any other persons
with authorized access to your accounts concerning any transactions from your
accounts in order to avoid overdrafts
System Cut-Off Times
Same Day as Initiated within System
Same Day (Real-Time)
8:00 p.m. (ET)
All Bill Pay Payments
Same Day as the Initiated Date
Deliver by Date
12:00 p.m. (ET)
Account to Account Transfers
Same Day as the Initiated Date
3 or 4 business days later
3:00 pm (ET)
** For more
information on Account to Account Transfers please see Bank to Bank Transfer
Availability of Funds
To complete a payment through the service,
you must have sufficient available funds on deposit in your account or have a
sufficient unused credit line that is tied to that account at the time of
Overdrafts (Order of Payments, Transfers and other Withdrawals)
If your account has insufficient funds to
perform all electronic fund transfers you have requested for a given business
day, then: (1) Electronic funds transfers involving currency
disbursements, like ATM withdrawals, will have priority; (2) Electronic
fund transfers initiated through SYSTEM, which would result in an overdraft of
your account may be canceled, at our discretion; (3) In the event the
electronic fund transfers initiated through SYSTEM, which would result in an
overdraft of your account are not canceled, overdraft charges may be assessed
pursuant to the terms of the deposit agreement for that account.
Limits on Amounts and Frequency of SYSTEM Transactions
The transfer limit for an online transfer
(not including Bill Pay) is $50,000.00. The number of transfers from BANK
savings or money fund accounts are limited pursuant to the terms of the
applicable deposit agreement and disclosure for those accounts. If a hold has
been placed on deposits made to an account from which you wish to transfer
funds, you cannot transfer the portion of the funds held until the hold
Cross Account Transfer
This service can be used to transfer funds
into a BANK deposit account for which you are not an owner on. It is your
responsibility to verify the account number entered for a cross account
transfer is valid and correct. Cross account transfer may only be used for
Chemical Bank checking and savings accounts. BANK is not responsible for
recovering funds sent to an incorrect account number due to input error.
This service allows you to create users within your System
Services and assign them different privileges and permissions. You are
responsible for creating and maintaining the user’s ID and Password. In the
event of a lockout, you are the only person who can unlock and/or reset’s the
user’s password. Chemical Bank will not be liable for any activity performed by
a user for whom you granted them entitlements.
Bill Pay Payment Service
The bill payment service allows you to pay bills out of a designated
account on a one-time or periodic basis to payees that you designate subject to
the limitations described below. Advantage and Classic checking accounts allow
20 free Bill Payments in a calendar month, after which they cost $0.55 each.
All other checking accounts allow 10 free Bill Payments a month, after which
they cost $0.55 each. The fee accumulated will be withdrawn from the designated
primary funding account that you have selected.
Person to Person Payments
You may set up another individual as an electronic
payee by inputting their routing and account number. The Bill Pay will be
delivered electronically to the other FI.
By paying a fee of $9.95 electronic bill payments can
be expedited and arrive at the destination the next business day. The expedited
payment must be submitted before the 12:00pm cutoff time in order to be
effective for the next business day.
Bill Pay Payment Limits
You may not schedule a single bill payment for greater
“Send on” date vs. “Deliver by” date
When scheduling a bill payment, note the difference
between the “SEND ON” date and the “DELIVER BY” date. The “SEND ON” date is
the date we will attempt to deduct the payment amount from your designated
account. If the attempted deduction fails because you did not have sufficient
funds in your primary account, we will send you an email indicating such. If
the second attempted deduction is not successful, the transaction will be
cancelled and you will be responsible for rescheduling. If the second
attempted deduction is successful, the payment will be processed and remitted
to the payee, however the “DELIVER BY” date will be one business day later. If
you receive an email because the first attempted deduction was not successful,
you should access SYSTEM to determine the date of the second deduction attempt.
