Personal Internet Banking Services Agreement
Welcome to FirstMerit's Internet Banking service. The following agreement governs
your use of FirstMerit's Internet 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
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 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. 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 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 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.
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.
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
You may terminate use of Internet 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 Internet 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 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
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 Internet Banking services and to convert your
account to another type of account with similar features.
The following fees will be applicable to Internet 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 or our fee
schedule, 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 web site, will be as stated in our fee schedule, as amended from time to
You agree to pay the applicable fees and charges for 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. 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 Web site 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
Internet 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 Federal Reserve Board. 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 Internet 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
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
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 Internet 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, 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 Internet 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 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. 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
- 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 in such cases, however, 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 Web site 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 Web site. You can review the most current
version of these terms by clicking on the "Internet 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 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.
12. Copyright Information
The content of the FirstMerit Web site is for your personal 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 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.
13. 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.
14. 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 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 Internet 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
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.
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
17. 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.
18. 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 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
19. 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.
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.