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This Online Banking Agreement states the terms and conditions that apply when you use Eastern Michigan Bank's Online Banking and Bill Pay Services. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by this Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Michigan (except to the extent this Agreement can and does 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.

"You" and "your" mean each person who establishes an Online Banking Account with us, or who uses or is authorized to use an Online Banking Log In ID and password (or other means of access we establish or approve). "We" "us" and "our" refers to Eastern Michigan Bank (the Bank).

Please read this Agreement carefully. By submitting Eastern Michigan Bank's Online Banking Application by Internet or paper, as defined below, you agree to be bound by the terms and conditions contained in this agreement. Online banking transactions are additionally governed by any other separate agreement (s) you may have with Eastern Michigan Bank, including, but not limited to, the Account Agreement, Signature card, and the Fee Schedule.


Definitions:

  • Account or accounts: are those of your accounts on which we permit you to conduct transactions through Online Banking. You must be the owner or authorized signer of each account. You may not designate any account that requires more than one signature for withdrawals or that has any other type of restriction on it.
  • Bill Pay: means our additional Online Banking service that allows you to pay bills to third parties. You must be approved for Online Banking and have a qualified checking account to be able to enroll for Bill Pay. All of the rules applicable to Online Banking are also applicable to Online Banking Bill Pay, except as otherwise provided. All Online Banking transactions are performed over the Internet by use of a personal computer and modem and/or other means we may authorize or allow.
  • Business accounts: are accounts not held by a natural person or persons and not used primarily for personal, family, or household purposes.
  • Business days: means Monday through Friday. Banking Holidays are not included.
  • Online Banking: means our service that allows you to check the balance and recent activity on your accounts, transfer funds between your Bank accounts, make payments on your Bank loans, obtain information, and perform other transactions.
  • Personal accounts: are accounts held by a natural person or persons and established primarily for personal, family, or household purposes.


Access to Services

We will provide on-line demo's describing how to use the Online Banking service or Bill Payment Service. You will gain access to your online accounts through the use of your Internet-enabled device, your Internet provider, your Log In ID, and your password. You are responsible for maintaining all Internet connections, browsers, hardware and software that are necessary to access Eastern Michigan Bank Online. The Bank is not responsible for any errors or failures of your computer or software.


Hours of Operation

The services are available 24 hours a day, 7 days a week. However, Eastern Michigan Bank online may be temporarily unavailable due to record updating, technical difficulties, or special maintenance periods. For purposes of transactions, Eastern Michigan Bank business days are Monday through Friday, excluding holidays as determined by us. All online banking transaction requests received after 6:00 pm on business days and all transactions requested on Saturdays, Sundays or holidays, will be processed on the next business day. All references to time in this document are Eastern Standard Time (EST).


Security of Information, Log In ID and Password

Each person who has applied and has been approved for Online Banking will be assigned a Log In ID and password. To access Online Banking, you must use the Log In ID, together with a password. You will be required to change your password upon your initial log-in to Online Banking. You can change your password on Online Banking at anytime. We recommend that you change your password regularly. You should carefully select a password that is difficult to guess. Memorize your password and don't write it down.

Because the Log In ID and password can be used to access your accounts, you should treat your Log In ID and password with the same degree of care and secrecy that you use to protect other sensitive financial data. You agree that any transaction initiated using your Log In ID and password will be deemed valid by us. Any person obtaining access to your Online Banking Log In ID and password or other means of access will have full access to your accounts and you will be liable for any transaction that person makes. If you give your Online Banking Log In ID and password or other means of access to someone, they will have full access to your accounts. Even if you attempt to limit that person's authority, you are responsible for transactions that person makes. If you have given someone your Online Banking Log In ID and password or other means of access and want to terminate that person's authority, you must contact us and change your Log In ID and password to prevent further access by such person.

Your Online Banking password will be disabled (locked) after the password is entered incorrectly three consecutive times. Visit any of our full service offices, to reestablish your Online Banking password.

Click on the Online Banking "Exit" tab to log off Online Banking. Log off Online Banking whenever you leave your computer. To help prevent unauthorized access and ensure the security of your accounts, we will end your Online Banking session if we have detected no activity for 10 minutes. This is to protect you in case you accidentally leave your computer unattended after you logged in.

Eastern Michigan Bank will never contact you via telephone or email requesting your personal information, login ID or password. If you are contacted by anyone requesting personal information of this nature, please contact us immediately by calling Online Banking Support at 1.800.397.2504. 


Business (non-personal) Accounts

By submitting Eastern Michigan Bank's Online Banking Agreement by Internet or paper, you agree that use of a Log In ID and a password provides a commercially reasonable degree of protection in light of your particular needs and circumstances. All transactions made using your Log In ID and password will be conclusively presumed to be authorized by you. You are liable for all transactions that you or any authorized users make or authorize, even if that person exceeds your authority. You are also liable for any and all unauthorized use that occurs before you have notified us that a Log In ID, password or other access means in your possession or control have been lost or stolen or used without your authority and before we have had a reasonable opportunity to act on such notice.


