Mobile Banking AgreementINTRODUCTION
This Mobile Banking Agreement and Disclosure governs your use of O2 Online Banking via your mobile device. Throughout this web site the Agreement, Disclosure, and all related documents will be referred to as "Agreement". By using Mobile Banking, you agree to all of the terms of this Agreement. Please read it carefully and keep a copy for your records.
You, Your or Customer - The person(s) subscribing to or using Mobile Banking.
We, Us, or Our - Refers to Old Second National Bank, and any agent, independent contractor, designee, or assignee Old Second National Bank may involve in the provision of O2 Online Banking, including Mobile Banking.
Business Day - Any calendar day other than Saturday, Sunday, and any holidays recognized by us. Bill payments are processed on all business days that both the Federal Reserve Bank and the U.S. Postal System are operating and open for business.
Business Day Cut-Off - Our primary banking offices are located in Aurora, IL, and we base our business day on the Central Daylight Time zone. For posting purposes, we will process all transfer files completed by 7:00PM CT on that business date. Transfers completed after 7:00PM CT will be processed on the following business day. We will process payments entered through our Bill Payment system by 12:00 Noon CT on that business day. Payments entered after 12:00 Noon CT will be processed on the following business day.
Privacy Statement - Privacy is important to our customers. We have taken steps designed to insure security and privacy for your personal and financial dealings with the bank. Our customer privacy statement can be obtained by clicking on the following link - Privacy Statement
ABOUT MOBILE BANKING
Old Second National Bank Mobile Banking is a module of the O2 Online Banking system that provides a number of financial services to its customers. The service can be accessed via a web-enabled cell phone by logging in at https://www.airteller.com/FI7158. For iPhone®, iPad® or Android™ users, you can download the App by searching “Old Second Bank” in the Apple Store or Google Play for your mobile devices.
The Mobile Banking module currently may provide you with the following services to or between accounts already set up within the O2 Online Banking program:
• Account inquiries, balances, rates, etc.
• Account transfers
• Transaction history
• Payments to third parties or your Old Second loans if currently set up with O2 Online Banking
There are currently no additional fees for accessing Mobile Banking. However, you may be charged additional fees by your wireless service or cell phone provider based upon your individual plan - these fees may include fees for text messaging regarding your account and are the sole responsibility of Customer as a party to this Agreement.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING O2 ONLINE BANKING AND/OR MOBILE BANKING SOFTWARE OR SERVICES OR BROWSER INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
We recommend your browser settings be set so your browser will check for new versions of Temporary Internet files every time you start your browser.
The Mobile Banking service requires that the customer complete an initial registration process. This involves completion of the enrollment steps located in the Options / Mobile Settings section of O2 Online Banking.
Part of the enrollment process is that you will need to designate which accounts and services you would like to allow access to via your mobile device. Also at this time, you will need to accept the terms and conditions of this service. Upon completion, you will receive the appropriate link to allow you to sign-into the Mobile Banking module via your web-enabled cell phone. For iPhone®, iPad® or Android™ users, you can download the App by searching “Old Second Bank” in the Apple Store or Google Play for your mobile device.
If you change your mobile device and/or change your mobile telephone number, it will be your responsibility to access your O2 Online Banking system and enter the appropriate information into the Options / Mobile Settings section.
You will utilize your current O2 Online Banking ID and Password to access Mobile Banking. Because your password is used to access your accounts and we are entitled to act on instructions received under your password, you should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess. Keep your password safe. Memorize your password and never tell it to anyone. We will never ask you to e-mail your personally identifiable information such as your Social Security number or account number.
You may set up to access any accounts you currently have established in your O2 Online Banking system.
BALANCE INQUIRIES, BILL PAYMENTS AND TRANSFERS LIMITATIONS
You may use Mobile Banking to check the balance of your accounts and to transfer funds among your accounts. Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. If you have further questions, contact us. The balances are updated in "real-time" and the system will display the most current "as of" date on the "accounts" summary page. Situations may occur that cause a delay in an update of your balances. The system will use the most current balance available at the time of a transaction on which to base our approval. Any information you receive from us through Mobile Banking is believed to be reliable. However, it can only be provided on a best efforts basis for your convenience and is not warranted or guaranteed. We are 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.
