Mercantile Bank of Michigan


Online Banking Service Agreement
Consumer and Business Accounts

  1. INTRODUCTION
    1. This Agreement between you and Mercantile Bank of Michigan ("Mercantile") governs the use of Mercantile's Online Banking Services (including MercMobile, Mercantile’s mobile banking service). These services permit Mercantile consumer and business customers to perform a number of banking functions on accounts linked to the service through the use of a personal computer or mobile device. This Agreement, along with our Service Charge Disclosure and Related Charges (collectively, the "Agreement"), explains the terms and conditions governing Mercantile's Online Banking Services. Please read this Agreement carefully and note that different provisions will apply based on whether you are using our Online Services to access personal or business accounts. Also, different fees will apply based on whether you enrolled in Online Banking Services as a consumer or as a business customer. By enrolling electronically or otherwise, and by using any of the Online Services, you agree to be bound by the terms and conditions of this Agreement. This Agreement also contains important information regarding what you should do if you believe that an unauthorized person has gained access to your accounts or an error has occurred. Keep this Agreement for future reference. Except as stated below this Agreement is governed by the laws and regulations of the State of Michigan and the United States, as amended from time to time. When you use any of the Online Banking Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the Agreement that apply to you (depending whether you are accessing the Services as a consumer or as a business customer).
      1. Online Banking for Consumers and Businesses:
        1. To use Online Banking you must have:
          1. An Internet access device with service through an Internet Service Provider.
          2. An Online Login ID and Password.
          3. A computer equipped with a network interface card, USB or modem.
          4. Use and maintain a commercially acceptable anti-virus/anti-spyware software.
          5. Use and maintain a commercially acceptable firewall (hardware/software).
          6. Maintain an updated web browser and operating system.
        2. To use mobile banking services you must have:
          1. A mobile device capable of accessing the internet and/or using SMS text.
          2. An Online Login ID and Password.
          3. The MercMobile® app.
          4. Access to the internet (via WIFI, cell carrier agreement, etc.).
            1. 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.
        3. You may use Online Banking to:
          1. Transfer funds between your linked Mercantile accounts on either a one-time or recurring basis, including payments to a linked eligible loan(s) and Mercantile credit card(s).
          2. Deposit Only transfers – transfers from your linked Mercantile account to another Mercantile account owned by another Mercantile customer.
          3. External transfers – transfers from your linked Mercantile account to an account you own at another financial institution.
          4. View current balance information for your linked Mercantile accounts.
          5. Review available transactions for your linked accounts.
          6. Perform self-service account maintenance such as re-ordering checks, stopping payment on checks, changing address and phone, and changing your Online Banking Login ID and Password.
          7. Send us secure online mail messages and questions regarding your Online Banking Service.
          8. View online images of certain checks and items drawn off your linked accounts.
          9. View online images of deposit slips and deposited item images.
          10. View online statements of your Mercantile linked accounts.
          11. Make one-time or Recurring Payments online from your linked checking account(s), and money market deposit account(s) to companies or individuals (Billers) you select.
          12. Use the e-Bills feature to: Receive bills from participating Billers. View Biller bill summary and bill detail information.
          13. Categorize transactions, create charts of your spending habits and develop a budget for your linked accounts.
          Some of the above services may not be available for certain accounts or customers.
      2. For Business Customers, the individual who executes/accepts this Agreement represents and warrants that he/she is acting with full authority for the applying entity, and that they are duly authorized to execute/accept this Agreement on behalf of the applying entity.
    2. Each of your deposit accounts at Mercantile are also governed by an applicable Account Agreement for Checking and Savings, Schedule of Service Charges and Fees or Business Checking Accounts and Related Charges and other applicable account documentation, and lines of credit are governed by the applicable line of credit agreement (collectively, your "Account Disclosures"). To the extent applicable, the Account Disclosures also apply to any electronic fund transfers made to or from your accounts by use of any of the Online Banking Services. This Agreement will control, however, in the event of any conflict between the Account Disclosures and this Agreement.
    3. Throughout this Agreement, the following terms will have the meanings set forth below:
      1. "ABA Routing Number" is a nine digit bank code, used in the U.S. that appears on the bottom of checks identifying the financial institution on which it was drawn.
      2. "Access" refers to the ability to obtain account information, electronic messages, transfer funds between accounts, or pay bills, receive bills, reorder checks, etc., or any other service offered online by Mercantile, as described further in this Agreement.
      3. "Account Agreement" means the various agreements and disclosures that govern your account(s) at Mercantile. Such agreements include, but are not limited to: Deposit Account Terms and Conditions Agreement; Electronic Funds Transfer Disclosure; Service Charge Disclosure; and the Consumer Privacy Notice.
      4. "ATM" will mean automated teller machine or banking machine.
      5. "Authorized External Transfer Processing Date" is the day you want Mercantile to initiate the External Transfer request to your External Account(s).
      6. "Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills.
      7. "Bill Payment Account" is the designated checking account(s) from which bill payments will be made.
      8. "Billing Account" means the account(s) you have designated to be charged for any and all fees and charges associated with the Online Services.
      9. "Business Account(s)" means an account that is used for other than personal, family or household purposes.
      10. "Business Customer" means the legal owner or authorized employee of a Business Account.
      11. "Business Days" means Monday through Friday, excluding Saturday, Sunday and banking holidays set forth under the laws of the United States.
      12. "Check(s)" means a draft, payable on demand and drawn on or payable through or at an office of a U.S. financial institution, whether or not negotiable, that is handled for forward collection, including a Substitute Check and a traveler’s check; and does not include a non-cash item or any item payable in a medium other than U.S. dollars.
