mBANK’S INTERNET BANKING AND BILL PAYMENT AGREEMENT
This mBank’s Services and Bill Payment Agreement and Disclosure (“Disclosure”) governs the use of Internet Services. The Service permits mBank customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer or mobile device. This Disclosure, along with mBank’s Terms and Conditions Disclosure, Truth-in-Savings Disclosure, Limits and Fees Disclosure, and Privacy Notice (collectively, “the Agreement”) explain the terms and conditions governing your accounts and the Service. mBank reserves the right to modify these terms and conditions at any time with or without notice. By enrolling in and using the Service, you agree to be bound by these terms and conditions and any modifications thereof. “We,” “us,” and “our,” shall refer to mBank. “You” or “your” shall refer to the Consumer or Entity we permit to use the Service and consents to this Disclosure.
Definition of Certain Terms
Business – means a sole proprietorship, partnership, limited liability company, corporation, or other legally recognized business entity.
Billers – means a person or entity from which you receive electronic bills.
Company Representative - means, if you are a Business, anyone we reasonably believe, in accordance with our security procedures to be authorized to act on your behalf in connection with the Service.
Bill Pay Service - means the portion of the Service that allows you to make payments and obtain information in accordance with this Disclosure.
Bill Payment – means a payment made through Bill Pay.
Bill Pay Funding Account - means a qualifying checking Account from which you may make Bill Payments using our Bill Pay service
Business Day – means Monday – Friday, except all legal and banking holidays.
Online - means through the Internet by use of a personal computer or other screen-based electronic device.
Telephone - means through audio telephone connection.
Account - means a deposit account for which transactions may be performed using the Services and Bill Payment Services.
Consumer – means an individual.
Consumer Account - means an account established primarily for personal, family, or household use by a Consumer.
Business Account – means an account that is not a Consumer Account.
Device – means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic and which is also capable of receiving text messages.
Payee – means any person or entity that we agree to process Bill Payments on your behalf.
Access Codes – include the customer identification number, password and any other means of access to our Services we establish or provide for you.
Internet Banking – means the portion of the Service that allows you to access Accounts, review activity on Accounts, transfer funds between Accounts, and view and print checks and deposit slips.
Mobile Banking – means the portion of the Service that allows Consumers and Businesses access to Account information, review balances and transaction history of Accounts, and transfer funds between Accounts via a Device browser or over a Short Message Service (“SMS”).
Service – means collectively the Bill Pay Service, Internet Banking, and Mobile Banking.
GENERAL TERMS AND CONDITIONS
Terminating This Agreement
This Disclosure will stay in effect until it is changed or terminated.
We have the right to terminate this Disclosure at any time. We will ordinarily send you notice of any termination, but we are not required to do so unless applicable law requires such notice. Once we terminate this Disclosure, no further or pending Bill Payments will be made, including but not limited to any Bill Payments scheduled in advance or any pre-authorized recurring Bill Payments.
You may terminate this Disclosure at any time by notifying us in writing. However any instructions from you to make Bill Payments will continue in effect until we have received your written notice of termination and have had a reasonable opportunity to act upon it. Once we have acted upon your notice, no further or pending Bill Payments will be made, including but not limited to any Bill Payments scheduled in advance or any pre-authorized recurring Bill Payments.
Changing Terms or Amendments
We may amend this Disclosure at any time and any applicable fees and charges for the Service at any time by posting a revised version on the Site or mailing a revised Agreement to you. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of revised version of the Agreement on the site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate the Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Services more recent revisions, updates, upgrades or enhancements.
No delay or omission by us in exercising any rights or remedies under this Disclosure or applicable law shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of that right or remedy or the exercise of any other right or remedy. No waiver shall be valid unless in a writing enforceable against us.
Notices and Communications
Except as otherwise provided in this Disclosure, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through electronic means. All notices and communications sent by you to us will be effective when we have received them and have had a reasonable time to act on them.
You agree to notify us promptly of any change in your mailing address, e-mail address, or telephone number.
If we become involved in legal action to defend or enforce this Disclosure, you agree to pay our reasonable attorney fees and court costs, to the extent not prohibited by law.
We may assign our rights and/or delegate our duties under this Disclosure to a company affiliated with us or to any other party.
Regardless of where you live or work or where you access our Bill Pay Service, this Disclosure is subject to the law of the State of Michigan and the federal law of the United States of America. If any of the terms of this Disclosure cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.
