For purposes of this policy the terms “you”, and “your” refer to the customer and the terms “our”, “Bank”, “we”, and “us” refer to The State Bank of Geneva. Our policy is to generally make funds from your cash and check deposits made in person to one of our employees at our main Bank, Drive-Thru, or Walk-up facilities available to you on the first business day after the day we receive your deposit. Electronic direct deposits will generally be available on the day we receive the deposit. Once the funds are available, you may withdraw the funds in cash, and we will use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to the Bank unpaid and for any other problems involving your deposit.
Determining the Availability of Deposits
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal holidays. If you make a deposit before the close of business on any given business day, we will consider that day to be the day of your deposit. Close of the Bank’s business day is 6:00 p.m. Central Standard Time. If you make a deposit at an ATM, the business day we consider the deposit made is dependent on the daily cutoff time established by the institution that owns the ATM. The cutoff times vary from ATM to ATM, and you must ascertain the cutoff time for the particular ATM you use to make the deposit. A deposit made on a business day prior to the designated cutoff time will be considered deposited that business day. If you make a deposit at an ATM after its specific cutoff time, it will be considered made on the next business day.
Night Depository Box
Deposits made per the Bank’s night depository box are retrieved the morning of the next business day and are considered as received by the Bank that same Business Day. Deposits that are placed in the Bank’s night depository box during the day, even if the Bank is open, will not be processed until the next Business Day.
Deposits Made by Consumer Mobile Banking/Remote Deposit Capture
Transactions submitted by you via Mobile Banking/Remote Deposit Capture on a Business Day prior to the deadline established by the Bank (3:00 p.m. Central Standard Time) will generally be considered received and made that day. However, transactions submitted by you that are received after 3:00 p.m. Central Standard Time on a business day and all transactions which are requested on Saturdays, Sundays, or Federal holidays will be processed on the Bank’s next business day.
Longer Delays May Apply
In some cases, we will not make all of the funds that you deposit by check available to you according to the aforementioned stated availability schedule. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. However, the first $225.00 of your deposit will be available on the first business day after we receive your deposit. If we are NOT going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also inform you when the funds will be available. If your deposit is not made directly to one of our Bank tellers/employees, or if we decide to take this action after you have left the premises, we will mail you the notice informing you of this the day after we receive your deposit. If you will need the funds from a deposit immediately, you should ask us when the funds will be available.
Funds that you deposit by check may be delayed for a longer period under the following circumstances:
• We believe a check you deposited will not be paid.
• You deposit checks totaling more than $5,525.00 on any one day
• You redeposit a check that has been returned unpaid.
• You have overdrawn your account repeatedly in the last six months.
• There is an emergency, such as failure of communication or computer equipment
If we delay your ability to withdraw funds for any of these reasons, we will notify you and we will tell you when the funds will be available. The funds will generally be available no later than the seventh business day after the day of your deposit.
Holds on Other Funds (Check Cashing)
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account.
Checks drawn on financial institutions outside of the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. Financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds from deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which they are drawn.
Special Rules for New Accounts
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525.00 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s; and federal, state and local government checks will be available on the first business day after the day of your deposit providing the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,525.00 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525.00 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will generally be available on the ninth business day after the day of deposit.
Refusal of a Deposit
The Bank, at its sole discretion reserves the right not to accept any deposit (e.g., mutilated checks, checks payable to a third party, etc.).
THE STATE BANK OF GENEVA INTERNET BANKING (Business and Consumer) AND CONSUMER MOBILE WEB SERVICES AGREEMENT
The State Bank of Geneva Internet Banking Agreement (Business and Consumer) (“Agreement”) and the Consumer Mobile Web Service Agreement (“Agreement”) govern your use of The State Bank of Geneva Internet Banking Services (“SBG Online Banking”) and Consumer Mobile Web product. The Agreement is between The State Bank of Geneva that establishes your Account and provides Internet Banking (“we”, “us”, “our”, “Bank”, or “SBG”) and the individual or business entity who owns an account and has enrolled in Internet Banking and any person authorized by you to use SBG Online Banking (collectively “you”, “your”, or “yours”). Mobile Banking is only offered to Consumer accounts.
When you use or access, or permit any other person to use or access SBG Online Banking, you agree to the terms and conditions of this Agreement. SBG Online Banking is a website offering a variety of content, products, and services. We grant to you, for your personal or small business purposes only a nonexclusive, limited and revocable right to access and use SBG Online Banking. You agree not to use SBG Online Banking for any other purpose, including commercial purposes such as co-branding, linking or reselling, without our prior written consent. You agree with us as follows:
Account: means the personal or business checking, savings, money market, certificate of deposit, Individual Retirement Account, line of credit account, installment loan account, mortgage loan or any loan or deposit account that you may have with us.
Account Access: means your ability to access account and transaction information on Accounts through your personal/small business financial software or the Internet.
Business ACH Agreement: means the Agreement for Business accounts designating The State Bank of Geneva to make electronic debits(s) or credits to designated payees or instructing The State Bank of Geneva to debit or credit designated individuals by accessing the Automated Clearing House option (the ACH Option) based upon your instructions to us via a personal computer.
Business Day: means Monday, Tuesday, Wednesday, Thursday, and Friday, except federal holidays. Federal holidays are any holiday observed by the Federal Reserve Bank.
Check: means an original paper check and does not mean a check created electronically
Consumer Mobile Banking: allows you to access your personal account information through your registered mobile device (e.g., smart phone). You may access the Mobile Banking service either by mobile application or mobile Web browser. The Mobile Banking service allows you to request and receive account information and notification via text message.
Consumer Remote Deposit Capture: allows you to remotely deposit paper checks from your mobile device to your SBG account by electronically transmitting a digital image of the paper check to SBG.
E-Statements: means an electronic means of receiving a monthly statement and images of checks. Instead of receiving a paper statement by mail, an e-mail will be sent by the Bank notifying the customer that the statement(s) are available for viewing online.
Password: means the confidential identification code created by you for identification purposes in connection with your use of SBG Online Banking.
Payee: means any individual or business entity to which you wish a payment to be directed.
Small Business/Personal Bill Pay: means the option available to personal and small business accounts which allows you to pay or transfer funds to designated Payees based upon your instructions to us via a personal computer or mobile device (consumer accounts only). Business/personal Bill Pay is accessible through SBG Online Banking Bill Pay and is subject to separate terms and agreement(s) documentation. SBG Online Banking Bill Pay is available seven days a week. However, if you set up payments on Saturday, Sunday or Federal holidays the payments will be processed on the next business day.
Secure Messaging: means the secure messaging access located within SBG Online Banking website in which you may transmit concerns or issues you have regarding your account. SBG will respond to the Secure Message request within two business days.
Security Code: means the one-time security code where SBG and/or SBG Online Banking’s provider will call or send a text message and ask you to enter a one-time code to complete the set-up process for Online Banking. The one-time code will remain on your record and be used to validate your identity.
Security Credentials: means use of a password, User ID and One-time Security Code individually or any combination thereof.
Transfer: means any electronic banking transaction, including a deposit, withdrawal, bill payment, loan payment or Ach transaction made electronically
Validation Process: means if you log into a new computer or location you may be asked to validate your information through a phone call or text message to a telephone number that is on file with your account at the Bank.
2.SETUP AND USE OF ONLINE BANKING
In order to activate SBG Online Banking, you must have a valid Personal/Business Deposit Account with us. You must also create an SBG Online Banking User ID, Password, and enter a one-time Security Code (“Security Credentials”). You should keep your Account number(s) and Security Credentials information in a secure location. The SBG Online Banking Bill Pay service is available to personal and small business accounts. The ACH option is only available to business accounts. Consumer Mobile Banking and Consumer Remote Deposit Capture are only available to Consumer/Personal accounts.
Self-enrollment offers the customer the ability to enroll into SBG Online Banking and further enroll in Personal/Small Business Bill Payment services, Consumer Mobile Banking, and Consumer Remote Deposit Capture online. In order to validate the account ownership, you will be asked for information pertaining to your account (e.g., name, Social Security number, address, account number, email address, phone number, etc.). You must also create a User ID and password. If the information provided by you cannot be validated by the Bank and/or service provider, you will not be allowed access to SBG Online Banking services until the correct information is supplied by you. Please see section five and fourteen for further information pertaining to business accounts.
SBG Online Banking is generally accessible twenty-four (24) hours a day, seven (7) days a week, except when SBG Online Banking may be unavailable for system maintenance. We may modify, suspend, or terminate access to SBG Online Banking at any time and for any reason without notice or refund of fees you have paid.
D. Password Expiration
The Password you created will automatically expire every 90 days. You will be notified ten (10) days before the password expires, at which time you will be prompted to change your password.
E. Out-of-Band Authentication (Password Resets)
SBG Online Banking provides an Out-of-Band Authentication solution that uses a phone call or text message to confirm your identity.
– When you use a phone call to confirm your identity, you must select a phone number from the numbers that are maintained on your Bank account record. You must have access to the phone to log in. After selecting the phone number, you will receive an automated phone call that instructs you to say or enter the one-time security code displayed on the enter Security Code dialog page into the phone.
– When you use a text message to confirm your identity, you need to enter your mobile phone number to give permission to send the text message. The number entered must match the number in the SBG Online Banking records. In this case, the one-time security code is delivered to the mobile phone by text message and you will enter the code on the Enter Security Code dialog page.
– When you use email transmission to confirm your identity, the email address entered must correspond to the email address which appears on the SBG Online Banking record pertaining to your account. In this case, the one-time security code is delivered to your email address maintained on your account record and you will enter the code on the Enter Security Code dialog page.
– For security reasons, all but the last five digits of your phone number are masked.
– If you choose the text message option, the Bank is not responsible for any fees you may incur from your mobile phone provider.
– You are allowed three attempts to complete the authentication process. If the authentication process fails, you will not be allowed to retry for 24 hours.
F. Equipment and Software Requirements
To use SBG Online Banking, you need a computer with:
– Internet Access
– Internet security software
– Web Browser that supports 128 Bit encryption
This agreement is in addition to the deposit and/or loan agreements between the Bank and you, therefore you must review any disclosures or agreements including, but not limited to the following: IRA, the SBG Disclosure pertaining to the type of account you established with the Bank, Schedule of Fees, Personal and Small Business Bill Pay service agreement, Consumer Mobile Banking Agreement, Consumer Remote Deposit Capture Agreement, loan documentation, and Business products and services including, but not limited to the Business ACH Agreement, that may affect banking guidelines and applicable laws and Federal regulations. You should review these separate agreements and/or fee schedules for relevant fees and the number of transactions you can conduct on the account you are using and for any further stipulations that may affect your use of the account.
4.Electronic Disclosure, Change of Terms and Other Amendments and Consent
You agree and consent that SBG may provide you with all disclosures, notices and other communications about SBG Online Banking, Small Business/Personal Bill Pay, Consumer Mobile Banking, and Consumer Remote Deposit Capture including the SBG Online Banking, Bill Pay, Consumer Mobile and Remote Deposit Capture Agreements and Disclosure and any future amendments, in electronic format. You have the right to withdraw this consent, but if you do, we will immediately terminate your participation in SBG Online Banking, Small Business/Personal Bill Pay Services, Consumer Mobile Banking, and Consumer Remote Deposit Capture. You can obtain copies of documents we provided electronically or withdraw your consent by calling us at: 630-232-3201or 630-232-3210 or visiting us in person at The State Bank of Geneva 22 South 4th St, Geneva, IL 60134. SBG may
add, delete, or amend terms, conditions and other provisions, fee charges, or other terms described in the SBG Online Banking, Personal/Small Business Bill Pay, Consumer Mobile, and Consumer Remote Deposit Capture Agreements and Disclosure. We will send written notice to you by email, regular mail or by posting changed terms on our SBG Online Banking website. Please access and review this website regularly. You are bound by any such change to the aforementioned agreements if you use the SBG Online Banking Service after the effective date of the notice.
