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1. ACH Transfer and Mobile Deposit Limits
Initiated Within FreedomRoad Financial's Online/Mobile Banking Platforms
Transfer limits are daily and monthly dollar limits which apply to the total of all transfers for all accounts linked to the user profile. Any transfer initiated on a day that is not a Business Day counts toward the applicable limit for the next Business Day. The current transfer limit is $25,000 per day. We may change your transfer limits at any time. Any decrease will be subject to notice, if required by law, but you agree that we may reduce your limits without prior notice upon occurrence of a Disqualifying Event.
2.1 Online Banking Terms & Conditions (PART ONE)
ONLINE BANKING TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AT ALL TIMES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ANY OF ITS PAGES.
INTRODUCTION
These Terms and Conditions (“Agreement”) govern your use of the FreedomRoad Financial Online Banking and/or Performance Finance Online Banking (“Online Banking:) solution and its ancillary services, (collectively and as further defined below, the "Service(s)"). Use of the Services is expressly conditioned on your acceptance of this Agreement, and when you use, or permit Authorized Persons to use the Services, you agree to be bound by the terms of this Agreement. By using the Services, you acknowledge you have read, understand, and agree to abide by the terms and conditions of this Agreement. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.
This Agreement governs your use of any information, content, products, services, transactions, and other features available on or through the FreedomRoad Financial Web site and/or the Performance Finance web site (and all such Terms and Conditions on Online Banking which apply to your use of the Services.
Any agreements, rules, or other terms governing any accounts you may view, modify, or otherwise access while using Online Banking (such as your loan account agreement) will apply to your use of Online Banking. Additionally, in connection with your use of the Services, you may be subject to, and/or be required to agree to, various guidelines, rules, schedules, disclosures, disclaimers and other terms we may post on the Online Banking Site, or otherwise provide or make available to you.
Furthermore, if you use certain features, products or services available on or through the Services, you will be subject to, and/or required to agree to separate user agreements, customer agreements or similar agreements governing or relating to such features, products, or services. All such guidelines, rules, disclosures, disclaimers, user agreements or similar agreements, and other terms and conditions (collectively, "Additional Agreements") are hereby incorporated by reference into this Agreement. Additional Agreements shall include, without limitation, agreements, rules or other terms governing any, loan, and any other accounts you may view, modify, or otherwise access while using the Services; fee schedules; and disclosures.
If the terms and conditions of this Agreement conflict with the terms and conditions contained in any Additional Agreement solely as they apply to Online Banking, this Agreement controls; provided, the terms and conditions of this Agreement are not intended to modify any disclosures or other terms required by law and provided by Old Second National Bank in an Additional Agreement.
This Agreement shall apply regardless of the means by which the Services are accessed, including, but not limited to, through the URL address https://www.frf1.com or https://www.goperformancefinance.com , electronic mail, or links from another website via a computer, mobile device, or any other means of access.
DEFINITIONS
Unless otherwise stated, the following definitions apply throughout this Agreement:
“Bank", "we", "us" or "our" mean, collectively, Old Second National Bank (including, without limitation, its divisions, FreedomRoad Financial and Performance Finance), its subsidiaries and affiliates and all their respective successors, assigns, agents, and/or authorized representatives. However, with respect to a specific account to which the Online Banking provides you access, "Old Second National Bank", "we", "us" or "our" shall be understood to refer to the division of Old Second National Bank that offers such account. Please consult your account agreement(s) for information about the Old Second National Bank company servicing your individual account(s).
"You" or "your" mean each Authorized Person (as defined below) who has an interest in an account with Old Second National Bank which is accessible through the Services, each person who signed the application or other binding documentation for the Account with the Bank (each, a "joint accountholder"), or any person authorized to use the Account in any way (each, an "Authorized User").
"Account/Loan account" and "accounts/loan accounts" mean the loan account(s) tied to your Social Security number, Tax Identification Number or other unique identifier provided to you by the Bank and used through the Services.
"Authorized Person" means, with respect to an individual Account, each person who has an interest in, liability for, or authority to transact business in such Account and, with respect to an entity account, each person listed as a co-borrower, guarantor or signatory on the Account or otherwise authorized to transact any business with respect to such Account.
"Bank Accounts" mean any account that you are an account holder (including joint) one that is an Old Second National Bank personal loan or deposit account.
"Business" means the corporation, company, partnership, association, or other business which employs a user (or with which an Authorized User is otherwise associated).
"Business Account" means any account that is not a Personal Account.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Computer" means your computer, computer system, mobile device, or any other method used to access an Old Second National Bank site and all related equipment and software.
"External Transfers" mean monetary transfers using the ACH network between your loan accounts held at Old Second National Bank and an external financial institution.
“Funds Transfers” mean all Internal Transfers and External Transfers.
“Online Banking” refers to the online platform that allows you to perform the Services.
"Personal Account" means any asset account established by a natural person primarily for personal, family, or household purposes.
“Primary Email Address” is the main or default email associated with your use of the Services, including, but not limited to, logging in and receiving critical communications such as account notifications.
“Scheduled Payment” is a payment scheduled through the Services which has not yet been processed.