LIABILITY. THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL MBANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR ONLINE BANKING. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT MBANK’S 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. YOU ALSO AGREE TO INDEMNIFY AND HOLD MBANK HARMLESS (INCLUDING THE PAYMENTS OF REASONABLE ATTORNEY’S AND PARALEGAL FEES AND OTHER COSTS) AGAINST ALL LIABILITY TO THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE TERMS, CONDITIONS OR SERVICES PROVIDED UNDER THE AGREEMENT OR OTHERWISE PURSUANT TO YOUR INSTRUCTIONS.
EXCLUSIONS OF WARRANTIES. THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Restrictions on Use. You agree not to use the Services in or for any illegal, fraudulent, unauthorized or improper manner or purpose and the Service will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations. Without limiting the foregoing, you agree that you will not use the Services to transmit or disseminate: (i) junk mail, spam or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by us (in our sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of mBank or any third-party service provider involved in the provision of the Services; or (iv), material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose us, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of a service provider or any third party. You agree that you will not attempt to: (i) access the Services for which your use has not been authorized; (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services, the security of the Services, or other customers of the Services, or otherwise abuse the Services.
You agree to all of the provisions of this Disclosure (to the extent applicable) by any and all of the following means:
Using our Bill Payment and internet banking services to perform any transactions;
Physically signing this Disclosure;
Causing your company representative to physically sign this Disclosure, if you are a Business; and
Completing a separate electronic consent form to receive disclosures and enter into this Disclosure electronically.
Your electronic consent or use of the Service has the same effect as if you had signed this Disclosure with your physical signature or that of your authorized company representative. You consent to us retaining this Disclosure in electronic format only.
Your physical signature, electronic consent, or use of our Bill Payment and internet banking services is also your acknowledgement that you have received a copy of this Disclosure in paper form, or if you have provided a separate electronic consent, in electronic form. If you are offered or provided an electronic copy of this Disclosure but would like to have a paper copy, please contact us at 1-888-343-8147, write to us at mBank, 130 S. Cedar Street, Manistique, MI 49854, or email us at firstname.lastname@example.org and we will forward a hard copy to you.
Requirements for Use
To use the Service, you must:
Have an online access device with service through an Internet service provider;
Have Access Codes provided by mBank;
Have a valid email account;
Use and maintain a commercially acceptable anti-virus/anti-spyware software;
Use and maintain a commercially acceptable firewall (hardware/software); and
Maintain an updated web browser and operating system.
You may perform the following transactions through the Service:
View current balance and transaction history for your Accounts;
Transfer funds between Accounts;
Make payments to your loan account with mBank;
View and print checks and deposit slips that have posted to your Account; and
Request stop payments be placed on your checking Account.
Communications Link and Your Equipment
It is your responsibility to obtain and maintain your communications link to our Bill Pay Service to ensure that your use of such online communications link is in compliance with applicable requirements, including any requirements of telecommunications companies and authorities. You are responsible for obtaining, installing, maintaining and operating all hardware, software, and internet access services necessary for obtaining the Service.
We make no warranties, express or implied, in connection with such software, including without limitation, the warranties of merchantability and fitness for a particular purpose.
The Services will not work unless you use it properly. You accept responsibility for making sure that you understand how to use the Service before you actually do so, and you use the Service in accordance with this Disclosure and any instructions posted on our website. You also accept responsibility for making sure that you know how to properly use your mobile device, computer, and any software provided by us. In the event we change or upgrade the Services, you are responsible for making sure that you make the appropriate upgrades and understand how to use the changed or upgraded software. mBank will not be liable to you for any losses caused by your failure to properly use the Services. Further, you agree to exercise caution when using the Services and to use good judgment and discretion when transmitting information.
Access Codes Consumer Accounts
To use the Bill Pay Service, you must use the Access Codes we establish or provide to you. We recommend that you keep them confidential to prevent unauthorized use or loss to your Accounts. Anyone to whom you give your Access Codes will have full access to your Accounts even if you attempt to limit that person’s authority. This includes the ability to make transfers and Bill Payments. Additionally, that person will have full access to any other of your Accounts which are accessed by the Access Codes, even if those Accounts are in your name with another person.
You are solely responsible for controlling the safekeeping of and access to your Access Codes. You are liable for all transactions you make or that another person makes if you have provided them your Access Codes, even if that person exceeds his or her authority. If you provide the Access Codes to a third party, any transaction made by the third party will be deemed to be a transaction by you or authorized by you. If you want to terminate another person’s authority, you must notify mBank and arrange to change your Access Codes.