      13. "Company System Administrator," "CSA" means you or the person you designated as the authorized person to access Online Banking, view all accounts on Online Banking, setup new users, reset passwords, delete users, manage access rights for Non CSA's, and manage ACH and wire access and limits.
      14. "Consumer(s)" means the owner of a Personal Account.
      15. "Designated Account" means your designated checking account, debit or credit card, from which payments will be made.
      16. "Due Date" is the date reflected on your Biller statement for which the payment is due. It is not the late date or grace period.
      17. "Eligible Accounts" are those types of Mercantile accounts, which may be accessed for Online Banking Services. Eligibility is based on account type and your customer to account relationship.
      18. "Estimated Arrival Date" is the day you would like your Biller to receive your bill payment. An Estimated Arrival Date that falls on a non-Business Day will be modified to be scheduled for the previous Business Day.
      19. "EST" means Eastern Standard Time.
      20. "External Account" is a personal checking or savings account that you own at another U.S. financial institution.
      21. "External Transfer" means to externally transfer funds to and from an External Account to your Eligible Account at Mercantile.
      22. "Individual Payment Limit" is a dollar amount that the Service may impose on any individual payment you attempt to schedule.
      23. "Login ID" means the code assigned by Mercantile to you or the person you designated as authorized for identification purposes in connection with the use of Online Banking Services.
      24. "Mercantile," "Bank," "we" "us" refers to Mercantile Bank of Michigan.
      25. "Micro-Deposits" are two small transaction amounts (less than $1.00 USD each) into your external bank account.
      26. "Non Company System Administrator," "Non CSA" means an individual who has been granted access to Online Banking by the Company System Administrator.
      27. "Online Banking" means Mercantile's online banking service which allows you to access transaction information on Eligible Accounts.
      28. "Online Bill Pay" means Mercantile's Online Bill Pay service which allows you to perform payments to third parties from your Designated Account, including online and MercMobile®.
      29. "Online Banking Services" means collectively Online Banking, MercMobile®, Online Bill Pay, Online Deposit, and other computer or telephone banking services which Mercantile may make available from time to time.
      30. "Password(s)" means the confidential password or other confidential code assigned to you by Mercantile or selected by you for identification purposes in connection with the use of Online Banking Services.
      31. "Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills.
      32. "Payment Instruction" is the information provided by you to Web Bill Payment for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, Payee Amount, and Estimated Arrival Date).
      33. "Personal Account(s)" means an account that is maintained for personal, family or household purposes.
      34. "Personal Payments" means person to person payments within Online Banking powered by PayPal that allows you to send funds to an outside email or cell phone number.
      35. "Recipient" is the individual that is receiving the funds.
      36. "Recurring Payment(s)" means a payment scheduled to be carried out on successive future dates without further instruction from a customer.
      37. "Scheduled Payment" is a payment that has been scheduled through Online Bill Pay but has not begun processing.
      38. "Scheduled Transfer(s)" is a transfer that has been scheduled through the Service but has not begun processing.
      39. "Scheduled Transfer Date" is the day you want your Transfer Account debited, unless the requested date for a future dated transfer falls on a non-Business Day, then the Scheduled Transfer Date will be the Business Day following the requested date.
      40. "Secure Access Code" The Secure Access Code within Online Banking is a temporary code used to authenticate you via email, SMS, or Voice. This is required at login and during the submission of ACH and Wire transactions.
      41. "Secure Message" The Secure Messages within Online Banking and MercMobile® provides you access to an online mailbox where you can send and receive secure messages with our eBanking Support team.
      42. "Security Procedures" means the use of identification codes, encryption, passwords, logon identifications, personal or location identification numbers, repetitive codes, and other security devices, systems and software used by Customer to communicate through the Internet for Services.
      43. "Service(s)," "Transfer Service," or "Transfer Funds Service" means the Online Banking Transfer Funds Service or Online Bill Pay Service or External Transfer Service offered by Mercantile as indicated in their respective sections of this agreement.
      44. "Service Provider" means companies that we have engaged to render some or all of the Service to you on our behalf.
      45. "Stop Payment Online Request" means that the Bank will accept online instructions to stop payment on a check that the Customer anticipates will be presented against its Consumer or Business Account.
      46. "Substitute Check" means a paper reproduction of the original check that: a) contains an image of the front and back of the original check; b) bears a MICR line containing all the information on the MICR line of the original check, except as provided under generally applicable industry standards for substitute checks to facilitate the processing of substitute checks; c) conforms, in paper stock, dimension, and otherwise, with generally applicable industry standards for substitute checks; and d) is suitable for automated processing in the same manner as the original check.
      47. "Transaction" means any electronic banking transaction, including a deposit, withdrawal or bill payment initiated electronically.
      48. "Transfer" means any banking transaction, including deposits or withdrawals, that is initiated through an electronic terminal, telephone, computer or electronic check conversion, for the purpose of ordering, instructing, or authorizing a debit or credit to your Consumer or Business Account.
      49. "Transfer Account" is the designated Eligible account(s) from which transfers will be debited.
      50. "Transfer Instruction" is the information provided by you to the Service for a transfer to be made (such as, but not limited to, account number, and Scheduled Transfer Date).
      51. "You," "your" and "yours" refer to each Consumer or Business Customer who has enrolled in Mercantile's Online Banking Services.
  2. ACCESSING YOUR ELIGIBLE ACCOUNTS
    1. You can access your Eligible Accounts through the Online Banking Service. Eligible account types may change from time to time. Eligibility is based on account type and your customer to account relationship. By enrolling in Online Services you will be given access to all Mercantile accounts of which you have requested access to and are the owner of (including joint accounts) and which are considered Eligible Accounts.
  3. TERMS AND CONDITIONS
    1. GENERAL ONLINE SERVICES TERMS AND CONDITIONS FOR ALL CUSTOMERS
    2. This Section A applies to customers accessing either personal or Business Accounts.
      1. Fees
      2. 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.

