This Online Agreement and Disclosure (“Online Banking Agreement” or “Agreement”) of The Bank of Milan governs your use of and states the terms and conditions that apply to Online Banking (“Online Banking”) and all other services you may elect to receive that are provided in connection with Online Banking. By subscribing to Online Banking or using Online Banking, you agree that you have complied with the online instructions in accessing Online Banking, and that you will be bound by the terms of this Agreement. Please read this Agreement carefully and keep a copy for your records.
Each time you access an account through Online Banking, you confirm your agreement with these terms. We reserve the right to amend this agreement or terminate Online Banking at any time.
All Online Banking Services are governed by this Agreement, as well as, applicable Federal Regulatory disclosures and the Deposit Agreement. These services may be accessible from a mobile device, and would require you have internet access or data availability. You agree that you are responsible for all telephone or wireless carrier data charges or fees incurred by you in accessing these services.
Online Banking. This Agreement applies when accessing your accounts through the Internet. You can check the balance in your designated Bank of Milan accounts (the “Accounts”), transfer funds between eligible accounts, reorder checks online, pay bills via Bill Pay, and make payments to your Bank of Milan loans.
Definitions. In this Agreement, “you”, “your”, or “user” refers to any person(s) subscribing to or using Online Banking; “we”, “us”, “our”, “the Bank”, and “Bank” refers to The Bank of Milan and any agent, independent contractor, designee, or assignee The Bank of Milan may, in its sole and absolute discretion, involve in the provision of Online Banking.
"Account" and/or "accounts" means all records of accounts on our files on which you are identified as a primary or joint owner, including your deposit accounts, loan accounts and any other of your accounts to be accessed using Online Banking. You may exclude or prevent access to any of your Accounts using Online Bankings.
"Online Banking" means our service that allows you to access accounts, view transactions, make transfers, make payments, view electronic statements/notices (eStatements), obtain account information, and/or perform other transactions over the internet (including transfers, Bill Pay, and alerts), by use of a computer, cell phone, tablet, or other mobile device, and/or other means which we authorize or allow. Your use of the Mobile App utilizing the same login account credentials as provided by the Bank for Online Banking is an extension of this authorization leveraging a different viewing platform.
“Business Day” means Monday through Friday, excluding holidays. Our Online Banking services are generally available twenty-four (24) hours a day, seven (7) days a week with specific transactional time cutoffs specified for various services.
Systems Requirements. To use The Bank of Milan Online Banking, you must have Internet access. Your system should be set up with 128-bit encryption. Supported browsers include the latest version of Microsoft Edge and current versions of Firefox, Safari (Apple/Mac Users Only), and Google Chrome. The immediate prior versions of these browsers will only be supported if they are still supported by the browser company themselves. Please note that utilizing older browsers may result in disabled functionality or limited access to services. It is not recommended to use Compatibility view with Internet Explorer, as the user experience is degraded. If you use Microsoft Money or Intuit Quicken, system requirements are included with the software package.
The supported browsers above are for use with the traditional online banking interface and devices (desktop/laptop) and do not apply to use with mobile devices (phones/tablets). If using a phone or tablet to access online banking outside of our mobile app, functionality and appearance may vary from the traditional online banking interface.
If you are using a Mobile device (phone/tablet), you may download our mobile banking app via the App Store (Apple devices) or Google Play Store (Android devices).
Your Access ID and Password.
To access Online Banking, you will be issued an Online Banking Access ID and a temporary password. You will be required to change your password the first time you sign on to Online Banking, and you may change it at any time thereafter. You are responsible for keeping your Online Banking Access ID, password, and account information confidential. You are responsible for all transactions that you or an authorized user makes. You authorize us to follow any instructions entered through Online Banking using your Access ID and Password. Your Access ID can be given an alias for ease of use but the Access ID remains unchanged even with an alias.
You agree not to share your Access ID or password; however, if you share your Access ID and password and want to change their authority, you must change your Access ID and password or take additional steps to prevent further access by such person. If your Online Banking Access ID or password has been compromised, you should contact the Bank immediately.
You agree to protect your Online Banking Access ID and password and to hold the Bank harmless of any unauthorized use. WE STRONGLY SUGGEST THAT YOU DO NOT SHARE YOUR PASSWORD AND ID OR DELEGATE AUTHORITY OVER YOUR ACCOUNT TO ANYONE WHO IS NOT AN AUTHORIZED SIGNER FOR YOUR ACCOUNT. ANYONE HAVING ACCESS TO YOUR ONLINE BANKING ACCESS ID AND PASSWORD WILL HAVE FULL ACCESS TO YOUR ACCOUNTS.
If you contact the Bank, we recommend you doing so via secured message within Online Banking or in the mobile app. Should you be forced to utilize e-mail, please provide us only with a brief description of the problem. DO NOT include your account number or social security number for security reasons. You understand that the Bank will never request your Access ID or Password for Online Banking, and any attempt at gathering such information should be considered by you as suspect.
Joint Subscribers. Except as otherwise provided in this Agreement, where two or more persons subscribe to Online Banking for their joint Account, both persons must establish an Online Banking Access ID and password. Should both persons have access to their joint Account, we are entitled to rely and act upon instructions from any one such subscriber. Any Account requiring more than one signature for withdrawals will be allowed access to view balances only.