5.SBG ONLINE BANKING SERVICES
A. Services Offered
Personal accounts will receive Account Access when you sign up for the Service by the utilization of SBG Online Banking. In order to set up a business online account and receive the ACH Option and/or Small Business Bill Pay service, authorized signers representing the business account will need to apply in person at SBG Relationship Banking, for this service.
I. Account Access
You can use SBG Online Banking to access your Account. SBG Online Banking allows you to:
– View Account Balances
– Review Recent Transactions
– Transfer money between certain linked Accounts
– Perform self-service Account maintenance such as ordering copies of checks, issuance of a stop payment order on a check, check reorders, phone and address change requests, Password updates or changes
– Set up automatic transfers between certain linked Accounts
– Personal Bill Pay
– Small Business Bill Pay
– Consumer Mobile Banking
– Consumer Remote Deposit Capture
These activities are limited to the extent noted in the Account Agreement(s). You should refer to the Account Agreement(s) for limitation restrictions and fees.
II. ACH Payment Option
This feature is only available to business accounts. Authorized signers representing the business account are required to apply in person at the State Bank of Geneva for this option by submitting a separate Business ACH Agreement.
E-Statements, a convenient and secure way for you (our consumer and business electronic banking customers) to receive, retrieve and store your notices (e.g., CD notices), monthly account statements and view images of paid checks. With the utilization of this product you may print and/or save your account documents (statement, checks, and notices) to your computer for future reference. You are required to read and agree to the SBG E-Statement Service Agreement and Disclosure to sign up for E-Statements. By doing so, you agree and consent to the electronic receipt of the Agreement, of Bank account statement(s) for the account(s) available for this service, and other notices and disclosures we are required to provide to you, including but not limited to, billing error rights (consumer), privacy notices, change in terms notices, amendments and addenda to the Deposit Agreement, and other communications regarding your transactions and accounts (“Disclosures”). You may later withdraw your consent by notifying us. If you later withdraw your consent for electronic delivery, such withdrawal will not void or alter any transactions you have already agreed to electronically, but you will no longer be able to access your statements and notices electronically and we will resume sending you paper statements, notices, and disclosures. You have the right to receive a paper copy of your SBG E-Statement Service Agreement and Disclosure, account statement, and other disclosures. You can request a paper copy of any statement, notice, or Disclosure by calling the Bank’s Deposit Operations Banking Department at 630-232-3210 or Relationship Banking at 630-232-3201 during regular business hours. You may also write us at: The State Bank of Geneva, Attention: Deposit Operations, 22 South 4th St., Geneva, IL 60134. There may be a charge for this service.
There is currently no monthly fee for general access to SBG Online Banking, Personal and Small Business Bill Pay, Consumer Mobile Banking, and Consumer Remote Deposit Capture. However, you will be responsible for any regular transaction or other fees relevant to your Account as provided in the applicable Fee Schedule. Other charges such as telephone and Internet service provider fees and the purchase of financial management software (if any) are your responsibility. You may incur service charges relating to SBG’s establishment of new services or products made available to you through SBG Online Banking. We reserve the right to add or modify these fees from time to time and will notify you when we do so.
8.STOP PAYMENT REQUESTS
You may request a stop payment of a paper check or electronic payment through SBG Online Banking. The stop payment will be processed for a period of twelve months automatically by SBG Online Banking’s service provider and/or SBG personnel if the check or electronic payment has not been previously presented and paid. The Bank and/or service provider will do everything possible to complete your request; however, the Bank will not be responsible for unsuccessful requests. A stop payment fee will be applied to your SBG account. Please see the SBG schedule of fees for SBG charges relating to this service.
9.ADDRESS, PHONE NUMBER, EMAIL AND/OR OTHER MODIFICATIONS
It is exclusively your responsibility to notify SBG of any changes including but not limited to: address, phone number, e-mail, signer, Power of Attorney, trustee, etc. that have occurred regarding your account.
You may notify SBG in person at The State Bank of Geneva, by legal and binding documentation for changes such as trustee(s) or Power of Attorney additions. You may notify SBG of address changes, e-mail or phone number changes by accessing SBG’s secure messaging service located within the SBG Online Banking or by providing an address change request form by mail or in person to SBG Relationship Banking.
10.CHECK IMAGE ACCESS
Images of checks charged against your SBG account(s) as a rule can be viewed on SBG Online Banking when the checks have been paid. If a check is electronically processed by a store you have submitted a check to or a debit is charged against your account electronically, the check or document originating the debit is not viewable through SBG Online Banking.
You may set up Alerts by using SBG Online Banking to notify you when a balance change has occurred; a check has cleared, etc. By taking advantage of this service you agree to provide SBG with a valid phone number, e-mail address or other delivery location so that we may send you relevant information pertaining to your account. Alerts contain personal information and as such SBG will not be liable for losses or damages arising from any delayed, non-delivery or misdirected delivery, and/or any inaccurate information contained in the alert. You may change or deactivate Alerts at your discretion.
Per this agreement the Bank may charge any item or transfer per authorization from you notwithstanding any signature restrictions or multiple signature requirements. If you require the signature requirements to stay in effect, you will not be able to use this service. You waive your signature restriction requirements if you make the decision to use online banking.
13.TRANSFER BETWEEN LINKED ACCOUNTS
You must be the signer of both Transfer Accounts involved in a transfer of funds between linked accounts.
Transfers cannot be issued by you regarding certificate of deposit accounts. Transfers are subject to certain limitations in accordance with federal regulations and the type of account you are completing the transaction with. Please refer to the appropriate disclosure for guidance. You must have sufficient funds in the account you are transferring from to cover the transfer amount on the date you are conducting the transfer. The transfer account must be opened and active.
SBG is not responsible if the transfer is not finalized due to incomplete information, lack of funds, court orders, the account is in a dormant status due to inactivity and/or the transfer process was not completed by you.
14. PARTIES’ RESPONSIBILITIES
A. Responsibilities of the Accountholder
I. Your Rights and Responsibilities
(a) Authorized Use of Services by Other Persons (Business and Personal)
You are responsible for keeping your Account number(s), Social Security Number and Security Credentials confidential. Any person having access to your Account number(s) and Security Credentials will be able to access SBG Online Banking and perform all transactions, including reviewing Account information and making transfers to other Accounts and to other persons.
We are entitled to act on transaction and other instructions received using your Security Credentials and you agree that the use of your Security Credentials will have the same effect as your signature authorizing the transaction(s). If you disclose your Account number(s) and Security Credentials to any person or permit any other person to access or use SBG Online Banking, you are responsible for any transactions and activity performed from your Account(s) by such person. If you authorize other persons to use your Security Credentials in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing, and you are responsible for any transactions made by such persons until you notify us that transfers by that person or instructions regarding your Account are no longer authorized and we have a reasonable opportunity to act upon the change of your authorization and/or security credentials.
We will never contact you via e-mail, regular mail, or telephone requesting your Security Credentials. If you are ever contacted by anyone asking for your Security Credentials, you should refuse and immediately contact us. You may be the target of attempted identity theft.
(b) Business Customers
An authorized representative must apply in person at The State Bank of Geneva for enrollment in SBG Online Banking, Small Business Bill Pay, and/or the ACH option. It is the responsibility of an authorized representative of the business to assign a security administrator who would assign individuals representing the business as users. The Security Credentials assigned to the security administrator is the sole responsibility of the individual representing the business. It is also the responsibility of the business to notify SBG immediately if the security administrator is no longer authorized to act in that capacity.
(c) Reporting Unauthorized Transactions
If you believe someone may attempt to access or has accessed your accounts using SBG Online Banking without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at 630-232-3201 Monday, Tuesday, Thursday, Friday 8:30 a.m. – 4:30 p.m. Central Standard Time, Saturday 8:30 a.m. – 12:00 p.m. Central Standard Time. Wednesdays you may contact us at 630-232-3210 8:30 a.m.- 4:30 p.m. Central Standard Time. You may also contact us by using the SBG Secure Messaging Service or write us at: The State Bank of Geneva, 22 South 4th St, Geneva, IL 60134. SBG will respond to the Secure Messaging transmission within a reasonable amount of time.
(d)Consumer Liability for Unauthorized Transactions
NOTE: For consumer accounts only, Federal law requires that if you believe your Security Credentials have been lost or stolen, and you tell us within two (2) Business Days after you learn of the loss or theft, you can lose no more than $50 if someone used your Security Credentials without your permission.
Please call us AT ONCE at 630-232-3201 if you believe your Security Credentials have been lost or stolen. Telephoning customer service is the best way of keeping your possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your Account. If you tell us within two (2) Business Days, you can lose no more than $50 if someone used your Security Credentials without your permission.
If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Security Credentials, and we can prove that we could have stopped someone from using your Security Credentials without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the FIRST statement showing such a transfer was provided to you, you may not get back any money you lost after the sixty (60) days, if we can prove that we could have stopped someone from taking the money if you had told us in time. Your role is extremely important in the prevention of any wrongful use of your Account. You must promptly examine your Account statement upon receipt. If you find that your records and ours disagree, you must call us at 630-232-3200 immediately.
(e)Resolving Errors or Problems (Consumer Accounts)
If you think your statement is wrong or if you need more information about a transfer listed on the statement, contact us by accessing the SBG Secure Messaging Service located within SBG Online Banking, telephone us at 630-232-3200 or write to us at The State Bank of Geneva, 22 South 4th St, Geneva, IL 60134 as soon as you can. SBG will respond to the SBG Online Banking Secure Messaging transmission within a reasonable amount of time.
We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. When you contact us, our representative will need to know the following information:
1.your name and account number
2.a description of the error you are unsure about, and an explanation of why you believe it is an error or why you need more information; and
3.the dollar amount of the suspected error
If you tell us orally or by using the SBG Online Banking Secure Messaging Service we may require that you send us your complaint or question in writing within ten (10) Business Days. We will tell you the results of our investigation the first business day after the ten (10) Business Day investigation period after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account the first business day after the ten (10) Business Day investigation period 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 within ten (10) Business Days, we may not credit your Account. If we decide that there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
You acknowledge and agree that you are personally responsible for your conduct while using SBG Online Banking and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind, including reasonable attorney’s fees that we may incur in connection with a third party claim or otherwise in relation to your use of SBG Online Banking and Consumer Mobile Banking by anyone using your Account number(s) and Security Credentials or your violation of this Agreement or the rights of any third party. Your obligations under this section shall survive termination of this Agreement.
B Limitations Of Our Liability
In the event of a system failure or interruption, your data and/or transactions may be lost or destroyed. Any transaction that you initiated was in the process of completing, or completed shortly before system failure or interruption should be verified by you through means other than SBG Online Banking to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption. We will not be liable under this Agreement for failure to provide access or for interruptions in access to SBG Online Banking due to a system failure or due to other unforeseen acts or circumstances.