      3. Use of Electronic Mail (e-mail)
      4. 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.

      5. Addition of New Services
      6. 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.

      7. Cancellation and Reinstatement of Online Banking Services
      8. 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.

      9. Transfer and Payments
      10. 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.

      11. Communications from Mercantile
      12. 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.

      13. Recording of Information and Disclosure to Third Parties
      14. 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:

        1. where it is necessary for completing transfers or transactions;
        2. 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;
        3. where required by a federal, state, or local law or regulation to do so;
        4. in response to a subpoena or are ordered by a court to do so;
        5. in the investigation or prosecution of alleged fraudulent activity concerning your accounts;
        6. if you give us your permission; or
        7. as may be otherwise authorized in other agreements with us and, for Consumers, as set forth in the Mercantile Bank of Michigan Privacy Policy.
      15. Password and Security/Your Liability for Unauthorized Transactions/Errors and Questions
      16. 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 onlinesupport@mercbank.com.

      17. Alterations, Amendments and Termination
      18. 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.

      19. Address or Banking Changes
      20. 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.

      21. Disputes
      22. 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.

      23. Assignment
      24. 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.

      25. No Waiver
      26. 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.

      27. Captions
      28. 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.

      29. Governing Law
      30. 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.

    3. ADDITIONAL ONLINE BANKING SERVICES TERMS AND CONDITIONS FOR CONSUMER ACCOUNTS
    4. This Section B does not apply to customers accessing Business Accounts.
      1. Consumer's Liability for Unauthorized Transfers
      2. Tell us AT ONCE if you believe your Password/Login ID has been lost or stolen. Telephoning is the best way of keeping your possible losses minimized. You could lose all the money in the accounts to which you have access through Online Banking Services, plus your maximum overdraft line of credit or the balance in any other account connected to your account for overdraft protection. In case of errors or questions about Online Banking Service transactions, promptly contact us at 1-800-453-8700 or send us an e-mail at: onlinesupport@mercbank.com.

        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 onlinesupport@mercbank.com.

        1. Disclosure of Account Information to Third Parties
        2. The Mercantile Bank of Michigan Consumer Information Privacy Policy explains how we collect and protect personal information and how and why in certain limited cases we may share such information. Please review such disclosure, as well as the Mercantile Internet Privacy Statement, both found at www.mercbank.com.

        3. Service Fees and Additional Charges
        4. Fees are disclosed in our Service Charge Disclosure. You agree to pay promptly all fees and charges related to Online Banking Services and authorize us to charge any of your Mercantile accounts 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.

          Currently no fees are imposed for Consumers using the Online Banking Bill Pay Service. Your deposit account(s) are subject to fees and charges as outlined the Service Charge Disclosure.

