First Eagle Bank Electronic Service Agreement

This agreement describes your rights and obligations as a user of the Online Banking Service ("Service"). It also describes the rights and obligations of First Eagle Bank (BANK).

Note: Please read this Agreement carefully. By pressing the ‘I Accept’ button you agree to comply with the terms and conditions of this Agreement.

Definitions

The following definitions apply in this Agreement. “Online Banking” is the Internet-based service providing access to your account(s) under the terms set forth in this Electronic Services Agreement; “Online Account” means any BANK account from which you will be conducting transactions using a Service; and “Password” is the code assigned to you by BANK for use during the initial sign-on, or the code you select after the initial sign-on, that establishes your connection to the Service. “Time of day” references are to Central Standard Time or Central Daylight Time, as applicable. “We,” “us” or “BANK” refer to First Eagle Bank, which offers the Service, and which holds the accounts accessed by the Service.

Access to Service

BANK will provide Online instructions describing how to use the Online Banking Service. You will gain access to your Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your Access ID and your Password.

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

Hours of Operation

The Service is available 24 hours a day, seven days a week, except during special maintenance periods, which generally are scheduled between 11:00 p.m. Sunday night and 4:00 a.m. Monday morning. For purposes of transactions, BANK’s business days are Monday through Friday, excluding holidays as determined by BANK. The cut-off time for Online Banking transactions is 6:00 p.m. on business days. Transactions requested after these cut-off times, or on Saturday, Sundays or holidays on which BANK chooses to remain closed, will be processed on the next business day. BANK’s business day begins at 9:00 a.m.

Use of your Security Password

You agree not to allow anyone to gain access to the Service or to let anyone know your Password used with the Service. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.

If your Password has been lost or stolen

If your Password has been lost or stolen, call BANK immediately at 630-893-3800 between 9:00 a.m. and 5:00 p.m., Monday through Friday or Saturday between 9:00 a.m. and 1:00 p.m. (Central Time). Telephoning is the best way of minimizing your losses. If you believe your Password has been lost or stolen and you telephone or write us within two business days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password without your permission. If you do NOT telephone or write us within two business days after you learn of the loss or theft of your Password, and we can prove that we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.00.

Banking Transactions with Online Banking

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

In addition to viewing account information and copies of certain checks and transactions, you may use Online Banking to conduct the following transactions:

Transfer funds among your linked checking accounts, savings accounts, money market accounts and line of credit accounts.

NOTE: Because regulations require BANK to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:

Statement Savings Account -- Transfers from a statement savings account to another account or a third party by pre-authorized, automatic, telephone or Online Banking are limited to six per month, and no more than three of the six such transfers may be made by check, draft, debit card (point of sale) or similar order made by the depositor and payable to third parties.

Money Market Account -- Transfers from a money market account to another account or a third party by pre-authorized, automatic, telephone or Online Banking are limited to six per statement cycle, and no more than three of the six such transfers may be made by check, draft, debit card (point of sale) or similar order made by the depositor and payable to third parties.

Statements

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.

IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE

If your statement shows transfers that you did not make, notify BANK immediately by calling us at 630-893-3800 between 9:00 a.m. and 5:00 p.m., Monday through Friday or between 9:00 a.m. and 1:00 p.m. on Saturday (Central Time), or writing BANK at:

First Eagle Bank
Attention: Internet Customer Service
1040 E. Lake Street
Hanover Park, Illinois 60133

If you do not notify BANK within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if BANK had been notified in time. If a good reason is reasonably determined by BANK (such as a long trip or hospital stay) delayed you from contacting BANK, BANK, at its option, may extend these time periods.

Errors and Questions

In case of errors or questions regarding an Online Banking transaction, call BANK at
630-893-3800, or write us at:

First Eagle Bank
Attention: Internet Customer Service
1040 E. Lake Street
Hanover Park, Illinois 60133

We must hear from you at the specified telephone number or address no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. We will need to know your name, account number, a description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information. We will also need the dollar amount of the suspected error and the date on which it occurred.