2. Your Computer Equipment and Your Software
You are responsible for obtaining, installing, maintaining and operating all equipment necessary for you to access SBG Online Banking (collectively, your “Systems”). This includes, without limitation, utilizing current web-browsers and the best commercially available encryption, antivirus and internet security software. We will not be responsible for any errors or failure from any malfunction of your computer or any computer virus or other problems related to your Systems used with SBG Online Banking.
You acknowledge that there is certain security, corruption, transmission error and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Systems.
We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of your Systems, including your browser, your Internet service provider, your personal financial management or other software, or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with SBG Online Banking.
3. No Warranties
NEITHER WE OR OUR AFFILIATES OR AGENTS SHALL BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF SBG ONLINE BANKING, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, OR INCOMPATABILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF SBG ONLINE BANKING IS AT YOUR SOLE RISK AND THAT SBG ONLINE BANKING AND ALL INFORMATION PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, IS PROVIDED ON AN “AS IS” BASIS, AND IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT SBG ONLINE BANKING WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND AGENTS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO SBG ONLINE BANKING AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
15.RELATIONSHIP OF PARTIES
SBG and you are independent parties and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the Bank and you. Neither the Bank nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
16.PRIVACY AND CONFIDENTIALITY
We will disclose information to third parties about your account or the transactions/transfers you make:
– Where it is necessary for completing transactions (i.e., Bill Payments or transfers), or
– To investigate or resolve a problem related to a transfer or payment
– 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, regulators, or court orders, or
– In connection with fraud prevention or an investigation
– If you give us your permission
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the Account(s) that you access using SBG Online Banking. We can terminate your SBG Online Banking under this Agreement at any time without notice to you for any reason including but not limited to, your failure to access SBG Online Banking for a period of three (3) months or greater. If your Account is considered dormant or terminated, you must contact Relationship Banking or Deposit Operations at 630-232-3201 or 630-232-3210 for further guidance. You may terminate your use of SBG Online Banking at any time by notifying SBG at 22 South Fourth St., Geneva, IL 60134. Prior to notifying us of your intent to cancel the service, you are required to delete all Bill Payment instructions that have been set up. Your service will be terminated upon receipt of your written notification. The notification to terminate your access to SBG Online Banking will not terminate your accounts with SBG.
Our records kept in the regular course of business shall be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive.
B. Electronic Notice
Regular e-mail may not be a secure method of communication. Thus we recommend you do not send confidential personal or financial information by regular e-mail instead you may use the Secure Messaging service located within SBG Online Banking to contact us. We will respond to the SBG Online Banking Secure message within a reasonable amount of time. There may be times when you need to speak with someone immediately (especially to report a lost or stolen Security Credentials or to process a stop payment). In these cases, do not use regular e-mail. Instead, you must call us at 630-232-3201 or 630-232-3210.
C. Hours of Operation
Our representatives are available to assist you Monday, Tuesday, Thursday, Friday 8:30 a.m.–4:30 p.m. Central Standard Time, Saturday 8:30 a.m.–12:00 p.m. Central Standard Time by calling 630-232-3201. You may contact a Bank representative on Wednesday 8:30 a.m-4:30 p.m. Central Standard Time by appearing in person at the Deposit Operations Department (lower level) or by phone: 630-232-3210.
D. Ownership of Website
The content, information and offers on our website are copyrighted by or used by license by The State Bank of Geneva, and the unauthorized use, reproduction, linking or distribution of any portion is strictly prohibited.
E. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Illinois, without regard to Illinois conflict of law provisions.
F. Scope of Agreement
This Agreement represents our complete agreement with you relating to our provision of SBG Online Banking. No other statement, oral or written including language contained in our website, unless otherwise noted, is part of this Agreement.
G. Web Site Links
H. Account Information
Account information provided to you as part of SBG Online Banking is not the official record of your Account or its activity. Your Account statement furnished to you by us in paper format or if you choose electronically will remain the official record of your account transactions. The SBG Online Banking information is generally updated regularly, but is subject to adjustment and correction and therefore should not be relied upon by you for taking, or forbearing to take, any action.
I. Force Majeure
Neither party shall be liable for any loss due to causes beyond its control, including, but not limited to, fire, explosion, lighting, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control.
J. Joint Accounts
When your Account is a joint account, we may act on the verbal, written or electronic instructions of any authorized signer. Joint accounts using the same Security Credentials will be identified as one service.
K. Disclosure of Account Information
We may disclose information to third parties about you or your transactions in the following instances:
– When it’s necessary for completing transfers or bill payments, or
– To investigate or resolve a problem related to a transfer or payment
– If you give us permission
– To comply with a government agency, regulator or court order
– In connection with fraud prevention or an investigation
– To verify the existence and condition of your account for a third party, such as credit bureau or merchant
The State Bank of Geneva
BILL PAYMENT SERVICE TERMS AND CONDITIONS
(Personal and Small Business)
Please read carefully. This is your agreement with The State Bank of Geneva if you chose to use The State Bank of Geneva (“SBG Online Banking”) Bill Payment Service and you agree to be bound to the terms and conditions herein.
“Agreement” shall mean all terms and conditions defined herein.
“Bank”, “we”, or “us” shall refer to The State Bank of Geneva .
“Service” shall mean the Bill Payment Service offered by the Bank and associated third party providers.
“You” or “Your” or “Subscriber” shall mean each person and/or business (authorized signer/representative) who signs the bill payment enrollment form or is otherwise authorized to use the Service.
“Payee” shall mean the individual, business or other entity to which you intend to send a payment through the Service and for which you accurately provide and maintain the appropriate or required information such as name, bill remittance / payment delivery address, phone number, account number and account holder name; and to whom you authorize the Bank to remit payments on your behalf through the Service.
“Payee List” shall mean your personal list of Payees that you maintain within the Service and from which list you may select to schedule Payments.
“Merchant” shall mean any business Payee you establish within the Service for whom the Service provider has established a business relationship expressly for the purpose of remitting Payments from the Service.
“Funding Account” shall mean the checking or similar account for which you are an authorized signer, and from which the Bank may debit or otherwise collect the funds necessary to remit the Scheduled Payment to the corresponding Payee, per your instructions.
“Fee Account” shall mean the checking or similar account for which you are an authorized signer, and from which the Bank may automatically debit or otherwise collect all Service fees.
“Business Day” shall mean every Monday through Friday, excluding Federal Bank holidays.
“Scheduled Payment” shall mean the payment instructions you establish within the Service in order to properly direct funds from the Funding Account you designate to the Payee you designate.
“One-Time Payment” shall mean a Scheduled Payment that results in a single payment delivered to the Payee per your instructions.
“Recurring Payment” shall mean a Scheduled Payment that results in a series of payments delivered to the Payee at regular intervals per your instructions, and shall continue to do so until you cancel it or until the maximum number of payments and/or final payment date that you specified is reached.
“Payment” shall mean the specific single instance of a One-Time Payment or a specific instance of a Recurring Payment, as the case may be.
“Payment Amount” shall mean the monetary figure you specify in a Scheduled Payment, including the regular amount and the final amount of a Recurring Payment series, that the Service shall remit to the Payee.
“Payment Date” or “Withdraw On Date” or “Withdrawal Date” shall mean the Business Day on which you schedule the Payment to be debited from your Funding Account, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date on which sufficient available funds must exist in the Funding Account.
“Due Date” or “Deliver By Date” or “Delivery Date” shall mean the Business Day on which you schedule the Payment to be delivered to your Payee, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date you determine to be most appropriate to deliver payment to your Payee considering such factors as the Payee-specified date payment due, grace period, late payment policy or late fee, and/or your knowledge of actual time required for the Payee to receive and process the payment and to credit your account with the Payee, and/or the urgency/criticality of payment delivery, as the case may be.
“Cut-Off Time” shall mean the time of day that Payments to be processed that day shall be processed, and after which time the earliest possible Payment Date or Withdraw On Date and Due Date or Deliver By Date shall be calculated from the next Business Day
“SBG Online Banking” shall mean The State Bank of Geneva’s Online Banking service for Small Business and Personal/Consumer Bill Pay
“Electronic Bills (“E-Bills”) shall mean an optional Bill Payment Service in which certain payees have agreed to provide Electronic Bills. E- Bills is the presentation of your bill in an electronic format through the Bill Pay Service.
“Consumer Mobile Banking”: allows you to access your personal account information through your registered mobile device (e.g., smart phone). You may access the SBG Online Mobile Banking service either by mobile application or mobile Web browser. The Mobile Banking service allows you to request and receive account information and notification via text message.
BILL PAYMENT SERVICE
You may use the Banks optional Bill Payment Service, to direct the Bank and/or Service provider to make payments from your Funding Account to the Payees you choose in accordance with this Agreement. The terms and conditions of this Agreement are in addition, but not limited to the Internet Banking Services Agreement, Consumer Mobile Banking Agreement, Consumer Remote Deposit Capture Agreement, Bank Account agreements, Bank schedule of fees, disclosures and other documents in effect from time to time governing your Funding Account. Consumer Mobile and Remote Deposit Capture are only available to personal/consumer accounts. Payments may be made from multiple funding accounts (i.e., Personal or Business Checking, Interest Business Checking, and/or Express Checking). To be eligible for this service you must have a personal or Business account with the Bank that is in good standing and utilizes a United States mailing address
THE STATE BANK OF GENEVA INTERNET BANKING SERVICES AGREEMENT
You agree that The State Bank of Geneva Internet Banking Services Agreement, Consumer Mobile Banking Service Agreement, Consumer Remote Deposit Capture Agreement, and this Agreement work in conjunction with each other and as such you will adhere to the guidelines set forth in each document.
BILL PAYMENT ACCESS
You may sign up for SBG Online Banking Bill Pay Service by selecting the Bill Pay tab located within the Bank’s online banking product SBG Online Banking. You may only select the Bill Pay Option once the SBG Online Banking enrollment process has been completed successfully and you have agreed to the terms and conditions contained within this document.
Business account relationships must apply in person at the Bank’s Relationship Banking Department to be granted access to SBG Online Banking and Small Business Bill Pay.
The Service provider will bear responsibility for any late payment related charges up to Fifty Dollars ($50.00) should a Payment post after the Scheduled Payment Due Date or Deliver By Date, provided that the Payment was scheduled, and the Payee information was maintained in accordance with the guidelines described within this Agreement. Notwithstanding the foregoing, the Service provider shall not be responsible for any such charges if the Service provider does not have responsibility or liability for a Payment transaction, late payments or late payment related charges under the other provisions of this Agreement, including, without limitation, those payments described under the Exception Payments section below.
The Service provider shall use commercially reasonable efforts to process the Scheduled Payments per your instructions. Neither the Service provider nor the Bank shall be liable for any Payment transaction if: (i) you do not have enough money in your Funding Account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your Funding Account is closed or has been frozen, or is otherwise not authorized to debit the corresponding Payment Amount; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with the Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide complete and correct Funding Account, Payment or Payee information; (viii) you did not properly follow the instructions or terms and conditions for use of the Service; (ix) you knew and/or had been advised that Service was not operating properly at the time you scheduled the Payment; (x) there is a postal delay; (xi) circumstances beyond the Service provider’s control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction; or (xii) your funding account is in a dormant status
With the exception of the foregoing, if the Service incorrectly debits your Funding Account and/or directs funds from your Funding Account to a Payee inconsistent with the instructions you specified in the Scheduled Payment, the Service shall, upon detecting the error or receiving notice from you, be responsible for returning the improperly transferred funds to your Funding Account and/or redirecting funds to the proper Payee and/or contacting the Payee to request appropriate adjustments on your account with the Payee except as otherwise provided under the Authorization section below. The Bank in some cases may request notification from you by written correspondence.