    5. TERMS AND CONDITIONS FOR TRANSFER FUNDS SERVICE
    6. (Consumer and Business Accounts)

      Mercantile is pleased to offer our Transfer Funds Service as a feature of Mercantile's Online Banking Service. You may use this Transfer Funds Service to transfer funds between your eligible Mercantile accounts, draw funds from your Mercantile Line of Credit, or make payments to your Mercantile loans and credit cards. By using the Transfer Funds Service you agree to be bound by the Terms and Conditions of this Agreement. We suggest that you keep a copy of this Agreement together with your Account Agreement. If you need an additional copy of your Account Agreement, please contact us at 1-800-453-8700, or e-mail us at onlinesupport@mercbank.com.

      1. Transfer Funds Scheduling
        1. Transfer Authorization
        2. By providing Mercantile with information about Transfer Instructions, you authorize us to follow the Transfer Instructions that we receive through the system.

          When Mercantile receives a Transfer Instruction, you authorize us to debit/credit your accounts on your behalf.

          Mercantile will use its best efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:

          1. If, through no fault of Mercantile, your Transfer Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your line of credit account; and/or,
          2. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
        3. Information provided to Us
        4. You agree to provide true and accurate information to Mercantile.

        5. Transaction limitations
        6. We reserve the right to limit the amount you may debit from your Transfer Account for any given transaction. Additionally, we reserve the right to limit your use of this functionality by imposing limits, hold times, or other measures should we believe that suspicious activity has occurred or may occur or for any other reason in order to preserve the integrity of the Service. Mercantile reserves the right to verify any of the information you provide. Other account limitations are outlined in your various Account Agreements. Mercantile shall have the right to terminate your use of the Transfer Service, reject or reverse any transactions you initiate, and/or restrict or condition your right to transfer or receive money at any time and for any reason, including, but not limited to:

          1. Excessive use;
          2. Using the Service (directly or indirectly) for any unlawful purpose; and/or
          3. Tampering, hacking, modifying, or otherwise attempting to corrupt the security or functionality of the Service.
      2. Initiating Transfers
      3. When Mercantile receives a Transfer Instruction, you authorize us to debit your designated Transfer Account and credit funds to the receiving account. Same day transfers to Checking, Savings, and Loan(s) must be submitted before 7:00PM EST. Same day transfers to Credit Cards must be submitted before 3:00PM EST. Any future dated or recurring transfer scheduled to occur on a non-Business Day will be processed on the following Business Day to the Scheduled Transfer Date. If we learn that you have insufficient funds in the Transfer Account from which you requested we send money, we will cancel the transfer. If we learn this after the funds have been transferred, you will owe us for, and agree to promptly repay the amount of any shortfall. We may apply funds in your other accounts against the amount you owe us, or we may reverse any transfer made which caused the shortfall.

        It is your sole responsibility to provide the correct information to enable us to complete your Transfer Instructions, including but not limited to information concerning the "From Account," "To Account," dollar amount, and dates. Mercantile is not responsible for Transfers made to unintended accounts, or for the failure of a Transfer, due to the input of incorrect information by you.

      4. Modifying or deleting Transfer(s)
      5. Once processed, Transfers cannot be modified or cancelled. You may modify or cancel transfers that have not yet been processed.

    7. DEPOSIT ONLY TRANSFERS
    8. The deposit only transfers feature allows you to electronically transfer funds from your personal checking or savings account at Mercantile (“Eligible Account”) to another checking or savings account at Mercantile owned by someone else.

    9. EXTERNAL TRANSFER SERVICE FOR CONSUMERS
    10. The External Transfer Service is a feature of Mercantile's Online Banking. This Service allows you to electronically transfer funds from your personal checking or savings account at Mercantile ("Eligible Account") to an enrolled personal checking or savings account that you own at another U.S. financial institution ("External Account"). You can also electronically transfer funds from an External Account to your Eligible Transfer Account at Mercantile. If you have Business Accounts under your personal banking Login ID, you will not be eligible for the External Transfer Service.

      1. Authorization and Termination of External Transfers
      2. You (a) represent and warrant that you are an owner of that External Account (and you are authorized by any other owner(s) of the External Account to enroll and make External Transfers from that account); and (b) authorize Mercantile to initiate debit and/or credit transactions on the External Account based on instructions entered through Mercantile's Online Banking Service, or to correct any errors that Mercantile identifies.

        Your authorizations to Mercantile regarding any External Account will remain in full force until you terminate External Account Services for that specific account or all your External Accounts as provided herein in the section entitled "Termination of External Account Services."

      3. Enrollment of an External Account
      4. You will need to enroll an External Account before you can transfer funds to or from that External Account. To enroll, you must have the following information.

