Personal Online Banking Services Agreement
Welcome to FirstMerit's Online Banking service. The following agreement governs your use of FirstMerit's Online banking service.
YOUR AFFIRMATIVE ACT OF TYPING IN YOUR USER NAME AND CLICKING EITHER "SUBMIT" OR "LOG IN" CONSTITUTES YOUR ELECTRONIC SIGNATURE AND AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
Please review these terms carefully. In addition to traditional paper based communications, by signing up or using FirstMerit’s Online Banking service, you agree to transact with and receive notices from FirstMerit electronically (see the Consent for Electronic Communications). You also consent to the information practices disclosed in FirstMerit’s Privacy and Security Principles. You may wish to print this agreement for your future reference. All of the terms and conditions of your bank account relationship with us will remain the same, except as modified by this agreement. If you do not agree to these terms, do not use the service.
2. Transfers of Funds, Transfers to FirstMerit Loans, Bill Pay and Popmoney
You may transfer funds between the FirstMerit checking and savings accounts that have been made accessible to you via the Internet. Transfers of funds will be effective on the banking day they are made. You may also transfer funds from a checking or savings account, made accessible to you via the Internet, to a FirstMerit loan (credit card, mortgage loan, line of credit or installment loan). Payment transfers will reflect on your checking or savings account the next banking day. Posting of the payment transfer onto the loan may take longer.
If you enroll and are accepted, you may transfer funds between FirstMerit and deposit accounts at other financial institutions, brokerage firms, etc. (external accounts). The external accounts must be accessible to you via the Internet and verified and approved by FirstMerit. These external transfers will be processed through the Automated Clearing House (ACH) network and its applicable rules. However, should FirstMerit choose to utilize a different process or the ACH network becomes unavailable, you agree that FirstMerit may perform the external transfer service through other means. Initially and from time to time thereafter, FirstMerit may verify the external accounts by performing a test transfer, in which one or more low value amounts, may be both credited to and/or debited from the external accounts. Once the test transfer(s) are complete, we may ask you to access your external account to tell us the amount of the test credit and/or debit, as well as any other information reported by the external account institution. FirstMerit, in its sole discretion, may require other or additional verification methods. External transfers may be scheduled to occur once, for a future date or on a specified recurring basis. FirstMerit, in its sole discretion, may set limits on external transfers with regards to amounts, number of transfers, timing of transfers, etc. View additional information on limits. These limits are in addition to the limits described below.
If you have a home equity line of credit, you may transfer funds from your line to any of your deposit accounts and you may make payments (transfers) to your line from any of your deposit accounts, subject to the transfer limits described below.
If you have registered for our online bill pay service, you may make payments to third parties from your designated bill pay checking account. These payments are subject to both this Agreement and the separate Bill Pay Terms and Conditions.
If you have registered for our Popmoney service, you can transfer funds to third parties from a designated FirstMerit account. These transfers are subject to both this Agreement and the separate Popmoney agreement.
Because of federal law, you may make no more than six transfers per statement cycle from each of your savings and money market deposit accounts including transfers made via the Internet and any other transfers from these accounts via preauthorized transfer, telephone or check. Failure to adhere to these limitations could result in the conversion of your account to a transaction (checking) account or in the case of savings accounts, the closure of your account. You may make unlimited transfers from these accounts in person or at an ATM.
For purposes of this agreement, a banking day is Monday through Friday, excluding legal holidays on which the bank is closed. If a transfer is made on a non-banking day or after our cut-off times, they will be effective on the next banking day. There must be sufficient funds in your account on the banking day of the transfer in order to complete the transfer. If sufficient funds are not available to complete the transfer, the transfer may not be completed, and you may be charged any applicable fees. If the transfer is completed and there are not sufficient funds, you authorize FirstMerit to debit any of your accounts to the extent necessary to offset any resulting deficiency. You will receive a tracking ID and confirmation message for any transfers you make. If you do not receive a confirmation after requesting a transfer to be made, it may not have been completed. Posting of the payment transfer onto the loan may take longer.
Use of this Web site, other than as permitted by this agreement or any other terms and conditions, will result in the immediate termination of your access to online banking services. We reserve the right to terminate your access to or use of this service, or any portion thereof, without notice and without limitation, for any reason, including a violation of the conditions and restrictions in this agreement or any other applicable agreement. FirstMerit shall have no liability to you for such termination.
You may terminate use of online banking services at any time by calling us at 888-554-4362, or writing to us at:
FirstMerit Bank N.A.
295 FirstMerit Circle
Akron, Ohio 44307
You must notify us at least ten (10) days before the date on which you wish your service to be terminated. Termination will apply to your access to all of your accounts that have been made accessible via the Internet. Regardless of how or when you first notify us, we may ask you to verify such request in writing.
From time to time, FirstMerit will terminate and purge those online banking customers who have not accessed or utilized the service for an extended period of time. Should your access be terminated due to lack of use, you will be permitted to re-enroll.
Termination of your service does not affect your obligations under this agreement for any transactions you have conducted or instructions you have submitted, nor does it affect the terms and conditions of any other products or services you continue to maintain with FirstMerit.