Online Banking Transactions

You, or someone you have authorized by giving them your Online Banking Log In ID and password or other means of access, can instruct us to perform the following transactions:

  • Make transfers between your qualifying accounts to the extent authorized;
  • Obtain information that we make available about your qualifying accounts, such as balances and account history
  • Make payments from qualifying accounts to your Eastern Michigan Bank loans;
  • Make balance inquiries;
  • Obtain other services or perform other transactions that we may authorize;
  • Pay bills to third parties (available with Online Banking Bill Pay)

There are no fees for accessing your account(s) through Online Banking; we may, however, establish a schedule of service charges and fees for any transaction under this agreement at any time. Other fees, such as transaction limitation fees, may apply to services conducted through Online Banking. Please refer to the Account Disclosures that you received when you opened your account with us.

New services may be introduced for Online Banking from time to time. We will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

You must have sufficient available funds in any account from which you instruct us to make a payment or transfer.

If your request involves an internal bank transaction, such as transferring funds between accounts or making a loan payment, you must request a funds transfer by 6:00 p.m. (EST) on a business day in order for it to be completed on that business day. Transfers set up by you after 6:00 p.m. on a business day, or on a non-business day, will be processed the next business day. Recurring internal transfers, set up by you through Online Banking, that fall on a non-business day will be processed the following business day.

If any of your qualifying accounts are money market or savings accounts, certain types of withdrawals from these accounts, including payments and transfers, are limited by Federal Regulation to six (6) per account in any monthly cycle. The kind of withdrawals covered by this limitation are those made by means of pre-authorized, automatic, Internet and recurring transfers, and transfers or withdrawals by telephone agreement order or instruction. A total of only three (3) of these kind of withdrawals may be made by check, draft, debit card, or similar order payable to third parties.

You also agree to the "Deposit Account Agreement" that you signed for when you opened your deposit account(s). You may request another copy of these at the time you fill out your Online Banking application


Online Banking Bill Pay

You may enroll online for Bill Pay if you have a qualified personal checking account.

There are no fees for accessing your account through Online Banking Bill Pay; we may, however, establish a schedule of service charges and fees for any transaction under this agreement at any time.

All Bill Pay payments are made from your qualified checking account. You have the option to pay by paper check or electronically. You may make payments to any business, merchant, or professional for products or services. You also may make payments to individuals, family or friends for non-business purposes. Payments may be made only to payees with a U.S. payment address. You may not make a payment of alimony, settlement of brokerage accounts, child support, taxes, or any other governmental fees or court-directed payments through Bill Pay.

When setting up a new payee with the electronic payment option, your payee must already be established in the system's electronic payee database. Be sure you have chosen the correct payee from the look-up option 'Search Electronic Payees' and that you have entered your account number exactly as shown on your last statement. Please be aware that companies may not be able to be paid electronically when you first attempt to set them up with Bill Pay, but may be added to the list in the future. Remember that you must have sufficient funds available at the time an electronic payment is processed. Electronic payments will not be sent if funds are not available.

If you pay a bill by check (paper), the check will be mailed from our processing center in Oklahoma to your payee. The check will post against your account after it has cleared through the banking system, exactly as if you had written the check manually.

If you wish to remove Bill Pay, Eastern Michigan Bank will require written notification.

Requests for payments to third parties through Bill Pay made before 3:00 p.m. (EST) on a business day are processed that day. Bill Pay requests after 3:00 p.m. on a business day, or on a non-business day, will be processed the next business day. Recurring payments set up by you through Bill Pay, that fall on a non-business day will be processed the following business day. Remember that payments are processed (sent) on the date you specify, however we cannot guarantee when your payee will receive your payment or credit your account. Typically, electronic payments are received in 2 to 4 business days and check (paper) payments mailed thru the U.S. Postal Service are typically received in 7 to 10 business days, so plan accordingly. You should also allow additional time for the first payment you send to a payee through Bill Pay to allow the payee to adjust to the new form of payment. You understand and agree that we are not responsible for the timely delivery of postal mail or the improper transmission or handling of payments by a third party such as the failure of the Bill Pay payee to properly post a payment to your account. To cancel a bill payment that you have scheduled through Bill Pay, you must cancel the payment online the day before the date that the payment is scheduled to be processed. If you enter and schedule a payment for the current day you have until 3:00 p.m. to edit or delete the payment.


Statements

Your Online Banking payments and transfers will be indicated on the regular statement 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.