None of mBank’s employees or employees of our affiliates will contact you via phone or e-mail requesting your Access Codes. If you are contacted by anyone requesting this information, please contact us immediately by calling mBank at 1-888-343-8147 or write to mBank Operations Department, 130 S. Cedar Street, Manistique, MI 49854 or e-mail us at email@example.com – be sure to include your e-mail address. We recommend contacting us by telephone to limit potential losses.
mBank recommends that you follow some general guidelines to safeguard your Access Codes:
Do not walk away from your computer while still logged on to the Services or Bill Pay;
Choose Access Codes that are easy to remember, but not easy for someone else to guess;
Memorize your Access Codes; and
Contact mBank immediately if you believe your Access Codes have been lost, stolen, or compromised in some way.
Protecting Your Personal Information – Consumer Accounts
In addition to protecting your Access Codes, you should also take precautions to protect your personal identification information, such as your driver’s license, Social Security number, or tax identification number. This information by itself or together with account information may allow unauthorized access to your Accounts. You should treat personal information with the same level of care that you would your Account information. You should also protect and secure all information and data stored on any personal computer or other equipment you use to access the Services or Bill Payment Services.
BILL PAY SERVICE
Individual Agreement for Bill Payment Services - Consumer Accounts
Each owner of an Account must obtain his/her own Access Codes. However, your Bill Pay Funding Accounts may be jointly owned with others. If both Account holders wish to use the Service, each will be required to obtain Access Codes and separately consent to this Disclosure.
Bill Payment Funding Accounts
You must be a named owner of the Bill Pay Funding Account in our records for it to be a qualifying Account. All of the qualifying Accounts in your profile with us will be available as Bill Payment Funding Accounts. If there is more than one qualifying Account, we will ask you to designate a default Account that will automatically be the Bill Pay Funding Account used absent your choice of a different Account.
You must designate the persons or entities you want to pay through our Bill Pay service (i.e. Payees). You may include mBank as a Payee or yourself for Bill Payments to an account that you have at another financial institution. However, Bill Payments to individuals or entities outside of the United States of America (U.S.) are not permitted. Also, all Bill Payments must be made in U.S. currency. Finally, we have the right to refuse to allow you to designate any particular Payee or class of Payees. We recommend that you do not make tax payments or court-ordered payments through Bill Pay.
In order to designate the persons or entities as Payees, you must complete a Bill Pay enrollment form. If you wish to add a new Payee, use the “Add a Company or Person To Pay” on the Bill Pay site. You may add a new recurring Bill Payment to a Payee, only if the Payee is on your authorized list of Payees. Each Payee accepted by mBank will be assigned a Payee code. mBank is not responsible if a Bill Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or, if you attempt to pay a Payee that is not on your authorized Payee list.
You must give us any account numbers or other identifying information that we or a Payee need to properly credit your Bill Payments. If any Payee account number or identifying information changes, or if you want to add or delete Payees or other accounts with us, you must provide us with such changes by following the instructions listed on the Bill Pay system.
Bill Payment Transactions
The earliest possible payment date for each Payee will be provided in the Bill Pay system at the time you are scheduling a Bill Payment, and, therefore, you may not schedule a Bill Payment before that date. You must select a “deliver by date” when scheduling the Bill Payment. When making a Bill Payment, the deliver by date options available to you will typically be five or fewer Business Days from the date you are initiating the Bill Payment. When scheduling Bill Payments, you must select a deliver by date that is no later than the due date indicated on your bill from the Payee, unless the due date falls on a non-Business Day. In this instance, you must schedule your Bill Payment before the actual due date.
You authorize us to follow Bill Payment instructions received from you through Bill Pay. In order to process Bill Payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Payee directives. When we receive a transfer instruction for a Bill Payment, you authorize us to charge your Account and remit funds on your behalf so that the funds arrive on or close to the due date that you designate. Your Account will be debited on the Bill Payment scheduled date (payment date). You also authorize mBank to credit your Account for Bill Payments returned to us by the U.S. Postal Service or a Payee, or payments remitted to you on behalf of another authorized user of Bill Pay. The process date is selected by the Bill Pay Service based on your selected payment date.