Description of Services
The "Services" means all information, materials, content, communications, features, products, services, methods of conducting transactions and transactions available, offered, made, obtained or otherwise provided or used (as applicable) on or through the Online Banking including, but not limited to, the ability to (a) transfer funds between certain accounts; (b) obtain Account balance and certain other Account information for various loan accounts you may have with the Bank; (c) obtain transaction information on your Accounts; (d) download certain Account transactions to your Computer; (e) update your address; (f) view online statements and tax forms; These features are limited to the extent, and subject to the terms, noted herein and in any Additional Agreements that apply to you. The Services shall also be deemed to include any portion of the Online Services and any software used to operate the Services. Subject to all terms hereof, you may use the Services seven days a week, twenty-four hours a day, except for any scheduled or unscheduled interruptions in the Services for maintenance, security or any other reasons, as further described below.
Certain features, information, types of transactions or other services available while using the Services are only available for certain Old Second National Bank accounts and may not be available when accessing the Services via a mobile device or for all of your Old Second National Bank accounts.
Security, Confidentiality of Access Information
Use of Online Banking requires a computer or approved mobile device and Internet access connected through an Internet or mobile service provider and with a Web browser (for example, Firefox, Chrome, or Microsoft Internet Explorer).
To protect the confidentiality and security of your financial information, you must connect to the Online Banking Site using an Internet browser that supports TLS encrypted communications. We may change these requirements from time to time.
You agree to keep your Online ID, user name, password, and any other security or access information (collectively, "Access Information") confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Online Banking. We recommend you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual.
If you believe the security of your password or any other Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Online Banking under your Online ID without your consent, your accounts have been accessed, or someone has transferred money from your account(s) without your permission), you must notify us immediately.
We reserve the right to deny your access to any one or more account(s) or to the Services or any part thereof, or to deny the processing of transactions, to maintain or restore security or performance to the Online Banking Site or any other Old Second National Bank Sites and systems. We may do so if we reasonably believe your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s). We may try to notify you in advance, but cannot guarantee we will do so.
Enrollment in Services
To enroll in Online Banking, you must have a Performance Finance or FreedomRoad loan, your Social Security or Tax Identification Number and account number, unless otherwise expressly agreed by Old Second National Bank (provided Old Second National Bank shall have no obligation to so agree). If you do not have such a number and are interested in enrolling in the Services, you must contact Online Banking Customer Service at (888) 505-2265.
If you have more than one eligible Old Second National Bank loan account, we will automatically "link" your eligible loan accounts together for purposes of the Services, and all such loan accounts will appear in your online banking profile on the Online Banking Site. Any loan accounts for which you are an Authorized Person (including, without limitation, joint accounts for which you are one of multiple Authorized Persons) will appear in your online banking profile.
All "linked" loan Accounts (whether linked automatically or separately by you) will appear in your online banking profile on the Online Banking Site, and you will be able to view at least certain summary information for all such accounts. As set forth above, certain features, information, types of transactions or other services available while using the Services may not be available for all of your linked loan accounts
If you share your log in credentials with a third party, even a third party with whom you share an account, they will have access to view all of your linked accounts, even individual accounts that are not shared with you. As long as you maintain your unique log in credentials, you will have access to view all of your individual accounts and shared accounts and people with whom you share accounts will only be able to view accounts that are shared with you, not your individual accounts.
Electronic Communications
You agree all electronic communications we receive in connection with the Services, such as those directing us to take an action with respect to your account, that match Access Information or other identity information you have provided when enrolling in or using the Services will be deemed valid, authentic, and binding obligations. These communications will be given the same legal effect as your written and signed paper communications and shall be considered a "writing" or "in writing." They also shall be deemed to have been "signed" and to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business.
You agree electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering, under the provisions of any applicable law relating to whether certain agreements are required to be in writing or signed by the party to be bound thereby, and such copies shall be admissible as evidence in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in paper form.
You agree (to the maximum extent permitted by law) to hold harmless Old Second National Bank and protect and indemnify Old Second National Bank from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Services rendered by Old Second National Bank pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.
You agree to receive all transactional email communications from Old Second National Bank primarily related to your use of Online Banking or to your account(s), including automatic security alerts (discussed below). You consent to any inadvertent disclosures that may occur as a result of Old Second National Bank sending account communications to the email address you provide.
Because email is not a secure method of communication over the Internet, we recommend you do NOT use email to send confidential or personal information or initiate transactions on your account(s). We also recommend you do not send confidential or personal information to us in text messages. We will not respond to or act upon text messages received from you, unless in connection with a specific program or instructions provided to you. We recommend, for account transactions or confidential questions, you use the appropriate functions available through Online Banking or notify us as specified on our Contact Us page.
Security Alerts and Optional Communications (including Text Messages)
Online Banking offers both security alerts and optional alerts and communications about your account and account transactions. Security alerts are provided to you for fraud protection and when certain important changes to your account occur, such as password and user name updates, or changes in your physical or primary email address. These alerts are sent automatically by email to your primary email address and by text message to your mobile device number, if you have provided one.