You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. The Bank and/or Service provider is not responsible for a Payment that is not made if you did not properly follow the instructions for making a Payment. The Bank and/or Service provider is not liable for any failure to make a Payment if you fail to promptly notify the Bank after you learn that you have not received credit from a Payee for a Payment. The Bank and/or Service provider is not responsible for your acts or omissions or those of any other person, including, without limitation, any Payee or transmission or communications facility, and no such party shall be deemed to be the Bank’s and/or Service provider’s agent. The Bank and/or
its service provider will not be held liable for not processing transactions we suspect of being fraudulent and have provided notification to you or we suspect that the Payee is a blocked entity under the Office of Foreign Assets Control Sanctions. In any event, the Bank and/or Service provider will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Bank and/or Service provider has knowledge of the possibility of them. The Bank and/or Service provider is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Bank and/or Service provider’s reasonable control.
SETTING UP AND MAINTAINING PAYEES
To begin using the Service you will first need to establish at least one Payee in your Payee List. You may add, modify or delete Payees as necessary. It is your responsibility to manage your Payee List and maintain accurate Payee information, such as but not limited to the address to which the Payee specifies Payments are to be delivered, your account number with the Payee, the name on your account with the Payee, etc., except where the Service expressly indicates that it shall manage such Payee information, such as a Merchant’s remittance address. Payees must reside or exist within the United States of America or its territories or commonwealths. The Service provider and/or the Bank reserve the right to refuse or remove a Payee for any reason.
SETTING UP PAYMENTS
To schedule Payments, you must choose a Payee from your Payee List. You may schedule One-Time Payments and Recurring Payments to any of your Payees. It is your responsibility to cancel, skip, reschedule or revise a Scheduled Payment in accordance with the Payee’s instructions to you, or as needed to ensure sufficient available funds in the corresponding Funding Account, or under circumstances where the Payee may return the Payment to the Service provider due to any reason outside the Service provider’s or the Bank’s control. The Service provider and/or the Bank reserve the right to refuse or cancel a Payment for any reason.
The earliest possible Payment Date / Withdraw On Date and Due Date / Deliver By Date for each Payee will be determined and presented by the Service when you schedule a Payment. The Service will not permit a Payment Date / Withdraw On Date or Due Date / Deliver By Date earlier than the earliest possible dates presented. The Service determines this earliest possible Payment Date / Withdraw On Date and Due Date / Deliver By Date based on the number of Business Days required to deliver a Payment to the Payee, which is primarily affected by whether or not the Payee has agreed to accept remittance of Payments electronically (typically one or two (1 or 2) Business Days) or requires Payments be delivered by check (typically four or five (4 or 5) Business Days). A Payee’s location or policies for posting and crediting payments may require additional Business Days. Payments scheduled after the Service’s Cut-Off Time shall be processed no earlier than the following Business Day. Currently, the Cut-Off Time is 3:00 p.m. Central Standard Time, but the Service provider and/or the Bank may change the Cut-Off Time without prior notice.
You should carefully consider factors such as the Payee’s date payment due, grace period, whether the Payee’s date payment due falls on a non-Business Day, etc., when scheduling a Payment to avoid late payments and late fees. You must allow the necessary number of Business Days prior to the Payee’s date payment due for each Payment, including each Payment of a Recurring Payment series. Some businesses take longer to post payments than others. You should consider allowing additional time for the initial Payment to a Payee through the Service in order to gauge the appropriate Payment Date / Withdraw On Date or Due Date / Deliver By Date in each case, and determine whether to allow an additional one (1) or two (2) business days to avoid incurring any late fee charged by the Payee. It is your responsibility to schedule Payments appropriately and in accordance with the Payee’s requirements. Neither the Service provider nor the Bank shall be responsible for late payments, nor reimburse you for late fees, for any Payment delivered in accordance with your instructions, or as a result of a Payee’s payment processing policies, or any other circumstance outside the Service provider’s and/or Bank’s control.
Payments to Payees, businesses or individuals, outside the United States of America or its territories or commonwealths, are prohibited.
EDITING OR CANCELING PAYMENTS
Any Payment can be modified or canceled, provided you access the Service prior to the Cut-Off Time on the Business Day Payment is going to be processed. Once a Payment is in-process, it cannot be canceled through the Service. Instead, you must contact Deposit Operations or Relationship Banking to request a stop payment. A Recurring Payment may be edited or canceled after processing the current Payment.
You may request to stop payment after a payment has been processed by contacting Deposit Operations or Relationship Banking. The Service’s ability to successfully stop payment depends on how the funds were remitted to the Payee and the elapsed time since the Payment was processed. You may place Stop Payments on payments you have made electronically by calling the Bank’s service provider customer support phone number: 1-855-385-8071. You may place a Stop Payment on a paper check by phone with the Bank’s Relationship Banking or Deposit Operations Departments by calling: 630-232-3201 or 630-232-3210. You may place the stop payment in person or by mail; however, we must receive a signed stop payment order request back within 14 days. If we do not receive the completed Stop Payment Order from you within that time frame the Stop Payment will be deleted. The Service provider and the Bank will make commercially reasonable efforts to stop payment per your request, but shall have no liability if unsuccessful. You may be charged a stop payment fee for each request.
Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event shall the Bank or Service provider be liable for any claims or damages resulting from you scheduling these types of payments. The Service provider shall have no obligation to research or resolve any claim resulting from any such payment. All research and resolution for any misapplied, misposted or misdirected payments will be your sole responsibility.
BILL PAYMENT PROCESS
The Service will process Payments in accordance with the Payment instructions you provide. The Service will not process Payments on weekends or Federal Bank holidays. The Service will debit your Funding Account or issue a draft against your Funding Account, and deliver those funds to the designated Payee on your behalf such that the funds arrive as close to the scheduled Due Date / Deliver By Date as is reasonably practicable.
Numerous business and technical requirements determine if a Payee can accept Payments electronically, but in all cases Payments can be remitted by check. The Service provider shall have sole discretion to determine the appropriate remittance method. In order to process Payments efficiently and effectively, or otherwise comply with Payees’ remittance requirements, the Service reserves the right to change or update Payee data, or alter the method of Payment remittance. Neither the Service provider nor the Bank shall be responsible for late payments, nor reimburse you for late fees, due to: a) U.S. postal delivery issues; b) electronic remittance network issues; c) your Payee’s payment processing procedures; d) instances where the financial risk associated with the Payment requires check remittance instead of electronic remittance or additional Business Days to ensure sufficient funds in the Funding Account are available; or d) other circumstances beyond its control.
When you schedule a Payment, you expressly authorize the Service provider and/or the Bank to withdraw from your Funding Account the Payment Amount and to remit those funds to the designated Payee on your behalf, and additionally to debit your Funding Account for any applicable Service related fees. You further authorize the Bank to credit your Funding Account for any payment returned from or undeliverable to the Payee. In addition, you certify that the Funding Account is an account from which you are authorized to make payments and incur debits.
You agree to have available and collected funds on deposit in the designated Funding Account in amounts sufficient to process each Payment as requested by you, as well as any other payment obligations you have to the Bank. The Bank reserves the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in the Funding Account and the Bank has not exercised its right to reverse or reject a Payment, you agree to pay for such Payment obligations on demand. You further agree the Bank, at its option, may charge any of your accounts at the Bank to cover such Payment obligations.
You authorize the Service provider and the Bank to contact your Payees to request appropriate adjustments consistent with your Payment instructions and/or as pertaining to the Service Guarantee and Responsibility, and/or to stop payment on any draft issued against your Funding Account in connection with the Service in the unlikely event that the Service remits funds incorrectly to any of your Payees, and/or to withdraw funds from your Funding Account in such event if you otherwise receive the benefit of the amount of such incorrectly remitted funds.
The decision to participate in the E-Bills program is at the discretion of the payee. Each payee has their own standards for establishing their E-Bills program.
It is your responsibility:
To provide your information to the payee you have established an E-Bill with
To contact the payee directly, if you do not receive an E-Bill in a timely fashion
To contact the payee directly with any questions you may have regarding the E-Bill
You further agree that the Bank and Service Provider are not responsible for any late charges or other adverse consequences as a result of non-delivery or untimely delivery of any E-Bills.
E-Bill service can be discontinued by any party at any time. You can discontinue receiving E-Bills for any participating payee at any time. The payee is responsible for cancelling the service.
In using the Service, you understand that Payments may be returned by or to the Service provider for various reasons including, but not limited to: the account or account number at the Payee is not valid, the Payee address is not valid, the Payee returns or rejects the remittance item, the account at the Payee has been paid in full or has been turned over to another company or individual. The Service shall use commercially reasonable efforts to research and correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service.
Personal and Small Business Bill Pay is a free service. However, you may incur fees if you request a stop payment and/or a check copy, research fees, return check due subscriber error, overdraft fees, Expedited Payments service, check copy mailed or faxed to subscriber or Bank, etc.
Please refer to the Bank’s Schedule of Fees for a list of applicable fees.
The funding account will be subject to the fees set forth in the Bank’s disclosure and other pertinent documents including, but not limited to the Bank’s Schedule of Fees.
The Bank and/or the Service provider reserve the right to charge you for research time involving payments no longer available in your Payment history screen. You will be informed of any such charges before they are incurred.
Some Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement for Personal/Consumer accounts included and/or received when you opened your account, which discloses important information concerning your rights and obligations.
You may schedule up to a total of $20,000.00 in payments to be processed on a single day. An individual payment to a payee is capped at $10,000.00. These caps may be adjusted on an individual basis.
You are solely responsible for controlling the safekeeping of and access to your user identification, password or other means to access your account. You agree not to give out or make available your user identification, password, access code, authenticating image or other means to access your account to any unauthorized individuals. You are responsible for all Payment transactions authorized by you or by anyone to whom you provide access to your SBG Online Banking Bill Pay account. You are liable for all Payment transactions you make or that you authorize another person to make even if that person exceeds his or her authority.
If you believe that your user identification, password, access code, authenticating image or other means to access your account has been lost, stolen or otherwise compromised, or that someone may attempt to use the Service without your consent or has transferred money without your permission, or if you suspect any fraudulent activity in your account(s), you must notify the Bank at once by phone: ( 630)232-3201(Monday, Tuesday, Thursday, Friday, and Saturday) and/or (630)232-3212 (Wednesday) during our business hours Monday through Friday 8:30 AM-4:30 PM, Saturday 8:30 AM-12:00 noon or mail to: The State Bank of Geneva Attention: Relationship Banking, 22 South Fourth St, Geneva, IL 60134.
You must also provide the following:
Your name and account number
A description of the error or the transaction you are unsure about, and explain why you believe it is in error or why you need more information
The dollar amount of the suspected error; and
For a bill payment, tell us the checking account number used to pay the bill, Biller name, date the payment was sent, payment amount, reference number, and Biller account number for the payment in question.
Liability Provisions Applicable to Personal/Consumer Accounts Only
Tell us at once if you believe your security credentials have been lost or forgotten. Calling (630-232-3201 or 630-232-3210) is the best way of keeping your possible losses to a minimum. If your security credentials have been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than fifty dollars ($50). If you do not tell us within the two (2) business day period, you could lose as much as five hundred dollars ($500) if we could have stopped the use of your accounts had we received notice in a timely manner. You must contact Relationship Banking or Deposit Operations as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record.