Bill Pay Terms. Bill pay services offered by The Bank of Milan may be used to pay any bill that involves mailing a check. This excludes alimony payments, child support payments, any other court directed payments, or tax payments. Features include:
- Schedule bill payments (next payment date) at least five business days before the due date, not including any grace period. A “Business Day” shall mean Monday through Friday, excluding Federal Banking Holidays.
- Account information, payment amount, payee name, and address must be entered correctly.
- Your account will be debited on the date payment clears. The funds must be in your account and available for withdrawal at that time. If funds are not available for withdrawal as directed, the Bank may revoke your bill payment service.
- You must schedule payments long enough in advance of the date you want the payment to be received by the payee to allow for the payment to be sent through the United States Postal Service. Payments may be issued electronically to the payee or in the form of a check and will be received by the payee when delivered by ACH or by the USPS. The bank has no authority or control over delivery times. It is recommended that you allow at least 5 business days between the date you specify for the payment to be made and the due date, not counting any grace period.
- You must be careful when selecting the account from which the payment is to be made and when inputting the payee’s name and address, as the Bank will not check for accuracy.
- Prior to Online Banking being terminated, the authorized user must delete all recurring bill payments. Failure to do so may result in the continuation of the scheduled payments.
You agree not to use the Bank’s Bill Payment service for payments made to or through a federal, state or local court or agency (fines, taxes, fees, etc.) These payees are often not equipped to properly handle payments not accompanied by coupon or similar device. You also understand that the Bank has no obligation to monitor your compliance with this requirement and is not liable for any payments to these payees which are not processed timely or properly.
To stop a bill payment originated in Internet Banking, you must contact technical support for assistance at 731-686-2255. Fees apply.
Our Liability for Failure to Complete Transactions.
- Transfers: We will process and complete all transfers (to and from eligible accounts) properly initiated through Online Banking in accordance with the online instructions provided within The Bank of Milan Online and the terms of this Agreement. If we do not complete a transfer to or from your account on time or in the correct amount in accordance with online instructions provided with Banking Online and under the terms of this Agreement, our liability for your losses and damages will be limited to those directly and proximately caused by our failure, not to include indirect, consequential, special or exemplary damages.
- Payments: We will process and complete all payments (via Bill Pay) properly initiated through Online Banking in accordance with the online instructions provided within The Bank of Milan Online and the terms of this Agreement. If we do not complete a payment from your account to the specified entity on time or in the correct amount in accordance with the online instructions provided with Banking Online and under the terms of this Agreement, our liability for your losses and damages will be limited to those directly and proximately caused by our failure, not to include indirect, consequential, special or exemplary damages.
Additionally, for both transfers and payments, we will not be liable if:
- Through no fault of ours, you do not have enough money in your account to make the transfer/payment, or the money in your account is subject to legal process or other encumbrance restricting such transfer.
- Online Banking is not working properly, and you knew about the malfunction when you started the transfer or payment.
- Circumstances beyond our control (such as fire, flood, other natural disasters, or delay in the U. S. Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances.
- A payment was not scheduled in the specified time period of 5 business days prior to the due date, not including any grace period.
- The payee name, address, payment amount, or account information provided for payment was submitted with errors.
- There may be other exceptions not specifically mentioned.
Limits on Transfers. You must have enough available funds in any account from which you instruct us to make a payment or transfer. If the date you schedule a payment to be made is a holiday, funds must be available in your account the next Business Day. Scheduled payments that fall over a weekend will be processed on Monday evening or the next business day. If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then: (1) Electronic fund transfers involving currency disbursements, like ATM withdrawals, will have priority, (2) Electronic fund transfers initiated through Online Banking which would result in an overdraft of your account may, at our discretion, be cancelled, and (3) In the event that electronic fund transfers initiated through Online Banking which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account. If any of your accounts are savings accounts, certain withdrawal restrictions apply (see account disclosures). You may make only two (2) transfers (of any kind) from your savings account per cycle without being charged. A fee of $2.00 will be imposed for each withdrawal/transfer over two. You may make unlimited deposits without fees. Please refer to your initial account disclosures for more information on applicable transaction limits. If a hold has been placed upon deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. Transfers initiated through Online Banking before 7:00 p.m. Central Standard Time on a business day are posted to your account the same day. Transfers completed after 7:00 p.m. Central Standard Time on a business day, Saturday, Sunday or banking holiday will be posted on the next business day. Online Banking identifies a transfer based upon the Access ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the Transfer and Bill Payment History screens will not reflect transfers made by multiple users from the same account if different Access IDs are used. You agree to communicate to any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts, in order to avoid overdrafts.
Statements. Payments on your Bank of Milan loans, Bill Pay transactions, and funds transferred between your accounts through Online Banking will appear on your monthly account statement(s). In addition to the transaction date, the transfer and payment amounts will be shown for each transaction initiated through Online Banking. You agree that we may make your statement available to you online instead of by mail if we so choose. If we provide your statement online, you may request a paper statement by calling our Bookkeeping Department at 731-686-2255, fees may apply.
