Important information regarding the use of our website

To access the terms and conditions for the use of material found on our website, please read the following documents:

ONLINE BANKING TERMS & CONDITIONS | WEBSITE TERMS OF USE | MOBILE BANKING AGREEMENT | MOBILE DEPOSIT TERMS & CONDITIONS | ESTATEMENTS TERMS & CONDITIONS | DIGITAL WALLET TERMS & CONDITIONS | ZELLE PAYMENT SERVICE TERMS | CORPORATE O2 TERMS

Corporate O2 Terms

INTRODUCTION

This Corporate O2 Digital Banking Terms and Conditions governs your use of Old Second National Bank’s business digital banking service. Throughout this website the Agreement, disclosures, and all related documents will be referred to as "Agreement". By accessing and using Corporate O2 Digital Banking, you agree to all of the terms of this Agreement. Please read it carefully and keep a copy for your records.  These Corporate O2 Digital Banking Terms and Conditions are subject to change and such changes will be posted to this website from time to time.  If you do not agree with the Agreement, please do not access and use Corporate O2 Digital Banking.

DEFINITIONS

You or Your - The person(s) and/or the business entity(ies) subscribing to or using Corporate O2 Digital Banking.

We, Us, or Our - Refers to Old Second National Bank, and any agent, independent contractor, designee, or assignee Old Second National Bank may involve in the provision of Corporate O2 Digital Banking.

Business Day - Any calendar day that we are open for business in Illinois, but excluding Saturday, Sunday, and any holidays recognized by us. Bill payments are processed on any Business Day that both the Federal Reserve Bank and the U.S. Postal System are operating and open for business.

Business Day Cut-Off - Our primary banking offices are located in Aurora, IL, and we base our business day on the Central Daylight Time zone. For posting purposes, we will process all transfer files completed by 7:00PM CT on that business date. Transfers completed after 7:00PM CT will be processed on the following business day. We will process payments entered through our Bill Payment system at 7:00am and 2:00pm CT on that business day. Payments entered after 2:00pm CT will be processed on the following business day. Payments and transfers do not get processed on holidays or weekends. If a scheduled payment or transfer falls on a holiday or weekend, it will be processed on the Friday before the weekend, or the last business day before the holiday.

Privacy Statement - Privacy is important to our customers. We have taken steps designed to insure security and privacy for your personal and financial dealings with the bank. Our customer privacy statement can be obtained by clicking on the following link –

https://www.oldsecond.com/main/privacy-policy/

Old Second National Bank's Corporate O2 Digital Banking consists of an online banking website that provides a number of financial services to its customers.

The Corporate O2 Digital Banking system currently may provide you with the following services:

  • Account Inquiries, Balances, Rates, etc.
  • Transaction History
  • Transaction Downloads
  • Account Transfers
  • Secure Applications
  • View Detailed Transactions
  • Various Bookkeeping Services
  • Payments to our Loan Accounts
  • Account Alerts

If you select Bill Payment, these additional functions are available:

  • One-time Payments
  • Occasional Payments
  • Fixed Recurring Payments
  • Variable Recurring Payments

Special commercial services may also be offered to accounts including:

  • Wire Transfer Requests
  • Multiple User Sign-On
  • ACH Origination
  • Check and ACH Positive Pay

Additional fees may apply. Please contact your account officer for information.

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING CORPORATE O2 DIGITAL 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.

INTERNET SECURITY INFORMATION

Old Second National Bank’s Corporate O2 Digital Banking system utilizes a comprehensive security strategy designed to protect your accounts and transactions conducted over the Internet. In addition to our login security, we use the SSL (secure socket layer) encryption technology for everything you do in the Corporate O2 Digital Banking system. This technology is automatically activated by your browser when it attempts to connect to our system.

Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small padlock icon at the bottom of the screen from open to locked. When locked, your communications are scrambled from your browser to our servers at all times to help prevent an unauthorized party from reading the information as it is carried over the Internet. The Corporate O2 Digital Banking service can be accessed using the most current and prior major release of the following browsers:

  • Microsoft Internet Explorer
  • Microsoft Edge
  • Firefox
  • Safari (v. 6 only)
  • Google Chrome

During your use of the Corporate O2 Digital Banking system, we will pass a "cookie" to your browser for identifying you during the session. We do not (and cannot) use our cookies to obtain new information about you or to read information stored on your hard drive. A "cookie" is a way for websites to recognize whether you have visited the site before. It is a piece of data given to a browser by a web server, so that the browser will hand it back to the server on subsequent visits. When you log into the system, this cookie enables us to process multiple transactions during the session without you having to provide your Corporate O2 Digital Banking ID and password for each individual transaction. When you log off, or after thirty minutes of inactivity, the cookie is no longer accepted and must be renewed by re-entering your login credentials. A new cookie is used for each session. That way, no one can use the cookie to access your account. We are not responsible for the security of the information stored on your personal computer. We strongly encourage our customers to clear the cache on their computers immediately after conducting financial transactions over the internet. Please use your browser help function for instructions on doing so.