You may make bill payments to those payees already set up in O2 Online Banking. The O2 Online Banking Payment Limits, Scheduling of Payments and Fee Structure remain in effect. These services are not affected by the Mobile Banking access. We do not have any duty to monitor payments made through the Bill Payment service. If you are a business and an authorized representative of yours uses your Bill Payment service to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees, affiliates and agents harmless from all loss, liability, claims, demands, judgments, and expenses arising out of or in any way connected with such use.
We shall be responsible only for performing the services we expressly agree to perform in this Agreement, subject to all of the limitations provided herein. We shall not be responsible or liable for (a) any acts or omissions by you, including without limitation, the amount, accuracy, timeliness of delivery, or your authorization of any bill payment, or (b) any acts or omissions of any other person, including without limitation, NACHA, any ACH, transmission or communications facility, or any data processor company. No such person or entity shall be deemed our agent.
NOTICE OF YOUR RIGHTS AND LIABILITIES
Notify us immediately if your O2 Online Banking ID and password have been compromised, lost, stolen or used without your authorization. Failure to notify us immediately could result in the loss of all money accessible by the use of your ID and password. Telephoning us at the number listed below in the Errors and Questions section is the best way of limiting your possible loss. You could lose all the money in your account (plus your maximum overdraft line of credit, if you have one). If we are notified within two (2) business days after you discover your O2 Online Banking ID and password has been compromised, lost or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) business days, and we can prove we could have prevented someone from using the O2 Online Banking ID and password without your permission, you could lose as much as $500. If your statement shows unauthorized transfers, notify us within 60 days after the statement is mailed to you. After 60 days, if we can prove that we could have stopped someone from taking the money if we had been told, you may not get back any money from us. If your delay in notifying us was due to extenuating circumstances, such as a long trip or hospital stay, we may extend the time period specified herein to a reasonable period. This section applies only to electronic fund transfers that debit or credit your checking, savings, or other asset accounts and are subject to the Consumer Financial Protection Bureau’s Regulation E. We may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E.
ERRORS AND QUESTIONS
In cases of errors or questions concerning transactions completed with the Mobile Banking module of O2 Online Banking, do one of the following, as soon as possible:
• Telephone us at (630) 844-4826; or
• Write to Old Second National Bank, Attn: Treasury Support at 37 S. River Street, Aurora IL 60506; or
• Initiate a payment inquiry on your PC, mobile device or tablet via e-mail to: email@example.com
• E-mail us via the secure E-Mail link provided within O2 Online Banking.
We must hear from you within 60 days after you receive the first statement or notification in which the error or problem appeared. Please include the following information:
• Account Number and your O2 Online Banking ID
• Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information.
• Tell us the amount of the error.
• For a Bill Payer error tell us:
- Checking account number used to pay the bill
- Payee name
- Date the payment was sent
- Confirmation number
- Payment amount
- Payee account number for the payment in question
We will tell you the results of our investigation within ten (10) business days after we hear from you (20 business days if the transaction involved a new account). If we need more time we may take up to 45 business days to investigate (90 business days if the transaction involved a new account). If we choose to take up to 45 business days, we will give you a provisional credit to your account within ten (10) business days (20 business days if the transaction involved a new account). Your account is considered a new account for the first 30 days following the date the account was opened. Your account will not be considered a new account, provided at the time the account in question was opened, you already had an existing banking relationship with us. If we decide there was no error, we will furnish you with a written explanation within three (3) business days after the investigation is complete.
The Customer has the sole responsibility to establish and maintain procedures to adequately safeguard against unauthorized use of your mobile phone, tablet or any other mobile devices and /or entries from your mobile phone, tablet or any other mobile devices. You warrant that no other person will be allowed to initiate entries other than yourself, and you agree to take all reasonable steps to maintain the confidentiality of any user ID’s, passwords, and related instructions provided by us in connection with the services agreed to hereunder.