We must hear from you no later than sixty (60) days after we have sent the first statement on which the unauthorized transaction, problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us your name and Service account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) tell us the Funding Account number used to pay the bill, the Payee name, the applicable account number at the Payee, the date the Payment was sent, the Payment Amount and the Payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days after we hear from you. However, we may take up to forty-five (45) days to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.
Liability Provisions Applicable to Business Accounts
Business accounts do not have the same rights and protections offered to personal/consumer accounts in regards to Regulation E., therefore you agree to use this service at your exclusive risk. Risks may include, but are not limited to invalid or fraudulent transactions. We will be responsible for conducting the services described in this agreement with the same diligence we generally apply to all our clients.
All transactions conducted through Small Business Bill Pay will be reflected on your periodic Bank statement. You are responsible for reviewing your statement for any discrepancies regarding transactions. You agree to contact the Bank upon the discovery of any error or discrepancy immediately.
ELECTRONIC MAIL (E-MAIL)
Sending E-mail is a very good way to communicate with Bank and/or Service provider regarding your accounts or the Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail communication. You cannot use e-mail to initiate Service transactions. All such transactions must be initiated using the appropriate functions within the Service. Neither the Service provider nor the Bank shall be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
DISCLOSURE OF INFORMATION
It is our policy to treat your Bill Pay Service account information as confidential. However, the Service provider and/or the Bank may disclose certain information about you, your accounts and/or Payments to third parties in situations such as: when necessary to complete a Payment transaction per your instructions; when necessary to activate additional services per your request; in order to determine credit worthiness; in order to comply with government agency or court orders, financial services regulations or law; or if you give the Bank or Service provider written permission.
Information submitted to the Service provider or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by the Bank or prohibited by law.
ACCOUNT AND CONTACT INFORMATION
It is your sole responsibility to maintain accurate and complete contact information and Funding Account information in your user profile. This includes, but is not limited to, name, address, phone numbers and email addresses, and verifying account numbers. Changes can be made within the Service or by contacting Relationship Banking in person or by submitting official Bank documentation (e.g., address change form) notifying the Bank of the update. Changes you make on the system are typically effective immediately. Neither the Service provider nor the Bank shall be responsible for any payment processing errors or fees incurred if you do not provide accurate Funding Account or contact information.
LINKS TO OTHER SITES
Information that the Service provider or the Bank publishes on the World Wide Web may contain links to other sites and third parties may establish links to Service’s site. Neither the Service provider nor the Bank makes any representations or warranties about any other web site that you may access to, from or through the Service’s site. Unless expressly stated in writing, neither the Service provider nor the Bank endorse the products or services offered by any company or person linked to this site nor is the Service provider or the Bank responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
Neither the Service provider nor the Bank is responsible for any electronic virus that you may encounter using the Service. You are encouraged to routinely scan your computer and files using reliable virus protection products to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
DAMAGES AND WARRANTIES
In addition to the terms previously disclosed, the Bank and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal/business computer hardware or software, including any software provided by the Bank or one of its suppliers. In addition, the Bank and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of the SBG Online Banking Bill Payment Service. Without limiting the foregoing, neither the Bank and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. The Bank and/or Service provider and its suppliers provide Bill Payment Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services are appropriate for use by you in your jurisdiction. If you choose to use the SBG Online Banking Bill Payment Service, you do so on your own initiative and are solely responsible for compliance with
applicable local laws and regulations. Neither the Bank nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of the SBG Online Banking Bill Payment Service, or contained in any third party sites linked to or from the Bank and/or Service provider’s web sites. THE BANK AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. THE BANK AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Subscriber acknowledges and agrees that you are personally responsible for your conduct while using the SBG Online Banking Bill Pay Service and shall indemnify, defend and hold harmless the Bank and Service provider and their affiliates, officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Subscriber’s negligence; (ii) Subscriber’s failure to comply with applicable law; or (iii) Subscriber’s failure to comply with the terms of this Agreement and/or The State Bank of Geneva Internet Banking Services Agreement.
Due to the likelihood of irreparable injury, the Bank and Service provider shall be entitled to an injunction prohibiting any breach of this Agreement by Subscriber.
AMENDMENT AND TERMINATION
The Bank and Service provider reserve the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, you will be notified by one or all of the following:1) electronic mail; 2) physical mail at the address shown in our records; 3) update of our web site; and/or 4) as otherwise permitted by law. Your continued use of the Service after being notified of changes to this Agreement shall constitute your agreement to such changes.
You may terminate this Agreement by written notice to the Bank. You may write us at: The State Bank of Geneva Attention: Relationship Banking, 22 South Fourth St., Geneva, IL 60134. Neither the Bank nor Service provider is responsible for terminating any scheduled One-Time Payment nor Recurring Payment processed prior to a reasonable opportunity to act on your termination notice. Once your Service is terminated, all of your scheduled One-Time Payments and Recurring Payments shall be terminated as well. You remain obligated for all Payments made by the Service on your behalf under this Agreement.
APPLICABLE RULES, LAWS, AND REGULATIONS
Y ou submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Illinois, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Kane County, Illinois, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.
The Bank and Service provider may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party. Subscriber may not assign this Agreement to any other party.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and the Bank.
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Bank, this Agreement will control.
In the event of a dispute regarding the Service, you and the Bank and Service provider 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 Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what is said by a Service provider and/or Bank employee or Relationship Banking Department and the terms of this Agreement, the terms of this Agreement shall prevail.
The Bank and Service provider shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by the Bank and/or Service provider of a breach of this Agreement shall constitute a waiver by such party of any prior or subsequent breach of this Agreement.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, act of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
HEADINGS AND CAPTIONS
The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENTS AND AGREE TO BE BOUND BY ALL ITS TERMS
Mobile Banking and Remote Deposit Capture Agreement and Disclosure
End User Terms
This service is provided to you by The State Bank of Geneva and powered by a Third Party (the “Licensor”) mobile technology solution. Section A of these End User Terms is a legal agreement between you and The State Bank of Geneva. Section B of these End User Terms is a legal agreement between you and the Licensor.
The State Bank of Geneva Terms and Conditions
Thank you for using The State Bank of Geneva Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to 49794. To cancel your plan, text “STOP” to 49794 at any time. In case of questions please contact customer service at CustomerService@sbgeneva.com or call 630-232-3201.
Terms and Conditions
1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from The State Bank of Geneva. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
2. The services are provided by The State Bank of Geneva and not by any other third party. You and The State Bank of Geneva are solely responsible for the content transmitted through the text messages sent to and from The State Bank of Geneva. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.).
What is The State Bank of Geneva Mobile Banking
The State Bank of Geneva Mobile Banking (“SBG MB”,” the service”) is offered as a convenience and supplemental service to SBG Online Banking services. To utilize SBG Mobile Banking service, you must first be enrolled to use SBG Online Banking. SBG Mobile banking gives you access to your personal accounts from a downloadable mobile banking application (“app”). Apple and Android IPhone app capabilities:
- Access balance and transaction information on your authorized checking, savings, money market, certificate of deposit, and loan accounts.
- Transfer funds between your linked checking and savings accounts.
- Establish and receive email on the status of your accounts.
- Receive information about The State Bank of Geneva products and services
- Contact The State Bank of Geneva Relationship Banking
- Access your Bill Pay account
Also, on the downloadable mobile banking application, you may have the option to deposit checks.
Authorized User: The Deposit Customer or agent of the Deposit Customer
Business Day: any day which the Bank is open to conduct substantially all of its services but shall not include Saturday, Sunday or federal holidays.
Capture Device: any device acceptable to the Bank that provides for the capture of images from original items and for transmission through a clearing process
Check 21: the Check Clearing for the 21st Century Act, as well as Subparts C and D of Federal Reserve Board Regulation CC, and to the extent applicable, Subpart A of Regulation J of the Board of Governors of the Federal Reserve System.
Image Replacement Document (i.e., IRD): a substitute check as defined in Federal Reserve Regulation CC (“Reg. CC”); or the paper reproduction that will be created when an item cannot be converted to an ACH transaction. When the image is converted to an Image Replacement Document for subsequent presentment and collection, it shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
Item: a check, cashier’s check, official check, U.S. Treasury check, or any other payment instrument drawn on a financial institution within the United States from a payer to you that may be transmitted as either data or image, and where applicable in the context, includes the electronic image of the front and back of an item, in addition to other required information as specified by the Bank from time to time, in the format specified by the Bank from time to time. Notwithstanding the foregoing, it is understood that you will only be transmitting electronic images of the front and back of items and not any paper items. In order for an Item to be processed for deposit, it must be properly endorsed.
Payer: consumers or businesses that make payments to Deposit Customer by means of Items, but Deposit Customer shall not be a Payer.
Services: the SBG capture service provided by the SBG including electronic check conversion and image archive systems that allow the use of a capture device to obtain and transmit the front and back images of Items and accompanying transaction data for the purpose of delivery to SBG for clearing as an IRD. Service also includes any applicable support services. The Service shall only be provided for Items received by you for personal, family or household purposes that are being deposited into your account at SBG.
Technology: SBG’s or its subcontractor’s deposit capture application and processes designed to facilitate the electronic clearing of Items. The applications are accessed through Capture Devices, utilizing software and hardware provided by or acceptable to the SBG and are proprietary access points to payment processing networks and systems used to complete the clearing of Items. Technology may include but is not limited to Deposit Customer service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by SBG or its subcontractors and used in the provision of the Services hereunder. Any software provided by the Bank or it subcontractors pursuant to the Service shall be considered Software as defined in the End User License Agreement Terms for Downloadable App of The SBG MB/RDC-Terms and Conditions.
Terms and Agreement
(Applicable to Both Mobile Banking and Remote Deposit Capture (RDC) Services)
The terms of this Agreement are in addition to those that apply to any account or service you have with SBG. Use of SBG Online Banking is required for access of the SBG Mobile Banking and the RDC applications. By requesting and using SBG MB you agree to all of the terms and conditions of this agreement for any use of the service and furthermore accept all responsibility for your use of the service(s). Not all transactions and services are available for all products. In regards to this agreement Mobile Banking means the banking services accessible from the qualified Mobile Device you have registered with us. The qualified Mobile Device (“Device”) within this agreement means a supportable mobile Device including an IPad, IPhone, and/or an Android device that is web based. You must have a username, password and the required Device to access the Service. In some instances, you may be required to provide fingerprint verification. The credentials (Username and Password) for your SBG Online Banking service shall also give you access to SBG MB. SBG may at times going forward offer additional Mobile Banking and RDC options and/or amend existing features or terms of this agreement. Any options and/or features added to the SBG’s Mobile Banking and RDC product/service will be supported by this agreement and will be subject to the document’s terms.
SBG may amend and/or modify or cancel the SBG MB and RDC services we offer without notice, except as may be required by law. SBG advises you to read the Agreement in its entirety. This document in its then current version will be available on our website at sbgeneva.com. Please refer to it periodically as it may have changed.
Other Agreements and Accepting the Agreement
Cancellation/Termination of SBG MB and RDC
SBG reserves the right to deny, suspend or revoke access to SBG MB and RDC immediately for any reason in the Banks judgement and at SBG’s sole discretion without notice to you. These reasons although non-exhaustive in scope could include the following:
- SBG believes you and/or any authorized users are in breach of the Agreement or are otherwise using or accessing SBG MB and RDC in violation of this Agreement.