In addition to the security measures described above, there may be other security notices posted on the website regarding security issues. It is your responsibility to read all applicable notices. One of the main security features regarding the use of the Corporate O2 Digital Banking system is the Login ID and password. It is important that you keep your login credentials secret. We will not be liable for any losses resulting from you permitting other persons to use your Corporate O2 Digital Banking Login ID and password to access the system or failing to clear the cache from your browser session. If you have more questions about our security systems for conducting transactions safely over the Internet, please contact us.  You agree that each of the security measures and procedures referenced in this Agreement, or that we direct or recommend to you constitute commercially reasonable security procedures under applicable law.

BROWSER OPTIONS

We recommend your browser settings be set so your browser will check for new versions of Temporary Internet files every time you start your browser.

REGISTRATION PROCESS

The Corporate O2 Digital Banking service requires that the customer complete the initial registration process. This involves completion of the enrollment form that will identify you to Old Second National Bank and provide certain information that we will need to enable the service. We will verify the information you submit for accuracy and authorizations. In about two Business Days, you will be notified when your account will be activated.

LOGIN SECURITY

At the time you request the service, we will provide you with a unique Company ID, Login ID and Temporary Password that will be used to gain access to the system. Prior to activation, we will verify your identity and authorization to information associated with the accounts that you requested through the service. You must change your password on your first successful login.

To help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for 30 minutes. This helps protect you in the event that you accidentally leave your computer unattended after you've logged on.

Because your login credentials are used to access your accounts and we are entitled to act on instructions received under your login credentials, you should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess. Keep your password safe. Memorize your password and never tell it to anyone.

Our online security feature allows us to identify the computer(s) you normally use to log on. To assist in preventing someone from accessing your accounts from an unknown computer, we may occasionally need you to verify your identity when you login. This is done by answering security questions that you have already established in the Options section of Corporate O2 Digital Banking. We will never ask you to e-mail your personally identifiable information such as your social security number or account number.

LOGIN SECURITY (Cash Management Users)

As a business customer, you can establish separate logins for each employee you designate to have access to your Corporate O2 Digital Banking accounts. The login consists of a unique ID and password and is in addition to the Company ID. This provides you with control over specific levels of access for individual employees. If you set up one or more additional employees for access, you become the administrator and agree to be responsible for establishing and maintaining Login IDs and passwords.

ACCOUNTS

You may request to access any account on which you are a signer or owner. If you desire services that allow you to initiate payments or transfers from the account, you will need the required withdrawal authority over the account to be able to complete the transaction. You agree to provide us with any verification of account authority we may request.  By using the service, you agree to maintain one or more accounts with us and to keep sufficient balances in your account to cover any transactions and fees that are ultimately approved by or related to the system. We will not be obligated to act on any withdrawal instructions from you if you do not have sufficient funds, including overdraft lines of credit, available in the account you designate. If the accounts added to the service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Login ID and password are authorized unless we have been notified to cancel the service. Once an account is added, regardless of which of the primary or secondary contacts is the owner, responsibility must be taken by all account holders for all transfers, withdrawals, bill payments, etc..

FEES FOR THE CORPORATE O2 DIGITAL BANKING SERVICE

The Corporate O2 Digital Banking service and products associated to the service are subject to module fees.  Fees will be discussed at the time you complete a Treasury Master Agreement to enroll in Treasury services.

CANCELLATION OF CORPORATE O2 DIGITAL BANKING

Your Corporate O2 Digital Banking may be canceled at any time by us in whole or in part without prior notice to you due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. You will remain responsible for all transactions approved by the system prior to the cancellation, and for any other fees associated with the service. After cancellation, service may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate the Corporate O2 Digital Banking service, you must reapply for the service.