You agree to have available and collected funds on deposit in the Bill Pay Funding Account you designate in amounts sufficient to pay for all Bill Payments requested, as well as, any other payment obligations you have to mBank. Payments will be posted to the Bill Pay Funding Account and/or to any other Account with us that are involved in the transaction, on the payment date. Each Bill Payment you make on a non-Business Day, or after our Bill Pay cut-off time (below) on any Business Day, will be considered made on the following Business Day. mBank reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this Disclosure. If you do not have sufficient funds in your Bill Pay Funding Account or another account designated and mBank has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree mBank, at its option, may charge any of your Accounts to cover such payment obligations
To the extent the automated clearing house (ACH) network is used to facilitate your Bill Payments, you agree to be bound by the National Automated Clearing House Rules. Further, you agree no Bill Payment will violate or violates any U.S. law.
You may cancel or edit any Bill Payment by following the directions in the Bill Pay service. There is no charge for canceling or editing a Scheduled Payment. However, once a Bill Payment has begun processing, a payment cannot be cancelled or edited, therefore a stop payment request must be submitted.
Bill Payment Transaction Types
There are two types of Bill Payments that can be utilized when using our Bill Payment service:
Single Bill Payments – A single Bill Payment will be processed on the Business Day the Bill Pay Service determines is necessary for your payment to arrive by the date you designate as the Bill Payment’s payment date, provided the Bill Payment is submitted prior to the daily cut-off time of 10:00 P.M. EST. A single Bill Payment submitted after the cut-off time on the designated process date will be processed on the following Business Day. If you designate a non-Business Day as the Bill Payment’s payment date, the Bill Payment process date will be adjusted to the First Business Day prior.
Recurring Bill Payments – When a recurring Bill Payment is processed, it is automatically rescheduled by the system based upon your selected frequency settings for the Bill Payment. If the calculated process date is a non-Business Day, it is adjusted as follows: The payment date for the new occurrence of the Bill Payment is adjusted to the first Business Day prior to the calculated payment date.
NOTE: If your frequency settings for the recurring Bill Payment specify the 29th, 30th, or 31st as a particular day of the month for payment and that day does not exist in the month of the calculated payment date, then the last calendar day of the month is used as the calculated payment date.
mBank reserves the right to change the cut-off time and will notify you in the event the cut-off time does change.
Limits on Bill Pay Transactions
For security reasons, we may implement limits on the number or amount of transactions you can make using our Bill Pay service. We also reserve the right to limit or suspend access to our Bill Pay service as we deem necessary for security reasons. We may also limit access from countries other than the United States of America. All Bill Payments must be equal to or greater than $1.00.
The following limits apply for Consumer bill payment transactions:
Pay a Company or Person: $25,000.00 transaction limit
Service Guarantee. Due to circumstances beyond the control of mBank, particularly delays in handling and positing payments, some transactions may take longer to credit to your Account. mBank’s third party service provider will bear responsibility for any late payment charges up to $50.00 should a payment post after its due date so long as the payment was scheduled in accordance with this Agreement.
mBank will use its best efforts to make all your payments properly. However, mBank nor its third party processor shall incur liability and any Service Guarantee shall be void if Bill Payment is unable to be completed because of the existence of any one or more of the following circumstances:
If, through no fault of mBank or its third party vendor, your Bill Pay Funding Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
The payment processing center is not working properly and you know or have been advised about the malfunction before you execute the Bill Payment;
You have not provided mBank with the correct Payee information, or the correct name, address, phone number, or account information for the Payee; or
Circumstances beyond the control of mBank or its third party vendor (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and mBank and/or its third party processor has taken reasonable precautions to avoid those circumstances.
If none of the foregoing provisions are applicable, if an incorrect amount of funds are removed from your Bill Pay Funding Account or funds from your Bill Pay does not comport with your instructions, mBank or its third party processor will be responsible for returning the improperly transferred funds to your Bill Pay Funding Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
The Service Guarantee does not apply to any late payment related charges related to Bill Payments for tax payments or court ordered payments. mBank has no obligation to resolve or research any claim resulting from a tax or court ordered payment. All research and resolution for any misapplied misposted, or misdirected payments are the sole responsibility of you and not mBank or its third party service provider.
ELECTRONIC BILL DELIVERY AND PRESENTMENT
If you subscribe to Bill Pay, you can arrange to receive certain bills electronically from Billers (“eBill”).
