Agreement – This Agreement is a contract which establishes the rules which cover your electronic access to your accounts at Macatawa Bank (“BANK”) through the Macatawa Online Banking Services System (“SYSTEM”). By using SYSTEM, you accept all the terms and conditions of this Agreement. Please read it carefully.
The Terms and Conditions of the deposit agreements and disclosures for each of your BANK accounts as well as your other agreements with BANK such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of Michigan (except to the extent this Agreement can and do vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and BANK’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment process and Fee Schedule, constitutes the entire agreement between you and BANK with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
Definitions – As used in this Agreement, the words “we”, “our”, “us” and “BANK” mean Macatawa Bank. “You” and “your” refer to the accountholder authorized by BANK to use SYSTEM under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through SYSTEM. “Account” or “accounts” means your accounts at BANK. The words, “Bill Pay”, “Bill Payment” and “Bill Pay Services” mean the “Bill Payment Service”. “Electronic funds transfers” means ATM withdrawals, preauthorized transactions, point of sale transactions, MACLine telephone transactions, transfers to and from your BANK accounts using SYSTEM including the “Bill Payment Service” and “Mobile Banking Service”. “SYSTEM Services” means the services provided pursuant to this Agreement, including the Bill Payment Service, and Mobile Banking Service. “FEE SCHEDULE” means the fees associated with utilizing the SYSTEM. “BUSINESS DAY” means Monday through Friday. Banking Holidays are not included.
Access – Generally, to use SYSTEM, you must have at least one checking account at BANK, access to Internet service, and a valid e-mail address.
Once you have completed the online enrollment request and we have verified your information, you will be granted access to the SYSTEM. Your User ID and Password will be selected and assigned during the online enrollment process. The SYSTEM can then be used to access your BANK accounts. We undertake no obligation to monitor transactions through SYSTEM to determine that they are made on behalf of the accountholder.
SYSTEM Services – You can use SYSTEM to check the balance of your BANK accounts, view BANK account histories, transfer funds between your BANK accounts, make stop payment requests, change your address, pay people (ZashPay SM ; Popmoney®, transfer funds from Bank to Bank (Account-to-Account ("A2A")SM Transfer Service), and pay bills from your BANK checking accounts in the amounts and on the dates you request, subject to system availability and other restrictions that may apply. Balance and activity information will be available as of close of business of the previous BUSINESS DAY. If available, we may at our discretion, display transactional activity from the current day. You understand that balances provided may not include recent or pending transactions that have not yet posted to your account and that other restrictions may apply.
Hours of Access – You can use SYSTEM seven days a week, twenty-four hours a day, although some or all SYSTEM services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the SYSTEM Web site (www.macatawabank.com).
Your Password – For security purposes, you are required to change your password upon your initial login to SYSTEM after logging into the SYSTEM for the first time. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to SYSTEM will be revoked. To re-establish your authorization to use SYSTEM, you must contact us to have your password reset or to obtain a new temporary password. We recommend that you create a password that is a minimum of eight characters in length, and that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, etc. and should be memorized rather than written down.
Security – You understand the importance of your role in preventing misuse of your accounts through SYSTEM and you agree to promptly examine your periodic statement for each of your BANK accounts as soon as you receive it. You agree to protect the confidentiality of your password and login ID, which are intended to provide security against unauthorized entry and access to your accounts. Data transferred via SYSTEM is encrypted in an effort to provide transmission security and SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the SYSTEM is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing BANK SYSTEM, or e-mail transmitted to and from us, will not be monitored or read by others.
Fees and Charges – You agree to pay the fees and charges for your use of SYSTEM Services as set forth in the current FEE SCHEDULE. You acknowledge your receipt of the current FEE SCHEDULE and that you are aware of the fees and charges set forth therein for your use of SYSTEM Services. You agree that all such fees and charges will be deducted from the BANK account(s) designated at time of enrollment. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of SYSTEM.