You may terminate the use of Corporate O2 Digital Banking at any time by contacting us in writing by mail, e-mail, or personal delivery.

BALANCE INQUIRIES, BILL PAYMENTS AND TRANSFERS LIMITATIONS

You may use Corporate O2 Digital Banking to check the balance of your accounts and to transfer funds among your accounts. There are no limits to the number of transfers or bill payments from your Checking Accounts. Currently, the bill payment service is limited only to Checking Accounts. Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. If you have further questions, contact us. The balances are updated in "real- time" and the system will display the most current "as of" date on the "accounts" summary page. Situations may occur that cause a delay in an update of your balances. The system will use the most current balance available at the time of a transaction on which to base our approval. Any information you receive from us through Corporate O2 Digital Banking is believed to be reliable. However, it can only be provided on a best efforts basis for your convenience and is not warranted or guaranteed. We are not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information or for any investment or other decision made using this information.

ACCOUNT ALERTS

You may use Corporate O2 Online Banking to receive Account Alerts based on specific criteria that you enter in the Notification Setup section.  You can choose to receive your Alert notification upon signing into Corporate O2 Digital Banking, via Email or Text Message.  Providing your mobile phone number and carrier information for text alerts indicates your agreement to our sending text messages to you through your wireless carrier.  We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. 

SPECIAL INFORMATION ABOUT THE STOP PAYMENT SERVICE

The system includes several options that provide a means to securely forward your stop payment to us for processing. Generally, requests received from the system will be processed within one business day using procedures that would handle similar requests received by mail or fax. If urgent action is required, we recommend that you contact us directly by telephone or in person. Additional terms of acceptance or disclosures may apply on the Stop Payment service and these terms will be disclosed at the time that you complete the request. The Stop Payment feature is designed to submit a request to stop payment on checks you have written. We do not guarantee the ability to successfully stop a payment within the first 24 hours from the time of the request due to timing issues. The stop payment order is effective for only six months, unless it is renewed in writing. Once a stop payment order expires, the Bank may pay the item. There may be additional fees associated with some of these services. This service is not available to cancel the payments scheduled through the bill payment service. If you have a problem or need to cancel a bill payment, you will need to contact us.

BILL PAYMENT SERVICE

It is easy to pay bills online. Simply set up your Payees by choosing from our large database of electronic vendors that already exist. If your vendor is not listed in our electronic database you may enter the Payee as a check payment. We should be able to process payments to any payee that has a U.S. Postal address.

PAYMENT LIMITS

The daily limit for the total dollars of payments approved is governed by the system’s available balance in the checking account selected for making the payment. You can withdraw up to the system’s available balance as long as your account shows sufficient funds to cover your payments. Bill payments that you initiate are drawn on your checking account(s) like any other check that you write. NSF bill payments will be treated like any other NSF item presented to the bank for payment. Repeated occurrences of NSF bill payments may result in suspension or cancellation of bill payment privileges.

SCHEDULING PAYMENTS

Please note the following when scheduling Bill Payments through Corporate O2 Digital Banking:

  • Payments entered on our system after our cut-off times, 7:00am and 2:00pm CT each business day, will not be processed until the next Business Day.
  • Payments do not get processed on holidays or weekends. If a scheduled payment falls on a holiday or weekend, it will be processed on the Friday before the weekend, or the last business day before the holiday.
  • If we have to send a paper check in the U.S. Postal System, we typically suggest a Pay On Date that’s at least ten (10) full business days prior to the date that you would like the payee to receive the payment for processing at their address. We are not responsible for postal delays.
  • If the payee accepts the payment electronically, we generally suggest a Pay On Date that’s at least three to four (3-4) full business days prior to the date you would like the payee to receive the payment.
  • Our system assumes the payee/vendor will promptly process the payment on the business day it is received. Any delays caused by the payee/vendor would result in additional delay before the payment would show on their records. We are not responsible for processing delays by the payee.

NO DUTY TO MONITOR PAYMENTS

We do not have any duty to monitor payments made through the Bill Payment service. If you are a business and an authorized representative of yours uses your Bill Payment service to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees, and agents harmless from all loss, liability, claims, demands, judgments, and expenses arising out of or in any way connected with such use.

OUR LIABILITY FOR INCOMPLETE TRANSACTIONS

It is our responsibility to process all bill payments properly initiated through the Corporate O2 Digital Banking system in accordance with this Agreement.  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, for instance: 

  •  If, through no fault of ours, you do not have enough money in your account to make the transfer.  If the transfer would go over the credit limit on your overdraft line.
  • If the automated teller machine where you are making the transfer does not have enough cash.
  • If you believe that an electronic fund transfer has been made without your permission using information from your check.
  • Funds are subject to legal process or other encumbrances restricting the payment or transfer.
  •   If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.  Any information provided by you about the Payee is incorrect.
  • There are any delays in the handling or processing of the payment by the Payees or merchants through no fault of Corporate O2 Digital Banking or our service providers.
  • If circumstances beyond our control (such as fire or flood  or tornado) or other uncontrollable circumstances (for example, mail delays, power failures, Internet or electronic funds systems failures, strikes, acts of war or terrorism)  prevent the transfer, despite reasonable precautions that we have taken. 
  • Other applicable laws and/or regulations exempt us from liability.
  • It can be shown that you were attempting to defraud us.
  • It can be shown that the delay was caused by the U.S. Postal Office.
  • We are not responsible for processing delays by the payee.
  • There may be other exceptions stated in our agreements with you.

In no event shall the Bank be liable for any direct, consequential, incidental, special or indirect losses or other damages, which you may incur or suffer as a result of fraudulent activity to your account(s), identity theft of any sort, or any damage to your computer or telephone service resulting from your use of the Internet to perform online banking, other financial transactions, or other activities as a result of malicious activity to your computer or other technology that is not part of, and under the direct control of, Old Second National Bank.

PAYMENT GUARANTEE

We will reimburse you up to $50 per payment for any late payment fees or penalties you are charged as a result of Corporate O2 Digital Banking failing to deliver a payment to the Payee/Vendor or not receiving a payment by the Due Date if all of the following apply:

  • You scheduled the payment before the cut-off time on a transaction date at least ten (10) Business Days prior to the Due Date.
  • Information provided to us about the Payee (name, address, account number, and amount) was correct and complete.
  • Your account contained sufficient available funds to complete the payment or transaction on the transaction date.
  • The Payee was a Business Payee that charges late charges or penalties.
  • Late payment fees or penalties were assessed by the Payee, due to the delay of this payment.
  • You received no prior notice from the Payee/Vendor that there was a problem with processing payments from our system.
  • You received no notice within the ten business day period that would have allowed you to alert us of a problem where we could have taken corrective action to remedy the situation prior to the tenth day.

IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR STRICT LIABILITY OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

NOTICE OF YOUR RIGHTS AND LIABILITIES

Notify us immediately if your Corporate O2 Digital Banking Login ID and password have been compromised, lost, stolen or used without your authorization. Failure to notify us immediately could result in the loss of all money accessible by the password. Telephoning us at the number listed below in the Errors and Questions section is the best way of limiting your possible loss. You could lose all the money in your account (plus your maximum overdraft line of credit, if you have one). If we are notified within two (2) business days after you discover that your Corporate O2 Digital Banking Login ID and password has been compromised, lost or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) business days, and we can prove we could have prevented someone from using the Corporate O2 Digital Banking Login ID and password without your permission, you could lose as much as $500. If your statement shows unauthorized transfers, notify us within 60 days after the statement is mailed to you. After 60 days, if we can prove that we could have stopped someone from taking the money if we had been told, you may not get back any money from us. If a good reason, (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods to a reasonable time. This section applies only to electronic fund transfers that debit or credit your checking, savings, or other asset accounts and are subject to the Consumer Financial Protection Bureau’s Regulation E. We may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E.

ERRORS AND QUESTIONS

In cases of errors or questions concerning transactions completed with Corporate O2 Digital Banking, do one of the following, as soon as possible:

  • Telephone us at 630-966-2455; or
  • Write to Old Second National Bank, Attn: Treasury Support at 37 S. River Street, Aurora IL 60506; or
  • Initiate a payment inquiry on your PC via e-mail to: onlinebanking@oldsecond.com
  • Message us via the secure messaging option provided within Corporate O2 Digital Banking.

We must hear from you within 60 days after you receive the first statement or notification in which the error or problem appeared. Please include the following information:

  • Name
  • Address
  • Account Number and your Corporate O2 Digital Banking Login ID
  • Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information.
  • Tell us the amount of the error.