- If an emergency or force majeure
- If SBG is uncertain as to the accuracy of any item
- If SBG determines the financial condition of the account and/or customers financial condition/history renders the continued use of the services unadvisable
- If SBG determines the Services or any portion of any Service is in violation of any law or regulation.
- If fraud or the suspicion of fraud is evident on your account
- If any unauthorized use is evidenced on your account
SBG will also terminate these Agreements if you or any authorized user of your account request SBG to do so.
You may terminate these agreements (Mobile Banking) with us at any time and at no charge. If you wish to discontinue this service you may send your request in writing to us: 22 South 4th St, Geneva, Il 60134, or in person.
Upon the termination of this Agreement for any reason your access to, and use of, the Service will terminate and you will no longer have the capability to access SBG MB and/or RDC.
Disclosures (Consent to Receive Disclosures and Notices Electronically)
Federal law requires that we obtain your consent before providing required account disclosures electronically. By accessing SBG MB and RDC services and the acceptance of this agreement, you hereby (1) consent to receiving such notices and disclosures (including this Agreement and disclosures that are otherwise required to be in writing) as well as those concerning SBG MB, SBG Online Banking, RDC, SBG Bill Pay and your enrolled Bank accounts electronically, including by Mobile Phone (e.g. SMS or other text message) or e-mail (each of the foregoing being an “electronic address”) and (2) consent to using electronic records and communications to you in connection with the Mobile Banking, SBG Online Banking, RDC and SBG Bill Pay services. We require this consent as a condition of providing the SBG Mobile Banking service to you. The electronic address you provided upon completion of the SBG Online Banking application process will be used for such disclosures and notices. You are solely responsible for immediately updating your electronic address if it changes.
You agree and understand all updates to this Agreement shall be received in electronic form. All disclosures and notices by us shall be deemed given and received by you immediately upon being sent to your electronic address in our records. Many disclosures and notices may also or instead be provided by Bank message in one or all of your Bank statements and/or posted on the SBG Website: SBGeneva.com.
Furthermore, you understand that SBG will not provide you with an additional paper (non-electronic) copy of these disclosures and Agreements unless you specifically request it.
User Responsibility and Warranties
You represent and warrant the following statements to be true and accurate by enrolling in or using SBG’s Mobile Banking:
- You are responsible for the procurement and maintenance of you Device. SBG will not be held responsible for any failure or errors from the malfunction of your equipment.
- You are the legal owner of the account(s) and other confidential/financial information which may be accessed via the Service.
- You agree to notify SBG of any changes to your account information as it occurs and to maintain accurate information. This information would include any phone number change, loss or theft of the Device you are using or any occurrence or change that may deter or prevent your access to the Service.
- You agree that all information provided by you to SBG is accurate and that you have the right to provide such information in regards to the use of the Service.
- You agree not to present false information and /or documentation relating to your person and/or account.
- You agree that any authorized user will only use the SBG MB and/or RDC product for lawful transactions/purposes and not engage in illegal activities (e.g., illegal gambling, illegal or controlled drug purchases, money laundering, etc.). Furthermore you must remain in compliance with all applicable rules and regulations and with the Bank’s reasonable instructions, rules, policies, specifications, terms and conditions, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party .
- You agree to log out of SBG MB and RDC upon completion of using the product for added security and confidentiality.
- You agree to keep your Device, SBG Online Banking User Name, password or any other information that is exclusive to you and used to access the SBG MB product secure and confidential. If you give an unauthorized user (i.e., person) your Device, SBG MB User Name, and password, you are authorizing that person to use your SBG MB and you are responsible for all transactions the person conducts using your Device, user name and/or password. Any transactions conducted by that person, even those transactions you did not intend or want conducted, are authorized transactions.
- You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with SBG MB and/or RDC services. SBG MB and RDC instructions and tutorial are available at SBGeneva.com. under the section titled Education for The State Bank of Geneva Mobile Banking.
- You agree SBG may make modifications to SBG MB and/or RDC online instructions anytime and at our own discretion. You agree it is your responsibility to review the instructions as modified.
- You agree SBG will not be liable to you for any losses caused by your failure to properly use SBG MB/RDC or your device.
- You agree that SBG recommends you acquire a data plan, as data usage can become expensive without one and SBG will not be held responsible for extra fees you may receive from your service provider.
- You agree that you are responsible for keeping your device free from and protected against viruses.
- You agree you are responsible for taking every precaution to physically safeguard your device from loss or misuse.
- You agree that SBG Mobile Banking may not be accessible or may have limited utility over some network carriers.
- You agree that SBG is not responsible for the availability of data services provided by your mobile carrier, such as data outages or out of range issues.
- You agree to examine your account statement and make SBG aware of any errors to deposits made through SBG MB and RDC within 60 days after the applicable account statement is mailed to you.
Permitted Mobile Banking Transfers
- You may use SBG MB to transfer funds between your linked SBG accounts.
- If you submit your transfer request prior to the deadline established by SBG (7:00 p.m. central time) your transfer transaction request will be available on the same day. Transfer transaction requests received after 7:00 p.m. CT on business days and all transactions which are requested on Saturdays, Sundays, or Federal holidays will be processed on the Bank’s next business day.
- You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection.
- You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
- Certain limits and restrictions apply toward the number of transfers that may be applicable with respect to the particular types of account subject to this Agreement, particularly money market accounts and savings accounts. Federal Regulation D limits certain types of withdrawal and transfer transactions you can make out of your savings or money market account to a maximum combined total of six preauthorized transfers per month. These transactions include automatic transfers for overdraft coverage to your checking account, checks, drafts or similar withdrawals payable to third parties, point-of-sale purchase transactions with an ATM/debit card, or by preauthorized or automatic payment-transfers (including ACH) via telephone or online (Bill Pay). Please refer to the disclosure documents you received from SBG client services when you established (opened) your account at SBG for more detailed information regarding limitations and possible penalties
Bill Pay Services
SBG MB allows you to pay bills online, saving you time, envelopes and stamps. It is an optional service on your Internet (Online) Banking account. You may pay bills using your mobile device while on-the-go, anytime, anywhere. You must be enrolled for, both, Internet Banking and Bill Pay before you may use SBG MB Bill Pay. You will not have the ability to add a payee using SBG MB. You agree you must manage your Bill Pay application on the SBG Online Banking feature. You must have sufficient funds available in the selected account at the time the request to pay a bill is received, including any available overdraft protection.
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If you have an overdraft line and the transfer would go over the credit limit
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood, systems failure) prevent the transfer, despite reasonable precautions that we have taken.
- If the funds are subject to legal process or other encumbrance restricting such transfer, despite reasonable precautions that we have taken.
- There may be other exceptions stated in our agreement with you.
You may not be eligible for SBG MB and RDC if any of the following apply:
- Your account has been opened 30 days or less
- Fraud is evidenced on your account
- Your account has been blocked for any reason
- You have defaulted on any prior bank services /agreement (e.g., loan, account)
- You have intensive overdraft history
- Your account is frozen for any reason or subject to a court order
- Illegal activity of any kind has been evidenced on your account
- Your credit history is incomplete
Additional limitations may apply.
Reporting Unauthorized Transactions
You agree you will make SBG aware AT ONCE of any unauthorized use, transfer and/ or transaction that has occurred on your SBG MB account. Contacting SBG by phone is the fastest and most convenient way to contact us regarding suspected unauthorized activity on your account: 630-232-3200 Monday, Tuesday, Thursday, Friday 8:30am -4:30pm C.T., Saturday 8:30-12:00pm C.T. You may also contact the Bank in person or by correspondence at: 22 S 4th St, Geneva, IL 60134. For further guidance please refer to the SBG Online Banking Agreement section 1(c) Reporting Unauthorized Transactions and 1(d) Consumer Liability for Unauthorized Transactions for further guidance.
Remote Deposit Capture
RDC allows you to remotely deposit paper checks from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank’s designated processor to your SBG checking, Money market account, NOW account, or savings account. In most cases, eligible accounts will automatically be signed up for SBG MB RDC.
Mobile Banking Requirements
Use of SBG Online Banking and SBG MB is required to use a Mobile Banking Device as a Capture Device.
You authorize the Bank to convert Items to IRDs or transmit items as images and further authorize SBG or any other financial institution to which an item is sent to handle the item. You agree to, at your sole expense, a)to provide connectivity between the Capture Device and the Technology; b) maintain the Capture Device in accordance with the instructions provided by SBG, its subcontractors and/or any other Capture Device provider; c) as applicable, utilize your software, or SBGs software to scan, load, and format items as needed for transmission to the Bank; d)process return data and any remittance data delivered by SBG for the purpose of updating your internal systems (which may include electronic and paper return items);and , e)implement and maintain security measures, including firewall protection, in compliance with its obligations under this Agreement. You further agree that it will comply with any instructions and/or procedures regarding the RDC and submission of Items that may be issued by SBG from time to time.
Handling of Transmitted Items
You agree to ensure the safekeeping or destruction of the original item after the item has been scanned, transmitted and deposited electronically. You agree to properly dispose of the item by shredding or another commercially acceptable means of data destruction. All items deposited using RDC are subject 9
to final confirmation that an acceptable IRD has been created for further collection. You agree you will not destroy the check photographed until said check has posted to your statement. Do not VOID the check after submittal in the event the deposit is not approved and needs to be re-submitted.
Prohibition on Duplication of Deposits
Unless SBG has notified you that an item has been rejected or returned unprocessed, you are prohibited from subsequently presenting for deposit any item included in an IRD either in its paper based form or in digital form within another deposit. You agree that the posting of a deposit by SBG into your account, such that it appears in the transaction history of the account as presented through SBG’s Online Banking system, shall constitute confirmation that an IRD has been credited to your account and you shall dispose of or ensure the safekeeping of the item. You further agree to indemnify SBG for any and all losses or other damage SBG may suffer as a result of an item you deposited more than once. You expressly authorize and instruct SBG to debit your Account(s) in the amount of any item which is deposited more than once.
There are limits to the number and dollar amount of deposits that may be made using SBG MB and RDC. The following current limits will apply:
Deposited Item limit: $5,000.00 (no single item may be greater than $5,000.00)
Daily Limit: $5,000.00 (no total deposit for the day may exceed $5,000.00)
Daily Item Count limit: 10 (total items in a day’s deposit may not exceed 10)
Multi-day limit: $15,000.00 (total deposits made within 10 days may not exceed $15,000.00)
Multi-day limit period: 5 Business Days (total number of days in multi-day period)
Multi-day item count: 10 (total items deposited in a multi-day period may not exceed 10)
The Bank reserves the right to impose other limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
Deletion of Account
Your account will be deleted automatically if SBG MB and RDC remain inactive for period of 180 days. You will have to reactive SBG MB and RDC to continue to use the service going forward.
Items not permitted for processing
Although this list is non-exhaustive in scope, the following list contains examples of items that you agree you will not scan and deposit:
- Checks containing an alteration on the front of the check or item (e.g., non-negotiable, void or similar notation or watermark), or which you know or suspect, or should know or suspect, are fraudulent or otherwise not otherwise not authorized by the owner of the account on which the check is drawn.