If the report is made orally, we may require that you send the complaint or question in writing within ten (10) business days from your initial contact. We will notify you with the results of the investigation within ten (10) business days and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation.

If your complaint or question is not received in writing within ten (10) business days from your original contact, we may not credit your account until the investigation is completed. If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.

Limit of BANK and Other Providers Responsibility

BANK agrees to make reasonable efforts to ensure full performance of Online Banking. BANK will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under its control which may affect the accuracy or timeliness of messages you send. BANK is not responsible for any losses should you give incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.

Any information you receive from BANK or Other Information Providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. BANK is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.

Neither BANK nor Other Information Providers is responsible for any computer virus or related problems which may be attributable to services provided by any Access Service Provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. BANK will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

The limit of BANK’s liability shall be as expressly set forth herein. Under no circumstances will BANK be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Service, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.

BANK’s Responsibility

BANK will be responsible for your actual losses if they were directly caused by our failure to:

  • Complete an Electronic Funds Transfer as properly requested.
  • Cancel an Electronic Funds Transfer as properly requested.

However, we will not be responsible for your losses if:

  • Through no fault of BANK, you do not have enough money in your account to make the transfer.
  • Through no fault of BANK, the transaction would have caused you to exceed your available credit.
  • Circumstances beyond our control (i.e., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
  • There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
  • Your funds are subject to legal process or other encumbrance restricting the transfer.
  • Your transfer authorization terminates by operation of law.
  • You believe someone has accessed your accounts without your permission and you fail to notify immediately.
  • You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
  • We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
  • We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, or any other agreement with us, or if you or we terminate this Agreement.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

Electronic Mail

E-mail is not necessarily secure against interception. If your communication is very sensitive, or includes personal information such as your account numbers or social security number, we urge you to call us or send it by U.S. mail instead.

If you send BANK an electronic mail message, BANK will be deemed to have received it on the following business day. BANK will have a reasonable time to act on your e-mail. You should not rely on electronic mail if you need to communicate with BANK immediately.

You agree that BANK may respond to you by electronic mail with regard to any non-personal matter related to the Service. Any such electronic mail sent to you by BANK shall be considered received within three (3) days of the date sent by BANK, regardless of whether or not you sign on to the Service within that time frame.

Other Agreements

In addition to this Agreement, you and BANK agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at BANK, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct the fees related to this Service from your Online Account each month.

Modifications to this Agreement

BANK may modify the terms and conditions applicable to the Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Service in whole or in part at any time without prior notice.

Disclosure of information to third parties

We will disclose information to third parties about your account or the transfers you make:

  • Where it is necessary for completing transfers.
  • To verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
  • To comply with government or court orders, or other reporting requirements.
  • If you give us your written permission, to affiliated or other non-affiliated companies.

Information concerning your account history with BANK will be shared within the BANK organization. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within the organization.

Inactivity / Termination

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Online Banking privileges under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the service for any other reason.

If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive ninety (90) day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service. To cancel the Online Banking Service, you must notify BANK and provide your name; address; whether you are discontinuing Online Banking; and the effective date to stop the service.

You may notify BANK by one of the following methods:

  • By initiating a customer inquiry through our Web site.
  • By calling 630-893-3800, between 9:00 a.m. and 5:00 p.m., Monday through Friday or Saturday between 9:00 a.m. and 1:00 p.m. (Central Time)
  • By writing a letter and either sending it to the following address or giving it to a Relationship Banker:

First Eagle Bank
Attention: Internet Customer Service
1040 E. Lake Street
Hanover Park, Illinois 60133

Governing Law

This Agreement is governed by the laws of the State of Illinois and applicable federal law.

Fee Schedule

First Eagle Bank offers the benefits and convenience of the Online Banking Service to you free of charge. Account research and stop payment charges will be assessed at the rates published in the First Eagle Bank Service and Account Fee Schedule. These fees are subject to change. First Eagle Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.

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