4. Electronic Disclosures
Your use of FirstMerit's Online Banking service constitutes your agreement to the Consent for Electronic Communications. You agree that FirstMerit may provide to you required notices, disclosures, agreements and other information concerning your account and the online banking service electronically (collectively, "Notices"). You agree that FirstMerit can send you Notices (1) to the email address that you provided to FirstMerit during registration or (2) by posting the Notice on the Website home page of the applicable service. The delivery of any Notice from FirstMerit is effective when sent by FirstMerit, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. In order to receive Notices electronically from FirstMerit, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband) and either a Windows-based operating system with an Internet browser, or a Macintosh-based operating system with an Internet browser for Macintosh (see Software Requirements). You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this agreement by clicking on the "Online Banking Terms & Conditions" link located on the log-in page to the service.
If you would like a paper copy of any periodic statement or other Notice, please contact the Customer Contact Center 888-554-4362. You understand and agree that FirstMerit may charge a fee for each copy you request. You may elect to withdraw consent to receive Notices electronically by contacting the Customer Contact Center at 888-554-4362. However, if you elect to withdraw consent, FirstMerit reserves the right to discontinue your access to the online banking services and to convert your account to another type of account with similar features.
The following fees will be applicable to online banking:
- Viewing account information: no charge;
- Transfers of funds between deposit accounts: will be subject to any fees applicable to withdrawals from your account as stated in your account disclosures, Personal Checking and Savings Account Fee Schedule or as posted on our website or within the application, each as amended from time to time;
- Bill pay service: no charge;
- Payment transfer: no charge;
- All other services: fees for any other service made available or requested by you via this website, will be as stated in our Personal Checking and Savings Account Fee Schedule, as amended from time to time.
You agree to pay the applicable fees and charges for online banking services that you use. FirstMerit may limit the number of promotions for which you may be eligible in a given period.
6. Balance Inquiries
You may check balances and recent transaction information for any of your accounts that have been made accessible to you via the Internet. This available balance shown for your account may not be the actual available balance in your account. It may include deposits subject to verification by us. It may not include, for example, deposits in progress, outstanding checks, other withdrawals and payments, credits, charges or other items which have not yet been processed.
All payments and transfers made through the Internet will appear on the applicable account statement, which will be available to you online or mailed to you.
Information you supply to us via the FirstMerit Website and your account information is covered by FirstMerit's Privacy and Security Principles as amended from time to time. Information which you supply to others may not be covered by FirstMerit's Privacy and Security Principles and is disclosed solely at your own risk.
9. Electronic Funds Transfer Disclosure
The following information is to be read as an addendum to the E.F.T.S. disclosure you received with your debit card or ATM card or when you opened your deposit account. Any transfers you complete using your User ID and Password combination over the online banking web site are subject to this disclosure. You should treat your User ID and Password as you would treat a debit card or ATM card and PIN combination.
Your rights and responsibilities as a consumer who uses Electronic Fund Transfer (EFT) services are defined by the Electronic Fund Transfer Act (15 U.S.C. 1693, et seq.) and Regulation E of the Consumer Financial Protection Bureau. One of the requirements of this Act and the Regulation is that all financial institutions must make certain disclosures to EFT users.
Tell us at once if you believe your online banking password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account plus your maximum overdraft line of credit, if you have one. If you tell us within 2 business days, you can lose no more than $50 if someone used your Password without your permission.
If you do not tell us within 2 business days after you have learned of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was delivered to you, you may not get back any money you lost after 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your password has been lost or stolen, or that someone has transferred money from your account without your permission, call 888-554-4362 or write to:
FirstMerit Bank, NA
295 FirstMerit Circle
Akron, Ohio 44307-2359
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
You may use your online banking user name and password to transfer funds between your savings and checking accounts, make transfers to and from your home equity line of credit, make transfers to and from your accounts at other institutions (if enrolled and accepted) and to make payments to third parties if you have enrolled in our online bill pay service.
There are limits on the frequency and dollar amount of transfers using your User ID and password, as follows:
- All transfers are subject to the availability of funds in your account
- Transfers from Money Market and savings deposit accounts are subject to the provisions of Regulation D which limit the number and type of Internet transfers (See Section 2 of this Online Banking Services Agreement)
- Any other limitations as set forth in the separate Terms and Conditions for our online bill pay service
- Some transaction types (e.g., FirstMerit loan payments that payoff the loan) may not be accepted
We may charge for certain types of transfers, as shown in our fee schedules or the bill pay fee schedule.
You can get a receipt of the transfers you make at the time you make them or for bill pay transactions once they are completed. The receipt will appear electronically at the completion of the transfer. You may wish to print it from your computer for future reference. You will receive a monthly statement showing any transfers and payments you make, unless you make no transfers in any month. In any case, you will receive a statement at least quarterly.
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 your established overdraft protection credit limit;
- if your computer or your Internet service provider's equipment was not working properly and you knew about the problem when you initiated the transfer;
- if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
There may be other exceptions stated in our agreement with you.