Posting of Transfers – Internal transfers initiated through SYSTEM before 6:00 p.m. (Eastern Time) on a BUSINESS DAY are posted to your account the same day. Transfers completed after 6:00 p.m. (Eastern Time) on a BUSINESS DAY, or at any time on any day other than a BUSINESS DAY will be posted on the next BUSINESS DAY. SYSTEM identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Transfers screens in the Transfer menu option of SYSTEM will not reflect transfers made by multiple users from the same account if different login IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts in order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers, and other Withdrawals) – If your account has insufficient funds to perform all electronic fund transfers you have requested for a given BUSINESS DAY, then:
a. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
b. Electronic fund transfers initiated through SYSTEM which would result in an overdraft of your account may, at our discretion, be cancelled;
c. In the event the electronic fund transfers initiated through SYSTEM which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
d. If your account has been assigned Overdraft Privilege, you may be able to transfer funds in excess of your Available Balance. Please check your Available Balance prior to completing transactions to avoid any possible overdraft charges. Refer to your copy of the Discretionary Overdraft Privilege Policy for complete details.
Limits on Amounts and Frequency of SYSTEM Transactions – This agreement imposes no restrictions on the number of transfer from BANK accounts or the amounts which may be transferred, but certain limits and restrictions on the frequency of transfers may be applicable with respect to the particular types of account subject to this Agreement, particularly money market, savings accounts and certificates of deposit. Federal Regulation D limits certain types of withdrawal and transfer transactions you can make out of your savings or money market account to a maximum combined total of six (6) preauthorized transfers per month. These transactions include automatic transfers for overdraft coverage to your checking account, checks, drafts or similar other withdrawals payable to third parties, point-of-sale (POS) purchase transactions with an ATM/debit card, or by preauthorized or automatic payment transfers (including ACH and wire transfers) via telephone or online (including Bill Pay). Excessive transactions may result in the Bank, at its discretion, either closing your account or changing your account to a noninterest-bearing account. In addition, you may be subject to the payment of penalties for early withdrawal with respect to transfers from certain of these accounts. Certain types of accounts, may have limited functionality based on the type of account. Please refer to the disclosure documents you received at the time these accounts were established for more detailed information on limitations, restrictions or early withdrawal penalties applicable thereto.
SYSTEM Bill Payment Service – You must designate the BANK checking account from which the payments are to be made; the complete name of the payee, the account number, and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a BUSINESS DAY, your account will be debited the previous BUSINESS DAY. By using the SYSTEM Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, “no signature required draft”, or by debiting and remitting funds on your behalf. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly. You may make an unlimited number of Bill Pay transactions per day.
Preauthorized Credits – If you have arranged to have direct deposits made to any of your accounts at least once every 60 days from the same person or company, you may contact us at (616) 820-1863 during normal business hours to find out whether or not the deposit has been made.
How to Cancel a Bill Payment – To cancel a bill payment that you have scheduled through SYSTEM, you must cancel the payment online via SYSTEM (by following the onscreen instructions) before the payment status is “In Process” or “Processed”. Canceling a SYSTEM bill payment item is different than stopping the payment of a check you have written from your account. Once the SYSTEM bill payment has been debited from your account, you CANNOT cancel or stop a SYSTEM bill payment that has been paid electronically. You may be able to stop a SYSTEM bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. You will have to contact us by telephone to determine if the paper draft has cleared. To be effective, this type of cancellation request must precisely identify the name of the payee-assigned account number, the amount and scheduled date of the payment. We may charge you a fee to stop the bill payment.
Stop Payment Requests – You must make a stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Stopping the payment of a check is different from the cancellation of a bill payment. You may initiate a stop-payment request online via the SYSTEM only for paper checks you have written (non-electronically) on your BANK accounts (not SYSTEM bill payer drafts.) Online stop-payment requests are processed on the same day for requests made by 3:00 p.m. (Eastern Time). Online stop-payment requests made after 3:00 p.m. (Eastern Time) will be processed the BUSINESS DAY following the date the stop- payment has been requested online. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item.)