- Savings Bonds
- Checks payable to anyone other than the owner of the account into which it is being deposited (even if endorsed over to you)
- Checks payable jointly, unless deposited into an account with the names of all payees
- Checks dated more than six months prior to the date of deposit, undated, or post-dated
- Checks with any endorsement on the back other than that specified in this Agreement
- Substitute checks (i.e., paper checks created from an electronic image)
- Checks drawn on a foreign bank and/or that are not payable in United States currency
- Checks that exceed the maximum limits set forth in the aforementioned limits section
- Imaged checks previously converted to a substitute check or items that are remotely created checks as defined by Regulation CC
- Checks that have previously been submitted for payment for any reason
- Checks that are irregular in any way (e.g., the written and numerical amounts do not match)
- Money Orders or Postal Money Orders
- Travelers Checks
- Checks Payable to “Cash”
- Registered government warrants
The image of a check or item transmitted to us using SBG RDC must be legible and must comply with the requirements established from time to time by us, applicable law, or clearing house or association rule. We shall not be liable to you for failure to process or improperly processing any item for which you have not provided an accurate and legible image, and we reserve the right to reject any deposit.
Processing and Rejection of Deposits
The device must capture an image of the front and back of each check to be deposited and must read and capture the magnetic ink character recognition (“MICR”) on each check. Furthermore, the device must read and capture all information required by this agreement and Federal Reserve regulations for the completion of item processing. You may photograph multiple checks in the same mobile banking session; however, you may only photograph one check per deposit. If the check image is not clear you have the option to retake photographs of the check before submitting or you may cancel the deposit. Also, the system will notify you if the image is unclear for processing. If you are unable to photograph a clear image, please take or mail your deposit to SBG for processing.
Deposits may be made with RDC at any time. Deposits captured, transmitted and accepted on a business day by 3:00 p.m. Central time will post to your account on the next business day. Please refer to SBG’s Funds Availability procedures. Deposits captured, and transmitted after 3:00 pm Central time will be considered a deposit on the next business day (e.g., a deposit is made after 3:00pm CT Tuesday, your deposit will post on your account on Thursday). If your deposit is approved before SBG’s daily cutoff time (3:00 pm central time) your deposit will post to your account on the next business day. Deposits made on a Saturday, Sunday, or federal holiday shall be credited to your applicable account on the next successive Business Day. You shall be solely responsible if any IRD for which you have been given provisional credit is subject to return or reversal, and the Bank shall not be held liable or responsible for same. You agree that all credits received for deposit are provisional, subject to verification and final settlement.
You agree that all deposits received by SBG are subject to verification and final inspection by SBG and may be rejected by us in our sole discretion. SBG is not liable for any service or late charges that may be imposed against you due to our rejection. You agree that you are responsible for fees you may incur due to a returned check (e.g., overdraft fees). SBG will make every effort to notify you of rejected deposits, however, we may reject any deposit/check submitted through SBG MB without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If a check is rejected, you must physically deposit the original check to receive credit.
If the same deposit is submitted twice, it will be identified and stopped by our process. Should this occur, you will receive a declined deposit notification for the second deposit received through SBG MB RDC.
If a deposit is returned you agree you will not re-deposit the check with the SBG MB RDC functionality. You will receive written communication from SBG through the US Postal Service if a deposit is returned.
SBG MB service utilizes best practices from online banking, such as HTTPS, 128-bit SSL encryption, password access and application time-out when your mobile device is not in use. Only the mobile devices that you personally enroll in the service can access your accounts. In addition, no account data is ever stored on your mobile device. In the event your mobile device is lost or stolen, the service can be immediately disabled by either going online to the Mobile Banking enrollment website or calling us.
You should not act upon emails or other communications requesting your personal information. SBG will never ask that you divulge your SBG MB banking password. You best efforts to secure your equipment, devices, user names and passwords, and your cautious use during SBG internet and MB sessions provide further protection to you and your secure information.
SBG does not endorse or represent that SBG MB is available for use in locations outside of the United States.
You agree that any use of SBG MB outside the United States is at your own risk.
You agree to certify the security and integrity of original checks from the time of receipt until the time of destruction. If SBG concludes valid judgement has been determined, SBG may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
Endorsements and Procedures
You agree to restrictively endorse any item transmitted by you through RDC as follows :
For Bank Mobile Deposit Only
Last four digits of your account number
You agree that any loss SBG may incur from a delay or processing error resulting from an irregular endorsement or other discrepancies by you will be your responsibility. You will not be able use SBG MB if a check is made payable to you and another party who is not a joint owner on the account that the check is to be deposited into. A check payable to you and any joint owner(s) of your SBG account must be endorsed by all such payees and can only be deposited into an account jointly owned by all such payees. If the check is made payable to you or the joint owner, either of you can endorse it.
Intellectual Property Ownership
You agree this agreement does not transfer to you any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with the Bank.
Warranties and Disclaimers
User warranties: You represent and warrant to the Bank that: (1) You have the authority to enter into this agreement and perform its obligations hereunder and all information supplied by you to the bank is accurate and true; (2) you will provide all reasonable assistance to the Bank in providing the service set forth herein; (3) you and any authorized users will only use the service for lawful purposes and in compliance with all applicable rules and regulations and with the Bank’s reasonable instructions, rules policies, specifications, terms and conditions, and operating procedures and will not violate any law of any county or the intellectual property rights of any third party; (4) You will only transmit acceptable items for deposit and have handled the original items following transmission to the Bank as agreed to or directed by the Bank and in accordance with applicable law;(5) you are a person authorized to enforce each item or is authorized to obtain payment of each item on behalf of a person entitled to enforce an item; (6) The items have not been altered; (7) Each item bears all applicable endorsements in a restricted format as directed by the Bank (8) All the warranties set forth in and subject to the terms of 4-207 of the Uniform Commercial Code as adopted in the State of Illinois, and as may be modified from time to time, as well as any other applicable section thereof; (9) (a) The electronic image portion of each item accurately and legibly represents all of the information on the front and back of the original check as of the time the original check was truncated, (b) the information portion of the item contains a record of all applicable MICR-Line information required for a substitute check, and (c) the item conforms to the technical standards for an electronic item as conforms to the technical standards for an electronic item as specified by the bank from time to time; (10) You will submit only one accurate and clear image of the front and back of each item to the bank only one time; (11) you will not deposit the original item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (Either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid; (12) the amount of an item, and such other information contained in such item which is accurate and complete. You agree that these representations and warranties shall be true and correct as of the date of each item and that the submission of each item to the bank for Processing shall be an acknowledgement of each such representation and warranty as of that date;
(1)You and any authorized users will not (1) sell, Lease, distribute, license or sublicense the Technology or Services (i.e., SBG MB and RDC) ; (2) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Technology or Services in any way for any reason;(3) provide, disclose , divulge or make available to, or permit use of the Technology or Services by, any third party;(4) copy or reproduce all or any part of the Technology or Services;(5) interfere, or attempt to interfere, with the Technology in any way;(5) interfere, or attempt to interfere, with the Technology or Services in any way; (6) engage in spamming, mail bombing, spoofing, pharming, phishing, or any other fraudulent, illegal or unauthorized use of the services;(7) introduce or transmit through the Technology or Services, without limitation, via any portion of the your computer system that interfaces with the Technology or Services, or otherwise, any virus, worm, software lock, drop dead device, Trojan-horse routine, trap door, back door, timer time bomb, clock, counter or other limiting routine, instruction or design or any other codes or instructions that may be used to access, modify, delete, damage, disable or prevent the use of the Technology, Services or other computer systems of the Bank; (8) remove, obliterate or alter any copyright notice, trademarks or other proprietary rights or notices affixed to or contained within Technology or Services; or (9) engage in or allow any action involving the Technology or Services that is inconsistent with this agreement. Should you receive notice of any claim regarding the service, you shall promptly provide the bank with a written notice of such claim. You agree that the Bank is legally entitled to a valid and unqualified endorsement from you and you give the bank the irrevocable right or place such an endorsement on the item. You agree to reimburse the bank for all losses related to your failure to properly endorse a check as exactly drawn or related to your deposit of an item that contains multiple endorsements or a missing or improper endorsement.
Disclaimer: The Bank will make no representations or warranties, whether express, implied or statutory regarding or relating to any of the technology or services and/or access to or use of the services or technology provided to customer hereunder. The Bank specifically disclaims any and all implied warranties of merchantability, fitness for a particular purpose and no infringement. The Bank also does not guarantee that your access to the services provided under this agreement will be uninterrupted, error free or secure. The Bank does not guarantee the accuracy of, and specifically disclaim liability for, information or data that is supplied or key-entered by you or agents. The Bank does not warrant the accuracy, reliability, completeness or timeliness of the content of internet websites or other data received by you or payer’s via the internet.
Limitation of Liability/indemnification
Limitation of liability: In no event shall the Bank be liable for delays which happen for reasons beyond its control, including without limitation, acts of civil, military, or banking authorities, national emergencies, riots, weather, unavoidable difficulties with equipment, the unavailability of the internet, any errors in 14
information provided, any difficulties caused by an internet or other service provider or any hardware or software failure, whether caused by a virus or otherwise.
Notwithstanding anything to the contrary herein, in no event will the bank’s liability under this agreement for any damages of any kind exceed an amount equal to the amount of items received by the bank from you for the service during the month preceding the date on which the claim first accrued. The bank shall not be liable for any special, indirect, or consequential damages, even if it has been advised of the possibility of these damages. You agree that the dollar limitation described in this section is reasonable, even if its actual damages exceed this limitation.
Accountholder’s indemnification Obligation
You understand and agree that you are required to indemnify and hold us and our technology partners harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the services and/or breach of this Disclosure and Agreement (including, but not limited to, any breach of the warranties, representations, or obligations contained in this Agreement). You understand and agree that this paragraph shall survive the termination of this Agreement.
USER MOBILE BANKING SECURITY RESPONSIBILITIES
- Ensure the mobile device is update with the latest system software provided by the mobile carrier or device manufacturer
- Install mobile security software (such as anti-virus and firewall) from a reputable software publisher
- Do not store sensitive personal or bank account information on the mobile device
- Do not modify the mobile device to bypass security features or replace the system software
- Avoid using public Wi-Fi connections for mobile banking
- Avoid using mobile device as a Wi-Fi hot spot
- If the mobile device is lost or stolen, contact the Bank to have your online banking credentials changed and/or close your access account
- Complete each deposit promptly
- If you are unable to complete your deposit promptly, you will ensure that your mobile deice remains securely in your possession until the deposit has been completed.
Confidential Information (SBG)
You acknowledge the Technology and Services contain valuable trade secrets, which are the sole property of the Bank or its subcontractors and You agree to hold such trade secrets and any and all other information designated by the Bank as confidential in strict confidence and disclose only to those agents whose duties reasonably require access to same, provided that all such agents are informed of such use or disclosure restrictions as set forth herein and agree to same. You will take no less than all reasonable steps to prevent the unauthorized use, duplication or access to the Confidential Information.
You agree to notify the Bank promptly upon learning of any unauthorized disclosure or use of any Confidential Information.
You acknowledge that the unauthorized use, disclosure or duplication of any Confidential Information shall constitute a material breach of this Agreement and is likely to cause irreparable injury to the Bank, for which there is no adequate remedy at law. Accordingly, you hereby agree the the bank may seek injunctive relief against you to prevent or remedy any breach of your confidentiality obligations described herein. You agree to indemnify the Bank and hold it harmless from and against any and all losses, liabilities, claims, damages and expenses (including reasonable legal fee and expenses) arising from or relating to the disclosure of any Confidential Information or the failure to keep the Services is confidential and agrees to assume all risks of accidental disclosure, inadvertent use or unauthorized use by any party whatsoever, whether or not such disclosure or use is on account of your negligence.