Information Provided to the Biller. mBank will not update or change your personal information (e.g., your name, mail or email address, or phone number) with electronic Billers. You will need to contact Billers directly to update their records for you. Additionally, it is your responsibility to maintain all user IDs, passwords, and other authentication information for all electronic Biller websites. You agree that mBank may provide Billers with your email address, mailing address, and other information specifically requested by the Biller to facilitate Bill Pay.
Activation. Upon activation of the eBill feature, mBank may notify the Biller of your request to receive bills electronically. The presentment of your first eBill may vary from Biller to Biller and may take up to 60 days, depending on the billing cycle of each Biller. Whether you also receive a paper copy of your bills is at the sole discretion of the Biller. While your eBill feature is being activated, it is your responsibility to keep your accounts with Billers current. Each electronic Biller reserves the right to accept or deny your request to receive eBills.
Authorization to Obtain Billing Information. By activating the eBill feature, you authorize mBank to obtain billing information from Billers on your behalf. For some Billers, you will be asked to provide mBank with your user name, password, and/or other authentication information for the Biller. You authorize mBank to use that information to obtain your billing information.
Notification. mBank will use reasonable efforts to present your eBills to you promptly. mBank may send an e-mail notification to the e-mail address listed for your Account. It is your sole responsibility to ensure that the information is accurate. In the event that you do not receive notification, it is your responsibility to periodically log-on to Online Banking and check on the delivery of new eBills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
Cancellation of eBill Notification. Electronic Billers reserve the right to cancel the presentment of bills provided electronically at any time. You also may cancel eBill presentment at any time. The time frame for cancellation of your eBill presentment may vary from Biller to Biller. It may take up to 60 days, depending on the billing cycle of each Biller. Although mBank may notify your electronic Biller(s) regarding the change in status of your account with Biller, it is your sole responsibility to make arrangements for an alternative form of bill delivery. Neither mBank nor mBank’s service providers shall be responsible for presenting any eBills that are already in process at the time of cancellation.
Non-Delivery of eBill(s). You are solely responsible for contacting Billers directly if you do not receive their bills electronically. You agree to hold mBank harmless if a Biller fails to deliver your bills electronically. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and Dispute of eBills. mBank is not responsible for the completeness or accuracy of your eBill(s). Any discrepancies or disputes regarding the accuracy of your eBill must be addressed with the Biller directly. This Agreement does not alter your liability for obligations between you and your Billers.
ACCOUNT TO ACCOUNT TRANSFERS
You may use the Service to direct mBank to transfer funds between your Accounts. We may not process a transfer request if your Account (including any available overdraft account or line of credit) does not contain sufficient funds for the transfer.
mBank will process all account to account funds transfer instructions received by 7:00 pm Eastern Time on that Business Day. If the funds transfer instruction is received after the above cutoff time or on a non-Business Day, it will be processed on the next Business Day. If we permit recurring transfers from your Account, you can instruct us to make recurring transfers to the same Account or to another one of your Accounts. Once a transfer to another member’s account is processed, it may not be reversed.
MOBILE BANKING SERVICE
Mobile Banking is comprised of access to certain information regarding your Account and the ability to conduct certain Account activity through your Device’s Internet browser, through a downloadable application. To enroll in Mobile Banking or to use the Software, you must be enrolled in Internet Banking. To enroll you must login to your account via Internet Banking. Click the OPTIONS hyperlink and locate the MOBILE BANKING PROFILE section and click on ENROLL NOW. Then follow the instructions to complete the enrollment process. Should you have any questions about the service please call 1-888-343-8147 or visit us at any one of our locations. To access Mobile Banking through an application on your mobile phone, you will need to download the mobile application at either the Google© Play Store or the Apple© Store.
By participating in Mobile Banking or using the Software, you are agreeing to be bound by the terms in this Section. In the event of a conflict between the provisions of this Section and any other mBank agreement or terms and conditions, the terms of this Section shall govern with respect to your use of Mobile Banking. However, at the time of activation of Mobile Banking, additional terms may apply. From time to time, mBank may revise or update Mobile Banking, Software, and/or related material, which may render all such prior versions obsolete.
Not all products, services or functionality described for Online Banking and in this Disclosure are available through Mobile Banking. Therefore, you may not be eligible to use all products, services, or functionality described when you access or try to access them using a mobile device.
Information available via Mobile Banking, including balance inquiry and transaction, transfers and payment information, may differ from the information that is available directly through Internet Banking without the use of a mobile device. We are not responsible for such differences, whether or not attributable to your use of Mobile Banking.