If you make your stop-payment request online, we may also require you print, sign, and get the stop-payment form to us within 14 days after your request. You will incur stop-payment charges as disclosed in the current FEE SCHEDULE for the applicable account.
Confidentiality – We will disclose information to third parties about your account or the transfers you make: (1) where it is necessary for completing transfer; or (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or (3) in order to comply with government agency or court orders; or (4) if you give us written permission.
Periodic Statements – You are entitled to receive a periodic statement for each monthly cycle in which an electronic fund transfer has occurred and a statement at least quarterly if no transfer has occurred. You will not receive a separate SYSTEM statement. Transfers to and from your accounts using SYSTEM will appear on the respective periodic statements for your BANK accounts.
Change in Terms – We may change any term of this Agreement or its Addendums at any time. If the change would result in increased fees for any SYSTEM Service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the BANK SYSTEM Web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject SYSTEM Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.
In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments – Contact us as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. You may contact us for this purpose by any of the methods stated below in the section entitled “Communications Between BANK and You.” We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us:
If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 BUSINESS DAYS.
We will determine whether an error occurred within 10 BUSINESS DAYS (20 BUSINESS DAYS if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 BUSINESS DAYS (20 BUSINESS DAYS if the transfer involved a new account) 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 in the form of a paper writing within 10 BUSINESS DAY, we may not provisionally credit your account.
We will tell you the results within three BUSINESS DAYS after completing our investigation. If we find that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If you need more information about our error resolution procedures, contact us using one of the methods stated below in the section entitled “Communications Between BANK and You.”
Our Liability for Failure to Make a Transfer – If we do not complete a transfer to or from your account, including a Bill Payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
Your Liability for Unauthorized Transfers – CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. You may contact us for this purpose by any of the methods stated below in the section entitled “Communications Between BANK and You.” An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within two BUSINESS DAYS after you learn of the loss, theft, compromise, or unauthorized use of you password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT contact us within two BUSINESS DAYS after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was sent to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.
Disclaimer of Warranty and Limitation of Liability – We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant that SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BANK and its affiliates exceed the amounts paid by you for the services provided to you through SYSTEM.
Regulatory Authority – If you believe that any provision of the Michigan Electronic Funds Transfer Act has been violated, you should notify the Michigan Financial Institutions Bureau at PO Box 30224, Lansing, MI 48909 and/or the Federal Deposit Insurance Corporation at 500 West Monroe St Suite 3300, Chicago, IL 60661.
Loss of Data – You agree that, should your data be lost or destroyed as a result of your systems failure to interruption, you are responsible for all consequences resulting from such systems failure or interruption. You are responsible for verifying the accuracy and completeness of all transactions conduct through the SYSTEM including those affected by any system failure or interruption.
Your Right to Terminate – You may cancel your SYSTEM service at any time by providing us with written notice by postal mail or fax. Your access to SYSTEM will be suspended within three BUSINESS DAYS of our receipt of your instructions to cancel the service.
You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate – You agree that we can terminate or limit your access to SYSTEM Services for any of the following reasons:
Communications Between BANK and You – Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways (normal business hours are from 9:00 a.m. to 5:00 p.m. Monday through Friday):
E-mail – You can contact us by e-mail at: email@example.com. Please note that banking transactions through SYSTEM are not made via e-mail.
Secure Message – You can contact us by sending a Secure Message via the Online Banking System.
Telephone – You can contact us by telephone at (616) 820-1863 or (800) 459-4801
Facsimile – You can contact us by fax at (616) 494-7656
Postal Mail – You can write to us at: Macatawa Bank, Online Banking, PO Box 3119, Holland MI 49422-3119
In Person – You may visit us in person at any one of our locations
Consent to Electronic Delivery of Notices – You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement and its Addendums, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the BANK SYSTEM, BANK Web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
Personal Online Banking - FEE SCHEDULE
Fees associated with Online Banking are in addition to fees associated with your Macatawa Bank account(s) as disclosed in the Macatawa Bank Schedule of Service Charges & Fees at the time of opening your account(s).
Revised March 17, 2012