        1. Account number;
        2. the ABA Routing for the external financial institution;
        3. whether the External Account is a checking or savings account
        4. By enrolling an External Account, you authorize Mercantile to initiate a group of small transactions ("Micro-Deposits") that you, the owner of that External Account must verify within 14 days through the Online Banking Service. Mercantile reserves the right to reverse or debit the Micro-Deposits once the enrollment process has been completed. The External Account(s) will appear as an available account when creating Transfers.

          Mercantile reserves the right to reject an enrollment request for any reason, including without limitation potential fraud or misuse, limitations as outlined by the United States Department of the Treasury's Office of Foreign Assets Control, or an incomplete enrollment. You agree to enroll only Personal Accounts (business, corporate, or organization accounts are NOT allowed).

      5. Ineligible External Accounts
      6. Not all types of accounts are eligible for External Transfer Service. You may be subject to penalties by the other financial institution, or may suffer negative tax consequences, for certain transactions involving retirement (401k, IRA, HSA, etc.), savings, money market accounts, certificates of deposit, trusts, loans, custodial, business, corporate and other types of accounts. It is your responsibility to verify with the external financial institution any restrictions regarding transfers to or from any External Account that you enroll. Mercantile is not responsible for direct, indirect, special or consequential costs, fees, losses, penalties, or other damages resulting from External Transfers that are not permitted under restrictions of other financial institutions or those imposed by applicable laws and regulations.

      7. External Account Number Accuracy
      8. Mercantile is not obligated to validate any External Account number that you provide in the enrollment process. It is your responsibility to ensure you enter a valid and correct External Account number. External Transfers sent to invalid or incorrect account numbers may not be recoverable. If you provide an invalid or incorrect External Account number, Mercantile will NOT be responsible for returning funds due to an unrecoverable External Transfer.

      9. Transferring to an External Account
      10. All External Transfers to enrolled External Accounts are subject to the rules and regulations of the other financial institution. You agree not to transfer any funds to an External Account where the External Transfer would not be allowed under the rules or regulations applicable to such accounts. You agree to obtain any and all permissions required by the other financial institution prior to transferring funds to an External Account.

        When you create an External Transfer to an External Account, the funds on the Scheduled External Transaction Processing Date of the transaction will take 1 to 3 Business Days for the transactions to post to your account.

        You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any transfer you request that we make on your behalf through the External Transfer Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the transfer and the transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the transfer would exceed the credit limit on any applicable overdraft line.

        You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a transfer or if the Mercantile website was not working properly and you knew about the breakdown when you started the transfer.

        We may at any time decline to affect any transfers that we believe may violate applicable law, or where there is not sufficient funds in your Account to affect any requested transfer.

        Additionally, we reserve the right to limit your use of this functionality by imposing limits, hold times, or other measures should we believe that suspicious activity has occurred or may occur or for any other reason in order to preserve the integrity of the External Transfer Service. We may terminate the External Transfer Service to you if you engage in unauthorized transactions. Fees may apply to any of the above actions. Please refer to your Mercantile Bank Deposit Agreement for additional details. If any External Transfers to an External Account are returned to Mercantile for any reason, Mercantile will return the funds, within a reasonable time, to your Eligible Account.

      11. Transferring From an External Account
      12. All External Transfers from External Account(s) are subject to the rules and regulations of the other financial institution. You agree not to transfer any funds from an External Account where that transaction would not be allowed under the rules or regulations applicable to such account. You agree to obtain any and all permissions required by the other financial institution prior to transferring funds from an External Account. If any External Transfer from an External Account is rejected or returned, you authorize Mercantile to collect from any of your Mercantile accounts sufficient funds to cover the transaction and all related fees. If funds are not available from any of your Mercantile accounts, you agree to promptly reimburse Mercantile for the amount of the return along with applicable service fees, accrued interest, collection fees, and/or legal fees.

      13. Transfer Timing and Settlement
      14. Transfers to or from External Accounts generally take between one and three Business Days to settle. This means immediate Transfers may take up to three Business Days before funds have actually transferred. This also means that Scheduled Transfers, both one-time and recurring, will also settle one to three days after the scheduled date. Any External Transfers made after 3:00p.m. EST will be processed the following business day.

      15. Canceling Specific Funds Transfers
      16. You may order us to stop payment on a one-time or recurring transfer 3 business days or more before the Scheduled External Transfer Processing Date by contacting us through the methods set forth in the section labeled Termination of External Transfer Service. Please refer to our Electronic Transfer Disclosure (EFT Statement) regarding your rights and obligations regarding stop payments. Please refer to our schedule of fees regarding stop payment fees.

