Website Usage Policy and
Online and Mobile Banking Agreement
I. Website Usage Policy
Sterling Bank and Trust, FSB ("Sterling Bank," "we," "us," "our") requires that all the visitors to our website(s) on the internet (www.sterlingbank.com) adhere to the following rules and regulations. By accessing the website you indicate your acknowledgment and acceptance of these terms and conditions. We maintain this website to provide you with 24 hour information about our products and services and to ease communication with us. Your access to and use of the website are subject to these terms and conditions, which may be revised from time to time, and all applicable laws and regulations.
Copyright in the website pages, text and images appearing in this website are owned by us or others as indicated. The information and materials may not be copied, displayed, distributed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, without our express written permission.
Not all of the products or services described on the website are available in all geographic areas. You may not be eligible for all the products or services described. We reserve the right to determine your eligibility for any product or service.
Investment products and services (i) are not bank deposits and are not insured by the FDIC, (ii) are not guaranteed by Sterling Bank, and (iii) are subject to substantial risk, including the possible loss of some or all of the principal investment.
The information contained in the website is not intended to provide legal, financial, tax or accounting advice to any person. Anyone visiting this website should consult with their own legal counsel or accounting or financial advisor before using the information available on the website.
We will use our best efforts to include accurate and up to date information on this website, but we make no warranties or representations as to the accuracy of the information. Specific product offers, and rates, terms and other information provided here are subject to change without notice.
You agree that all access and use of this website and its contents is at your own risk. By using this website, you acknowledge that we specifically disclaim any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with your access to or use of this website, including liability associated with any viruses which may infect a user's computer equipment. With regard to services or products purchased or obtained by you from a non-Sterling Bank person or entity, we makes no warranty of merchantability or warranty of fitness for a particular purpose with regard to such services and products and we specifically disclaim all other warranties with regard to said services and products. You agree that your use of this site shall be governed by all applicable Federal laws and the laws of the state of Michigan.
Links to other websites, and references to other products, services or publications do not imply any endorsement by us of such products, services, or publications. Quickbooks® and Quicken® are trademarks and service marks of Intuit Inc., registered in the United States and other countries. iPhone®, iPodtouch®, and iPad® are registered trademarks of Apple Inc. Android™ is a trademark of Google Inc. Google Play™ is a trademark of Google Inc. BlackBerry® and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world.
II. Online and Mobile Banking Agreement
Services. This Online and Mobile Banking Agreement (the "Agreement") governs your use of the Online Banking, Online Bill Pay, and Mobile Banking services, including Sterling ePay™ and Sterling eDeposit™ (collectively, the "Services," and individually, each a "Service") offered by Sterling Bank and Trust, F.S.B (the "Bank"). These Services permit you to perform a number of banking functions through the use of a computer and/or mobile device (as detailed below) on your account(s) linked to the Services (hereinafter the "Linked Account(s)"), including but not limited to:
- Check your balances;
- Make transfers;
- Look up transactions;
- Locate a branch or ATM;
- Change your PIN;
- Pay your bills;
- Make deposits;
- Receive alerts you set up in Online Banking; and
- Contact us.
Service Terms. Your use of the Services is governed by this Agreement as well as any other agreement between you and the Bank, including but not limited to the Terms and Conditions of Your Deposit Account. You acknowledge and agree that the Services or any portion of the Services may be provided by one or more subcontractors. You acknowledge that the Bank may change Service capabilities without advance notice; that you are responsible for the accuracy of all information you input; that you will comply with any instructions or conditions for use of the Services as set forth within each Service; and that the Services are meant as aids to assist you with managing your Linked Account(s) and are not intended to provide legal, tax, or financial advice. Additionally, you acknowledge that the Bank has the right to deny, suspend, or revoke access to the Services, in whole or in part, in its sole discretion and without notice, for reasons including but not limited to if the Bank believes you are in breach of this Agreement or are otherwise using the Services inconsistent with the terms and conditions hereof. The Bank will report your Services transactions on the monthly statements for your Linked Account(s). A description of each transaction, including whom you paid, and the date and amount of the transaction, will appear on your statement.
