Disclosures & Disclaimers
Business Online Banking Access Agreement
This Agreement, which includes the Fee Schedule and Enrollment Form, is a contract which establishes the rules that cover your electronic access to your accounts at Herget Bank, N.A. ("BANK") through Herget’s Business On-line Banking ("SYSTEM"). By using SYSTEM, you accept all the terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your BANK accounts as well as your other agreements with BANK, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Illinois (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and BANK's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule and when applicable the ACH Origination Agreement, constitutes the entire agreement between you and BANK with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
As used in this Agreement, the words "we", "our", "us" and "BANK" mean Herget Bank, N.A.. "You" and "your" refer to the account holder authorized by BANK to use SYSTEM under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through SYSTEM. "Account" or "accounts" means your accounts at BANK. "Electronic funds transfers" means ATM withdrawals, pre-authorized transactions, point of sale transactions, transfers to and from your BANK accounts using SYSTEM including bill payments. "SYSTEM Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" mean Monday through Friday. Holidays are not included.
To use SYSTEM, you must have at least one account at BANK, access to Internet service and an email address. Once we have received your signed Enrollment Form, and verified your account information, we will send you, either by email or by postal mail, confirmation of our acceptance of your enrollment, along with your company id, assigned login ID and temporary password. SYSTEM can be used to access only the BANK accounts that you have designated for access by SYSTEM in your Enrollment Form. You can add or delete any of your BANK accounts from this Agreement by completing an Online Banking Change Request Form. Access to your accounts through SYSTEM will be based upon the identification of users and authority levels specified by you. We undertake no obligation to monitor transactions through SYSTEM to determine that they are made on behalf of the account holder.
You can use SYSTEM to perform the following functions based on the enrollment form information, check the balance of your BANK accounts, view BANK account histories, transfer funds between your BANK accounts, make stop payment requests, view checks, and pay bills from your BANK accounts in the amounts and on the dates you request if you have requested the Bill Payment Service.
Hours of Access
You can use SYSTEM seven days a week, twenty-four hours a day, although some or all SYSTEM services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the SYSTEM website.
For security purposes, you are required to change your password upon your initial login to SYSTEM. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password every ninety (90) days. Upon three unsuccessful attempts to use your password, your access to SYSTEM will be revoked. To re-establish your authorization to use SYSTEM, you must contact your company’s system administrator to obtain a new temporary password. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
You understand the importance of your role in preventing misuse of your accounts through SYSTEM and you agree to promptly examine your paper or electronic statement for each of your BANK accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via SYSTEM is encrypted in an effort to provide transmission security and SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the SYSTEM is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing SYSTEM, or email transmitted to and from us, will not be monitored or read by others.
Fees and Charges
You agree to pay the fees and charges for your use of SYSTEM Services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the BANK checking account designated as the "Primary Account" on your Enrollment Form. If you close your Primary Account, you must contact us immediately to designate another account as your Primary Account. You agree to pay any additional reasonable charges for services you request, which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of SYSTEM.
Posting of Transfers
Transfers initiated through SYSTEM before 6:00 p.m. (Central Standard Time) on a business day are posted to your account the same day. Transfers completed after 6:00 p.m. on any business day may be posted to the account on the next day’s business. Transfers made on Saturday, Sunday or banking holiday, will be posted on the next business day. SYSTEM identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts in order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers and other Withdrawals)
If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
- Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority
- Electronic fund transfers initiated through SYSTEM, which would result in an overdraft of your account may be cancelled, at our discretion
- In the event the electronic fund transfers initiated through SYSTEM, which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Limits on Amounts and Frequency of SYSTEM Transactions
The number of transfers from BANK accounts and the amounts that may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. There are other limitations or restrictions that for security reasons we may temporarily place on your right to use your login id and password to initiate any of the transactions you would otherwise be able to perform. We may place these limitations or restrictions without prior notice to you where necessary to maintain or restore the security of our electronic funds transfer system or an account. However, if such a limitation or restriction is to be made permanent, we will provide you written notice of the limitation or restriction on or with the next regularly scheduled periodic statement or within 30 days, unless such disclosure will jeopardize the security of our electronic funds transfer system or an account.
SYSTEM Bill Payment Service
You must designate the BANK account from which the payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day before 8:00 p.m. (Central Standard Time). By using the SYSTEM Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, "no signature required draft", or by debiting and remitting funds on your behalf. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly. Bill payments must be scheduled before 8:00 p.m. (Central Standard Time) to be processed on that business day.
Scheduling SYSTEM Payments
If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until five to eight business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the payment until 2-3 business days after the date the payment is debited from your account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.
How to Cancel a Bill Payment
To cancel a bill payment that you have scheduled through SYSTEM, you must cancel the payment online via SYSTEM (by following the onscreen instructions) before 8:00 p.m. (Central Standard Time) on the date the payment is scheduled to be debited from your account.
Stop Payment Requests
Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment, which has been paid electronically. You may be able to stop a SYSTEM bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. You will have to contact us by telephone at (309) 347-0247 to determine if the paper draft has cleared. If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment and the ID number from the Bill Payment View Posting Screen. You may initiate stop-payment requests online via SYSTEM only for paper checks you have written (non-electronically) on your BANK accounts (not SYSTEM bill payer paper drafts.) Online stop-payment requests are processed immediately on the business day the stop payment has been requested online. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount and the date of the check. If you make your stop-payment request online or by telephone, we may also require you to put your request in writing and get it to us within 14 days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop payment charges for SYSTEM bill payment paper drafts may be assessed in addition to the stop-payment charges for the applicable account.
Disclosure of Account Information and Transfers
You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to SYSTEM. You agree and hereby authorize all of these transfers of information.
You will not receive a separate SYSTEM statement. Transfers to and from your accounts using SYSTEM will appear on the respective periodic paper or electronic statements for your BANK accounts.
Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any SYSTEM service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the SYSTEM website or forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject SYSTEM Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE (see communications section, page 5) if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts. If you contact us within two business days after you learn of the loss, theft, compromise or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within two business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the times. It is strongly advised that you do not share your Login Id and Password with anyone. Should you do so and funds are transferred or withdrawn from your account without your permission, these transfers or withdrawals may be regarded as authorized since you shared your Login Id and Password with the individual initiating the transfers or withdrawals. Should it be determined that unauthorized use of your Login Id and Password did occur, we would ask your cooperation in investigating the situation. Your cooperation may include, for example, signing affidavits, reviewing transaction information and providing information to law enforcement agencies to aid in the apprehension and prosecution of the individual(s) who used your Login Id and Password without your permission.
Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant that SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that the Bank, our Officers, Directors, Employees, Agents or Contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action, in contract or tort or based on a warranty. Further, in no event shall the liability of BANK and its affiliates exceed the amounts paid by you for the services provided to you through SYSTEM.
Your Right to Terminate
You may cancel your SYSTEM service at any time by providing us with written notice by postal mail, fax or email. Your access to SYSTEM will be suspended within two business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred before the date of cancellation.
Communications between BANK and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following
Email - You can contact us by email at Herget Bank (Please note that banking transactions through SYSTEM are not made via email.)
Telephone -You can contact us by telephone at (309) 347-0247
Facsimile - You can contact us by fax at 309-347-0106
Postal Mail - You can write to us at P.O. Box 839 , Pekin , IL 61555-0839
In Person - You may visit us in person at any one of our locations
- Main Office ( 33 South Fourth St , Pekin , IL )
- Sunset Office (2900 Court St., Pekin , IL )
- Parkway Office (2201 Broadway, Pekin , IL )