For a Bill Payer error tell us:

  • Checking account number used to pay the bill
  • Payee name
  • Date the payment was sent
  • Confirmation number
  • Payment amount
  • Payee account number for the payment in question

We will tell you the results of our investigation within ten (10) business days after we hear from you (20 business days if the transaction involved a new account). If we need more time we may take up to 45 business days to investigate (90 business days if the transaction involved a new account). If we choose to take up to 45 business days, we will give you a provisional credit to your account within ten (10) business days (20 business days if the transaction involved a new account). Your account is considered a new account for the first 30 days following the date the account was opened. Your account will not be considered a new account, provided at the time the account in question was opened, you already had an existing banking relationship with us. If we decide there was no error, we will furnish you with a written explanation within three (3) business days after the investigation is complete.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

Information to third parties about your account(s) or the transaction(s) you make will only be disclosed if at least one of the following applies:

  • Where it is necessary for completing transfers;
  • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
  • In order to comply with a summons, subpoena, warrant, or court order;
  • If we have your written permission;
  • In order to advise third parties of accounts closed for misuse;
  • To collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer service;
  • To send a notice of dishonor or nonpayment;
  • To our accountants and/or bank regulators;
  • To furnish information to the appropriate law enforcement authorities when we reasonably believe we have been the victims of a crime;
  • To furnish information about the existence of an account to a judgment creditor of yours who has made a written request for such information;
  • When we are attempting to collect an obligation owed to us; or
  • As may otherwise be permitted or required by law.

NO SIGNATURE REQUIREMENTS

When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.

VIRUS PROTECTION

Old Second National Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.

ASSIGNMENT

This agreement may not be assigned to any other party by you. We may assign or delegate, in part or in whole, to any third party.

OWNERSHIP OF MATERIAL

Old Second National Bank’s Corporate O2 Digital Banking is a product of Jack Henry & Associates, Inc. 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 within 30 days’ written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. If you use Corporate O2 Digital 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.

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 Corporate O2 Digital Banking; and
  • Applicable state and federal laws and regulations.

This Agreement supplements those and any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this agreement shall supersede. Your use of Corporate O2 Digital Banking is considered your acceptance of these terms and conditions.

 

 

Treasury Management User Agreement

Jack Henry & Associates, Inc. ("JH", “our”, "we" or "us") is (i) the primary service provider for the Service; (ii) not the provider of any financial services available to you through the Service, and (iii) not responsible for any materials, information, or services made available to you through the Service by your financial institution or any other third party. Reference to 'you' means the Business. Capitalized terms used herein are defined in the Definitions Section at the end of the User Agreement.

By enrolling in or using the Service to access your Account, you accept and agree to the User Agreement, which is subject to periodic updates. If you do not agree, you may not use the Service.

THE USER AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 15 THAT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS YOUR CLASS ACTION RIGHTS AND THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JH.

  1. Who Can Use the Service? By accepting the User Agreement, you confirm that you have authority to bind the Business on whose behalf you use the Service, and that the Business accepts the User Agreement. JH may ask you at any time to provide proof of such authority. If you do not provide proof of authority that is acceptable to JH, JH may deny you access to the Service.

  2. Account Information.
    1. Source of Information. At your request, the Service will retrieve your Account Information. By submitting such information to the Service, you represent that you are entitled to control the Account and submit such Account Information to the Service.
    2. Accuracy. You are responsible for providing JH with complete and accurate information and updated (as necessary) Registration Information so that the Service may access your Account Information. JH will not be responsible for (i) any loss arising out of your failure to do so, or (ii) any typographical, keystroke, or other error made by you, including any error caused by "pre-filling" or automated entry done on your behalf on a device. JH may ask you at any time to confirm the accuracy of your Account Information and Registration Information and/or provide additional supporting documents.
    3. Confidentiality. If you use the Service, you are responsible for (i) maintaining the confidentiality of your Account Information and Registration Information, (ii) restricting access to your Account, and (iii) all activities that occur under your Account.

  3. Subscription Restrictions.
    1. You may only use the Service for your internal business purposes. If you require a service dedicated to your personal activities, please contact your financial institution to create a separate personal account.
    2. You will not: (i) modify, revise, or create any derivative works of the Service; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Service; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Service; (iv) engage in any screen scraping or data mining of the Service; (v) identify JH or display any JH content or any portion of the Service on any site or app, without JH’s prior written permission; (vi) remove or alter any proprietary notices, legends, symbols, or labels in the Service, including, but not limited to, any trademark, logo, or copyright; (vii) use the Service in such a manner as to gain unauthorized entry or access to computer systems; (viii) use the Service in any way that would be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity; (ix) introduce viruses, spyware, malware, or other malicious code to the Service or interfere with the integrity or security of the Service or use any computer code, "robot," "bot," "spider," "scraper," or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy data or content found on the Service or accessed through the Service, without JH’s prior written permission; or (x) use the Service for benchmarking purposes, use another user's account on the Service, or use the Service to develop any competing product or service.
    3. Compliance with Applicable Laws. You agree to use the Service in compliance with applicable laws.

  4. Suspension; Termination; Effect of Termination.
    1. JH may suspend your subscription to use the Service at any time for any reason, including as may be required by applicable law, any potential, actual, or discovered security threat, or any potential, actual, or discovered fraud. Upon suspension, you will no longer have access to the Service.
    2. This subscription may be terminated at any time by you or JH. You may elect to terminate the subscription by contacting your financial institution. If you violate any of your obligations under the User Agreement, your permission to use the Service automatically terminates. Upon termination, you will no longer have access to the Service.

  5. Application of Privacy Laws.
    1. Scope of the Service. JH acts as a processor or service provider, as such terms are defined under applicable privacy laws, to your financial institution which is the controller of your data, including, where applicable, personal information, and is primarily responsible for handling requests related to your data. JH will cooperate with any privacy rights requests JH receives from your financial institution. If you use the Service to engage in transactions with other third parties, the privacy statement of any such third party will govern the use of your data by the third party. As a subscriber of the Service on behalf of the Business, business-to-business exceptions in certain privacy laws may apply to your data.
    2. Telecommunication Providers. The use of the Service involves the electronic transmission of personal financial information across the networks of your telecommunications provider, and such use is governed by its privacy and security practices. JH does not operate or control the telecommunications networks used by you to access the Service. You are responsible for any fees assessed by your telecommunications provider during your use of the Service.

  6. Rights you Grant to JH.
    1. Your Data. You grant JH a perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free right to use, store, copy, and transmit (i) the data you submit to the Service, including Account Information, and Registration Information, and (ii) the data and information gathered and collected by JH through the Service about you, your device, system and application software, and peripherals. JH will only use that data as follows: (1) to provide the Service, facilitate the provision of software updates, product support, product enhancements, development of new or additional services or technologies and other services (if any) related to the Service; and (2) if the data is anonymized, to enhance its offerings, improve its products, or develop new or additional services or technologies.
    2. Third-party Sites. JH may offer additional features to enhance the Service from time to time, such as connections to a third-party site or third-party services. JH may stop offering those at any time without prior notice to you. When you use the "Add Accounts" feature of the Service to connect the Service to a third-party site or enable external transfers to or from the Service, your Account will be directly connected to your designated third-party site. JH will submit data, including usernames and passwords, that you provide to log you into the third-party site. You authorize and permit JH to use and store the data submitted by you (such as account passwords and usernames) to configure the Service so that it is compatible with the third-party sites for which you submit your data. You acknowledge and agree that when JH is accessing and retrieving your data from the third-party sites, JH is acting on your behalf and not on behalf of the third party. Because you requested the connection to the third-party site and consented to share your personal information with such third-party, you agree that JH will have no liability for your use of the third-party sites or the Service.
    3. Unauthorized access or use. You will immediately notify your financial institution of any breach of security or unauthorized access to or use of your Account. JH will not be liable for any losses or other damage caused by any unauthorized use of your Account. If JH becomes aware of unauthorized access to or use of your Account, JH may disable your Account, and any access to data in your Account at any time, in our sole discretion.

  7. Camera. If you grant permission for the Service to access a camera, photos, media or other files on your device, you agree to allow JH to use your data to fulfill your requested action, such as adding an image to a transaction or capturing images of a check that is being deposited.

  8. Subscription.
    1. JH’s Rights. You acknowledge and agree that JH is the owner of all right, title, and interest in the online and/or mobile technology solutions made available to you in the Service, including but not limited to any downloaded software and the computer programs contained in the Service, as well as any accompanying user documentation, and all subsequent copies, updates, or versions, regardless of the media or form in which they may exist. The User Agreement will govern any updates to the Service.
    2. Your Rights. JH grants you a subscription to use the Service in accordance with the User Agreement and for the sole purpose of enabling you to use your financial institution’s services made available via the Service. This is not a sale or license of the Service. All rights not expressly granted to you by the User Agreement are reserved by JH. Nothing in the User Agreement will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Service from JH.