        One-time or recurring transfers that are requested to begin processing on the next available business day may or may not be cancelled, depending upon when the transfer is requested and whether our service provider has begun processing the transfer. The status of a transfer may always be verified by viewing the Online Activity screen within Online Banking. If the status of the transfer shows as 'scheduled' next to the transfer, then that particular transfer may be cancelled. You may cancel a scheduled one-time or recurring transfer anytime before 3:00p.m. EST on the Scheduled External Transaction Processing Date.

      17. Termination of External Transfer Service
      18. If, at any time, you wish to terminate your use of the External Transfer Service for any or all enrolled External Accounts, you will need to discontinue use of the External Transfer Service and immediately cancel any scheduled transactions, whether one-time or recurring transactions. You may cancel transactions that are not in-progress via the following methods:

        1. Through Mercantile Online Banking; and/or
        2. Telephone us at 1-800-453-8700; and/or
        3. Via email to onlinesupport@mercbank.com; and/or
        4. Write us at:
        Mercantile Bank
        Online Banking Services
        5610 Byron Center Ave SW
        Wyoming, MI 49519

        Termination of the External Transfer Service with an External Account may be requested by you, or by any other owner or person presenting ownership of that External Account. Notwithstanding your termination of the External Transfer Service, this Agreement will continue to govern any transactions that cannot be canceled at the time of your termination. Mercantile reserves the right to terminate your access, or any access, to this External Transfer Service, to cancel any and all transactions, and remove any or all enrolled External Account for any or no reason, including without limitation fraud, misuse, kiting, ACH transaction rejects and returns, or any unauthorized access or use of the External Transfer Service.

      19. External Transfer Limits
      20. For security purposes, Mercantile establishes limits on the amount of funds transfers that can be made during any one day. External Transfers are currently limited to a daily aggregate of $1,000 for External Transfers to and from your Eligible Accounts. We reserve the right to change from time to time the dollar amount of the transfers you are permitted to make using the External Transfer Service. In addition, if you transfer from a savings or Money Market account, the account is limited to a total of six transfers per statement cycle. See your Mercantile Bank Deposit Agreement for details.

      21. In Case of Errors or Questions about Your External Transfers
      22. Please contact our Online Support Team at 1-800-453-8700, or e-mail us at onlinesupport@mercbank.com in regards to errors or questions about your External Transfers. You may also write to us at any of the addresses listed at the end of this agreement.

      23. External Transfer Fees
      24. There is currently no fee charged by Mercantile for enrolling in the External Transfer Service, or for making an External Transfer. However, there may be fees charged by the external financial institution for ACH transactions involving an External Account. You should check with your other financial institution for any such fees.

      25. Changes to Fees or Other Terms
      26. We reserve the right to change the fees or other terms described above as set forth in the Online Banking Services Agreement.

    11. PERSONAL PAYMENTS POWERED BY PayPalTM
    12. Personal Payments powered by PayPal ("Personal Payments") is a service that allows users to send money to other Recipient(s) using a mobile number or email address through the PayPal network. Sending money does not require having a PayPal Account, but the following rules do apply regarding PayPal's role in processing Personal Payment transactions that use the PayPal network.

      1. PayPal's Relationship with You
      2. PayPal is only a payment Service Provider. PayPal helps you make payments to and accept payments from third parties. PayPal is an independent contractor for all purposes, except that PayPal acts as your agent with respect to the custody of your funds only. PayPal does not have control of, or liability for, the products or services that are paid for with our service. We do not guarantee the identity of any User or ensure that a Recipient will complete a transaction.

      3. Intellectual Property
      4. "PayPal.com", "PayPal", and all logos, related to the service, are either trademarks or registered trademarks of PayPal or its licensors. You may not copy, imitate or use them without PayPal's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayPal. You may not copy, imitate, or use them without PayPal's prior written consent. You may use HTML logos provided by PayPal through our merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to PayPal or the service or display them in any manner that implies PayPal's sponsorship or endorsement. All right, title and interest in and to the PayPal website, any content thereon, the services, the technology related to the PayPal services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of PayPal and its licensors.

      5. Transaction History
      6. You may view your Personal Payments transaction history by logging into Online Banking and choose the Online Activity screen. Your history is also available through Online Banking at Mercantile and on the periodic statements we provide you.

      7. Calls to You
      8. By providing us with a telephone number (including a wireless/cellular, mobile telephone number), you consent to receiving auto dialed and prerecorded message calls from PayPal at that number for non-marketing purposes.

      9. Eligibility for Personal Payments
      10. To be eligible for Personal Payments, you must be at least 18 years old and a resident of the United States or one of the countries listed on the PayPal WorldWide page.

      11. Identity Authentication
      12. You authorize PayPal, directly or through third parties, to make any inquiries considered necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your Information against third party databases or through other sources.

      13. Sending Money Limits via Personal Payments
      14. PayPal may, at its discretion, impose limits on the amount of money you can send through the Personal Payments service (in addition to any limits set by Mercantile).