Our Liability for Failure to Complete Payments or Transfers If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages, which you prove, are directly caused by our action or failure to act. However, there are exceptions to our liability. We will not be liable if:

  • Through no fault of ours, there is non-sufficient collected funds in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
  • Any payment or transfer would exceed the credit limit of any account.
  • Your equipment, or ours, was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
  • We have terminated our Agreement with you.
  • You have not given us complete, correct or current account numbers or other identifying information so that we can properly complete the transaction.
  • You do not properly follow our 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.
  • You do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
  • The money in the account from which a payment or transfer is to be made is subject to legal process or other claim, which restricts the transaction.
  • Circumstances (such as fire, flood, or interruptions in electric or telephone service) or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
  • It can be shown that the merchant or payee received the payment within the normal delivery time frame and failed to process the payment through no fault of the Online Banking Service or our service providers.
  • There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
  • You believe someone has accessed your accounts without your permission and you fail to notify us immediately.
  • There may be other exceptions to our liability.


Disclaimer of Warranty and Limitation of Liability

We make no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Online Banking Services provided to you under this Agreement. We do not and cannot warrant that Online Banking Services will operate without errors, or that any or all Online Banking Services will be available and operational at all times.

Except as specifically provided in this Agreement, or otherwise required by law, you agree the Bank, our officers, directors, employees, agents or contractors are not responsible or liable for any:

  • Damages (including but not limited to, direct, indirect, incidental, consequential or special damages).
  • Losses or expenses (including but not limited to, lost profits and loss of use, arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or time or system failure) even if the Bank, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Further, the Bank will not be responsible for any losses, expenses and/or damage, whether direct, indirect, special or consequential, caused by the unauthorized use of your password resulting from your disclosure of your password to any third party.

Use of hyperlinks to other Internet resources are at your own risk; the content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored or endorsed by the Bank.


Unauthorized Transactions or Loss/Theft of your Online Banking Log In ID or Password

If you believe your Online Banking Log In ID or password or other means of access has been lost or stolen or that someone has used them without your authorization, notify us immediately. Call any of our offices or write us (phone numbers and mailing address are listed on our "Locations" page). Telephoning us is the best way of keeping your possible losses to a minimum.


Personal Accounts:

  • If you tell us within two business days after you discover that your Log In ID or password has been lost or stolen, you can lose no more than $50 if someone used your Log In ID or password without your permission.
  • If you do not tell us within two business days after you learn of the loss or theft of your Log In ID or password, and we can prove we could have stopped someone from using your Log In ID or password without your permission if you had given us notice, you could lose as much as $500.
  • Also, if your statement shows transfers that you did not make or authorize, tell us immediately. If you do not tell us within 60 days after the statement was sent to you, you may not receive back any money you lost after the 60 days, and therefore, you could lose all the money in your account, if we can prove that we could have stopped someone from taking the money if you had given us notice in time. If a good reason, such as a long trip or a hospital stay, has kept you from telling us, we will extend the time periods.


Errors and Questions

In case of errors or questions about your electronic transfers or payments, you should immediately call any of our offices or write us (phone numbers and mailing address are listed on our "Locations" page). Notification should be made as soon as possible if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days (30 days if a business account) after you received the first statement on which the problem or error appeared. You must be prepared to provide the following information:

  • Your name, relevant account number, address and phone number.
  • Describe the error or the 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.
  • The dollar amount of the suspected error and the date of the transaction as shown on your statement.
  • If you tell us orally, we may require you send us your complaint or questions in writing within 10 business days.


Personal Accounts:

  • We will determine whether an error occurred within 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 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 do not receive it within 10 business days, we may not credit your account.
  • If we decide there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.


Adding, Changing and Removing Accounts

Qualified accounts you open after enrollment in Online Banking may be included upon your request. Visit any of our full service offices if you wish to add, change or remove an account from Online Banking.


Termination

You may terminate your use of the Online Banking Service at any time by notifying us at least 10 business days before the date you want the service terminated. We may require you to put your request in writing.

We may terminate your use of the Online Banking Service, in whole or in part, at any time without prior notice. Your access to the service may be terminated automatically if your Online Banking qualified checking or savings account is closed, or access to any of your qualified accounts is restricted for any reason.

Termination will not affect your liability or obligation under this Agreement, for transactions we have processed on your behalf.


Disclosure of Account Information

We will disclose information to third parties about your account or electronic fund transfers made to your account:

  • Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or
  • In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
  • In order to comply with government agency or court orders; or
  • With your consent.


Accuracy & Maintenance of Information

We are committed to keeping your information accurate, up-to-date and in accordance with commercial standards. If you find information about you or your accounts is incomplete or incorrect, please notify us immediately.


Your E-mail Privacy

Online Banking and our Bank's website provide you with the ability to send electronic mail (e-mail) to us. Online Banking and the Bank's website do not require you to disclose any personal information. Messages sent through our Information Request Form are done on a secure connection. You may submit confidential information securely.


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