You expressly agree to receive security alerts from us by prerecorded voice message and/or text message, including with the use of an automatic dialer (autodialer), at any mobile device number you provide to us. You may discontinue security alerts sent by text message as indicated below, but you will continue to receive security alerts by email.
In addition to security alerts, you have the option of receiving additional alerts or communications regarding other Online Banking and account activity, delivered by email, text message or voice (together, "Optional Communications"). You may be asked to select from contact options when you sign up for the Optional Communications. By signing up to receive any Optional Communications, you consent to delivery of such messages in the format selected (such as text message or prerecorded voice) to the contact points you identify. If you provide us with a mobile device number for Optional Communications, you expressly agree to receive prerecorded messages and/or text messages at that number from us, including with the use of an autodialer.
Both security alerts and Optional Communications are subject to the following:
You are responsible for notifying us of any changes to your email, mobile device, and telephone contacts to which communications are sent. Please sign in to Online Banking to modify or cancel your User Profile.
Your full account number will not be included in these types of communication from us. However, communications may contain our name and information about your accounts. Depending upon the communication, information pertaining to account balances, transactions or payment due dates may be included. Anyone with access to your email, mobile device(s), or telephone or telephone answering machine(s) or service(s) may be able to access the contents of the communication. It is your responsibility to secure these devices, protect your user name(s) and password(s), and provide timely information about contact changes in order to protect the confidentiality of this information. You consent to any disclosures by Old Second National Bank that may occur if you do not take appropriate steps to prevent access to your information by unauthorized persons.
We endeavor to provide communications in a timely manner with accurate information. However, we do not guarantee the delivery or accuracy of the contents of any communication. Communications may not reflect pending transactions or payments. Additionally, communications may not be delivered immediately. If you require additional details about a transaction, you may sign in to Online Banking or contact us as specified on our Contact Us page.
You agree neither we nor our service providers will be liable for any delays, failure to deliver, or misdirected delivery of any communication; for any errors in the content of a communication; or for any actions taken or not taken by you or any third party in reliance on a communication.
In order to receive security alerts or Optional Communications via text message, your mobile device must be subscribed to a wireless service on a participating mobile carrier, and you must be able to receive text messages using your mobile device and your carrier’s service.
Funds Transfers for Bank Accounts
General
Your ability to transfer funds from certain accounts is limited by federal law. You should refer to the deposit account agreement which governs your deposit account. If you have an Old Second National Bank deposit account, a copy your deposit account agreement and associated disclosures are available by calling Customer Service at (888) 505-2265. Please refer to these documents for legal restrictions and the service charges and penalties for excessive withdrawals or transfers. Transfers made using the Services are included in calculating the permissible number of transfers from certain accounts described in your deposit account agreement.
We reserve the right to impose a frequency or dollar limit on transfers, or to refuse to make any transfer, between certain accounts. We are obligated to notify you promptly if we decide to refuse to complete your transfer instruction; provided, however, that notification is not required if you attempt to make transfers that are prohibited under this Agreement, any Additional Agreement, other Old Second National Bank agreements affecting the terms of your account(s), or federal or state laws.
Funds Transfers
The Funds Transfer service allows you to transfer funds between your linked loan accounts at Old Second National Bank and certain deposit or investment accounts (checking, savings, or money market accounts). You will need to register each of the deposit accounts you wish to use for these transfers. You agree you will only attempt to register accounts for which you have the authority to transfer funds. Old Second National Bank will post transfers to your loan account as a pending transaction on the “Transfer On” date.
Cut-off Time: 5:00 p.m. CST
Any transfer made after the cut-off time will be initiated the next Business Day.
Modifying or Cancelling Transfers: Please contact the Bank prior to 5:00 p.m. CST to modify or cancel a transaction.
Transfer Fees: There is no fee to initiate transfers. We may change our fee schedule at any time. If we make a change, you will be notified in writing as required by applicable law. Cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by us but not yet paid prior to your cancellation of such service.
Transfer Limits: Transfer limits are daily and monthly dollar limits which apply to the total of all transfers for all accounts linked to the user profile. Any transfer initiated on a day that is not a Business Day counts toward the applicable limit for the next Business Day. The current transfer limit is $25,000 per day. We may change your transfer limits at any time. Any decrease will be subject to notice, if required by law, but you agree that we may reduce your limits without prior notice upon occurrence of a Disqualifying Event.
Disqualifying Events:
• Any of your accounts with Old Second National Bank are not current or are not in good standing.
• You have had any prior transfer to or from a non-Old Second National Bank account canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.
Status Email: Old Second National Bank will periodically send messages to your Primary Email Address during the funds transfer process. These messages will provide information pertaining to the trial deposit process, confirm account linkages, and contain status updates for transfers in progress. Email messages regarding the funds transfer process do not contain any non-public personal information and cannot be suppressed.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. We may accept, on your behalf, payments to your account that are not subject to the Electronic Funds Transfer Act (“EFTA”) and Regulation E. Your rights and obligations with respect to such transfers shall be governed and construed in accordance with Office of the Comptroller of the Currency Regulation J, Subpart B-Funds Transfers through Fedwire, and the applicable Office of the Comptroller of the Currency Operating Circular. Electronic transfers sent or received via automated clearing house (“ACH”) are subject to the rules of the National Automated Clearing House Association ("NACHA") and Regulation E. Where none of the above stated rules apply, the transactions contemplated by this Agreement shall be governed by the applicable provisions of this Agreement.