      15. Personal Payments Transfers
      16. When a Personal Payment is made, the funds are immediately transferred from your account for transfer and credit to PayPal to provide funds to the Recipient. You agree that such requests constitute your authorization to Mercantile and PayPal to make the transfers. Once you have provided your authorization for the transfer, you may not be able to cancel the electronic transfer.

      17. Refused and Refunded Transactions
      18. When you send money, the Recipient is not required to accept it. You agree that you will not hold PayPal or Mercantile liable for any damages resulting from a Recipient's decision not to accept a payment made through the service. We will return any unclaimed, refunded or denied payment to your Mercantile account within 30 Days of the date you initiate payment. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your Mercantile account.

      19. Personal Payments Acceptable Use
        1. Prohibited Payments
        2. The following types of payments are prohibited through Personal Payments, and we have the right but not the obligation to monitor for, block and/or reverse such payments:
          1. to or from persons or entities located in prohibited territories
          2. violate any law, statute, ordinance or regulation. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods (e) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) certain sexually oriented materials or services, (i) ammunition, firearms, or certain firearm parts or accessories, or (j) certain weapons or knives regulated under applicable law;
          3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (g) involve currency exchanges or check cashing businesses, or (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities;
          4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
          5. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
          6. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law;
          7. Tax payments and court ordered payments; and
          8. In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in section N below of any violations of this section.
        3. Acceptable Use
        4. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of Personal Payments, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the service for activities that violate any law, statute, ordinance or regulation.

      20. Personal Payments Fees
      21. There is currently no fee charged by Mercantile for this Service or for making a Personal Payment. However, you will be responsible for any excess transaction fees that may apply to your Account.

      22. Changes to Fees or Other Terms
      23. We reserve the right to change the fees or other terms described above as set forth in the Online Banking Services Agreement.

    13. GENERAL PROVISIONS
      1. Password and Security
      2. You agree not to give or make available your Password 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 Transfer Instructions you authorize using the Service. If you permit other persons to use the Service or your Password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your Password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by contacting us at 1-800-453-8700.

      3. Touch Authentication
      4. Touch authentication for the mobile banking application allows you the option to authenticate into the mobile banking session using Touch ID in place of your login ID and password. Fingerprints are encrypted and stored on the device only and are not made available to any other service providers, including Mercantile Bank. It is recommended that you do not allow any other individual's fingerprints to be enrolled on the device while using this feature. If this is allowed, you understand that the individual(s) whose fingerprints are stored on the device may have the ability to authenticate in your mobile banking session and have access to sensitive data and account functionality. You hold full responsibility for any access granted to your mobile sessions.

      5. Your Liability for Unauthorized Transfers/Errors and Questions
      6. For Consumer deposit accounts, Mercantile's Consumer Electronic Fund Transfers Disclosure , ("EFT Statement"), which is an Account Disclosure, provided to you when you opened your deposit account, details your rights and obligations when an unauthorized transaction has occurred. For an explanation of your rights and obligations for unauthorized transactions involving a line of credit, please also refer to your loan documents.

      7. Disclosure of Account Information to Third Parties
      8. The Mercantile Bank of Michigan Consumer Privacy Notice explains how we collect and protect personal information and how and why in certain cases we may share such information. Please review such disclosure at www.mercbank.com.

      9. Service Fees and Additional Charges
      10. Currently no fees are imposed for using the Transfer Service. For all customers, your deposit account(s) are subject to fees and charges as outlined the Schedule of Service Charges and Fees. Your internet service provider and telephone companies may impose charges for the services they provide so that you may have Internet access.

      11. Failed Transactions
      12. In using the Service, you are requesting Mercantile to make transfers for you from your Transfer Account. If we are unable to complete a transaction for any reason associated with your Transfer Account or credit account (for example, there are insufficient funds in your Transfer Account to cover the transaction, or your credit account is closed), the transaction will not be completed.

        It is your responsibility to check the balance of the receiving account after a Transfer has been made to confirm that such Transfer occurred.

      13. Stop Payment Requests
      14. You may initiate Online Stop Payment Requests online via SYSTEM only for paper checks you have written (non-electronically) on your BANK accounts. Online Stop Payment Requests are processed on the same day for requests made before 5:00 p.m. (Eastern Standard Time). Online Stop Payment requests made after 5:00 p.m. (Eastern Standard Time) will be processed the business day following the date the stop payment has been requested online. To be effective, this type of stop-payment request must precisely identify the name of the Payee, the check number, the amount, and the date of the check.

        If you make your Online Stop Payment Request online or by telephone, you will incur stop payment charges as disclosed in the current fee schedule for the applicable account.

