Terms & Conditions

Online Banking and Bill Pay Agreement and Disclosure Statement


This Online Banking and Bill Pay Agreement and Disclosure Statement ("Agreement") states the terms and conditions that apply when you use the Lapeer County Bank & Trust Co. Online Banking and Bill Pay Services. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by this Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Michigan (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.

"You" and "your" mean each person who establishes an Online Banking account with us, or who uses or is authorized to use an Online Banking identification number and password (or other means of access we establish or approve). "We" and "our" refers to Lapeer County Bank & Trust Co. (the Bank).

The term "Online Banking" means our service that allows you to check the balance and recent activity on your accounts, transfer funds between your Bank accounts, make payments on your Bank loans, obtain information, and perform other transactions. The term "Bill Pay" means our additional Online Banking service that allows you to pay bills to third parties. You must be approved for Online Banking and have a qualified checking account to be able to enroll for Bill Pay. All of the rules applicable to Online Banking are also applicable to Online Banking Bill Pay, except as otherwise provided below. All the Online Banking transactions are performed over the Internet by use of a personal computer and modem and/or other means we may authorize or allow.

"Qualifying accounts" are those of your accounts on which we permit you to conduct transactions through Online Banking. You must by the owner or authorized signatory of each account. You may not designate any account that requires more than one signature for withdrawals or that has any other type of restriction on it.

"Personal accounts" are accounts held by a natural person or persons and established primarily for personal, family, or household purposes

"Business accounts" are accounts not used primarily for personal, family, or household purposes.

By signing the Online Banking application or by using Online Banking to conduct a transaction or review a balance, you agree to the terms of this Agreement. We may amend or change any of the terms and conditions of this Agreement at any time upon written notice to you in the manner and within the time required by applicable law. Future disclosure of changes in terms may be communicated to you by electronic mail (e-mail) or by posting notice on our web site: lcbt.com. You agree to notify us of any change in your e-mail address. You can change your e-mail address using Online Banking at anytime.

You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to a third party.

Security of Information, Identification Number and Password
Online Banking has a built-in security feature called SSL (Secured Socket Layer) encryption technology. All of your account information takes place through this encrypted line. Account access is monitored and authenticated at every point. You are required to implement 128-bit encryption for your Internet browser for security purposes. We also offer Multi-factor Authentication, a security feature that watches for uncharacteristic behavior involving access to your account. If anything out of the ordinary is detected, we will ask you to verify your identity. In the rare case we detect any unusual or uncharacteristic activity, we will ask you to answer security questions to make sure that it's really you.

Each person who has applied and has been approved for Online Banking will be assigned an identification number and password. To access Online Banking, you must use the identification number, together with a password. You will be required to change your password upon your initial log-in to Online Banking. You can change your password on Online Banking at anytime. We recommend that you change your password regularly. You should carefully select a password that is difficult to guess.

Because the identification number (the "number") and password can be used to access your accounts, you should treat your number and password with the same degree of care and secrecy that you use to protect other sensitive financial data. You agree that any transaction initiated using your number and password will be deemed valid by us. Any person obtaining access to your Online Banking number and password or other means of access will have full access to your accounts and you will be liable for any transaction that person makes. If you give your Online Banking number and password or other means of access to someone, they will have full access to your accounts. Even if you attempt to limit that person's authority, you are responsible for transactions that person makes. If you have given someone your Online Banking number and password or other means of access and want to terminate that person's authority, you must contact us and change your number and password to prevent further access by such person.

Your Online Banking password will be disabled (locked) after the password is entered incorrectly three consecutive times. Visit any of our full service offices to re-establish your Online Banking password.

Click on the Online Banking "Log out" tab to log off Online Banking. Log off Online Banking whenever you leave your computer. To help prevent unauthorized access and ensure the security of your accounts, we will end your Online Banking session if we have detected no activity for 10 minutes. This is to protect you in case you accidentally leave your computer unattended after you logged in.

If you choose to fill out an application, we collect, use and retain only that personal information which is pertinent to administer Bank business and to provide products and services to our clients. Much of the data you give us helps ensure the security and privacy of your financial information.

Information about you and your accounts, or other personally identifiable data is not disclosed to third parties unless it is necessary for completing transfers, verifying the existence and condition of your account for a third party such as a credit bureau or a merchant, if you give us written permission, or complying with government requirements including court orders.

If your account is for personal, family, or household purposes, we may also disclose information about you and your accounts as disclosed in our Privacy Policy.

Our information and operational data processing systems are all in a secure environment. Unauthorized individuals cannot access your account. Access is granted only in accordance with our internal security standards. Only employees needing customer information to perform their duties are authorized to access client data.

Business (non-personal) Accounts
By signing the Online Banking application or by using the Online Banking service, you agree that use of an identification number and a password provides a commercially reasonable degree of protection in light of your particular needs and circumstances. All transactions made using your identification number and password will be conclusively presumed to be authorized by you. You are liable for all transactions that you or any authorized users make or authorize, even if that person exceeds your authority. You are liable for any and all unauthorized use that occurs before you have notified us that an identification number, password or other access means in your possession or control have been lost or stolen or used without your authority and before we have had a reasonable opportunity to act on such notice.

