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Business Banking
Internet Banking Services Agreement

1. Introduction
Welcome to FirstMerit's Business Internet banking service. The following agreement governs your use of FirstMerit's Business Internet banking service. For purposes of this agreement "you" or "your" means the person to whom the Business Internet user name and password were issued. You will be issued a single user name and password for accessing the accounts of your business. You are responsible for keeping it confidential.


Please review these terms carefully. In addition to traditional paper based communications, by signing up or using FirstMerit's Internet Banking service, you agree to transact with and receive notices from FirstMerit electronically (see the Consent for Electronic Communications) and you consent to the information practices disclosed in FirstMerit's Privacy and Security Principles. You may also 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 and Bill Pay
You may transfer funds between the FirstMerit 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. For purposes of this agreement, a banking day is Monday through Friday, excluding legal holidays on which the bank is closed. If made on a non-banking day, 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. 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.

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.

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.

3. Termination
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 Internet 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 Internet banking services at any time by calling us at 1-888-283-2303 or writing to us at:

FirstMerit Bank N.A.
Internet Banking Dept. - OPC 849
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.

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 Business Internet 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 Internet Banking service electronically (collectively, "Notices"). You agree that FirstMerit can send you Notices to (1) the e-mail address that you provided to FirstMerit during registration or (2) by posting the Notice on the Web site 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 Browser 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 "Internet 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 at 1-888-283-2303. 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 1-888-283-2303. However, if you elect to withdraw consent, FirstMerit reserves the right to discontinue your access to the Internet Banking services and to convert your account to another type of account with similar features.

5. Fees
The following fees will be applicable to Business Internet Banking:
  • Viewing account information - no charge.
  • Download to Quickbooks – free unlimited for all accounts.
  • Transfers of funds between deposit accounts - will be subject to any fees applicable to withdrawals from your account as stated in your account disclosures or our fee schedule, as amended from time to time.
  • All other services - fees for any other service made available or requested by you via
    this Web site, will be as stated in our fee schedule, as amended from time to time.
  • Use of the Bill Pay Feature is free.
  • Payment Transfer - no charge.
  • You agree to pay the applicable fees and charges for the Internet 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. The 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.

7. Statements
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.

8. Security Procedures
Any transfers of funds you complete using your User Name and Password combination over the Internet Banking Web site are subject to these procedures. Only the person who has been assigned a User Name and Password will be entitled to inquire about Internet based transactions or make maintenance changes to your Internet access. By signing the enrollment agreement and using the Internet Banking Service, you agree that these security procedures are commercially reasonable. You assume liability for all transactions affecting your account that are completed using these security procedures.

In order to access FirstMerit's Business Internet Banking Service, you will be required to complete and sign an Internet Banking Services Enrollment Form. You must be authorized to transact business on behalf of the entity you represent. This must be verified as part of the enrollment process.

As a part of the enrollment process you will select a User Name and Password that will enable you to access FirstMerit's Internet Banking site. You will then be required to select a new Password the first time you log in to the site, as well as enroll in two-factor authentication.

You may change your Password at any time. It is recommended that you do so frequently. No representative from FirstMerit will ever ask for your Password. You should tell us at once if you believe your Internet Banking Password has been lost or stolen.

If you wish to assign Internet access to your entity's accounts to a different person, that person will be required to complete the enrollment process for Internet access. Your entity can not have more than one User Name and Password assigned to it at any one time.

By signing the Internet Banking Services enrollment form and using the system, you agree to be bound by these security procedures. You also agree that any transactions completed pursuant to these security procedures will be deemed to have been completed by you and will therefore be considered to have been completed by, and obligations of, the entity that owns the accounts subject to this Internet access.

If your statement shows transfers that you did not make, tell us at once. If you believe your password has been lost or stolen, or that someone has transferred money from your account without your permission, call 1-888-283-2303 or write to:

FirstMerit Bank, NA
Internet Banking Dept. - OPC 849
295 FirstMerit Circle
Akron, Ohio 44307-2359

Telephoning is the best way of keeping your possible losses down. For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.

You may use your Internet banking User Name and Password to transfer funds between your savings and checking accounts, 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 Name 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 Internet Banking Services Agreement).
  • Any other limitations set forth in the separate Terms and Conditions for our online Bill Pay service.
  • We may charge for certain types of transfers, as shown in our fee schedule 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.
  • Some transaction types (e.g., FirstMerit loan payments that payoff the loan) may not be accepted.

9. Applicable Law
Your use of the FirstMerit Web site is subject to and governed by all applicable federal laws and any applicable laws of the state where you opened your account.

10. Modifications
This agreement may be amended from time to time. Such modifications will be made by amending this agreement as posted on this Web site. You can review the most current version of these terms by clicking on the "Business Internet Banking Services Agreement" 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 Web site and Internet 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 Internet 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.

11. Copyright Information
The content of the FirstMerit Web site is for your use only. All logos, service marks, trade names and trademarks contained within this site are the sole property of FirstMerit Corporation. Use of such trademarks without the express written permission of FirstMerit Corporation is prohibited. Use of any third party logos, trademarks, etc. that appear on this site is also prohibited without the consent of the owner of any such items.

All of the content on the FirstMerit Web site is protected by copyright. Its use for any commercial purpose or other public purpose is strictly prohibited and could be punishable by law.

12. Limitations on Liability - Third Parties
FirstMerit does not warrant or endorse the accuracy, reliability, or quality of the content of any information or advertisement on or linked to or from FirstMerit's Web site or any offer or purchase made from FirstMerit's Web site from any third party, or from any site linked to or from FirstMerit's Web site, except as may be noted in conjunction with any such item.

13. Your User ID and Password
You will select a user name and password when you sign on to use FirstMerit's Internet banking service for the first time. Access to your account information and the ability to complete transactions on your accounts 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 accounts if you give access to your account information to other persons. Information which you supply to others, including but not limited to third party aggregation services, is disclosed solely at your own risk. 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 Internet banking service.

Please note that FirstMerit will never ask you for your Password. See Section 8 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.

14. Equipment
FIRSTMERIT DOES NOT GUARANTEE (a) THAT YOU WILL BE ABLE TO ACCESS OR USE THE FIRSTMERIT INTERNET 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 Internet banking service.

15. Access
You must provide at your own expense the equipment and Internet connections that you will need to access and use FirstMerit's Internet 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.

16. 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.

17. 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. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER 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.

18. Bill Pay Service
The use of the Bill Pay service available on the FirstMerit Internet banking site is governed both by this agreement and by a separate Bill Pay agreement as well as all other account terms and conditions.

19. Assignability
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.

20. Severability
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.

21. Waiver
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.

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