Mobile Business Disclosure
Millennium Bank Business Mobile Banking Service Terms and Conditions
Addendum to your Business Online Banking Agreement (5/12/2020)
- INTRODUCTION – PARTIES AND DEFINITIONS
This Business Mobile Banking Service Agreement (as amended from time to time, this “Agreement”), governs the Business Mobile Banking service provided by Millennium Bank “THE BANK” and your use of that service. This Agreement also includes certain licensing rights and restrictions, including an end user agreement between you and our primary software licensor, FISERV Mobile.
The terms “we”, “us” and “our” refer to THE BANK. The terms “you” and “your” refer to our customer who is entering into this Agreement. The term “Business Mobile Banking” means a suite of services that we make available, enabling you to conduct banking transactions with us by using your Mobile Device. “Mobile Device” means a cellular telephone or similar wireless communications device (1) that is installed with software permitted by us (“Mobile Banking Software”) that you have downloaded in order to conduct Mobile Banking transactions, or (2) that is capable of conducting Mobile Banking transactions by using other protocols we may choose to permit (e.g., Wireless Application Protocol (WAP)). We reserve the right to change the Mobile Banking Software and other protocols that we allow for Mobile Banking at any time without prior notice.
- BUSINESS MOBILE BANKING IS PART OF YOUR PRIMARY ONLINE BANKING SERVICE
Mobile Banking is available only to businesses that are already enrolled in our Business Online Banking service.
The term “Online Banking” means the Business Online Banking service through which you choose to enroll in Mobile Banking. “Online Banking Agreement” means the Business Online Banking Agreement, as amended from time to time, that you accepted when enrolling in your Primary Online Banking service. Your “Online Banking Agreement” also includes related agreements that you have with us in connection with your Online Banking (e.g., any agreement for our Remote Deposit Capture, ACH or Wire Transfer services etc.)
This Mobile Banking Service Agreement is an Addendum to and includes the terms of your Business Online Banking, Business Mobile Banking and Cash Management Agreement. Capitalized terms that are not defined in this Agreement are defined in other agreements. The same credentials (Login ID and Password) that are in place for your Online Banking service shall also apply to Mobile Banking.
- ACCEPTING THIS AGREEMENT
Before using Business Mobile Banking, you must both (a) consent to receive notices and disclosures electronically, and (b) read and accept this Agreement. You must evidence that consent and acceptance by selecting the button declaring your acceptance as part of your enrollment in Business Mobile Banking. In addition, you agree you are deemed to automatically renew that consent and acceptance each time you log in as a user and use Mobile Banking to conduct any transaction. The current version of this Agreement can always be viewed online through your Online Banking service.
- TERMS AND CONDITIONS
- CONSENT TO RECEIVE DISCLOSURES AND NOTICES ELECTRONICALLY
For certain transactions, we are required to disclose certain information in writing. With prior consent, however, we may instead provide that information electronically. We also need general consent to use electronic records for certain transactions in providing the Business Mobile Banking service to consumers and business customers.
By accepting this Agreement, you hereby (a) consent to receiving such notices and disclosures (including this Agreement and disclosures that are otherwise required to be in writing) as well as those concerning Business Mobile Banking, Online Banking, and your enrolled bank accounts electronically, including by mobile phone or e-mail (each of the foregoing being an “electronic address”) and (b) consent to using electronic records and communications to you in connection with the Business Mobile Banking service. We require this consent as a condition of providing the Business Mobile Banking service to you. You must enter your electronic address for such disclosures and notices when first enrolling in Business Mobile Banking. You are solely responsible for immediately updating your electronic address if it changes. You must update your electronic address by logging into your Online Banking service, accessing the electronic page for managing your email address or accessing the Mobile Banking page to update your Mobile Device phone number, and entering your new electronic address. If you need assistance updating your electronic address, you may call the Bank at 847-296-9500.
All disclosures and notices by us shall be deemed given and received by you immediately upon being sent to your electronic address in our records. Many disclosures and notices may also or instead appear in one or more of your bank account statements. Unless specifically required by law, we are not obligated to provide any disclosure or notice to you by regular mail or by any means other than electronic transmission.
Receiving electronic disclosures and notices on your Mobile Device requires that your Mobile Device be an Internet-enabled Mobile Device that supports 128-bit SSL encryption. You must have internet access, provide us with your valid email address, and use a commonly accepted and recent version of an HTML 4.0 compliant internet browser that supports 128-bit SSL encryption. In order to keep disclosures and notices sent to you electronically, you must be able to save them to your Mobile Device or computer or to print them. You hereby confirm to us that you have verified your hardware, software and ability to view, and to print or electronically save, electronic disclosures and notices (including text messages, emails and PDF documents). If you do not have the foregoing hardware, software and ability, you must not enroll in the Mobile Banking service.