Call the telephone number or write to the address shown below as soon as you can if you think your statement or receipt is wrong or you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent you the first statement on which the problem or error appeared.
- Tell us your name and account number (if any)
- Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information
- Tell us the dollar amount of the suspected error
FirstMerit Bank, NA
295 FirstMerit Circle
Akron, Ohio 44307-2359
If you tell us orally, we will require that you send us your complaint or question in writing within 10 business days.
In most cases we will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, we may take up to 45 days to investigate your complaint or question. If we decide to do that, we will recredit your account within 10 business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If, however, your complaint or question involves a transfer that was initiated outside the United States (including territories and possessions), the period within which we will tell you the results of our investigation is 10 business days after we hear from you or, at our option, 90 days thereafter, if we recredit your account within the 10 business day period. We will ask you to put your complaint or question in writing. If we do not receive it within 10 business days, we may not recredit your account.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
10. Applicable Law
Your use of the FirstMerit Website is subject to and governed by all applicable federal laws and any applicable laws of the state where you opened your account.
This agreement may be amended from time to time. Such modifications will be made by amending this agreement as posted on this Website. You can review the most current version of these terms by clicking on the "Online Banking Terms & Conditions" link located on the log-in page to the service. FirstMerit will provide you with electronic notice of any material changes to this agreement before such changes take effect. Your continuing use of the FirstMerit Website and online banking services after the changes have been posted or after you have been otherwise notified, if applicable, will constitute your acceptance of the changes to this agreement. If you do not agree to the new terms, you must discontinue your use of the online banking service before the changes take effect. Certain services or features may be subject to additional rules, guidelines and terms that will supplement this agreement. You will be presented with the supplemental terms, if any, at the time you set up or register for such features.
12. Your User ID and Password
You will select a user name and password when you sign on to use FirstMerit's Online Banking service for the first time. Access to your account information and the ability to complete transactions on your account is possible only with this user name and password combination. Your user name and password combination should be treated with the same care and confidentiality as your ATM or debit card and PIN combination. You are responsible for keeping your user name and password confidential. You are responsible for all activities on your account if you give access to your account information to other persons, including third party aggregation services. You may wish to avoid saving your password on your computer's hard drive to prevent someone who may gain access to your computer from being able to gain access to your accounts via the Internet. You may also wish to use a unique user name and password combination for your online banking service.
Please note that FirstMerit will never ask you for your password. See Section 9 in this agreement regarding what to do if you believe your password has been lost or stolen. You may change your password at any time, and may want to consider doing so frequently.
FIRSTMERIT DOES NOT GUARANTEE (a) THAT YOU WILL BE ABLE TO ACCESS OR USE THE FIRSTMERIT ONLINE BANKING SERVICES AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING OR (b) AS TO THE SECURITY OF YOUR INTERNET CONNECTION OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO YOUR COMPUTER(S). FirstMerit is not liable or responsible for any loss or other damage, whether direct or indirect, that you suffer as a result of your telephone service, cable service, or electric service being disconnected, interrupted, or otherwise unavailable; for deficiencies in the quality or speed of your connection; for any defect in the modem, computer or other device you use to connect to the Internet; for any problems with the service quality provided by the service provider you use to connect to the Internet; or for any problems with Internet capacity. FirstMerit is not responsible for any damage to the equipment you use to connect to the Internet, or for any other property damage resulting from the use of FirstMerit's Online Banking service.
You must provide at your own expense the equipment and Internet connections that you will need to access and use FirstMerit's Online Banking services. If you access the service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the service through wireless applications (e.g., cellular phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. Please see the FirstMerit Mobile Banking Terms and Conditions for additional information.
15. Authentication of Internet Transactions
All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. If a further confirmation, such as your signature, is required for any transaction, we will so indicate at the time of the transaction, or we will tell you once we have received the transaction instructions from you.
16. Limitation of Liability
FirstMerit is not liable to you for damages, including, but not limited to, indirect, consequential, incidental, special, or punitive arising from your use of this service, or in connection with any failure of performance due to any defect, delay, service interruption, or performance failure by any third party, even though FirstMerit may be aware of the possibility of such damages. Furthermore, FirstMerit is not liable to you for a breach or other failure of your data security procedures or computer systems. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
17. Bill Pay Service
The use of the bill pay service available on the FirstMerit Online Banking site is governed both by this agreement and by a separate bill pay agreementas well as all other account terms and conditions.
18. Popmoney Service
The use of the Popmoney service available on the FirstMerit Online Banking site is governed both by this agreement and by a separate Popmoney agreement.
You may not assign your rights under this agreement to any other party without our express written consent. We may assign our rights and responsibilities under the agreement without prior notice to you.
If any part or parts of this agreement are found to be invalid by a change in any applicable law or through any legal proceeding, it will not alter or affect the validity of any of the remaining parts of the agreement, which will remain in full force and effect.
A waiver by FirstMerit or you of any right(s) under this agreement will not act as a continuing waiver of any future right or obligation.