Our Liability for Failure to Complete Transfers
If we do not complete a transfer to or from your 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 some exceptions. We will NOT be liable: (a) if, through no fault of ours, you do not have enough money in your Account to make the transfer; (b) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken; or (c) for any other reason stated elsewhere in this Agreement. If we are ever obligated by law to pay interest on the amount of a transfer, you will be paid interest based on the appropriate Illinois statutory interest rate. In the event we are ever liable to you for damages due to a transfer, your damages will be limited to actual damages only. We will not be responsible for incidental or consequential damages, court costs or attorneys' fees.
Payment Cancellation
You may cancel or edit any Scheduled Payment (including recurring payments) and will not incur a charge for canceling or editing a Scheduled Payment prior to being processed by us. You understand and agree once we have begun processing a payment it cannot be cancelled or edited.
Virus Protection
Old Second National Bank is not responsible for any electronic virus or viruses you may encounter. We encourage our customers to routinely scan their PC, mobile device and diskettes using a reliable anti-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 disclose personal and confidential information to third-parties.
Termination
You may terminate the use of the Services at any time by contacting us in writing, by mail, e-mail, or personal delivery. If your account is closed or restricted for any reason, the Services accessibility will automatically terminate, including any and all applications and/or components accessible via the Services.
Inactivity
Old Second National Bank reserves the right to unenroll any Services profile if there has been at least 180 days of inactivity. In order to keep your profile active, simply log in at least once every 180 days. If your profile was unenrolled by the Bank, you must enroll and follow the registration process again in order to begin using the Services.
LIABILITY OF BANK; LIMITATIONS OF LIABILITY
OLD SECOND NATIONAL BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING the SERVICESOR 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. FURTHERMORE, OLD SECOND NATIONAL BANK MAKES NO REPRESENTATIONS OR WARRANTIES: (1) WITH REGARD TO THIRD PARTY SERVICE PROVIDERS’ PRODUCTS OR SERVICES, (2) THAT ITS SERVICES WILL BE UNINTERRUPTED, OR (3) THAT THE SERVICES WILL OPERATE WITHOUT ERROR. ACCORDINGLY, OLD SECOND NATIONAL BANK SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE WHETHER DIRECT OR INDIRECT, COSTS, CHARGES OR EXPENSES INCURRED BY YOU DUE TO A DELAY IN OR THE INABILITY TO PROVIDE SERVICES. YOU AGREE NEITHER WE NOR OUR SUPPLIERS OR OUR DIRECTORS, OFFICERS OR EMPLOYEES WILL BE HELD LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, INTERRUPTION IN THE AVAILABILITY OF OUR SERVICE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, VIRUS, MALWARE LOSS OF DATA OR OTHER SIMILAR LOSS. IN NO EVENT WILL OLD SECOND NATIONAL BANK BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
2.2 Online Banking Terms & Conditions (PART TWO)
Errors and Questions
In cases of errors or questions concerning transactions completed using the Services, do one of the following as soon as possible:
1. Telephone us at 888.505.2265; or
2. Write us at: Old Second National Bank, Attn: Digital Banking, Suite 100W, 1515 W 22nd St, Oak Brook, IL 60523; or
3. Log in to the Services and navigate to the support menu to send a secure message to the Bank.
Assignment
This Agreement may not be assigned to any other party by you. The Bank may assign or delegate this Agreement, in part or in whole, to any third party.
Ownership of Material
Old Second National Bank’s Services are a product of Jack Henry & Associates, Inc. and Narmi. Unauthorized reproduction in whole or part is prohibited.
Amendments
Terms and conditions of this Agreement may be amended in whole or part at any time upon 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 the Services 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.
Indemnity
You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of the Services, including without limitation, unauthorized access to your device or from you providing us with a phone number that is determined not to be your own. We will not be liable to you for special, indirect or consequential damages.
You agree we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service; any errors in such information; any action you may or may not take in reliance on the information or Service; or any disclosure of account information to third parties resulting from your use of the Service.
You agree to indemnify and hold us and our agents, officers, employees and affiliates harmless from any and all claims, liabilities, damages, costs and expenses (including, without limitation, reasonable attorney’s fees and costs) caused directly or indirectly by or arising directly or indirectly out of your use of your account, your violation of these Terms & Conditions or your violation of any laws, regulations or third-party rights. When you agree to indemnify and hold another person or company harmless, you agree to protect, defend and pay for certain amounts.
Entire Agreement
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 the Services; and
• Applicable state and federal laws and regulations.
Use of the Services
Setting Your Preferences
For certain accounts, we have created options which allow you to choose to receive electronically the types of communications that work best for your particular needs. There are two categories of communications you may be able to receive by electronic means—periodic statements ("Statements") and other disclosures and notices we may provide as part of your experience at Old Second National Bank as described in more detail below ("Other Communications").