If you schedule a payment with the “SEND ON” date as the current date, you must
have adequate funds in your account at the time the payment is scheduled. The
funds will be deducted shortly after you log out of the session. If you
schedule a payment with the “SEND ON” date in the future, there must be
adequate funds in your account when we attempt the deduction. This can occur
anytime between 12:01 am and 4:00 pm EST. The “DELIVER BY” date is the date
that you can expect the payee to receive your payment. The “DELIVER BY” date
for your payment should be no later than the due date the payee has indicated
for the payment. A payment will memo post to your account if the payment is
initiated before 12:00pm. If the payment is initiated after 12:00pm the payment
will memo post the following business day.
Payees that are not eligible for payment through this
service include governmental agencies including but not limited to the Internal
Revenue Service, all state and local tax authorities, collection agencies, as
well as recipients of court-ordered payments like child support or
alimony. Any organizations or individuals outside of the United States are also excluded. Payments to government agencies for utilities such
as water are permitted. If a payment is made to a prohibited payee, the
Payment Guarantee does not apply and this service will not be liable for any
fees or other penalties associated with that payment.
Payments to the following payees are not permitted
through this service:
payees outside of the United States
payments such as alimony, child support, speeding tickets, etc.
If a properly scheduled payment is not received and
posted on time by the payee, we will attempt to remove any late fees or
assessed finance charges. (Finance charges are calculated based on your payment amount rather than
your entire balance.) If
the payee is unwilling or unable to remove them, we will pay the fees and
finance charges directly to the payee. In addition, we will attempt to add a
note of explanation to your account to ensure that the situation does not
negatively impact your credit rating.
Payment Guarantee applies to late fees and/or finance charges associated with
the late posting of a payment, provided that the following conditions are met:
The payment was
scheduled to be delivered on or before the due date of your bill, excluding any
The payment was
not made to a prohibited payee (see below) or the following type of payee:
to payees located in the Armed Forces Postal Codes, such as AE & AP
to settle securities transactions
to payoff special or delayed financing for purchases
to credit counseling agencies who pay creditors on your behalf
supplied by you is correct (payee name and address, your name and account
number as it appears on the payee's records)
sufficient funds in your account during our first deduction attempt on the
“SEND ON” date.
We will only be responsible for the direct fees or finance charges
associated with the late payment. We will not be responsible for any other
consequential damages that might arise from the late payment.
Cancelling Bill Payments
We may cancel a bill payment if we have reasonable
belief that the payment is fraudulent. If we cancel a payment, we will attempt
to contact you to inform you of this action.
You may cancel an outstanding bill payment at anytime
through eBillPay. Bill payments are considered outstanding until the “SEND ON”
Internet Email Notifications
It is important to keep a current Internet email
address on file with us, as we use this to communicate important security
events about your account to you such as:
User ID changes
address changes (sent to old and new addresses)
Adding new Payees
Adding new Users
We assume no responsibility for honoring a
Stop Payment Order if the description of the item that you provided us is
inaccurate or incomplete. If the check number is wrong or dollar amount
is off by even a penny, our processing equipment may not catch the item in
time. You agree to hold us harmless from all costs and expenses we incur,
including any attorney’s fees for consultation, at trial, and any appeals due
to our refusal to pay the item. You agree not to hold us liable if the item is
paid contrary to this Order and the payment is due to incorrect information you
supplied. Your Logon is the same as giving written permission to order an
online stop payment. This order and other written orders are valid for
six months (180 days) from the date the Stop Payment is placed and will
automatically terminate after six months unless renewed in writing.
Bill Payment Stop Payment
Once the bill payment has
been paid, you will need to contact us by telephone or chat to determine the
options available. You CANNOT cancel or stop a bill payment, which has been
paid electronically. You may be able to stop a SYSTEM bill payment paid by
paper draft before the paper draft has cleared. Stopping the payment of a check
is different from the cancellation/Stop Payment of a bill payment item.
Paper Check Stop Payment
request-written from your account
You may initiate stop
payment requests online via SYSTEM only for paper checks you have written on
your BANK accounts (not SYSTEM bill payer paper drafts.) Online stop payment
requests are processed real time when the stop payment has been submitted
online. To be effective, stop payment requests must precisely identify the
check number and the amount of the check. You will incur stop payment charges
as disclosed in the current fee schedule for the applicable account.