Definitions. The terms "we", "us," "our," "Sterling" and "Bank" refer to Sterling Bank & Trust, FSB. The terms "you" and "your" refer to each person entitled to use any of the Linked Accounts according to such person(s') existing agreements with the Bank, as well as any person authorized by you to use the Services. Additional defined terms are defined at their first usage herein and/or identified on Addendum A.
Acceptance and Authority. When you use the Services, or authorize anyone else to use the Services in connection with your Linked Account(s), you and the people you so authorize agree to the terms and conditions of this Agreement. You authorize the Bank to withdraw, debit, or charge the necessary funds from your designated Linked Account(s) to complete your designated transfers and payments.
Requirements. To utilize the Services, you must have one or more Bank accounts, a log-in identification, password, Required Enhanced Security Information, and an email address. Enrollment in Online Banking is a prerequisite to use of Online Bill Pay, Mobile Banking, Sterling ePay™ and Sterling eDeposit™. To utilize Sterling eDeposit™, you must have one of the following phone makes and operating systems: (i) Apple iPhone® with an Operating System of 5.0 or higher; (ii) Android™ Based with an Operating System of 2.1.1 or higher, or (iii) Blackberry® models w/3.2 MP auto-focus camera, Blackberry OS 5 or higher. Image quality of the Items must comply with requirements as established by Bank or applicable law and regulatory agencies.
Electronic Notifications. Electronic notifications are voluntary and must be activated by you. Notifications will be sent to the e-mail address or mobile phone you provided during enrollment for Online Banking. You are responsible for keeping your e-mail address and/or your mobile phone number up to date and for notifying us of any changes. You understand and agree that electronic notifications may be delayed or prevented by a variety of factors. We do our best to provide electronic notifications in a timely manner with accurate information. We neither guarantee the delivery or the accuracy of any electronic notification contents. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any electronic notifications; for any errors in the content of an electronic notification; or for any actions taken or not taken by you or any third party in reliance of an electronic notification. Electronic notifications are not encrypted; however, we will never include your nonpublic personally identifying information such as Access ID or PIN in conjunction with security information (password, PIN or Mobile Banking one-time password). Electronic notifications may include your name and some information about your accounts. Depending upon which notifications you select, information such as your account balance or the due date for your loan payment may be included. Anyone with access to your e-mail or text messages will be able to view the contents of electronic notifications.
Accessibility. You can usually access your Linked Account(s) through the Services seven (7) days a week, 24 hours a day. However, at certain times, some or all of the Services may not be available due to system maintenance or reasons beyond Bank's control. Bank specifically does not warrant that the Services will be available at all times. During these times when Services are not available, you may use a Bank branch to conduct your transaction, or use the Bank's ATMs or telephone banking service, assuming you have applied for and been accepted to utilize such services. Disclosure of information to third parties. You authorize Bank to disclose to third parties information you have provided or that we have obtained about your Linked Account(s) and the transfers you make:
- To provide the Services relating to your Linked Account(s); or
- To comply with laws, regulations, government agency or court orders or requests; or
- Where it is necessary for completing transfers or wires; or
- If you otherwise give us your written permission.
Security. As noted above, under "Requirements," you will have a log-in, password, Required Enhanced Security Information, and a numerical PIN (collectively, your "Access Information") for your enrolled Linked Account(s) to utilize the Services. You agree not to give or make available to any unauthorized individuals your Access Information or other means to access your Linked Account(s). You are responsible for all payments you authorize using the Services. If you permit other persons to use your Access Information to access your Linked Account(s), you are responsible for any transactions they authorize.