Depending on your account, you may be able to set your preferences to receive either or both of these types of Communications electronically. Sign in to the Services to see which Communications you may be able to receive electronically. If you decide to receive some Communications in paper and some electronically, the Communications you receive electronically will be governed by the E-SIGN Disclosure. When you use the Services to enroll an eligible account for electronic receipt of Statements or Other Communications you will be required to input your Primary Email Address.
If your Account is closed, you may lose access to the Services, including the ability to access any Communications we have provided in electronic form. We encourage you to save these Communications elsewhere or print them out. Accordingly, if your Account is closed, we may send Communications to you in paper form via U.S. mail, even if you previously elected to receive such materials electronically.
Paperless Statements
You may elect to receive your periodic statement electronically rather than in paper. Such electronic periodic statements may contain other related electronic disclosures such as our annual privacy notice and notices of changes in terms regarding products and services, which are otherwise required to be provided in paper form by the Truth in Lending Act. Your periodic statements will be available to review at intervals in accordance with statement cycle date. While enrolled, your online periodic statement will be available for 18 months.
As a courtesy, when your periodic statement is available in the Service, we will attempt to send an email notification to the Primary Email Address we have on file. We also may send you an email notification when you have other communications available for review. Alternatively, we may communicate other communications directly through email. To view or download your periodic statement or other communications, sign into the Service.
Other Communications
If you elect to receive Other Communications electronically rather than in paper form, the Other Communications may be made available through the Services or other Old Second National Bank websites. These Other Communications may include agreements, disclosures, notices, and other information and communications regarding your accounts, services and products, the use of any the Services, any other Old Second National Bank services, your relationship with us, and/or other programs, products or services that are, or may be in the future, made available to you. Please see the E-SIGN Agreement for additional examples.
Updating Your Contact Information
In the event your email address or other contact information is changed, you must notify Old Second National Bank of such changes immediately through the Service. It is your responsibility to update any changes in your email address online, and we are not responsible if you do not receive a courtesy reminder. If you do not receive an email and believe you should have, please verify your email address in the Service.
If you fail to update or change an incorrect email address or other contact information, you understand and agree any other communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form in the Service, or at another Old Second National Bank website or emailed to the email address we have for you in our records.
Fees and Charges
There are no fees for using the Service at this time. Fees are subject to change, and we may impose additional charges, penalties or fees in connection with your use of the Services at any time, subject to the terms here. You agree to promptly pay all fees and charges for services provided through the Services.
You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.
Changes in Services; Interruptions in Service
We may, from time to time and at any time, revise, update, discontinue or otherwise modify, temporarily or permanently, the Services in whole or in part (including, without limitation, this Agreement, the scope of the Services, and any materials related to the Services), or your access to them. We will attempt to provide prior notice of any such material changes (for example, by posting a notice of such changes on the Service when you sign in, and/or sending a notice to you at the address shown on our records or sending you a secure message), but cannot guarantee that such notice will be provided.
Whenever reasonably practicable, we will attempt to post or send such notice at least thirty (30) days in advance of the effective date of any change but we cannot guarantee we will provide such notice by such time; and provided further, we reserve the right to make any such changes effective immediately if necessary to maintain the security of the system or to comply with any laws or regulations. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change.
Changes to the Services may render prior versions of the Services obsolete. Without limiting the foregoing, we reserve the right to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.
You may choose to accept or decline changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes. We also reserve the option, in our sole business judgment, to waive, reduce or reverse charges or fees in individual situations.
The Service is generally available for your use 7 days a week, 24 hours a day. However, we may from time to time perform maintenance to the Services or experience hardware, software, or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays, or errors but cannot guarantee that such notice will be provided.
Our Responsibility for Payments and Funds Transfers
By using the external funds transfer service available through the Services, you warrant you are an authorized signer on the account from which the funds are being drawn to make the payment or transfer. We, or a third party acting as our agent, will use reasonable efforts to timely and properly complete funds transfers from your designated checking, savings or other deposit account(s) or from your line of credit account(s) (as applicable) according to your properly entered and transmitted instructions. However, neither a third-party service provider nor we will be liable in any way for any failure or delay in completing any such transaction:
•If, through no fault of our own or of our agent, you do not have adequate money in a designated checking, savings, or other deposit account to complete a transaction from that account, if that account has been closed, or if the transaction would exceed the credit limit on any applicable overdraft line of credit.
•If you have not properly followed instructions on how to make a funds transfer.
•If you do not provide Old Second National Bank with correct and current instructions so that a funds transfer can be made.
•If you do not authorize a transfer soon enough for your payment to be made and properly credited by the Due Date.
•If withdrawals from any accounts have been prohibited by a court order such as by a garnishment or other legal process.
•If we, or our agent, reasonably believe a transaction may be unauthorized and based thereon the transaction is not completed.
•If your computer was not working properly such that it interfered with your attempt to authorize a funds transfer or bill payment.
