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ELECTRONIC BANKING SERVICES DISCLOSURE AGREEMENT
Terms and Conditions
This Electronic Banking Service ("EBS") Disclosure ("Agreement") is the contract which covers your and our rights
and responsibilities concerning the EBS service offered to you by Albany Bank & Trust Co., N.A. ("Bank"). The
service permits you to electronically initiate account transactions involving your accounts and communicate with the
Bank. In this Agreement, the words "you", "your" and "yours" mean those who request and use EBS, any joint
owners of accounts accessed under this Agreement or any authorized users of this service. The words "we", "us"
and "our" mean the Bank. The word "account" means any one or more accounts you have with the Bank. By
requesting and using the EBS services offered, you jointly and severally agree to the terms and conditions in this
Agreement and any amendments.
Application for Electronic Banking Services
You may become eligible for Internet Banking Services/Telephone Banking ("IBS/TB") by submitting an Electronic
Banking Application. By signing the Electronic Banking Application, you agree to the terms of this Agreement. In
order to use EBS you must have and sign on a deposit or loan account in good standing with the Bank.
Account Access
If we approve your application for EBS, you may use your touch-tone telephone or personal computer to access your
accounts. You must use your IBS/TB account number along with your Personal Identification Number (PIN) to
access your accounts. EBS is accessible seven (7) days a week, almost twenty-four (24) hours a day through our
Internet site, www.albanybank.com or you may access your account by touch-tone telephone at 1-800-252-2656.
You are responsible for the installation, maintenance and operation of any software and your computer. The Bank
will not be responsible for any errors or failures involving any telephone service, internet service, software
installation or your computer.
Transactions
Transactions involving your deposit accounts, including checking account stop payment requests will be subject to
the terms of your account agreement and transactions involving a line of credit account will be subject to your loan
agreement and disclosures, as applicable.
Service Limitations
The following limitations on EBS transactions may apply in using the services listed in the EBS brochure.
a. Account Information
The account balance and transaction history information may be limited to recent account information involving
your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time
for ATM transactions and our Funds Availability Policy.
b. Transfers
These transactions are only allowed between Checking, N.O.W., Money Market, Passbook Savings, Statement Savings and Line
of Credit accounts of which you are an authorized signer (certain restrictions may apply).
c. Inactivity
Internet access to accounts will be disabled after 60 days of inactivity.
d. Bill Payments Feature
Bill Payments can only be made from a Checking or N.O.W. account on which you are a signer. Bill payment is only accessible
through IBS. You may become eligible for Bill Payment by signing and submitting a completed Bill Payment Merchant List.
You may authorize new payment instructions or edit previously authorized payment instructions for bill payments that are either
periodic and nonrecurring (i.e. payments on merchant charge accounts that vary in amount) ("periodic bill payments") or
automatic and recurring (i.e. fixed monthly mortgage payments) ("automatic bill payments"). When you transmit a bill payment
instruction to us, you authorize us to transfer funds to make the bill payment transaction from the account you designate. We will
process bill payment requests only to those payees designated in the Bill Payment Merchant List and such payees as you
authorize and for whom the Bank has the proper Vendor ID number. The Bank will not process any bill payment if the required
transaction information is incomplete. If there are insufficient funds in your account to make the bill payment request, we may
either refuse to make the payment or make the payment and transfer funds from any overdraft protection account you have
established. The Bank reserves the right to refuse to pay any person or entity to whom you may direct a payment. The Bank is
obligated to notify you promptly if it decides to refuse to pay a person or entity designated by you. The Bank reserves the right to
refuse to process payment instructions that reasonably appears to the Bank to be fraudulent or erroneous.
MEMBER F.D.I.C.
EQUAL HOUSING LENDER
EQUAL OPPORTUNITY EMPLOYER
ELECTRONIC BANKING SERVICES DISCLOSURE AGREEMENT
You must allow sufficient time for the payee to receive the payment before the payment due date they provide to you, excluding
grace periods. You should enter and transmit your bill payment instructions ten (10) business days before the due date. If you do
not allow sufficient time for a payment, you assume full responsibility for all late fees, finance charges and any other actions
against you initiated by a payee. The Bank is responsible only for exercising ordinary care in making payments upon your
authorization and for mailing or sending a payment to the designated payee based on the circumstances outlined above. You may
cancel or stop payment of periodic and automatic bill payment instructions under certain circumstances. If you discover an error
in or want to change a payment instruction (i.e. payment date or payment amount) for a periodic or automatic bill payment that
you have already scheduled for transmission through IBS, you may electronically edit or cancel your payment request through
IBS. Your cancellation request must be entered and transmitted through IBS before the date you have scheduled for payment. If
you wish to make an oral or written stop payment you must follow the guidelines for such in Section 4 of the EFT (Electronic
Fund Transfers, Your Rights and Responsibilities) Disclosure.
e. Time Limitations for Transfers/Bill Payments
These Transactions can be for any amount and future dated - up to thirty (30) calendar days in advance. If a bill payment/transfer
is future dated and the funds are not available for withdrawal on that business day, the transaction will attempt to post for 2 more
business days. If at that time there are still insufficient funds in the account, the transaction will not be completed. Your requests
must be entered into the system before 7:00 PM C.S.T. Monday through Friday, in order to be processed on the current business
day. Bill payments/transfers entered after 7:00 PM C.S.T. or on a Saturday, a Sunday or a Holiday will be processed on the next
business day. The Bank will withdraw the designated funds from your account for the bill payment/transfer on the date you
scheduled. The Bank will process your bill payment on the next business day. If the system accepts a bill payment/transfer
request and there is an error, please contact our Electronic Banking Department to cancel the transaction.
f. Special Account Limitations on Bill Payments and Transfers
Accounts requiring two (2) signatures or amount limitations will not be eligible for Bill Payment or transfers.
