This Section A applies to customers accessing either personal or Business Accounts.
Any fees that you will be charged for accessing Eligible Accounts through the Online Banking Service will be based on whether you have enrolled in Online Banking Services as a Consumer or as a Business Customer regardless of whether you are accessing Personal or Business Accounts. Fees are disclosed in our Service Charge Disclosure. You agree to pay promptly all fees and charges for the Online Banking Services and authorize us to charge the Billing Account or, if there are insufficient funds in the Billing Account, any other Mercantile account for the fees. You are responsible for web access and/or data or text message charges that may be billed by your mobile carrier or related service provider. You agree that we may charge any account you have with Mercantile for the amount of any outstanding charges you owe. Additionally, if you close all Mercantile accounts, you must notify us immediately to cancel all the Online Banking Services for which you have enrolled. If you fail to notify us, you will continue to be responsible for any service charges that apply.
- Use of Electronic Mail (e-mail)
Sending a secure e-mail through the Online Banking Services is a way to communicate with the Bank, as required elsewhere in this Agreement. However, there may be times when you need to speak with someone immediately (especially to report a lost or stolen Password, or to stop a payment). In these cases, do not use e-mail. Customers must call us at 1-800-453-8700. Also, it is important to remember that you cannot use e-mail through the Online Banking Service to either transfer funds between accounts or to conduct transactions, such as paying bills.
No Mercantile employee or agent will contact you unsolicited via e-mail or phone requesting your Online Banking PIN/Password/Login ID or any account information. If you are contacted by anyone requesting this information, please contact us immediately at 1-800-453-8700.
- Addition of New Services
Mercantile may, from time to time, introduce new online services. We may notify you of the existence of these new services when they become available and, if you choose to make use of any new service, you agree to be bound by any terms and conditions regarding the new services that we provide to you.
- Cancellation and Reinstatement of Online Banking Services
If you wish to cancel any of the Online Banking Services, you may call us, or send us cancellation instructions in writing to Mercantile Bank, Online Banking Services, 5610 Byron Center Ave SW, Wyoming, MI 49519. If you choose to call us, then please contact us at 1-800-453-8700. In order to reinstate your Online Banking Services, you must call us at the appropriate number as referenced above.
Any Bill Payment(s) already processed before the requested cancellation date will be completed by Online Banking. All Scheduled Payments after the requested cancellation date, including Recurring Payments, will not be processed once Online Banking is cancelled. We may terminate or suspend the Service to you at any time and for any reason. We may terminate the Service to you if you engage in unauthorized transactions or gain unauthorized access to information concerning another individual. We also reserve the right to terminate the Service in the event your service is inactive for a period of 180 days. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
- Transfer and Payments
We may from time to time, limit the number of, the type, and dollar amounts of any checks, drafts, withdrawals, or transfers made by use of our Online Banking Services, notwithstanding the amount in your accounts. Limits on the number of transactions that may be performed on your Mercantile savings or money market accounts are described in the applicable Account Agreement for such accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold is removed. We may, at our discretion, allow your transfers to be paid and create an overdraft on the account. You agree to immediately reimburse us for the amount of the overdraft, and to pay any overdraft charges that may apply to your account, as set forth in your Account Agreement and Disclosures.
You authorize Mercantile to withdraw, debit or charge the necessary funds from your designated Mercantile account on the date on which you schedule any payment to begin processing or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your account(s) at the time of the withdrawal. It is necessary that collected funds be in your account no later than the business day before your Estimated Payment Date, Estimated Arrival Date or your Scheduled Transfer Date due to the electronic processing of payments.
- Communications from Mercantile
We will only send information concerning Online Banking Services to the street address and email address you have designated to us (either in your enrollment or previously in other financial arrangements with Mercantile) as your primary address. This is done as a security procedure to help ensure the confidentiality of your Online Banking relationship.
- Recording of Information and Disclosure to Third Parties
The information and e-mail messages you enter through Online Service may be recorded. We may disclose information about your Eligible Accounts, or the transfers, transactions or payments you perform, to third parties and you hereby authorize those third parties to disclose similar information to us:
- where it is necessary for completing transfers or transactions;
- in order to verify the existence and condition of your account for a third party such as, for example, a credit bureau, a merchant or another financial institution;
- where required by a federal, state, or local law or regulation to do so;
- in response to a subpoena or are ordered by a court to do so;
- in the investigation or prosecution of alleged fraudulent activity concerning your accounts;
- if you give us your permission; or
- Password and Security/Your Liability for Unauthorized Transactions/Errors and Questions
You agree not to give or make available your Password/Login ID or other means to access your account to any unauthorized individuals. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your Password, Secure Access Code, Login ID, and security questions are intended to provide security against unauthorized entry and access to your accounts. You are responsible for all payments you authorize using the Online Banking Services. If you permit other persons to use Online Banking Services or your Password/Login ID or other means to access your account, you are responsible for any transactions they authorize. If you believe that your Password/Login ID or other means to access your account has been lost or stolen or that someone may attempt to use Online Banking Services without your consent or has transferred money without your permission, you must notify us at once by contacting us at 1-800-453-8700.
For Consumers Only: For more information on your rights and obligations concerning unauthorized or erroneous Transactions, please refer to Mercantile's Consumer Electronic Fund Transfers Disclosure ("EFT Statement"), which is an Account Disclosure, provided to you when you opened your deposit account. If you need another EFT Statement, contact us at 1-800-453-8700, or e-mail us at email@example.com.
- Alterations, Amendments and Termination
This Agreement or any applicable fees and service charges may be changed, altered or amended by Mercantile at any time and from time to time. In such event, Mercantile shall provide notice to you. Any use of the Online Banking Service after the effective date of any change in terms will constitute your agreement to such change(s). Further, Mercantile may, from time to time, revise or update the applications, services, and/or related material.
Mercantile reserves the right to terminate this Agreement. We may terminate this Agreement immediately if you misuse any Online Banking Service.
- Address or Banking Changes
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made within Online Banking or by contacting us at 1-800-453-8700. Mercantile is not responsible for any payment processing errors or fees incurred if you do not provide accurate Bill Payment Account or contact information. The Consumer Online Banking and Bill Pay Guarantee as it applies to any late payment related charges is void when the error or fees incurred are a result of incorrect information that you have provided to the Online Banking Service.
In the event of a dispute regarding Online Banking, you and Mercantile agree to resolve the dispute by looking to this Agreement. You agree that this Agreement and your Account Agreement are the complete and exclusive statement of the agreement between you and Mercantile which supersedes any proposal or prior agreement, oral or written, and any other communications between you and Mercantile relating to the subject matter of this Agreement. If there is a conflict between what an employee of Mercantile says and the terms of this Agreement, the terms of this Agreement will prevail.
Business Customers Only:
Only Company System Administrators may file disputes using Online Banking. Non Company System Administrators are neither authorized nor enabled to file disputes using Online Banking.
You may not assign this Agreement to any other party. Mercantile may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of our parent corporation. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
- No Waiver
Mercantile shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Mercantile. No delay or omission on the part of Mercantile in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state in which the branch office where you opened your account is located. If you opened your account by mail, telephone or electronically through our Internet website, and we have a branch office in your state of residence, this Agreement is governed by the laws of that state. If we do not have a branch office located in your state of residence and your account was opened by mail, telephone or electronically through our Internet website, this Agreement is governed by the laws of the State of Michigan. This Agreement is also at all times governed by the laws and regulations of the United States of America. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE ONLINE BANKING SERVICE. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO SYSTEM, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY.
Exclusions of Warranties
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.