•If circumstances beyond our or our agent's control prevent making a funds transfer. Such circumstances include, but are not limited to, computer failure, telecommunication outages, postal strikes and other labor unrest, fires, floods, and other natural disasters, terrorist acts or war.
•In any other set of circumstances as set forth in your Additional Agreements.
Disclosure of Account Information to Third Parties
You authorize us to disclose to third parties, affiliates, and agents, such as independent auditors, consultants or attorneys, information you have provided or that we, or our affiliates, have obtained about your accounts and the transfers you make using the Service for the following reasons:
•To comply with laws, government agency rules or orders, subpoenas, or other legal process or to give information to any government agency or official having legal authority to request such information
•To verify your account's existence and condition for a third party, such as a credit bureau or merchant
•When necessary to complete any type of transfers
•To provide services relating to your account or to offer other products and services, in compliance with our Privacy Policy.
•If you give your permission.
For additional information on how we may share your information, please click: https://www.oldsecond.com/main/privacy-policy/
Statement of Record
If you receive paper and electronic statements, any account information provided by the Services is not the statement of record. The periodic statement mailed to you will be the statement of record. If you have chosen to stop receiving paper statements, the periodic statement provided to you electronically will be the statement of record. In any case, you are responsible for reviewing any statement and other account communications sent to you by postal mail. Any mailed statement and other account communications will continue to contain important information about your account(s), regardless of whether you access your account(s) through the Services or whether you have chosen to receive your statement electronically.
If you close all your accounts with us, you agree to notify us to cancel your Services.
Data Recording
When you contact us, the communication or the information you provide may be recorded or otherwise retained by us or by our service provider. You consent to such recording or other retention. Without limiting the above, you agree we may record the conversations our employees or agents have with you or your agents to ensure your instructions are followed and monitor quality of service and accuracy of information our employees and associates give you.
No Waiver
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Liability for Loss or Erroneous Data
Without limiting any other provision hereof, you will bear the sole liability and risk of any error or loss of data, information, transactions or other losses which may be due to the failure of your computer or third-party communications providers on which you may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer.
Harm to Computer Systems/Data
You agree we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your Computer by downloading information, software, or other materials from the Services or any other site owned and maintained by Old Second National Bank.
Limitations of Liability and Disclaimers
You understand the use of the Internet and other automated systems to access information and services through this website involves risks. Information sent over the internet may not be secure. You understand and accept the risk that a third party may intercept information in an email you sent to us or in our response email. We are not responsible for errors or negligent use of the services offered by this website, including errors in information submitted through the website, negligent handling or sharing of passwords, system or communication failures, leaving a computer unattended while accessing the website, or transactions that Evergreen Bank Group reasonably believes were requested by you or with your authorization.
OLD SECOND NATIONAL BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICES SOFTWARE 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. FURTHERMORE, OLD SECOND NATIONAL BANK MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THIRD PARTY SERVICE PROVIDERS’ PRODUCTS OR SERVICES, ACCORDINGLY, OLD SECOND NATIONAL BANK SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE WHETHER DIRECT OR INDIRECT, COSTS, CHARGES OR EXPENSES INCURRED BY YOU DUE TO A DELAY IN OR THE INABILITY TO PROVIDE THE SERVICES. YOU AGREE NEITHER WE NOR OUR SUPPLIERS OR OUR DIRECTORS, OFFICERS OR EMPLOYEES WILL BE HELD LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, INTERRUPTION IN THE AVAILABILITY OF OUR SERVICE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, VIRUS, MALWARE LOSS OF DATA OR OTHER SIMILAR LOSS. IN NO EVENT WILL OLD SECOND NATIONAL BANK BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES EVEN IF SUCH LOSS IS FORESEEABLE.
Nothing contained in the Services is intended to provide legal, accounting, tax, or financial advice. You should consult your own professional advisors on such matters. Information about products and services which you do not already have with Old Second National Bank is provided for informational purposes only and should not be considered as an offer to make those products and services available to you.
Links to Other Websites
The Services may contain hypertext links to other independent websites. We do not assume responsibility for the accuracy, completeness, suitability or authenticity of the information presented on any website accessed via such a link. A link to another entity's website does not create or imply any affiliation with the site or its owner or operator, nor our endorsement or sponsorship of, or responsibility for, the content, products or services offered at such sites. We expressly disclaim any such affiliation, sponsorship, endorsement or responsibility. In addition, third-party websites may have privacy policies or security practices that differ from those applicable to this website. You should read the policies of those sites before sharing your personal information. Old Second National Bank has no liability for any loss or damage arising from any use of a third-party link on this website.
PROPERTY RIGHTS
All information, text, images, graphics and other materials (“content”) on this website are subject to the copyrights and other intellectual property rights of Old Second National Bank, its agents, affiliates and/or licensors. All rights are reserved. Content on or accessed through this website may be printed for your personal use. None of the content of this website may be used, copied, modified or transmitted for commercial or public use or distribution, nor modified or reposted to other websites, without Old Second National Bank express prior written consent. You agree to obtain Old Second National Bank’s prior written consent before linking this website to any other website. You agree you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages, data or the content contained herein or for any other unauthorized purpose without our prior express written consent.