You will not receive a separate SYSTEM
statement. Transfers to and from your accounts using SYSTEM will appear online
and on the respective periodic paper statements or electronic statement for
your BANK accounts.
Errors or Questions
If you think your paper statement is
wrong, or if you need more information about a transfer listed on your paper
statement. We must hear from you no later than 60 days after we sent the FIRST
paper statement upon which the problem or error appeared. When you contact us:
us your name and account number.
the error or 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.
us the dollar amount of the suspected error.
us the account number used to pay the bill, payee name, the date the payment
was sent, payment amount and the payee account number for the payment in
If you contact us by
telephone or by email, we may require that you send us your complaint or
question in the form of paper writing by postal mail or fax within 10 business
days. We will communicate to you the results of our investigation within 10
business days after you contact us and will correct any error promptly. If we
need more time, however, we may take up to 45 days to investigate your
complaint or question. If we decide to do this, we will provisionally
credit your account within 10 business days for the amount you think is in
error, so that you will have the use of the money during the time it takes us
to complete our investigation. If we ask you to put your complaint or question
in writing and WE DO NOT receive it in the form of a paper writing within 10
business days, we may not provisionally credit your account. If we decide that
there was no error, we will send you a written explanation within three
business days after we finish our investigation. You may ask for copies of the
documents that we used in our investigation. If we have made a provisional
credit, a corresponding debit will be made from your account.
Your Liability for
CONTACT US AT ONCE if you believe your
password has been lost, stolen, used without your authorization, or otherwise compromised
or if someone has transferred or may transfer money from your accounts without
your permission. An immediate telephone call to us is the best way to reduce
any possible losses. You could lose all the money in your accounts (plus your
maximum overdraft line of credit, if any).
If you contact us within two business days
after you learn of the loss, theft, compromise, or unauthorized use of your
password, you can lose no more than $50 if someone used your password without
your permission. If you do NOT contact us within two business days after you
learn of the loss, theft, compromise, or unauthorized use of your password, and
we can prove we could have stopped someone from using your password to access
your accounts without your permission if you had told us, you could lose as
much as $500. Also, if your paper statement shows transfers that you did not
make, contact us at once. If you do not tell us within 60 days after the paper
statement was mailed to you, you may not get back any money you lost through
transactions made after the 60 day time period if we can prove that we could
have stopped someone from taking the money if you had told us in time. If a
good reason (such as a long trip or hospital stay) kept you from contacting us,
we will extend the time period.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or
from your account, including a bill payment, and cross account transfer, on
time or in the correct amount, according to our agreement with you when you
have properly instructed us to do so, we will be liable to you for your losses
or damages caused as a result. However, there are some exceptions. We will NOT
be liable, for instance:
through no fault of ours, you do not have enough money in your account to make
legal order directs us to prohibit withdrawals from the account.
your account is closed, or if it has been frozen.
the transfer would cause your balance to go over the credit limit of an
established line of credit or the credit limit for any credit arrangement set
up to cover overdrafts.
you, or anyone authorized by you, commits any fraud or violates any law or
any electronic terminal, telecommunication device, or any parts of the SYSTEM
electronic fund transfer system is not working properly and you knew about the
problem when you started the transfer.
you have not provided us with complete and correct payment information for the
Bill Payment Service, including, without limitation, the name, address, your
payee-assigned account number, payment date and payment amount for the payee on
a bill payment.
you have not properly followed the on-screen instructions for using SYSTEM.
circumstances beyond our control (such as fire, flood, interruption in
telephone service or other communication lines) prevent the transfer, despite
reasonable precautions that we have taken.
10. Improper handling or
transmission by a third party.
The Bank is not
responsible for any electronic virus or viruses that you may encounter. We
suggest that you routinely scan your computer using a virus protection
product. An undetected virus may corrupt and destroy your programs, files, and/or
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 SYSTEM Services provided to you
under this Agreement. We do not and cannot warrant that SYSTEM will operate
without errors, or that any or all SYSTEM Services will be available and
operational 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 this Agreement or by reason of your use of or access to SYSTEM, 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. Further, except as
specifically provided in this Agreement, in no event shall the liability of
BANK and its affiliates exceed the amounts paid by you for the services
provided to you through SYSTEM.