Permissible electronic delivery includes (i) by email to any address you have provided for use with this Business Mobile Banking service, including PDF documents attached to email, (ii) by display on your screen during your online Mobile Banking service activity, (iii) any other electronic means that you have authorized or hereafter authorize pursuant to your online banking services agreement. You are responsible for advising us of any change in the email and other electronic addresses you use for the Business Mobile Banking service.
We do not charge for electronic delivery. You may request a paper copy of any electronic notice or disclosure at no additional charge by calling our bank at 847-296-9500. You may at any time withdraw your consent to electronic delivery by calling our bank at 847-296-9500, but in that event we can terminate your Mobile Banking service.
You may review, print and/or download a copy of this Agreement (including the foregoing Consent) from our Online Banking website. You should print or save a copy of this Agreement for your records. If you do not consent to these terms for electronic delivery of disclosures and notices, or to any other provision in this Agreement, then do not accept this Agreement or use this Mobile Banking service.
- MOBILE BANKING SERVICE
- Mobile Banking Functions
To access Business Mobile Banking service and functions, your Mobile Device must be Internet-enabled and connected to the Internet through your mobile communications service provider. You must be enrolled in Business Online Banking service and our Business Mobile Banking service. You must enroll the particular Mobile Device(s) that you wish to use with Mobile Banking. You must also un-register any Mobile Device(s) that you may no longer wish to be capable of using with Mobile Banking.
Not all functions of Business Online Banking service website are available with Mobile Banking. All terms and conditions in your Business Online Banking, Mobile Banking and Cash Management Agreement or on your Business Online Banking service’s website that limit or govern your use of Business Online Banking functions will also limit and govern your use of those functions through Business Mobile Banking.
- Mobile Banking Service Availability
We will use reasonable efforts to make Business Mobile Banking service available for your use on a continuous basis. We do not guarantee functionality of Business Mobile Banking services (or any Mobile Banking Software) on all Mobile Devices, on all communications networks, in all geographic regions, or at all times. Mobile Banking service may be temporarily unavailable for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. In addition, your accessibility to the Business Mobile Banking service may be interrupted because of conditions beyond our control, including outages in Internet availability. We will use commercially reasonable efforts to re-establish Business Mobile Banking service in those instances, but we do not promise the Business Mobile Banking service will always be available for your use. We may elect to discontinue Business Mobile Banking (or any of the services that we provide, from time to time, through Mobile Banking) at any time. If we choose to discontinue Business Mobile Banking, we will provide you with reasonable notice. In the case of a disaster, your Business Mobile Banking may be suspended in order to allow emergency and responding personnel to use the cellular networks. In no event, regardless of cause, shall we be liable to you for unavailability of Business Mobile Banking services, or your inability to access Business Mobile Banking or to execute Business Mobile Banking functions.
- Fees Charged by Us
Currently, we charge no fees to enroll in or use the Business Mobile Banking service itself. However, we can assess fees (a) set forth in the other agreements, disclosures or fee schedules for particular banking products or accounts (such as overdraft or funds transfer fees), or (b) for products and services that you may purchase through Business Mobile Banking (such as Bill Pay per- transaction fees by business customers, and mobile check deposit transaction fees). We reserve the right to institute or change fees for Business Mobile Banking after sending you prior notice. See the section entitled “Amending this Agreement or Fees.”
- Mobile Device and Mobile Communications
You are responsible for providing your own Mobile Device that supports 128-bit encryption. Mobile Banking users must download, install and use certain software systems and programs developed by us, our licensors or other third-parties. We are not responsible for any damage to your Mobile Device resulting from those activities, and you will be engaging in those activities at your own risk. To download Mobile Banking Software, please follow the instructions found in the Business Mobile Banking section of your Online Banking site. Depending on its make and model, your Mobile Device may need to be capable of receiving an SMS text message to initiate the download.
You are responsible for obtaining your own mobile communications service provider. Your mobile communications service provider may charge you for Internet-related use and for text (SMS) messages, so please see your mobile carrier for further details about its charges. You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties while using Mobile Banking.
We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your mobile communications service provider agreement, or (ii) any Mobile Device, hardware, software or other any product or service you may purchase from others relating to your use of Business Mobile Banking. This Agreement does not amend or supersede any agreements that you have with third parties (such as your Mobile Device supplier and your mobile communications service provider), and you remain subject to all terms, fees, costs, other charges, limitations and restrictions in those agreements with third parties. Your Mobile Device supplier and your mobile communications service provider are responsible for their products and services. You agree that any problems you may have concerning those companies’ products, services or agreements shall be resolved by you directly with them, and without involving us. Your Mobile Device may become subject to unauthorized tracking, “hacking” or other manipulation by spyware, viruses or other malicious code (“malware”). We are not responsible for advising you of the existence or potential effect of any malware. Your use of your hardware and software is at your own risk.
- Export Controls
Software programs, materials, tools, and technical data may be subject to U.S. export controls or the trade laws of other countries. You agree to comply with all export control regulations. You also acknowledge that you, not we, have the responsibility to obtain such licenses to export, re-export or import as may be required. You agree not to export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws.
- Mobile Banking License Rights Generally
In connection with your use of Business Mobile Banking Software, we and our licensors (or other third-parties who have directly or indirectly granted rights in those software systems and programs with respect to Business Mobile Banking) will require your agreement to certain license rights arrangements and/or end-user agreements (“Licenses”). By enrolling in portions of Mobile Banking relating to those software systems and programs, and by downloading and installing Business Mobile Banking Software, you will be evidencing your acceptance of the terms and conditions of those Licenses. We may also condition your use of Business Mobile Banking Software upon you affirming such Licenses by the use of a dialogue box acknowledgment (such as “I Accept”), or by other affirmative or use-based acknowledgment and agreement systems. We and our service providers (including without limitation third-party providers of Mobile Banking Software) reserve all rights not granted to you in this Agreement and under the terms of such Licenses. If you obtain a different Mobile Device, you will be required to download and install Business Mobile Banking Software, to that different Mobile Device, under the same terms set forth in this Agreement. You agree to delete all such software from your Mobile Device promptly if the Licenses or this Agreement terminate for any reason. We reserve the right to change, add to, or terminate services with our third-party Mobile Banking Software providers, to substitute different Business Mobile Banking Software providers, and to enter into or arrange for the provision of Mobile Banking Software by other licensors and third-parties.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR THE AGREEMENTS GOVERNING THE TERMS OF ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF BUSINESS MOBILE BANKING OR BUSINESS MOBILE BANKING SOFTWARE, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS. YOUR USE OF THE MOBILE BANKING SOFTWARE AND MOBILE BANKING SERVICES, AND ANY MATERIAL OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED VIA MOBILE BANKING, IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
- Additional Terms and Conditions in Related Agreements with Us
Your use of Business Mobile Banking is subject to the terms and conditions of your Business Online Banking, Business Mobile Banking and Cash Management Service Agreement (as amended from time to time). Without limitation, this Agreement is supplemented by your, Business Online Banking, Business Mobile Banking and Cash Management Service Agreement’s provisions regarding disclaimers of warranties, limitations on our liability, indemnity, amendments, dispute resolution terms and procedures, and definitions.
In addition, each deposit account or credit account that you access using Business Mobile Banking, and each transaction made in such accounts using Business Mobile Banking, remains subject to the general terms, conditions, and agreements governing those accounts (e.g., as applicable, the deposit account agreement, credit cardholder agreement, line of credit agreement, etc.).
- Amending this Agreement or Fees
We may amend this Agreement at any time by sending notice as described in your Business Online Banking, Business Mobile Banking and Cash Management Service Agreement; provided, however, that this Agreement governs our right to provide you with that notice electronically. You may choose to accept or decline the change. By continuing to use Mobile Banking after the effective date stated in the notice, you are deemed to accept that change.
- Lost or Stolen Mobile Device or Password; Unauthorized Transactions
If you believe your Mobile Device, user name (Login ID), password, or other approved access device has been lost or stolen, or that someone has transferred or may transfer funds from your account without your authorization, contact us AT ONCE at 847-296-9500. For additional information regarding your and our rights and responsibilities regarding unauthorized transactions, please review your Primary Online Banking Agreement and the applicable agreement(s) governing the affected deposit account or credit account.
- In Case of Errors or Questions about Your Account
In case of errors in or questions about your deposit or credit accounts, contact the Bank at 847-296-9500. For additional information regarding your and our rights and responsibilities regarding errors in or questions about your accounts and how such errors and questions are processed, please review your Primary Online Banking Agreement and the applicable agreement(s) governing the affected deposit account or credit account.
For questions or concerns about the Mobile Banking service itself, you may call us at 847-296-9500 or by mail at:
ATTN: Business Banking
2077 Miner Street
Des Plaines, IL 60016