Compatible Mobile Devices
Mobile Banking is not available through all Devices. The selection of a Device that will enable you to access Mobile Banking is your sole responsibility and all issues relating to the operation, performance, and costs associated with such Device are between you and your communications service provider.
Your communications service provider for your mobile device may impose extra fees in order to make such Device data-capable and to exchange data between your Device and Mobile Banking. You are responsible for any and all charges imposed by your communications service provider.
Mobile Banking and/or software (including instructions for payment and transfer transactions, through Mobile Banking) may not be available, or may be delayed or impacted, at any time for any reason outside of its reasonable control (such as, but not limited to, telecommunication failure, fire, flood, or interference from an outside force) or that of any service provider. mBank shall not be liable for any claim, loss or damage arising from or related to Mobile Banking caused by or arising out of any such unavailability or delay or any non-delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through Mobile Banking.
LIABILITY FOR UNAUTHORIZED TRANSFERS – CONSUMER ACCOUNTS (Regulation E Disclosure)
Tell us AT ONCE if you believe your Access Codes have been lost, stolen, or otherwise compromised or used without your authorization. Telephoning us is the best way of reducing your possible losses. You could lose all the money in your Account (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you learn of the loss or theft of your Access Codes involving a Consumer Account, you can lose no more than $50.00 if someone used them without your authority.
If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Access Codes, and we can prove that we could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00.
Also, if your Consumer Account statement shows Bill Payments covered by the Agreement that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If you believe that your Access Codes have been lost or stolen, call us at 1-888-343-8147, or write to us at mBank, 130 S. Cedar Street, Manistique, MI 49854.
You should also call the number or write to the address listed above if you believe a transaction has been made without your permission.
If a good reason, such as a long trip or hospital stay, prevented you from telling us, we will extend the time periods.
Limitations on Use
Any number of transactions may be affected through your use of the Services. You may use the Services to:
Transfer funds between your Accounts;
Make loan payments from your Accounts; and
Make transfers to Payees from your Accounts.
Limitations on Frequency of Transfers
The following limitations apply:
You are limited to no more than six (6) withdrawals or transfers to another bank or third party by means of pre-authorized, automatic transfer or telephone order or instruction, whether initiated by check, draft, debit card or similar order to a third party from any savings or money market accounts.
All Bill Payments must be equal to or greater than $1.00.
Currently mBank does not charge a fee for using the Service. However, fees may be charged for certain services offered through the Services as outlined in the Limits and Fees Disclosure.
If you have signed up for mBank’s Bill Payment Service through internet banking and have not initiated a payment within a calendar month, your account may be charged a $3.00 per month non-usage fee.
Disclosure of Information to Others
We may disclose information about you or your Accounts with us as follows:
To consumer reporting agencies;
For fraud, security or risk control;
To help complete a transaction you initiate, including information requested to verify the existence or condition of an Account;
To resolve disputes or inquiries you may have about your Accounts;
With your consent or at your direction, which may be oral, in writing, by telephone, electronic or other means we recognize;
When disclosure is required by law, such as pursuant to court order, subpoena, legal process or government agency examination or investigation, or to protect or enforce our rights;
To companies that perform services for us in connection with your Accounts, such as data processing and software companies and collection agencies; and
As otherwise necessary to service your Account, or as permitted or required by law.
Your Bill Payment and Internet Banking transactions will be indicated on the monthly statements we provide or make accessible to you for the Accounts with us that are involved in the transaction. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement or in any statement information.
In Case of Errors or Questions
Call us at 1-888-343-8147, or write us at mBank, 130 S. Cedar Street, Manistique, MI 49854 as soon as you can, if you think your statement is wrong or if you need more information about a Bill Payment covered by this Disclosure which is 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 Bill Payment you are unsure about, and explain as clearly as you can why you believe it is an error and 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 so that we receive it within 10 Business Days.
We will determine whether an error occurred 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 provisionally credit your Account within 10 Business Days 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 10 Business Days, we are not required to provisionally credit your Account.
For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 Business Days to provisionally credit your Account for the amount you think is in error.
