Stillman Business Online Banking Agreement & Disclosure Statement
This Agreement states the terms and conditions that apply when you use Stillman’s Internet-based banking service, Stillman Online. The terms and conditions of this Agreement are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You must follow all of Stillman’s instructions and procedures applicable to the service covered by this Agreement.
The “Stillman Online” Service allows you to transfer funds, access accounts, obtain information, and perform other transactions over the Internet by use of a personal computer and/or other means we authorize or allow. Please read this entire Agreement prior to use of any of the services. By using this service you agree to comply with the terms and conditions of the Agreement. “We,” “Us,” or “Stillman” refers to Stillman BancCorp N.A. “You” and “Your” means each person who establishes a Stillman Online account with us, or who uses or is authorized to use your Stillman Online ID, Personal Identification Number (PIN), or other means of access we establish or approve.
The following terms will be used throughout this Agreement and are defined below:
Stillman Online ID
Identification number or letters used to access Stillman Online. Can be changed on-line and may contain both alpha and numeric characters.
Stillman Online PIN
Password associated with the Stillman Online ID used to access Stillman Online. Can be changed on-line and may contain both alpha and numeric characters.
The terms and conditions in this Agreement are in addition to any deposit account agreements you have with us, including, but not limited to, your signature card, Stillman BancCorp N.A. Directory of Financial Services and Account Disclosures which includes our Electronic Funds Transfer Disclosures, any loan agreement you have with Stillman, and any change of terms and notices.
IDENTIFICATION NUMBER AND PASSWORD
To access our Stillman Online Banking Service, you must use the Stillman Online ID or other means of access that we establish along with a PIN of your choosing. Anyone to whom you give your Stillman Online ID, PIN, or other means of access, may have full access to your account even though you may not have authorized such persons. You should not give your access information to any other person whom you do not want to access your account.
In order to maintain secure communications and reduce fraud, you agree to protect the security of your Stillman Online ID and PIN, codes, marks, signs, public keys, or other means of identification. We reserve the right to block access to the service to maintain the security of our site and its systems, if we reasonably believe your access codes have been or may be obtained, or are being used or may be used by an unauthorized person(s). However, Stillman does not assume any responsibility to monitor activity in your accounts for unauthorized usage or to otherwise detect or protect against unauthorized usage.
Additionally, under no circumstances will a Stillman employee request your PIN or password via the Internet, e-mail, or by any other means. DO NOT respond to such a request even if the individual claims to represent Stillman. Also, you should not send confidential information via regular e-mail. There is a secure email link within Stillman Online that may be used for this purpose, if necessary.
You may not designate any account that requires more than one signature for withdrawals.
You, or someone you have authorized by giving them your Stillman Online ID and PIN, or other means of access (even if that person exceeds your authority), can instruct us to perform the following transactions:
- Make transfers between your qualifying accounts;
- Obtain information that we make available about your qualifying accounts; and
- Obtain other services or perform other transactions that we authorize.
We reserve the right to deny access to any account for any reason or to deny transactions under circumstances determined by Stillman.
LIMITS ON INTERNET BANKING TRANSACTIONS
You must have enough available money or credit in any account from which you or an authorized user instruct us to make a transfer. You should refer to the deposit agreements and signature cards for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using the services are counted against the permissible number of transfers described in the Deposit Agreement.
We will honor a stop payment request by the person who initiated the particular item, or if it is a joint account, we will accept a stop payment from any joint owner regardless of who initiated the payment. To be effective, a stop payment order must be received in time to give us a reasonable opportunity to act on it, and must precisely identify the item to be stopped, i.e., date, amount of the item, payee, etc. We will charge your account a stop payment fee as listed in the current Stillman BancCorp N.A. Directory of Financial Services and Account Disclosures. Oral requests or requests via Stillman Online should be confirmed in writing within fourteen (14) days.
CANCELLATION OF PAYMENTS
Any transfer can be changed or cancelled, provided you access Stillman Online before the cut off time on the business day the transfer is to be processed.
Stillman’s LIABILITY FOR FAILURE TO COMPLETE TRANSFERS
We will make a reasonable effort to complete a transfer on time or in the correct amount according to Stillman’s Account Agreement with you. Examples of situations in which Stillman holds no liability for completing transfers include, but are not limited to, the following:
- If, through no fault of Stillman Bank, you do not have enough available money in the account from which a transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a transfer because of insufficient funds.