Your Right to Terminate
You may cancel your SYSTEM service at any
time by providing us with written notice by postal mail, fax, chat, or email
(once logged on to SYSTEM). Your access to SYSTEM will be suspended within
three business days of our receipt of your instructions to cancel the service.
You will remain responsible for all outstanding fees and charges incurred
before the date of cancellation.
Our Right to Terminate
You agree that we can terminate or limit
your access to SYSTEM Services for any of the following reasons:
1. Without prior notice, if
you have insufficient funds in any one of your BANK accounts. SYSTEM service
may be reinstated, at our sole discretion, once sufficient funds are available
to cover any fees, pending transfers, and debits.
2. Upon three business days
notice, if you do not contact us to designate a new Primary Checking Account
immediately after closing your Primary Checking Account.
3. Upon reasonable notice,
for any other reason at our sole discretion.
4. If we have reason to
believe fraud has occurred or is occurring on your account.
Changes that you wish to make to your name
or any aspect of the service should be communicated to the Bank. Address
changes submitted online will update your address with us for all future
Communications between BANK and You
Unless this Agreement
provides otherwise, you can communicate with us in any one of the following
us at any one of our branch locations.
Chat with a bank representative within SYSTEM during bank business
Note: Banking transactions
through SYSTEM are not made via email and email transmissions are not
secure. We advise you not to send us or ask for sensitive information
such as account numbers, Password, account information, etc via any
general or public email system. You should not rely on email if you need
to report an unauthorized transaction from one of your accounts or if you need
to stop a payment that is scheduled to occur. In-Session messaging should
be used instead to communicate information to BANK.
Facsimile (269) 983-1037.
E. Main Street
Disclosure of Account
Information and Transfers
The Bank may disclose information about
Chemical Bank and its Customers, as amended from time to time. You understand
information about your accounts or the transfers you make may automatically be
disclosed to others. For example, tax laws require disclosure to the government
of the amount of interest you earn, and some transactions, such as large
currency and foreign transactions, must be reported to the government. We may
also provide information about your accounts to persons or companies we believe
would use the information for reasonable purposes, such as when a prospective
creditor seeks to verify information you may have given in a credit application
or a merchant calls to verify a check you have written. In addition, we
routinely inform credit bureaus when accounts are closed because they were not
handled properly. We may also seek information about you from others, such as
the credit bureau, in connection with the opening or maintaining of your
account or in connection with approving your access to SYSTEM. You agree and
hereby authorize all of these transfers of information.
Change in Terms
We may change any term of this Agreement
at any time. If the change would result in increased fees for any SYSTEM
service, increased liability for you, fewer types of available electronic fund
transfers, or stricter limitations on the frequency or dollar amount of
transfers, we agree to give you notice at least 30 days before the effective
date of any such change, unless an immediate change is necessary to maintain
the security of an account or our electronic fund transfer system. We will post
any required notice of the change in terms on the BANK SYSTEM website or
forward it to you by email or by postal mail. If advance notice of the change
is not required, and disclosure does not jeopardize the security of the account
or our electronic fund transfer system, we will notify you of the change in
terms within 30 days after the change becomes effective. Your continued use of
the subject SYSTEM Services indicates your acceptance of the change in terms.
We reserve the right to waive, reduce or reverse charges or fees in individual
situations. You acknowledge and agree that changes to fees applicable to
specific accounts are governed by the applicable deposit agreements and
Consent to Electronic Delivery of Notices
You agree that any notice or other type of
communication provided to you pursuant to the terms of this Agreement, and any
future disclosures required by law, including electronic fund transfer
disclosures, may be made electronically by posting the notice on the BANK
SYSTEM website or by email. You agree to notify us immediately of any change in
your email address.
Revised: 7/25/2011 rc