When the investigation is completed, we will make any necessary or appropriate adjustments to your Account. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error or the error was different than you described, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
mBank’s Liability for Failure to Complete Payments
If we do not complete a Bill Payment or transfer from a Consumer 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 exceptions. We will NOT be liable, for instance:
If, through no fault of ours, you do not have enough available money in the Account from which a Bill Payment is to be made, or if the Account has been closed or is not in good standing, or if we reverse a Bill Payment because of insufficient funds;
If any Bill Payment would go over the credit limit of any overdraft or other credit account;
If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction;
If you have not given us complete, correct or current account numbers or other identifying information so that we or a Payee can properly credit your Account or otherwise complete the transaction;
If you do not properly follow our instructions or if you provide us with incorrect or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware;
If you receive notice from a Payee that any Bill Payment you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact;
If the Payee was a person or entity that you are not permitted to designate as a merchant;
If you do not instruct us soon enough for your Bill Payment to be received and credited by the time it is due;
If a Payee, other than us, does not process your Bill Payment promptly or correctly;
If the money in the Account from which a Bill Payment is to be made is subject to legal process or other claim restricting the transaction; and
If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
Stopping or Changing Payments
If you want to stop or change Bill Payments you have instructed us to make, you must notify us before we have started processing the transaction. This applies to both individual Bill Payments as well as pre-authorized recurring Bill Payments.
The normal way to do this is for you to access the appropriate function in our Bill Payment System prior to the date and time the Bill Payment System is scheduled to process the payment If allowable, the Bill Payment System will have an edit option to show if the payments can be stopped or changed. You may call us at 1-888-343-8147, or write to us at mBank, 130 S. Cedar Street, Manistique, MI 49854, or by using any electronic stop payment method which we provide for this purpose. If you call or write, you must do this in time for us to receive your request 3 Business Days or more before the Bill Payment is scheduled to be made. If you call, we may also require you to put your request in writing on paper and get it to us within 14 days after you call.
If you feel mBank has violated the Michigan law with respect to the use of the Services, you may contact the following regulatory authority:
Department of Insurance and Financial Services
PO Box 30220
Lansing, MI 48909-7720
Your Liability for Authorized Transactions
You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your Access Codes and want to terminate that person’s authority, you must notify us that transactions by such person are no longer authorized. We may have to change your Access Codes or take additional steps to prevent further access by such person.
THE FOLLOWING SPECIAL PROVISIONS APPLY TO BUSINESS ACCOUNTS
To use our Services, you must use the Access Codes we establish or provide for you. Keep them confidential to prevent unauthorized use or loss to your Accounts. Anyone to whom you give your Access Codes will have full access to your Accounts even if you attempt to limit that person’s authority. Additionally, that person will have full access to any other of your Accounts which are accessed by those Access Codes, even if those Accounts are in your name with another person.
You are solely responsible for controlling the safekeeping of and access to, your Access Codes. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify mBank and arrange to change Access Codes.
None of mBank’s employees or employees of our affiliates will contact you via phone or e-mail requesting your Access Codes. If you are contacted by anyone requesting this information, please contact us immediately by calling mBank at 1-888-343-8147 or write to mBank Operations Department, 130 S. Cedar Street, Manistique, MI 49854 or e-mail us at firstname.lastname@example.org – be sure to include your e-mail address.
mBank recommends that you follow some general guidelines to safeguard your Access Codes:
You and Company Representatives should not walk away from your computer while still logged on to the Services;
Choose Access Codes that are easy to remember, but not easy for someone else to guess;
You and Company Representatives should memorize your Access Codes; and
Contact mBank immediately if you believe your Access Codes have been lost, stolen or compromised in some way.
You may ask mBank to disable your Access Codes at any time. New Access Codes may be e-mailed to you after speaking to a customer service representative.
Business Entity Company Representative
To access the Bill Pay service you will need to complete a Bill Pay Service enrollment form. Once this is complete, Access Codes will be provided. Each time you access the Services, you will be asked to enter your Access Codes. Correct responses will give you access to the Services.
Businesses will be issued one set of Access Codes and the Access Codes will be provided to a Company Representative. It is your responsibility to ensure that Access Codes are provided only to persons you authorize. You represent to us that each Company Representative and anyone else using your Access Codes has general authority from your Business to give us instructions to perform transactions using our Bill Pay service.
Each person using your Access Codes will have the ability to:
Make Bill Payments from all Bill Pay Funding Accounts, regardless of the dollar amount of the transaction;
Make Bill Payments regardless of whether he/she is otherwise an authorized signer on any Bill Pay Funding Accounts that are accessed;
Obtain information that we make available about qualifying Accounts;
Obtain other services or perform other transactions that we authorize or allow; and.