Equipment and Virus Protection
The Bank has no liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software. The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your PC, compact disks and diskettes using a reliable virus detection product to remove any viruses.

Online Banking Transactions
You, or someone you have authorized by giving them your Online Banking identification number and password or other means of access, can instruct us to perform the following transactions:
* Make transfers between your qualifying accounts to the extent authorized;
* Obtain information that we make available about your qualifying accounts;
* Make payments from qualifying accounts to your Lapeer County Bank & Trust loans;
* Make balance inquiries;
* Obtain other services or perform other transactions that we may authorize;
* Pay bills to third parties (available with Online Banking Bill Pay).

Balance Inquiries
You may use Online Banking to check balances of your qualified accounts. The information that is viewable online will generally reflect that information's status as of the previous business day, but may include known pending, but unposted, transactions. Deposits still subject to verification by us may be included in your balance. Your account balance(s) may also differ from your records because of deposits in progress, outstanding checks, or other withdrawals, holds, payments, or charges.

Online Banking Bill Pay
You may enroll for Bill Pay if you have a qualified personal or business (non-personal) checking account.

All Bill Pay payments are made from your qualified checking account. You have the option to pay by paper check or electronically. You may make payments to any business, merchant, or professional for products or services. You also may make payments to individuals, family or friends for non-business purposes. Payments may be made only to payees with a U.S. payment address.

Instructions for Setting up Payees & Payments
Payees: If you want to add a new "Payee", first select the "Payee" tab located in the bill pay service section. The Bank reserves the right to refuse the designation of a "Payee" for any reason.
Payments: You may add a new payment to a "Payee" by accessing the service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the service.
- You may pay any "Payee" within the United States.
- The Bank is not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information.

Remember that you must have sufficient funds available at the time an electronic payment is processed. Electronic payments will not be sent if funds are not available.

If you pay a bill by check (paper), the check will be printed and mailed from one of our processing centers in Oklahoma or Kansas to your payee. The check will post against your account after it has cleared through the banking system, exactly as if you had written the check manually.

If you wish to change or remove Bill Pay, visit any of our full service offices.

Limits on Online Banking Transactions
You must have sufficient available funds in any account from which you instruct us to make a payment or transfer.

If your request involves an internal bank transaction, such as transferring funds between accounts or making a loan payment, you must request a funds transfer by 6:00 p.m. (EST) on a business day in order for it to be completed on that business day. Transfers set up by you after 6:00 p.m. on a business day, or on a non-business day, will be processed the next business day.

Requests for payments to third parties through Bill Pay made before 3:00 p.m. (EST) on a business day are processed that day. Bill Pay requests after 3:00 p.m. on a business day, or on a non-business day, will be processed the next business day.

When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
* If the recurring payment's "Pay Before" option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date prior to the calculated processing date.
* If the recurring payment's "Pay After" option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date after the calculated processing date.

Note:
If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date.

Single and Recurring Payments
The system will calculate the Estimated Arrival Date of your payment. This is only an estimate, so please allow ample time for your payments to reach your "Payees". You should also allow additional time for the first payment you send to a payee through Bill Pay to allow the payee to adjust to the new form of payment. You understand and agree that we are not responsible for the timely delivery of postal mail or the improper transmission or handling of payments by a third party such as the failure of the Bill Pay payee to properly post a payment to your account. To cancel a bill payment that you have scheduled through Bill Pay, you must cancel the payment online before 3:00 p.m. (EST) of the date that the payment is scheduled to be processed.

If any of your qualifying accounts are savings accounts, certain types of withdrawals from these accounts, including payments and transfers, are limited by Federal Regulation to six (6) in any monthly cycle. The kinds of withdrawals covered by this limitation are those made by means of pre-authorized, automatic, Internet and recurring transfers, and transfers or withdrawals by telephone agreement order or instruction.

You also agree to the "Rules & Regulations of Your Deposit Accounts" that you received when you opened your deposit account(s). You may request another copy of these at the time you fill out your Online Banking application.

Business Days
Online Banking is generally available 24-hours a day, 7 days a week, except during maintenance periods or periods during which Online Banking otherwise is not operable. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Federal Holidays are not included as business days.

Statements
Your Online Banking payments and transfers will be indicated on the regular statement we provide or make accessible to you for your accounts. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement or statement information.

Fees
Bill Pay is free to those customers with personal checking accounts. Customers using Bill Pay with their business checking accounts are subject to the fees described in our Most Common Fees Schedule (fees subject to change). Fees for additional services such as stop payments apply to both personal and business accounts. The applicable fees will be deducted out of your checking account (that you designate for Bill Pay) at statement cut off. If there are insufficient funds in your checking account to cover applicable fees at any time, you authorize us to deduct the fees from any account you have at the Bank without prior notice.