Sterling ePay™. You may use the Bank's bill paying service, Sterling ePay™ to make payments from your Linked Account(s) to the payees you choose in accordance with this Agreement (the "Payees"). By providing the Bank with correct names, addresses, and account information of Payees to whom you wish to direct payments (either periodically or on a recurring basis), your account number with said Payees, as well as any other information we require (the "Payment Instruction"), you authorize the Bank to debit your Linked Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You agree to maintain a sufficient account balance on any Processing Date to cover the transfer(s) requested. Transactions begin processing on the Processing Date, which is prior to your Scheduled Payment Date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Banking Day. If the actual Due Date falls on a non- Banking Day, you must select a Scheduled Payment Date that is at least one (1) Banking Day before the actual Due Date. The Bank reserves the right to refuse the designation of a Payee for any reason. Payments to Payees outside of the United States or its territories are prohibited. The Bank will debit your Linked Account on the Processing Date. You agree to allow the number of days to process as indicated by the Processing Date for each Payment Instruction. We reserve the right, without liability, to reverse a bill payment if you fail to comply with any requirement in this Agreement. Bill payments are processed either through an electronic transmission to the Payee or by an electronic withdrawal from your Linked Account followed by us mailing a paper check to the Payee. Payees who receive electronic delivery of payment will do so through a secure network. All paper checks are sent through U.S. Mail, unless you designate a requested transaction as a "rush payment." In such case, the funds will not be debited from your Linked Account until the check has been presented for payment. This means the balance shown for your Linked Account will not reflect the deduction of these items even though the check has been mailed. You acknowledge your understanding of this and agree to keep this in mind when checking to see if you have available funds to make a Bill Payment. The Service will calculate the estimated arrival date of your payment. This is only an estimate--please allow ample time for your payments to reach your Payees and do not rely on times estimated. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. Once the Bank has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted. See the Terms and Conditions of Your Deposit Account Agreement for more information on stopping payments.
Service Fees and Additional Charges. The use of the Services is provided by the Bank at no cost to you. Certain fees will be applicable for optional services, such as same day check payment, rush check payment, electronic check payment, gift checks, or charitable donation (the "Fee Services") within Sterling ePay™. You agree to pay for these Fee Services, which are scheduled at your request, and authorize the Bank to deduct the calculated amount from your designated Linked Account(s) for these amounts and any additional charges that may be incurred by you. Prior to consummating any Fee Service, you will be notified of the current cost and prompted to accept the charges or cancel the process. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your providers.
Overdrafts. If there are insufficient funds in your Linked Account(s) to make a Scheduled Payment, the transaction may not be completed and we may charge a fee. Additionally, we may make the Scheduled Payment even though the charge creates an overdraft. You agree to immediately pay us the overdrawn amount plus any applicable fees for non-sufficient funds. By using Sterling ePay™, you agree that we have the right to collect funds from any of your Linked Accounts to recover funds for all payments that have been requested to be paid by you. The Bank is under no obligation to inform you if it does not complete a payment or transfer because there are non-sufficient funds or credit in your Linked Account to process the transaction. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer within the Services.
Sterling eDeposit™ In using Sterling eDeposit™, you authorize Bank to convert Items to IRDs or transmit as an image. You shall be responsible for retaining each Original Item in a safe and secure environment in accordance with applicable laws as in effect from time to time within (60) sixty days after transmittal to Bank and receipt of a confirmation from Bank that the image of the Item has been received at which time you shall shred or otherwise destroy all Original Items. You will promptly (but in any event within 5 Banking Days) provide any retained Original Item to Bank as requested to aid in the clearing and collection process to resolve claims by third parties with respect to any item or as Bank otherwise deems necessary. Items may be transmitted for electronic processing by other banks or converted to IRDs and transmitted to a printing facility for printing and clearing through traditional paper processing channels, at Bank's sole discretion. The IRDs will be created in accordance with Check 21; alternatively, Bank may process Items as photocopies in lieu of originals, under guidelines established by applicable industry standards. Items that fail to meet the requirements of the Bank or Check 21, or that are otherwise not able to be processed may be charged back to your account and/or returned. Images of Items transmitted by you are not considered received by Bank until you have received an electronic confirmation of the receipt of the deposit from Bank. However, receipt of the confirmation from Bank does not mean that the transmission was error free or complete. Items received by Bank by 4:00 p.m. Pacific Standard Time ("PST") Monday through Friday, shall be credited to your Linked Account on the same Banking Day. Items received by Bank after 4:00 p.m. PST on any Banking Day shall be credited to your Linked Account on the next successive Banking Day. You understand and agree that funds from Items deposited under the terms of this Agreement are not subject to Bank's Funds Availability Policy and will generally be available after processed and once funds are received.