- If any transfer would go over the credit limit of any account.
- If your equipment or Stillman’s was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
- You did not receive a transfer number for the transaction, or you cannot produce a valid transfer number for the transaction
- If you have not given us complete, correct, or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.
- If you do not properly follow Stillman’s instructions, or if you provide us with wrong or inaccurate information, or fail to correct or tell us about any inaccuracy of which you are aware.
- If you do not instruct us soon enough for your transfer to be received and credited by the time it is due.
- If the money in the account from which a transfer is to be made is subject to legal process or other claim that restricts the transaction.
- If circumstances or persons beyond Stillman’s control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.
- Through the exercising of any right granted and authorized by the account or other agreements you have with us.
The Bank is not liable for:
- A failure to perform, or a loss resulting from an event or condition beyond the reasonable control of Stillman, including but not limited to: equipment failure, communications breakdown or interruption, acts of God, labor disputes, or interruption of service by ACH or other payment networks.
- Punitive, exemplary, consequential, indirect, remote, or special damages.
- The loss of confidentiality, or security of data or other payment information while in transmission over communication lines, in the postal system, or in an ACH or other network.
EQUIPMENT & SOFTWARE
You are responsible for the installation, maintenance, and operation of your computer and its software. Stillman is not responsible for any errors or failures from any malfunction of your computer or the software. We are also not responsible for any computer virus or related problems that may be associated with the use of any on-line system including the Stillman Online Banking Service. Stillman highly recommends the use of manufacturer recommended virus detection software.
Stillman’s service is generally available 24 hours a day, 7 days a week, except during maintenance periods. However, we only process transactions and update information on business days. Stillman Online’s business days are Monday through Friday, with each day ending at 5:00 p.m. Holidays are not included. Any Internet banking transactions made on a day that is not a business day, or made after 5:00 p.m. on a business day, will be treated as if they are made on the next Stillman Bank business day.
Stillman Bank will not provide any receipt or documentation of any transfers other than the regular monthly statement associated with the banking account. Any transfer will be accompanied with a corresponding transfer number. You should print this transfer number and use it to verify the transfer on your monthly statement.
ELECTRONIC MAIL (E-Mail)
If you send Stillman a properly executed e-mail message, it is agreed that we will have received the e-mail message on the following business day. Stillman will respond to your e-mail within a reasonable length of time. DO NOT rely on e-mail to communicate messages that require immediate attention. This includes notifying Stillman of unauthorized use of your PIN. You agree to allow us to communicate with you via e-mail pertaining to any matter relating to the Stillman Online service. This includes a response to your notification to Stillman regarding unauthorized use of your ID and PIN. E-mail will be considered received by you after 3 days from the date Stillman sent the e-mail to you regardless if you sign on or use your Internet Service during that period. E-mail will be sent to the e-mail address on record, which you provide when accessing Stillman Online. You are responsible for notifying us immediately if you change your e-mail address. Stillman is not responsible for losses you incur if you fail to notify us of the e-mail change.
You are liable for all transactions that you or anyone that you give access performs, even if such person exceeds your authority. If you have given someone your Stillman Online ID and PIN or other means of access and want to terminate that person’s authority, you must change your password or other means of access or notify Stillman to prevent further access by such person. Any transfer initiated by someone to whom you have furnished your ID and PIN is considered authorized until you change your ID and PIN and have not furnished the new ID and PIN to unauthorized users. If you notify Stillman within two (2) business days after learning of the loss or theft of your ID and PIN, you can lose no more than $50.00 for the unauthorized use of your ID and PIN. If you fail to notify us within two (2) business days after you learn of the loss or theft of your ID and PIN, and we can prove we could have stopped someone from using your ID and PIN if you had notified us promptly, you may be liable to Stillman for as much as $500.00. Also, you must report to Stillman an unauthorized transaction that appears on your periodic statement within sixty (60) days after the statement was mailed to you to avoid liability for subsequent unauthorized transfers. If you fail to notify us within such sixty (60) day period, you may be liable to Stillman for the amount of the unauthorized transfers or payments that occur after the close of the sixty (60) days and before notice to us if we can show that you could have stopped the unauthorized banking transaction if you had notified us in a timely manner. You agree to assist Stillman in its efforts to recover any funds that were transferred or paid without your permission or consent or otherwise authorized.
UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR INTERNET BANKING IDENTIFICATION OR PASSWORD
If you believe your Stillman Online ID, PIN, or other means of access have been lost or stolen or that someone has used them without your authorization, call us immediately at 877-523-5645 (if the bank is closed, please leave a message on our voice mail system) or write us at Stillman BancCorp N.A., P.O. Box 150, Stillman Valley, IL 61084.
ERRORS OR QUESTIONS
Your Stillman Online transfers will be indicated on the periodic statements we provide or make accessible to you for your accounts. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement, or statement information.
In case of errors or questions about the Stillman Online Service or transactions, you must notify us at once. We must hear from you no later than sixty (60) days after we send you the first statement on which the problem or error appeared. For all errors, you must:
- Tell us your name, account number(s), and address;
- Describe the error about which you are unsure and explain as clearly as you can why you believe it is an error or why you need more information;
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send your complaint or question, in writing, within ten (10) business days.
We will tell you the results of Stillman’s investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time; however, we may take up to 45 days to investigate the complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete the investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not re-credit your account.
If we decide there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents that we used in the investigation.
NO SIGNATURE REQUIRED
When using the service to conduct banking transactions, you agree that we may debit your account to complete the banking transactions, or honor debits you have not signed.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
We respect your privacy. We will disclose information to third parties about your account or the banking transaction(s) that you make only in the following situations:
- Where it is necessary for completing banking transactions;
- In order to verify the existence and condition of your account(s) to a third party, such as a credit bureau;
- In order to comply with laws, government agency rules or orders, court orders, or officials having legal authority to request such information;
- If you give us your written permission.
The provisions of this “Joint Accounts” section apply if your accounts subject to the services with us are jointly owned. Each of you is jointly and severally obligated under the terms of this Agreement as well as the original Account Agreement(s) governing your joint accounts. Each of you acting alone may perform transactions, obtain information, terminate this Agreement or otherwise transact business, take actions, or perform under this Agreement. We are not required to obtain the consent of, or notify either of you of actions taken by the other. However, each of you will only be permitted to access accounts for which you are an owner or authorized user. Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your Stillman Online accounts. Each of you agrees to indemnify us and hold us harmless from and against any and all liability (including, but not limited to, reasonable attorney fees) arising from any such claims or actions.
There are no fees currently for accessing your accounts through Stillman Online. (For businesses, a fee will apply. Please see your Retail Banker for details.) However, fees, as described in the applicable product or account disclosure or Stillman Fee Schedule, may apply to services ordered online and to transfers from a loan account. You authorize us to automatically deduct all applicable charges and fees from your account. Please note that your Internet Service Provider and/or phone company, depending on the arrangement you have established with them, may assess fees.
Stillman may, from time to time, offer and introduce new Internet products and services. We will notify you of these new services and products. By using these services when they become available, you agree to be bound by the rules, which have been communicated to you, concerning these services and any fees associated with the new services.
If during a consecutive 60-day period you do not access Stillman Online, Stillman reserves the right to terminate your access privileges. If you wish to reactivate your service, new agreements and applications will need to be filled out and executed.
TERMINATION OF ACCOUNT ACCESS
If at any time you do not comply with the terms of this Agreement and the agreement that governs your deposit accounts that you can access through Stillman Online, Stillman can terminate your access to those accounts through Stillman Online. Your account can be terminated for non-payment of fees (if applicable) or if your accounts are not kept in good standing with us. If we terminate your Stillman Online account for cause, you are responsible for all fees, charges, overdraft amounts on the account at the time the account is terminated, and any collection fees we incur while trying to collect the fees, charges, or overdraft amount.
Stillman may waive any term or condition of this Agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or condition in the future.
This Agreement and the Stillman Online service are governed by the laws of the State of Illinois, including the applicable provisions of the Uniform Commercial Code and all applicable federal laws and regulations.
Children’s Online Privacy Protection Act of 1998
We do not knowingly solicit data from children, and we do not knowingly market to children. We recognize that protecting children’s identities and privacy online is important and that the responsibility to do so rests with both the online industry and with parents.