Our Liability for Failure to Complete Payments or Transfers
If we do not complete a payment or transfer on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages, which you prove, are directly caused by our action or failure to act. However, there are exceptions to our liability. We will not be liable if:

* Through no fault of ours, there is non-sufficient collected funds in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
* Any payment or transfer would exceed the credit limit of any account.
* Your equipment, or ours, was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
* You have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.
* You do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
* You do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
* The money in the account from which a payment or transfer is to be made is subject to legal process or other claim, which restricts the transaction.
* Circumstances (such as fire, flood, or interruptions in electric or telephone service) or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
* It can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of the Online Banking service or our service providers.
* It can be shown that the delay was caused by unusual mailing delays by the U.S. Postal Service.

There may be other exceptions to our liability.

Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Online Banking services provided to you under this Agreement. We do not and cannot warrant that Online Banking services will operate without errors, or that any or all Online Banking services will be available and operational at all times.

Except as specifically provided in this Agreement, or otherwise required by law, you agree the Bank, our officers, directors, employees, agents or contractors are not responsible or liable for any:
* Damages (including but not limited to, direct, indirect, incidental, consequential or special damages).
* Losses or expenses (including but not limited to, lost profits and loss of use, arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or time or system failure) even if the Bank, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Further, the Bank will not be responsible for any losses, expenses and/or damage, whether direct, indirect, special or consequential, caused by the unauthorized use of your password resulting from your disclosure of your password to any third party.

Use of hyperlinks to other Internet resources are at your own risk; the content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored or endorsed by the Bank.

Unauthorized Transactions or Loss/Theft of your Online Banking Identification Number or Password
If you believe your Online Banking identification number or password or other means of access has been lost or stolen or that someone has used them without your authorization, notify us immediately. Otherwise, you could lose all the money in your account(s) accessed by the identification number or password.

Personal Accounts:
* If you tell us within two business days after you discover that your identification number or password has been lost or stolen, you can lose no more than $50 if someone used your identification number or password without your permission.
* If you do not tell us within 2 business days after you learn of the loss or theft of your identification number or password, and we can prove we could have stopped someone from using your identification number or password without your permission if you had told us, you could lose as much as $500.
* Also, if your statement shows transfers that you did not make or authorize, tell us immediately. If you do not tell us within 60 days after the statement was sent, you may lose the amount transferred without your authorization 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, has kept you from telling us, we will extend the time periods.

Errors and Questions
In case of errors or questions about your electronic transfers or payments, you should immediately call 810-245-2950 or write us (mailing address listed on last page). We must hear from you no later than 60 days (30 days if a business account) after you received the first statement on which the problem or error appeared.
*Tell us your name, relevant account number, address and phone number.
*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 and the date of the transaction as shown on your statement.

If you tell us orally, we may require you send us your complaint or questions in writing within 10 business days.

Personal Accounts:
* 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, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think 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 do not receive it within 10 business days, we may not credit your account.

* If we decide there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.

Adding, Changing and Removing Accounts
Qualified accounts you open after enrollment in Online Banking may be automatically included in Online Banking unless you otherwise instruct us in writing. Visit any of our full service offices if you wish to add, change or remove an account from Online Banking .

Termination
You may terminate your use of the Online Banking Service at any time by notifying us at least 10 business days before the date you want the service terminated. We may require you put your request in writing.

We may terminate your use of the Online Banking Service, in whole or in part, at any time without prior notice. Your access to the service may be terminated automatically if your Online Banking qualified checking or savings account is closed, or access to any of your qualified accounts is restricted for any reason.

Termination will not affect your liability or obligation under this Agreement, for transactions we have processed on your behalf.

Accuracy & Maintenance of Information
We are committed to keeping your information accurate, up-to-date and in accordance with commercial standards. If you find information about you or your accounts is incomplete or incorrect, please notify us immediately.

Your E-mail Privacy
Online Banking and our Bank's web site provide you with the ability to send electronic mail (e-mail) to us. Online Banking and the Bank's web site do not require you to disclose any personal information.

Messages sent by e-mail may not be secure and may be intercepted by third parties. You agree not to use e-mail to send us communications that contain confidential information, which we require in writing or which needs our immediate attention, and to call us instead at 810-245-2950 in such circumstances.

If you choose to contact us via e-mail, please keep in mind that your e-mail address and any other information your e-mail header shows about you, such as your name or organization, will be revealed to us in the e-mail. We pledge, however, that when you communicate with us via e-mail, we will use your e-mail information only for the specific purpose of responding to your comments or questions. Your e-mail address will not be sold, nor will it be shared with others outside the Bank unless we are compelled to do so by law.

Call us at:
810-245-2950

Write us at:
Lapeer County Bank & Trust Co.
Customer Service
P.O. Bank 250
Lapeer, MI 48446-0250

Member FDIC