Liability and Disclaimer of Warranties. Bank shall only be liable for its negligent or non-performance of the Services provided by Bank, and its responsibility shall be limited to the exercise of reasonable and ordinary care. Unless otherwise required by law, Bank shall not be liable for any error, delay, act, or omission of any third party. Bank shall not be liable for failure to perform under this Agreement if such failure is due to conditions beyond our reasonable control, such as war, emergencies, acts of God, natural disasters, fire, earthquake or failure of power or communication methods. Bank shall not be liable for software defects in third party software not developed by or licensed from Bank; a virus, the prevention of which was beyond the reasonable control of Bank, or a third party gaining access to Bank's system and obtaining or altering data, or for failure of another financial institution to act in a timely manner. You understand and agree that except as expressly set forth in this Agreement, Bank does not make and hereby disclaims any warranties and that the warranties in this Agreement are in lieu of all other warranties, express or implied, including any warranties of merchantability, or fitness for a particular purpose.
Unless otherwise required by law: 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, our liability shall be limited to the interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled the instructions. We may pay such interest to you or to the intended recipient of the payment, but we will not be liable to both parties, and payment to one party will discharge any obligation to the other. If we make a payment or transfer in an erroneous amount exceeding the amount per your instructions, our liability will be limited to a refund of the erroneous amount overpaid, plus interest from the date of the payment to the date of the refund, which shall not exceed sixty days' interest. The Bank will never be liable for special indirect, or consequential damages, unless otherwise required by law. The Bank is not liable if you do not have enough money in your Linked Account to make a transfer; if the Bank is directed to prohibit withdrawals from the Linked Account by applicable law or court order; if your Linked Account is closed or if it has been frozen; if the transfer would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; if you, or anyone you permit to utilize the Services, commits any fraud or violates any law or regulation; if any electronic terminal or telecommunication device malfunctions or is otherwise not working properly and/or prevents the utilization of the Services; or if there are postal delays or processing delays by the Biller. We will use our best efforts to make all your bill payments according to your Payment Instructions. However, we will incur no liability if the Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction; if the Payee mishandles or delays a bill payment sent by us; if you have not provided us with correct names, phone numbers, or account information for the Payee; if you have not properly followed the instructions for the Service; if your operating system, internet, computer, or other equipment is not properly installed or operating; for failure to provide access or for interruptions in access due to system failure.
Your Warranty. You represent and warrant to Bank: (A) You have the authority to enter into this agreement and perform its obligations hereunder and all information supplied by you to Bank is accurate and true; (B) You and any authorized users will only use the services for lawful purposes and in compliance with all applicable rules and regulations and with Bank's reasonable instructions, rules, policies, specifications, terms and conditions, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party; (C) You have only transmitted acceptable items for deposit and have handled the original items following transmission to Bank as agreed, in accordance with applicable law; (D) You are a person authorized to enforce each item or are authorized to obtain payment of each item on behalf of a person entitled to enforce an item; (E) The Items have not been altered; (F) Each Item bears all applicable endorsements in a restricted format as directed by Bank; (G) (1) The electronic image portion of each item accurately and legibly represents all of the information on the front and back of the original check as of the time the original check was deposited, (2) The information portion of the item contains a record of all applicable MICR-line information required for a substitute check, and (3) The Item conforms to the technical standards for an electronic Item as specified by Bank from time to time; (H) You will submit only one accurate and clear image of the front and back of each Item to Bank only one time; (I) You will not deposit the original Item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper or electronic representation of the original Item) such that the person will be asked to make payment based on an Item it has already paid; (J) The amount of an Item entered by you or any authorized user for transmission to Bank is accurate; and (K) You and any authorized users will not (1) Sell, lease, distribute, license or sublicense the technology or Services; (2) Modify, change, alter, disassemble or decompile the technology or Services in any way for any reason; (3) Provide, disclose, divulge or make available to, or permit use of the technology or Services by, any third party; (4) Copy or reproduce all or any part of the technology or services; (5) Interfere, or attempt to interfere, with the technology or services in any way; (6) Engage in spamming, fraudulent, illegal or unauthorized use of the Services, (7) Introduce or transmit through the technology or Services, without limitation, via any portion of the your computer system that interfaces with the technology or services, or otherwise, any virus, worm, software lock, drop dead device, Trojan-horse routine, trap door, back door, timer, time bomb, clock, counter or other limiting routine, instruction or design or any other codes or instructions that may be used to access, modify, delete, damage, disable or prevent the use of the technology, Services or other computer systems of Bank or its subcontractors; (8) Remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the technology or Services; or (9) Engage in or allow any action involving the technology or Services that is inconsistent with this agreement.