Severability
If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
Collection Expenses
If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses, including attorneys' fees and court costs, unless prohibited by applicable law.
Jurisdiction, applicable law, a waiver of jury trial
This website is intended for use by consumers in the United States of America. Your access to and use of this website and all terms and conditions herein are governed by the laws of the State of Illinois. Any action by or against Old Second National Bank related to the use of or access to this website and its terms and conditions must be brought in the state or federal courts having jurisdiction located in Chicago, IL, and you hereby submit to the personal jurisdiction thereof. You knowingly and willingly waive any right you may have to a trial by jury in any litigation arising in any way regarding these Terms & Conditions or the use of this website.
Downloading and Exportation
The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No contents from the Services or any other Old Second National Bank site may be downloaded or otherwise exported in violation of United States law.
3. Mobile Banking Terms & Agreement
This Mobile Banking Terms & Conditions (“Agreement”) govern your use of the FreedomRoad Financial Mobile Banking app via Your mobile device (“Mobile Banking App” or “Mobile Banking”). Throughout this app the Agreement, Disclosure, and all related documents will be referred to as "Agreement". By using the Mobile Banking App, You agree to all of the terms of this Agreement. Please read it carefully and keep a copy for Your records. Any terms not defined in this Agreement shall have the meanings set forth in the Online Banking Agreement.
SECTION 1. DEFINITIONS
"Account/Loan account" and "accounts/loan accounts" mean the loan account(s) tied to your Social Security number, Tax Identification Number or other unique identifier provided to you by the Bank and used through the Mobile Banking App.
"Authorized Person" means, with respect to an individual Account, each person who has an interest in, liability for, or authority to transact business in such Account and, with respect to an entity account, each person listed as a co-borrower, guarantor or signatory on the Account or otherwise authorized to transact any business with respect to such Account.
“Bank”, “We”, “Us”, or “Our” - mean, collectively, Old Second National Bank (including, without limitation, its divisions, FreedomRoad Financial and Performance Finance), its subsidiaries and affiliates and all their respective successors, assigns, agents, and/or authorized representatives. However, with respect to a specific account to which the Mobile Banking App provides you access, "Old Second National Bank", "we", "us" or "our" shall be understood to refer to the division of Old Second National Bank that offers such account. Please consult your account agreement(s) for information about the Old Second National Bank company servicing your individual account(s).
“Business Day” - is every Monday through Friday, excluding Federal Reserve holidays.
“Privacy Statement” - Privacy is important to our customers. We have taken steps designed to provide 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 Policy.
“You”, “Your” or “Customer” - The person(s) subscribing to or using the Mobile Banking App and each person with an interest in an account with Old Second National Bank accessible through the Mobile Banking App, each person who signed the application or other binding documentation for the Account with the Bank (each, a "joint accountholder"), or any person authorized to use the Account in any way (each, an "Authorized User").
SECTION 2. ABOUT MOBILE BANKING
The Mobile Banking App is a module of the online banking system accessed via a web application. Select financial services are available to you through the Mobile App.
The Bank currently charges no additional fees for accessing the Mobile Banking App. However, you may be charged additional fees by your mobile device service provider based upon your individual service or data plan - these fees may include, among other things, fees for text messaging regarding your account and are solely your responsibility. It is your responsibility to contact your mobile device service provider regarding any such charges or fees. Furthermore, you agree to pay any additional charges for Bank services you request which are not covered by this Agreement. The Bank reserves the right to institute fees and charges for the use of Mobile Banking App in the future upon the fulfillment of the notice requirements contained in this Agreement.
SECTION 3. REGISTRATION PROCESS/YOUR RESPONSIBILITIES
The Mobile Banking App service (“Service”) requires the customer complete an initial registration process. Once the Mobile Banking App has been downloaded from the app store, simply log in with your FreedomRoad Financial online username and password. Also at this time, you will need to accept the Terms and Conditions of this Agreement. YOUR USE OF THE MOBILE BANKING APP CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT OF EACH OF THE TERMS OF THIS AGREEMENT.
You represent you are the legal owner of the account(s) and other financial information which may be accessed via the Mobile Banking App. You represent and agree all information you provide to us in connection with the Mobile Banking App is accurate, current and complete, and you have the right to provide such information to us for the purpose of using the Mobile Banking App. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent you are an authorized user of the mobile device you will use to access the Mobile Banking App. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using the Mobile Banking App. You agree not to leave your mobile device unattended while logged into the Mobile Banking App and to log off immediately at the completion of each access by you. You agree to inform us of the loss of your mobile device (for example, the device being outside of your control) or any other change that might affect providing Mobile Banking to you, the customer. You agree to accept all responsibility for any instructions sent to Old Second National Bank from your mobile device and authorize Old Second National Bank to act on these instructions.
If you change your mobile device and/or change your mobile telephone number, it will be your responsibility to download the Mobile Banking App to your new mobile device. It is your responsibility to contact us if you know or suspect unauthorized use of your password and other confidential information. You agree not to provide your password or other access information to any unauthorized person. You are responsible for keeping your password and other personal information confidential and for ensuring that you have logged out when your session is complete to prevent unauthorized access. If you permit other persons to use your mobile device, log in information, or other means to access the Mobile Banking App, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you.