You are responsible for (i) maintaining the confidentiality and security of your mobile devices, access number(s), password(s), security question(s) and answer(s), account number (s), login information, and any other security or access information, used by you to access the service (together, "Security Credentials"), and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with this service. You agree not to supply your Security Credentials to anyone. We are authorized to act on transactions 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). You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Security Credentials, including your mobile devices. We reserve the right to deny you access to the service (or any part thereof) if we believe that any loss, theft or unauthorized use of Security Credentials has occurred. If you believe someone may attempt to use or has used this service without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at 630-844-4826.
NO SIGNATURE REQUIREMENTS
When any payment or other online service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.
Old Second National Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PCs, tablets or mobile devices using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers or mobile devices.
You may terminate the use of Mobile Banking or O2 Online Banking at any time by contacting us in writing by mail, e-mail, or personal delivery. We reserve the right to deny, suspend or revoke access to the service immediately, in whole or in part, in our sole discretion, without notice, if we believe you are in breach of this Agreement or another agreement related to your account with us, or are otherwise using or accessing the services inconsistent with the terms and conditions hereof. Further, we have the right to suspend the service immediately in the event of an emergency or in the event of acts or circumstances beyond our control.
You agree to indemnify and hold us harmless and our affiliates, directors, officers, employees, and agents, from any and all third party claims, losses, damages, and expenses, including reasonable attorney fees, resulting from your use of the service, including without limitation, any wrongful act or omissions, breach of any provision of this Agreement, breach of any applicable law or regulation, negligence or willful misconduct. You agree this indemnity provision shall survive the termination of this Agreement.
LIABILITY OF BANK; LIMITATIONS OF LIABILITY
We shall not be liable for any loss to you that is not the result of our gross negligence or willful misconduct. In any event, you agree that we will not be liable for any direct, indirect, incidental, consequential, exemplary, punitive or special damages, including lost profits, arising from or related to any equipment, software, browser and/or the installation or maintenance thereof to access or use of the service; incompatibility of computer hardware or software, failure or unavailability of Internet access; problems with Internet service providers; problems or delays with intermediate communication networks or problems with data transmission facilities; or any other problems you experience due to causes beyond our control, regardless of the form of the action or theory of recovery, related in any way to your use of this service even if we have been advised of the possibility of those damages.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
This Agreement may not be assigned to any other party by you. We may assign or delegate, in part or in whole, this Agreement to any third party.
OWNERSHIP OF MATERIAL
Old Second National Bank’s Mobile Banking and O2 Online Banking is a product of Jack Henry & Associates, Inc. Unauthorized reproduction in whole or part is prohibited.
Terms and conditions of this Agreement may be amended in whole or part at any time within 30 days' written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. If you use O2 Online Banking after a change becomes effective, you have agreed to any and all changes. Amendments or changes to term(s) or condition(s) may be made without prior notice if it does not result in higher fees, more restrictive service use, or increased liability to you.
By accepting this Agreement and/or using this service, you hereby acknowledge and understand the terms provided in this Agreement and additionally ratify and affirm all terms and conditions noted herein. It is also understood that acceptance by one account owner constitutes acceptance by all account owners.
This Agreement shall bind and benefit us, you and our successors and assigns. You and the Bank waive all rights to trial by jury in any litigation or other proceeding arising out of or relating to this Agreement. Our failure to enforce any right under this Agreement shall not constitute a waiver of any future rights or excuse your subsequent breach of the same obligation. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Accounts and services provided will continue to be subject to any separate agreements governing them, except where noted in this Agreement, and the following:
• Our rules, procedures, and policies applicable to each account and each service;
• The rules and regulations of any funds transfer system used in connection with O2 Online Banking; and
• Applicable state and federal laws and regulations.
This Agreement supplements those and any other agreements or disclosures related to your accounts(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this Agreement shall supersede. Your use of O2 Online Banking and its related modules, including Mobile Banking is considered your acceptance of these terms and conditions.