Fees. There are no monthly fees associated with The Bank of Milan Online. Your checking and/or savings account fees are listed in the fee schedule of your Depositor Agreement, as modified from time to time. We will notify you in advance of any fee changes.
Equipment. Except as provided herein, we are not responsible for any loss, damage or injury whatsoever resulting from (a) an interruption in your electrical power, telephone or cable service or mobile device signal; (b) the disconnecting of your internet or your telephone line by your local telephone company or for deficiencies in your line or internet quality; (c) the disconnecting of your cable service by your local cable provider or for deficiencies in your line quality; or (d) any defect or malfunction of your PC, modem, mobile device, telephone or cable line. We are not responsible for any services relating to your device(s) other than those specified in this Agreement.
Mobile Banking Service. If you so choose to access your Online Banking account via the Mobile Banking Service, you may do so using your wireless device. Not all features of Online Banking are available in Mobile Banking. For mobile devices in which a biometric password can be set up, please know that all biometric profiles saved on the device will be able to log into the Mobile Banking Service. By saving various biometric profiles on your mobile device, you are authorizing each profile as an authorized user of your Online Banking account.
Notice of Your Rights and Liabilities. Tell us AT ONCE if you believe your Access ID and/or Password have been lost, stolen, or compromised.
If you believe your Access ID and/or Password have been lost, stolen or compromised, call us immediately at:
The Bank of Milan Online Customer Service at 731-686-2255.
Or write to:
The Bank of Milan Online Customer Service
P. O. Box 410
Milan, TN 38358
Error Resolution and Questions. In case of errors or questions about your electronic transfers or payments, call or write us at the telephone number or address listed above as soon as you can, if you think your statement is wrong or if you need more information about a transfer or payment listed on your statement. We must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error and why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5 business days if involving a Visa® transaction or 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If the bank decides to do this, the Bank will provisionally credit the user’s account within 10 business days (5 business days if involving a Visa® transaction or 20 business days if the transfer involved a new account) for the amount the User believes is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may reverse the provisional credit. If we determine there was no error and we provided you with provisional credit, this credit will be reversed. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.
We will tell you the results within 3 business days after completing our investigation. If we decide 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.
Your use of the Bank’s EFT services is subject to this Disclosure and Agreement, the Bank’s terms and conditions for deposit accounts and all other terms and conditions applicable to your accounts, including any future changes the Bank makes to those agreements. If there is a conflict between the terms of this Disclosure and Agreement and the other agreement, the terms in this Disclosure and Agreement will prevail.
When you give someone your Credentials or when you save their biometric profile on your mobile device with the biometric login on Mobile Banking enabled, you are authorizing that person to use Online Banking and you are responsible for all transactions that person performs while using your Service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, sign-off after every use of Online Banking and close your browser, window, or session to ensure confidentiality. We do not recommend saving your login credentials on any device.
Disclosure of Account Information to Third Parties. We will disclose information to third parties about your Accounts or the transactions you make:
- Where it is necessary for completing a transaction; or
- In order to verify the existence and condition of your Accounts to a third party, such as a credit bureau or merchant; or
- In order to comply with a governmental agency or court orders; or
- If you give us your written permission; or
- To our affiliates or for purposes of offering or providing you other products or services.
Authorization to Obtain Information. You agree that we may obtain and review your credit report from an authorized credit bureau.
Termination. You may terminate your use of Online Banking at any time by calling The Bank of Milan at 731-686-2255, or write to The Bank of Milan Online Customer Service, P. O. Box 410, Milan, TN 38358. You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated. We may require that you put your request in writing. We will confirm your termination by mail.
We may terminate your use of Online Banking, in whole or in part, at any time without prior notice. Your access to Online Banking will be terminated automatically if your Accounts are closed or access to your Accounts is restricted for any reason. Termination will not affect your liability or obligations under this Agreement for transactions we have processed on your behalf.
Limitation of Liability. Except as otherwise provided in this Agreement, we are not responsible for any loss, injury or damage, whether direct, indirect, special or consequential, including, without limitation, lost profits or attorney's fees, caused by Online Banking or the use thereof, even if we are advised of the possibility of such damages.
Software. The software programs providing Online Banking are provided “as is.” We disclaim all warranties whatsoever concerning the software, specifically including, without limitation, any warranty of fitness for a particular use or warranty of merchantability. The software contains trade secrets. You may not modify, translate, reverse engineer, decompile, disassemble, or otherwise reduce the software to human perceivable form. You may not create derivative works based on the software or remove any proprietary notices, labels, or marks on the software or accompanying documentation.
Entire Agreement. This Agreement is the complete and exclusive agreement between you and us related to Online Banking and supplements the Depositor Agreement related to your Accounts. In the event of conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, regardless of where you use Online Banking or any other state's conflict of laws or provisions.
Amendments. We may amend or change any of the terms and conditions of this Agreement under the same terms and conditions as we may make changes to the Depositor Agreement governing your accounts.
Severability. The same severability provisions which are set forth in the Bank's Depositor Agreement shall also apply to this Agreement.