Relationship of Parties
SBG and you are independent parties and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the Bank and you. Neither the Bank nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
The failure of either party to enforce at any time any provision of this Agreement or to exercise any right herein provided shall not in any way be construed to be a waiver of such provision or right, and shall not in any way affect the validity of this Agreement or any part hereof, or limit, prevent or impair the right of either party to subsequently enforce any provision or exercise any right hereunder.
You may not assign this Agreement.
Governing Law and Severability
This Agreement shall be governed by the laws of the State of Illinois and of the United States, and any rule or regulation of the State of Illinois or a federal agency having jurisdiction over the Bank. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. The rights of the Bank under this Agreement are cumulative of all other rights the Bank may have by law or otherwise.
This agreement constitutes the entire Agreement of the parties with respect to the subject matter hereof and supersedes all existing Agreements and all other related communications, written or oral. 16
FIS Mobile End User Agreement
Our primary licensor for the Mobile Banking services is FIS Mobile which has provided us the right to enter into the following end user agreement (the End User Agreement) with you for the use of the FIS Mobile Software (defined below). By enrolling in our Mobile Banking service, and during such time as we maintain our rights to license the FIS Mobile Software, you hereby agree as follows:
End User License Agreement Terms for the Downloadable APP
To be agreed to by End User Prior to Use of Downloadable App
1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, Technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (I) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS” AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. LIMITATIONS OF Warranty. TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVEDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITITES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible to the exclusive jurisdiction of the courts of Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
TERMS AND CONDITIONS for adding The State Bank of Geneva Card to a Third Party Digital Wallet (Apple Pay)
These Terms and Conditions (the “Terms”) apply when you choose to add The State Bank of Geneva (“Bank”, “SBG”) debit card (“Card”) to a Mobile Wallet Service (“Apple Pay”, “Wallet”). In these Terms, “you”, “your”, “their”, and “my” refer to the cardholder of The State Bank of Geneva Card, and “we,” “us,” “our,” and “The State Bank of Geneva” refer to the issuer of the SBG Card, which will be The State Bank of Geneva.
These Terms are a legal agreement between you and the Bank. The terms of this Agreement are in addition to those that apply to any account or service you have with SBG. The customer is requested to review the Terms and Conditions carefully before selecting “Agree” within the Mobile Wallet and adding or using any Card with the Wallet because, by doing so, the customer agrees to all terms, conditions, and notices contained or referenced in these Terms.
- Card means The State Bank of Geneva debit card issued by the Bank to the Customer. The Card is not expired, blocked, suspended, or cancelled.
- Customer to you means the Bank account holder of the account related to the Bank Card or the Card Account holder of the Card issued by The State Bank of Geneva.
- Device includes but is not limited to any mobile device (“Device”), tablet, smart watch, or any other device that supports the Wallet.
- Wallet means the mobile payment and digital wallet service created by the third-party Wallet Providers that enables the users to make payments using certain Devices and Cards registered on such Devices.
- Passcode means the secret code that is required to unlock a Device, including a password, passcode, pattern or biometric identifier (where applicable).
What is a Mobile Wallet Service?
A Mobile Wallet Service is available to cardholders for the purpose of purchasing goods and services using a compatible wireless mobile phone, tablet, smart watch, computer, or any other device that supports the Mobile Wallet Service as a form of payment. The Wallet allows you to add your SBG Card to an application using your Mobile Device. Your SBG Card number is replaced with a digital number or token. The wallet enables you to create and store virtual representations of your eligible SBG debit card and add account information on your supported device creating a mobile Wallet that will permit you to use your Wallet to make purchases at authorized merchants and merchant websites. The Wallet allows you to use your compatible device to access and use your Cards to make such purchases in place of presenting or using your physical Card.
The State Bank of Geneva is Not Responsible for the Wallet
The State Bank of Geneva is not the provider of the Wallet, and we are not responsible for providing the Wallet service to you. We are only responsible for supplying information securely to the Wallet provider to allow usage of the SBG Card in the Wallet. You understand that you may use your Mobile Device to make payments only where the Wallet is accepted. We are not responsible for any failure of the Wallet or the inability to use the Wallet for any transaction. We are not responsible for the performance or non-performance of the Wallet provider or any other third parties regarding any agreement you enter into with the Wallet provider or associated third-party relationships that may impact your use of the Wallet.
The Bank shall determine which Cards will be eligible for use through the Wallet. Active card accounts that are in good standing are eligible to be added to a Wallet. If your Bank Card or any underlying Bank account becomes delinquent, is in a negative status, or is otherwise maintained in an unsafe manner (e.g., fraudulent activity occurs) as determined at the sole discretion of the Bank, your SBG Card may be removed by the Bank from the Wallet. The Wallet may not be accepted at all places where your Bank Card is accepted.
Relationship to Other Agreements
You agree that when you add your SBG Card to a Wallet service, your SBG Card and account will remain subject to the terms and conditions of all existing agreements with SBG. Your SBG Card Terms Do Not Change, the cardholder agreement that governs The State Bank of Geneva Card applies when you use a mobile wallet to make purchases or other transactions with your SBG Card. The Card-Member Agreement or account agreement that governs the SBG Card, amended from time to time, are incorporated by reference as part of these Terms. It is advised that you review those agreements periodically. The Wallet simply provides another way for you to make purchases or other transactions with the SBG Card. You consent to receive electronic communications from us in connection with your SBG Card and the Wallet. You agree that we may contact you by email at any email address you provide to us in connection with any SBG product, service, or account you maintain at SBG. We may also communicate with you through the mobile device on which you have downloaded the SBG Mobile app. You agree we may contact you via your mobile device for any purpose concerning your account at SBG, including account servicing and collection purposes. When your contact information changes, you agree to update us promptly. You acknowledge that the Wallet Provider or other third parties, such as wireless companies or data service providers, may charge you service fees in connection with your use of your Device or the Wallet. These include fees your wireless carrier may charge you for data usage and text messaging services. Check with your wireless carrier or data provider for details regarding your specific wireless plan and any data usage or text messaging charges that may apply. For example, your mobile service carrier or provider may impose data usage or text charges for your use of or interaction with the Wallet, including downloading the software, receiving or sending text messages (i.e., selecting to receive a passcode via text message) or other use of your mobile device when using the software, receiving or sending text messages. You expressly agree that you are responsible for all such fees, limitations, and restrictions.
Account Ownership/Accurate Information
You represent that you are the legal owner of the account and other financial information that may be accessed via the Wallet. You represent and agree that all information you provide in connection with the Wallet is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of operating the Wallet. You agree not to misrepresent your identity or your account information.
Measure to Maintain your Privacy and Security
When a purchase is made through a Wallet Service using an SBG Card, it will appear on your account statement in the same manner as any other purchase using your SBG Card. You agree it is your responsibility to review your account statement, therefore if you believe there is an error with any Wallet Service transaction, you must contact The State Bank of Geneva at (630) 232-3200 during normal business hours and you may cancel your SBG debit Card after hours at (800) 523-4175.
Changes in These Terms and Conditions
Except as otherwise required by law, SBG may at its sole discretion change these terms and modify or cancel the eligibility to use your SBG Card with a Wallet service at any time, without notice to you. You cannot change these terms, but you can terminate them by removing your SBG Card(s) from the Wallet. SBG reserves the right to refuse any transaction for any reason.
We Can Block, Suspend, or Cancel Your Use of an SBG Card
We can block you from adding an SBG Card to the Wallet, suspend your ability to use an SBG Card to make purchases using the Wallet, or cancel entirely your ability to continue to use an SBG Card in the Wallet. We may take these actions at any time and for any reason, such as if we suspect fraud with your SBG Card, if you have a negative balance on your SBG Card account, if applicable laws change or if directed to do so by the Wallet Provider or the applicable card network (such as MasterCard). You may remove an SBG Card from the Wallet by following the Wallet Provider’s procedures for removal.
Exclusion of Warranties; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF A MOBILE WALLET SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WALLET IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THE BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. THE BANK MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR VALIDITY OF ANY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF A WALLET. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO YOUR ADDING AN SBG CARD TO A WALLET, OR YOUR ACCESS OR USE OF A WALLET. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATION, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABLILITY AND FITNESS OF A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHT) AS TO ANY AND ALL WALLETS AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE WALLET.
You will indemnify, defend, and hold us harmless (and our employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Terms and Conditions, including any violation of our policies; (b) your wrongful or improper use of Apple Pay, including willful misconduct or fraud; (c) your violation of any third–party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any other party’s access or use of Apple Pay with your Touch ID or other appropriate security code.
WHAT DOES THE STATE BANK OF GENEVA DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or service you have with us. The information can include:
- Social Security Number and Income
- Account Balances and Transaction or Loss History
- Credit History and Payment History
For the mobile Application:
When you are no longer our customer, we continue to share your information as described in this notice.
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons The State Bank of Geneva chooses to share; and whether you can limit this sharing.
|Reasons we can share your personal information:||Does The State Bank of Geneva Share?||Can you limit this sharing?|
|For our everyday business purposes- such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus||YES||NO|
|For our marketing purposes- to offer our products and services to you||YES||NO|
|For joint marketing with other financial companies||NO||We don’t share|
|For our affiliates’ everyday business purposes- information about your transactions and experiences||NO||We don’t share|
|For our affiliates’ everyday business purposes- information about your creditworthiness||NO||We don’t share|
|For our affiliates to market to you||NO||We don’t share|
|For nonaffiliates to market to you||NO||We don’t share|
|What we do:|
|How does The State Bank of Geneva protect my personal information?||To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We train and educate all bank personnel in regards to the importance of maintaining our customer’s confidentiality and privacy.|
|How does The State Bank of Geneva collect my personal information?||We collect your personal information, for example, when you
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
|Why can’t I limit all sharing?||Federal law gives you the right to limit only
State laws and individual companies may give you additional rights to limit sharing.
|Affiliates||Companies related by common ownership or control. They can be financial and nonfinancial companies.
|Nonaffiliates||Companies not related by common ownership or control. They can be financial and nonfinancial companies.
|Joint Marketing||A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
How does this law affect the way that we handle your account?
Click here for more information.
Click here for the FDIC’s Electronic Deposit Insurance Estimator (EDIE)
REMEMBER – We will never solicit confidential information in the form of a phone call, email or text message.
Protect Yourself Against Identity Theft
One of the fastest growing crimes, and one of the top consumer concerns, continues to be identity theft. Learn how to protect yourself against identity thieves trying to steal your sensitive, financial information.
Federal Trade Commission sites:
Not sure where to start? Find out how to protect your computer!
Learn how to protect your kids online as well.
How to Recover from Identity Theft
Data breach on a site you use or someone steal your login and password information? Here are some resources to help you report and recover from identity theft.
Federal Deposit Insurance Corporation sites:
This site explains the laws and regulations the FDIC created to protect your sensitive financial information from identity thieves — know your rights!
Here are some tips and tricks that you can use to protect yourself and your financial information from identity thieves.
Illinois Department of Financial and Professional Regulation Brochure:
Check out this handy brochure for more resources from the State of Illinois.
If you suspect a problem with any of your SBG accounts please call our Customer Service Department at 630-232-3200.