Password and Security
You agree not to give or make available your PIN to any unauthorized individuals. If you believe that your PIN has been lost or
stolen or that someone may attempt to use the EBS without your consent or has transferred money without your permission, you
must notify the Bank at once by calling Toll Free 877-7ALBANK (877-725-2265) or write:
Albany Bank & Trust Company, N.A.
3400 W. Lawrence Avenue
Chicago, Illinois 60625
Attn: Electronic Banking Department
Representatives are available Monday through Thursday 9:00 AM to 4:30 PM, Friday 9:00 AM to 7:00 PM and Saturday 9:00
AM to 1:00 PM.
Liability for Unauthorized Access
You are responsible for all transfers and bill payments you authorize under this Agreement. If you permit other persons to use
EBS or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. Please
refer to the EFT Disclosure Page 3 Unauthorized Transfers for further information regarding Consumer Liability. If this is a
business or other non-consumer account, the limitations or liability do not apply and you assume responsibility and are hereby
contractually liable, jointly or severally if applicable, for all transactions, including unauthorized transactions made through EBS
or other electronic fund transfer service subject to the limitations of applicable law. This includes all transactions performed by
any one you authorize or to whom you provide the PIN or access device, regardless of whether their actions exceed any limits
you place on their authority.
Periodic Statements
Transfers, withdrawals and bill payments transacted through IBS/TB will be recorded on your monthly statement. Passbook
Savings accounts will receive a statement when there are EBS transactions for that particular month.
Disclosure of Account Information to Third Parties
We will disclose information to third parties about your account or the transfer you make:
- As necessary to complete transfers and bill payments;
- To verify the existence of sufficient funds to cover specific transactions upon the request of payee or third party, such as a
credit bureau or merchant;
- To comply with government agency or court orders;
- If you give us your written permission;
- As otherwise permitted by law including but not limited to the (Fair Credit Reporting Act).
MEMBER F.D.I.C.
EQUAL HOUSING LENDER
EQUAL OPPORTUNITY EMPLOYER
ELECTRONIC BANKING SERVICES DISCLOSURE AGREEMENT
Notices
The Bank reserves the right to change the terms and conditions upon which these services are offered. The Bank will mail notice
to you at least twenty-one (21) days before the effective date of any change, as required by law.
Use of EBS is subject to existing regulations governing your accounts and any future changes to those regulations.
Billing Errors
In case of errors or questions about your EBS transactions, telephone us at the phone number or write to us at the address set
forth above in the Password and Security section of this Agreement, as soon as you can. If a notice of error involves an
electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made; the applicable time
periods for action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic
fund transfer that was initiated in a foreign country or occurred within thirty (30) days after the first deposit to the account was
made, the applicable time period for action shall be ninety (90) business days in place of fourty five (45) business days. Refer to
the EFT Disclosure Page 2,” In Case of Errors or Questions about your Electronic Transfers” for more information.
Enforcement
You agree to be liable to the Bank for any liability, loss or expense as provided in this Agreement that the Bank incurs as a result
of any dispute involving your accounts or devices. You authorize the Bank to deduct any such liability, loss or expense from
your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any
overdrawn funds on accounts accessed under this Agreement; the prevailing party shall be entitled, subject to applicable law, to
payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings and
any post-judgment collection actions, if applicable.
Disputes
In the event of dispute regarding EBS, you and Bank agree to resolve the dispute by looking to this Agreement. You agree that
this Agreement is the complete and exclusive statement of the agreement between you and the Bank which supercedes any
proposal or prior agreement, oral or written, and any other communications between you and the Bank relating to the subject
matter of this Agreement. If there is a conflict between what a Bank's employee says and the terms of this Agreement, the terms
of the Agreement shall control.
Governing Law
This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive
laws of the state of Illinois. You understand that we must comply with these laws, regulations and rules. You agree that if there
is any inconsistency between the terms of the Agreement and any applicable law, regulation or rule, the terms of this Agreement
will prevail to the extent any such law, regulation or rule may be modified by agreement between us.
Assignment
You may not assign this Agreement to any other party. The Bank may assign this Agreement to any future, directly or indirectly
affiliated company. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to
independent contractors or other third parties.
Termination of EBS
You agree that we may terminate this Agreement and your use of EBS if you or any authorized user of your account or access
code breach this or any other agreement with us: or if we have reason to believe that there has been an unauthorized use of your
account or access code.
You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of EBS will be
effective the first business day following receipt of your written notice. However, termination of this Agreement will not affect
the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
MEMBER F.D.I.C.
EQUAL HOUSING LENDER
EQUAL OPPORTUNITY EMPLOYER
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