  9. Electronic Notifications. As a part of the Service, you may receive notifications via electronic means, including email, SMS text, and telephone. These notifications may include legally required notifications, notifications required by your financial institution, and notifications you opt-in to receive. If you receive notifications via email, SMS text, or telephone, you are certifying that you are the accountholder for the email address or telephone number or have the accountholder's permission to use the email address or telephone number for the Service. By your use of the Service, you acknowledge that notifications may be sent by JH and received by you electronically during any part of the day, including outside of normal business hours and between the hours of 9 p.m. and 8 a.m. local time. JH is not liable for any delays, failure to deliver, or misdirected delivery of any notification, for any errors in the content of a notification, or for any actions taken or not taken by you or a third party in reliance on a notification. You agree that JH will have no liability related to notifications that are sent or received through your use of the Service.

  10. Mobile Devices. To use the App, you must have a mobile device with internet access and/or wireless cellular service that you are authorized to use and that is compatible with the App. The Service may not be available through all mobile service providers, and some smartphones and other wireless devices may not be supported. JH does not warrant that the Service will be compatible with your mobile device. The technical standards required to send and receive information, including SMS text capability and access to the Internet, may vary among the types of mobile devices and telecommunications providers that support the Service, and may be updated from time to time by the providers. You understand and agree that the telecommunication providers may modify the supported mobile devices and/or the technical standards at any time, without prior notice, and JH will not be liable to you for your failure to access or use the App due to any such modifications. You are solely responsible for satisfying these technical standards, maintaining the compatibility of the mobile device with the App, and compliance with all rules and regulations of your mobile service provider.

  11. Links to Third-Party Sites. The Service may contain hyperlinks to websites operated by parties other than JH or its affiliates. Such hyperlinks are provided for your reference only. JH does not control such websites and is not responsible for their content. If JH posts hyperlinks to other websites, this does not mean that JH endorses the material on such websites or associate us with their operators. Your access to and use of such websites, including information, material, products, and services on such website, is solely at your own risk.

  12. Disclaimer of Warranty. THE SERVICE AND THE APP ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOUR USE OF THE SERVICE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JH BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, JH'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE WILL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  14. Analytics. To assist JH in maintaining and improving the Service, JH uses multiple analytics and logging platforms to gather information about your usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, and what kinds of operating systems and devices they use. This information will help JH improve the performance of the Service for you.

  15. Dispute Resolution. You agree that: (i) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Service, the App, or the User Agreement will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (ii) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) The arbitration will be held at the AAA regional office nearest to you; (iv) The arbitrator’s decision will be controlled by the terms and conditions of the User Agreement; (v) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (vi) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator will not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) The arbitrator will not have the power to award punitive damages against any party; (viii) If the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, JH retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JH retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

  16. Miscellaneous. The User Agreement constitutes the entire agreement between you and JH concerning the subject matter hereof. The User Agreement will be governed by and construed in accordance with the laws of the State of Missouri, excluding that body of laws pertaining to conflict of laws. If any provision or portion of the User Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. Failure by JH to insist upon strict enforcement of any provision of the User Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the App, or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you. The User Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly waived and excluded. 

Definitions

  • Account means a business account with your financial institution that you manage and operate through the Service.
  • Account Information means the information provided by your financial institution to use the Service, including transaction-related information.
  • App means the progressive web application, the data supplied with the progressive web application and the associated media to use the Service.
  • Business means the limited liability company, limited liability partnership, professional corporation, joint venture, sole proprietorship, other type of corporation, nonprofit organization, sole trader, freelancer, limited or public company, partnership, trust or other entity as applicable.
  • Intellectual Property means (i) rights in, and in relation to, any trademarks, logos, patents, registered designs, design rights, copyright and related rights, moral rights, databases, domain names, utility models, and including registrations and applications for, and renewals or extensions of, such rights, and similar or equivalent rights or forms of protection in any part of the world, (ii) rights in the nature of unfair competition rights and to sue for passing off and for past infringement, and (iii) trade secrets, confidentiality and other proprietary rights, including rights to know-how and other technical information.
  • Registration Information means the account numbers, usernames, passwords, PINs, and other log-in related information required to use the Service.
  • Service means the online banking platform and the App.
  • User Agreement means the provisions contained herein which define the terms and conditions on which we provide the Service to you, which are subject to periodic updates.