Indemnification. You agree to indemnify Bank for any loss or expense sustained (including interest, costs, attorney's fees and expenses of litigation) resulting from (i) your lack of authority to make the warranties provided herein; and (ii) your breach of the warranties provided for herein.
Governing Law, Venue, Jury Trial Waiver. This Agreement shall be governed by the laws of Michigan and of the United States, and any rule or regulation or a federal agency having jurisdiction over Bank. Any action involving any transaction under or related to this Agreement shall be brought only in the state or federal court in Michigan.
Termination. The Services remain in effect until they are terminated by you or the Bank. You may cancel your use of the Services at any time by notifying us of your intent to cancel in writing or by calling 1-800-944-BANK (2265). This cancellation applies to your use of the Services and does not close your Linked Account(s). We may terminate the Services or your use of the Services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obligated to do so. Any termination will not affect any obligations arising prior to termination, such as the obligation to process any Items that were processed or in the process of being transmitted or collected prior to the termination date, or any returns of the same. If you close your Linked Account or if it is no longer enrolled in the Services, any unprocessed payments will be canceled
Errors, Discrepancies, or Questions. Contact us at 1-800-944-BANK (2265).
Entire Agreement. This Agreement and all amendments, exhibits and attachments embody the entire agreement between you and Bank regarding the Services covered under this Agreement. It supersedes all proposals and prior agreements and all oral discussions relating to the subjects covered in this Agreement. There are no unwritten oral agreements between you and Bank.
Authorized User means you or any person authorized by you to use the Services, whom you so authorized by providing your access identification number or password.
Banking Day means any day which Bank is open to conduct substantially all of its banking services, but shall not include Saturday, Sunday or bank holidays.
Billing Account is the checking account from which all Service fees will be automatically debited.
Capture Device means any device acceptable to Bank, which provides for the capture of images from original Items and for transmission through a clearing process.
Check means an Original Check, as defined in Regulation CC and Check 21 and does not include a Substitute Check or a remotely created check.
Check 21 means the Check Clearing for the 21st Century Act, as well as Subpart D of Federal Reserve Board Regulation CC, and to the extent applicable, Subpart A.
Due Date is the date reflected on your Payee statement for which the payment is due.
IRD or Image Replacement Document means (a) a Substitute Check as defined in Check 21; or (b) the paper reproduction that will be created when an Item cannot be converted to an Electronic Transaction.
Item means a Check, money order, cashier's check, official check, U.S. Treasury check, or any other payment instrument drawn on or payable through an Office of a United States financial institution from a Payor to You, in addition to other required information as specified by Bank, it is understood that you will only be transmitting electronic images of the front and back of Items and not any paper Items. In order for an item to be processed for deposit, it must be restrictively endorsed in the proper location on the back of the Item with the following words: "Account #___________", with the correct account number inserted and signed by payee.
Payee is the person or entity to which you wish a bill payment to be directed or is the person or entity from whom you receive electronic bills.
Payment Account is the checking account from which your bill payments will be debited.
Payment Instruction is the information provided by you to the Service for a bill payment to be made to the Payee (for example, Payee name, account number, and Scheduled Payment Date).
Payor means consumers or businesses who make payments to you by means of Items.
Processing Date is the Banking Day your Payment Account is debited.
Scheduled Payment is a payment that has been scheduled through the Service but has not yet begun processing.
Scheduled Payment Date is the day you want your Payee to receive payment, unless the Scheduled Payment Date falls on a non-Banking Day, in which case it will be considered to be the previous Banking Day.
Technology means Bank's or its subcontractor's deposit capture applications and processes designed to facilitate the electronic clearing of Items. Said applications are accessed through Capture Devices, utilizing software and hardware provided by or acceptable to Bank, and are proprietary access points to payment processing networks and systems used to complete the clearing of Items. Technology may include but is not limited to service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by Bank or its subcontractors and used in the provision of Services hereunder. Any software provided by Bank or its subcontractors pursuant to the Services shall be considered Software.
Term shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein.