Business Agreement and Disclosure Statement
TERMS OF AGREEMENT:
This Agreement and Disclosure Statement (this "Agreement") describes this service currently offered by Glenview State Bank (the "Bank" or "we" or "us") and makes disclosures required by law as to certain Services (as defined below) involving electronic funds transfers or payments. PhoneBankerSM is a registered service mark of Glenview State Bank. This Agreement also contains the terms and conditions under which you as a customer of the Bank ("you" or "your") may use your telephone to access and make use of certain Services. “ Services” include accessing checking, negotiable order of withdrawal ("NOW"), savings or insured money market accounts in which you are a primary or secondary owner ("Account" or "Accounts"); transferring funds between your Accounts or from an established line of credit, if any, accessible through your checking Account; and any other functions that may hereinafter be offered to you through PhoneBankerSM. By requesting, receiving, signing, opening, using or permitting another to use, or by electronically indicating your acceptance on our Site, you and any other owner on the Accounts agree to be bound by the following terms and conditions:
DISCLAIMER OF WARRANTIES. YOU ASSUME THE ENTIRE RISK WITH RESPECT TO YOUR USE OF THE SERVICE, AND THE TELEPHONE HARDWARE THAT YOU USE TO ACCESS THE SERVICE; THE RISK THAT ANY AND ALL INFORMATION AND TRANSACTIONS EXCHANGED OR PROCESSED THROUGH THIS SERVICE ARE TAMPERED WITH BY A THIRD PARTY WHEN IN TRANSIT OR THROUGH YOUR PROVISION OF YOUR CUSTOMER ID (AS DEFINED HEREIN) AND/OR PIN (AS DEFINED HEREIN). THE RISK OF ERROR, FAILURE OR NONPERFORMANCE OF YOUR TELEPHONE IS YOUR RISK.
THE SERVICE IS PROVIDED "AS IS", AND THE BANK MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF SERVICES. THE BANK MAKES NO WARRANTY THAT THE SERVICES ARE TOTALLY SECURE OR ERROR FREE.
EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL THE BANK BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DATA AND PERSONAL INJURY), WHETHER OR NOT THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, YOUR TELEPHONE OR ANY OTHER HARDWARE THAT YOU USE TO ACCESS OR USE THE SERVICE. Except to the extent otherwise required by applicable law, in no event will the Bank be liable for any claim against you by a third party, and you agree to indemnify and hold the Bank harmless for any third party claims for costs, damages, expenses or liabilities arising out of or in connection with your use of and the performance of the Services in connection therewith, whether alone or in combination with any other product or service. Without limiting the foregoing, you acknowledge and agree to assume the entire risk of and liability for corruption of any malfunction of any equipment.
MEANS OF IDENTIFICATION. You will be assigned a customer ID (“Customer ID”) and given a temporary Personal Identification Number for PHONEBanker ("PIN") to enable you to be identified when first using the system. The first time you use PHONEBanker , you will be required to change your PIN to a new PIN of your own choice. Your PIN is an identification code that is personal and confidential and is used to authenticate and validate your directions to us. You acknowledge and agree that the use of your PIN with PHONEBanker is a security method intended to help us maintain the security of your Accounts. You are responsible for the safekeeping of your PIN. You agree not to disclose your PIN to anyone and to take all reasonable precautions to protect others from learning your PIN. Any other owner or signer of any Account may obtain a separate PIN from us to access such Account. The Bank strongly suggests that you change your PIN from time to time in order to enhance security. You, however, acknowledge and agree that the security, integrity and privacy of any and all information and Transactions exchanged or processed through the Service cannot be guaranteed and that any such information may be viewed or tampered with in transit by a third party. You further acknowledge that Bank is not responsible for your failure to safeguard the privacy of your PIN.
PHONEBANKERSM. You may use your telephone to access information concerning your Accounts and also to perform certain transactions for which you are authorized. The following Services currently are available through PHONEBanker:
- Hear balance and transaction information concerning your Accounts.
- Transfer funds between your deposit Accounts.
- Make payments on your loans held by the Bank.
- Transfer funds from established lines of credit, if any, accessible through your checking Account, or by check, to your deposit Accounts.
- Place stop payment orders for checks written against your Accounts.
ACCESS, TRANSFER AND PAYMENT LIMITATIONS. You will be denied access to if you do not provide a valid Customer ID and PIN. Your access will be denied if you exceed the number of invalid attempts allowed by us. Transfers and payments are limited to the amount of funds available for withdrawal in your deposit Accounts or for draws under established lines of credit, if any. The availability of funds in your deposit Accounts is subject to the availability schedule published by us from time to time. Transfers from any insured money market Account cannot exceed six per month (including checks).
Transfers performed during any Business Day (as defined below) generally will be posted to your Account as of that day; however, transfers performed after 7:00 p.m. on a Business Day or on a Sunday or Bank holiday may not be posted to your Account until the next Business Day. Our “Business Days” are Monday through Saturday, excluding Sundays and Bank holidays.
STOP PAYMENT REQUESTS. The Bank may not immediately receive stop payment request communications that you send. If you need to contact us immediately regarding an unauthorized transaction or stop payment request, you may call the Bank at the telephone number set forth in the section of this Agreement entitled “How to Notify Us”.
ADDRESS CHANGES. If your postal or e-mail address changes, you need to call the Bank at the telephone number set forth in the section of the Agreement entitled “How to Notify Us” so that we may change our records.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS. Tell us AT ONCE if you believe any of your PINs have been lost, stolen or used without your permission. Generally, telephoning is the best way of keeping your possible losses down. You could lose all the money in your Accounts (plus the maximum amount available under established lines of credit, if any, accessible through any checking Account). You are responsible for all transactions made through the use of the Service regardless of whether the person initiating the transaction was authorized by you to do so. You agree to cooperate with us in the investigation of any claim or dispute and provide us with the necessary information to assist us in resolving your claim or dispute.
STOP PAYMENTS. You or an authorized user can place a Stop Payment on any check issued by you and drawn on your Glenview State Bank checking account. It will be your sole responsibility to verify that the check has not previously cleared your account by researching that item using all means available to you.
If you place a stop payment in accordance with the instructions listed above and we do not do so, we will be liable for your losses or damages. However, if you place a stop payment on a check that has already cleared your account, we will not be liable for your losses or damages. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a stop payment, and we will not be liable for any incidental, special, or consequential damages.
Renewals and revocations of stop orders must be placed in writing and must mailed to:
Glenview State Bank
Attn: Stop Payment Desk
800 Waukegan Road
Glenview IL 60025
HOW TO NOTIFY US. If you believe you have had an unauthorized transaction/transfer on any of your Accounts or you believe that your PIN has been lost, misused or stolen or that someone has transferred or may transfer money from your Account without your permission, immediately call (847) 729-1900 or write:
Glenview State Bank
800 Waukegan Road
Glenview, Illinois 60025
You may also notify us by coming to the above address during Business Hours on Business Days. Our “Business Hours” are generally from 7 AM to 7 PM on Business Days.
DOCUMENTATION. You may hear your current Account status or activity. If your Account is a checking, NOW or insured money market Account, you will get a monthly Account statement. If your Account is a savings Account, you will get a monthly statement unless there are no electronic funds transfers in a particular month, in which case you will get a savings Account statement at least quarterly. These statements will show electronic funds transfers to or from your Accounts.
DAYS AND HOURS OF OPERATION FOR PHONEBanker. The Services generally are available all day, seven days a week except at times of “Systems Unavailability”, described below. However, we process transactions and update information only on Business Days. Any transaction(s), to be made on a day that is not a Business Day will be credited, completed, or made on the next Business Day.
SYSTEMS UNAVAILABILITY. The Service may be unavailable at certain times:
- For certain brief periods during nightly processing,
- When we determine that systems require maintenance or upgrades,
- When we determine that unforeseen maintenance is necessary,
- When major unforeseen events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages. If such events occur, the Bank generally will use commercially reasonable efforts to restore the Service.
You agree, however, that the Bank is in no way liable for the unavailability of any Service for any reason.
DISCLOSURE OF INFORMATION ABOUT YOU. We may disclose information to third parties about your Accounts or the transactions you make:
- Where it is necessary for completing transactions.
- In order to verify the existence and condition of one or more of your Accounts for a third party, including without limitation, a credit bureau, merchant or other payee.
- In order to comply with government agency rules, regulations and requirements and or court orders or applicable laws.
- If you give us your written permission.
- If we close one or more of your Accounts because it has been maintained in an unsatisfactory manner.
Except as prohibited by law, you agree that the Bank may share with its affiliated entities the information about you that you provide, or that the Bank obtains as a result of transactions or other activity, for among other things, the purpose of offering you products and services that you may find of interest. If you do not wish to receive telephone and/or mail solicitations, please notify us by writing to the address set forth in the “How to Notify Us” section of this Agreement. We will then remove your name from any mailing or telephone list used for this purpose.
WHAT TO DO IN CASE OF ERRORS OR QUESTIONS. Telephone us or write us at the number and address shown in the "How to Notify Us" section of this Agreement as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and Account number (if any).
- Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Day
We will tell you the results of our investigation within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will re-credit your Account within 10 Business Days for the amount you think is in error, so that you will have 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 10 Business Days, we may not re-credit your Account.
If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
BANK'S LIABILITY FOR FAILURE TO MAKE TRANSFERS. If we do not complete a transfer to or from your Account on time and in the correct amount according to our agreement with you, we will be held liable for your losses or damages. However, there are some excep
- If through no fault of ours, you do not have enough available funds in your Account to make the transfer.
- If you use the wrong Customer ID and PIN or you have not properly followed any applicable instructions for making transfer.
- If the funds in your Account are subject to legal process or another type of restriction on transfer.
- If incomplete or inaccurate information is forwarded by the United States Treasury or through an automated clearing house.
- If the error was caused by a system outside the Bank’s control, such as your phone service provider.
- If there are other exceptions as established by the Bank from time to time.
FEES. Use of the Service is currently provided free of charge. The Bank reserves the right to impose charges for the use of the Service in the future upon notice by the Bank. Any future charges and any charges currently associated with the Accounts may be changed upon notice by the Bank. You will be charged based on the Bank's Personal Banking Fee Schedule for Accounts & Services in effect from time to time.
TERMINATION OF SERVICE OR PRIVILEGES. As standard practice, the Bank will deactivate your account and deny you access after 365 days of inactivity. If such action is taken by us, we are not obliged to send you a notice of termination.
We, also may at any time, at our sole discretion, limit, suspend or modify, and may at any time terminate your access to your Accounts by use of PHONEBankerSM for cause. If such action is taken by us, we will try to notify you in advance, but we are not obliged to do so.
You may cancel this Agreement and your use of PHONEBankerSM at any time by notifying the Bank at the address provided in the “How To Notify Us” section of the Agreement. This will terminate your access but will not terminate your Accounts with the Bank. If you terminate this Agreement, such termination will not affect the rights and responsibilities of the parties under this Agreement with respect to transactions initiated before termination
CHANGES IN TERMS AND FEES. The Bank may change the Service and the terms and conditions (including fees) set forth in this Agreement at any time. You will be notified of any such changes as required by applicable law, either by mail or by an electronic message posted on the Site. You understand and agree that by using PHONEBankerSM after a change becomes effective, you have agreed to the change(s).
Any amendment, modification or rescission made in the manner described above shall be binding upon you as though expressly agreed to by you. If written notice is mailed to you, it shall be mailed to your last known address as shown on the Bank's records.
ENFORCEMENT. You agree to be liable to the Bank for any liability, loss or expense (including reasonable attorney’s fees) that the Bank incurs as a result of any improper use or dispute involving your Accounts or use of the Service other than as expressly permitted by this Agreement. You authorize the Bank to deduct any aforementioned liability, loss or expense from your Accounts without prior notice.
OTHER. All transactions are subject to terms and conditions of all applicable agreements and rules and regulations of the Bank relating to the type of Account with respect to which transfers or payments are made, now or in the future, as said agreements, rules and regulations are now in effect or as they may hereafter be amended, modified or adopted.
You represent and warrant that each of your Accounts is established and maintained for business purposes and shall not be used for personal, household or family purposes.
If you agree to all the terms and conditions above, click "I Agree"*and you will be taken to the Application for printing. If you don't or can't agree to all the terms, click "I Decline" and you will be returned to GSB.com.
* Note: The application is in PDF format; they will open in a new window. If you do not have the free Adobe Acrobat Reader, you may download it here.