SECTION 4. BALANCE INQUIRIES
You may use the Mobile Banking App to check the balance of your loan account and to transfer funds from your deposit account to pay your loan. If you have further questions call us at (888) 505-2265. The balances are updated within 48 hours 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. 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.
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 payment ACH, or (b) any acts or omissions of any other person, including without limitation, NACHA, any ACH or Wire transmission or communications facility, any data processor company or any other party involved in the provision of the Mobile Banking App. No such person or entity shall be deemed our agent or independent contractor.
SECTION 5. ERRORS AND QUESTIONS
In cases of errors or questions concerning transactions completed with the Mobile Banking module of Online Banking, do one of the following, as soon as possible:
1. Telephone us at (888) 505-2265; or
2. Write to Old Second National Bank, Attn: Digital Banking, 1515 W 22nd St, Ste 100W, Oak Brook, IL 60523; or
3. Log in to Online Banking and navigate to the support menu to send a secure message to the Bank.
SECTION 6. SECURITY PROCEDURES
The Customer has the sole responsibility to establish and maintain procedures to adequately safeguard against unauthorized mobile phone usage and /or entries from his/her phone. You warrant no other person will be allowed to initiate telephone entries other than yourself and you agree to take all reasonable steps to maintain the confidentiality of any user IDs, passwords, and related instructions provided by us in connection with the services agreed to hereunder.
SECTION 7. Authorization for Direct Payment
When scheduling a payment until the Mobile Banking App, you authorize us to electronically debit your deposit account and to electronically credit your deposit account to correct any erroneous debits. You further agree the transactions comply with applicable law. .
SECTION 8. VIRUS PROTECTION
Old Second National Bank is not responsible for any electronic virus or viruses you may encounter. We encourage our customers to routinely scan their PC, mobile device and diskettes using a reliable anti-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 disclose personal and confidential information to third-parties.
SECTION 9. TERMINATION
You may terminate the use of the Mobile Banking App at any time by contacting us in writing by mail, e-mail, or personal delivery. If your account is closed or restricted for any reason, Mobile Banking accessibility will automatically terminate, including any and all applications and/or components that are accessible via Online Banking.
SECTION 10. INACTIVITY
Old Second National Bank reserves the right to unenroll any Mobile Banking profile if there has been at least 180 days of inactivity. In order to keep your profile active, simply log in at least once every 180 days. If your profile was unenrolled by the Bank, you must enroll and follow the registration process again in order to begin using the Mobile Banking services.
SECTION 11. LIABILITY OF BANK; LIMITATIONS OF LIABILITY
OLD SECOND NATIONAL BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING 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. FURTHERMORE, OLD SECOND NATIONAL BANK MAKES NO REPRESENTATIONS OR WARRANTIES: (1) WITH REGARD TO THIRD PARTY SERVICE PROVIDERS’ PRODUCTS OR SERVICES, (2) THAT ITS MOBILE BANKING SERVICES WILL BE UNINTERRUPTED, OR (3) THAT THE MOBILE BANKING SERVICES WILL OPERATE WITHOUT ERROR. ACCORDINGLY, OLD SECOND NATIONAL BANK SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE WHETHER DIRECT OR INDIRECT, COSTS, CHARGES OR EXPENSES INCURRED BY YOU DUE TO A DELAY IN OR THE INABILITY TO PROVIDE MOBILE BANKING SERVICES. YOU AGREE THAT NEITHER WE NOR OUR SUPPLIERS OR OUR DIRECTORS, OFFICERS OR EMPLOYEES WILL BE HELD LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, INTERRUPTION IN THE AVAILABILITY OF OUR SERVICE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, VIRUS, MALWARE LOSS OF DATA OR OTHER SIMILAR LOSS. IN NO EVENT WILL OLD SECOND NATIONAL BANK BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
SECTION 12. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
SECTION 13. ASSIGNMENT
This Agreement may not be assigned to any other party by you. The Bank may assign or delegate this Agreement, in part or in whole, to any third party.
SECTION 14. OWNERSHIP OF MATERIAL
Old Second National Bank’s Mobile Banking, , is a product of Jack Henry & Associates, Inc. and Narmi, Inc. Unauthorized reproduction in whole or part is prohibited.
SECTION 15. AMENDMENTS
Terms and conditions of this Agreement may be amended in whole or part at any time upon 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 Mobile 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.
SECTION 16. INDEMNITY
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of Mobile Banking, including without limitation, unauthorized access to your mobile device or from you providing us with a phone number that is determined not to be your own. We will not be liable to you for special, indirect or consequential damages.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service; any errors in such information; any action you may or may not take in reliance on the information or Service; or any disclosure of account information to third parties resulting from your use of the Service.
SECTION 17. ENTIRE AGREEMENT
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 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 Online Banking Agreement. 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 Online Banking and its related modules, including Mobile Banking, , is considered your acceptance of these terms and conditions.
{endAccordion