Allow anyone else to use those Access Codes to make Bill Payments or obtain information or other services.
Business Entity Liability for Transactions
You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you or a Company Representative have given someone your Access Codes and you want to terminate that person’s authority, you must notify us that transactions by such person are no longer authorized. We may have to change your Access Codes or take additional steps to prevent further access by such person.
Since our Bill Pay Service is designed so that it may be operated only upon entry of valid Access Codes, we will accept instructions for Bill Payments or other transactions from any person using valid Access Codes. This is true even if the person obtaining access:
Is not a Company Representative;
Exceeds your authority or that granted by any Company Representative;
Does not have your authority;
Has had his/her authority changed or revoked; or
Is an imposter or thief.
You agree to be bound by all transactions from any Business Account for which valid Access Codes were used. You authorize mBank to treat any instructions we receive using valid Access Codes as if the instructions had been made in writing and signed by the appropriate Company Representative. Unless there is substantial evidence to the contrary, our records will be conclusive regarding any access to, or action taken through our Service. Notwithstanding the foregoing, we agree that you will not be responsible for transactions which occur after you have notified us to block the Access Codes that were used to perform the transactions, and we have had a reasonable opportunity to do so. Therefore, to keep your losses down, you should notify us of any problem right away.
You agree to promptly examine all Account statements and any confirmations of Bill Payments which we or other banks may send or make available to you, and to promptly notify us of any discrepancy or error within 30 days of receipt of any such statement of confirmation.
Contact us as soon as possible if you think your statement is incorrect or if you need more information regarding a Bill Payment covered by this Disclosure. You may call us at 1-888-343-8147, write to us at mBank, 130 S. Cedar Street, Manistique, MI 49854 or e-mail us at email@example.com – please be sure to include your email address when contacting us via email.
Limitations on mBank’s Liability for Business Entities
mBank will make every reasonable effort to provide full performance of our Bill Pay System, and on a timely basis to resolve disputes that may arise. We will only be responsible for acting on instructions that we actually receive. We cannot assume responsibility for any malfunctions or capacity reductions or other problems in your equipment or in public communications networks not under our control that may affect the accuracy or timeliness of transactions you perform. Our only liability is to correct errors within our control. We are not responsible or liable to you for any loss, damage or injury caused by our Bill Pay system. Neither will mBank be liable for any consequential, incidental, special, indirect or punitive loss or damage, including but not limited to dishonor of checks or other items or expenses which you may incur or suffer by reason of this Disclosure or the services we provide, whether or not the possibility or likelihood of such loss, damage, or expense is known to us.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES WE PROVIDE YOU UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
By entering into this Disclosure and using our Bill Payment service to perform transactions from Business Accounts, you agree to comply with all of our present and future security procedures with respect to transactions and services covered by this Disclosure. This includes, but is not limited to, protection of Access Codes and other personal and business information. Our security procedures are contained in this Disclosure and in other written procedures we may provide to you.
You acknowledge receiving a copy of our current security procedures in this Disclosure and other documents we may provide to you. You agree that our current security procedures are commercially reasonable in the context of your business operations. We may at any time change our security procedures. We may advise you of such changes to the extent they affect your use of transactions and services under this Disclosure, but failure to do so will not affect your obligations or our rights. You agree to give all of our security procedures the highest level of confidentiality and to ensure that no Access Codes are used by or accessible to anyone other than the persons you have authorized.
Notwithstanding any security procedure, which may from time to time be in effect for detecting errors in transactions covered by this Disclosure, we have no duty to discover or report to you any such errors. Neither shall we be liable to you for the failure of such security procedure to detect such errors, regardless of the manner in which we apply such security procedures.
You agree to indemnify us and hold us harmless from and against any and all claims, demands, expenses, including but not limited to reasonable attorney fees and costs, losses or damages claimed by any third parties, including but not limited to any company representatives or other persons authorized to perform transactions, arising out of (1) any transactions or attempted transactions covered by this Disclosure from a Business Account or (2) your breach of this Disclosure.
Limits on Bill Pay Transactions
For security reasons, we may implement limits on the number or amount of transactions you can make using our Bill Pay service. We also reserve the right to limit or suspend access to our Bill Pay service as we deem necessary for security reasons. We may also limit access from countries other than the United States of America. All Bill Payments must be greater than $1.00 and less than or equal to $99,999.99.
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