      15. Service Termination, Cancellation or Suspension
      16. In the event you wish to cancel the Service, you may contact customer service via one of the following:

        1. Telephone us at 1-800-453-8700; and/or
        2. Via email to onlinesupport@mercbank.com; and/or
        3. Write us at:
        4. Mercantile Bank
          Online Banking Services
          5610 Byron Center Ave SW
          Wyoming, MI 49519

          All Transfer(s) initiated before the requested Service cancellation date will be completed by the Online Banking Service. All Scheduled Transfers, including recurring transfers, will not be processed after the requested cancellation date.

          Mercantile may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

    14. ADDITIONAL TRANSFER SERVICE PROVISIONS FOR BUSINESS CUSTOMERS
      1. We shall only be liable for our own negligence or misconduct and shall not be responsible for any loss or damage arising from or in connection with (a) any inaccuracy, act or failure to act on the part of any person not within our reasonable control or (b) any error, failure or delay in execution of any Transfer resulting from circumstances beyond our reasonable control including, but not limited to, any inoperability of communication facilities, system delays in effecting account postings, or other operational delays. Please note the limitation on our liability for stop payment orders placed through Online Banking for Business provided below. The Business Customer agrees to promptly examine all periodic statements of Business Accounts and Eligible Loan Accounts affected by Transfers and any confirmations of Transfers that we or other banks may send or make available to the Business Customer, and to promptly notify us of any discrepancy within thirty (30) days of receipt of any periodic statement or confirmation. We shall not be liable for any loss or damage arising from or in connection with any transfer reflected on such periodic statement or confirmation.
      2. In no event shall we be liable for any consequential, incidental, special or indirect losses, damages (including dishonor of checks or other items), or expenses (including attorneys' fees) which the Business Customer incurs or suffers by reason of this Agreement or the Online Banking for Business Service provided hereunder, whether or not the likelihood of such losses or damages was known by us.
    15. ONLINE ACCESS AND INSTRUCTIONS FOR BUSINESS CUSTOMERS
      1. Authorized Business Representatives can obtain balance and posted transactions information on Eligible Accounts and can schedule recurring, one-time or future dated Transfers of funds between eligible Business Accounts and/or Eligible Loan Accounts subject to the limitations on Transfers and other terms set forth in this Agreement. Balance and activity information as of the close of the previous Business Day will normally be available by 11:00 AM EST the next day.
      2. Authorized Business Representatives can access Eligible Accounts through Online Banking for Business seven days a week. Any same day or one time transfer between Checking, Savings, and Loan(s) accounts by an Authorized Business Representative before 7:00 PM EST on a Business Day is posted to the Business Account and/or Eligible Loan Account the same day. Any same day or one time transfer initiated by an Authorized Business Representative after 7:00 PM EST on a Business Day or at any time on a Saturday, Sunday or banking holiday will be posted on the next Business Day. All future dated or recurring transfers scheduled for a Business Day will be posted on that date; all future dated or recurring transfers scheduled for a Saturday, Sunday or banking holiday will be posted on the following Business Day. While one-time, future dated or recurring transfers can be modified or deleted under certain circumstances, after a Transfer has been processed electronically, the Transfer request cannot be reversed. Any same day or one time transfer to Credit Cards by an authorized Business Representative before 3:00 PM EST on a Business Day will post to the Credit Card the same day. Any same day or one time transfer to a Credit Card initiated by an Authorized Business Representative after 3:00 PM EST on a Business Day or at any time on a Saturday, Sunday or banking holiday will be posted on the next Business Day.
      3. All future dated or recurring transfers scheduled for a Business Day will be posted on that date; all future dated or recurring transfers scheduled for a Saturday, Sunday or banking holiday will be posted on the following Business Day. While one-time, future dated or recurring transfers can be modified or deleted under certain circumstances, after a Transfer has been processed electronically, the transfer request cannot be reversed.
      4. Any transaction that requires approval by a second Authorized Business Representative will be considered to be in a Drafted status and will not be acted upon by Mercantile until the required approval is electronically obtained and in an Authorized status.
      5. Any request, such as for a photocopy or stop payment, will be automatically forwarded to the appropriate transaction processing area for fulfillment. Any fees that are described in the Agreement will be applicable.
    16. ONLINE BILL PAY SERVICE
    17. (For Consumers and Business Customers)
      1. Introduction
      2. Mercantile is pleased to offer our Online Banking Web Bill Payment Service as a feature of Mercantile's Online Banking Service. You may use this Online Bill Pay Service to pay your bills, view ebills online, send or receive electronic messages to/from Mercantile and access your Mercantile accounts. Further details concerning the Online Bill Pay Service are provided below. The Bill Payment Service is offered by Mercantile through iPay Solutions ("iPay"). Mercantile and/or iPay reserve the right to deny enrollment in the Bill Payment Service at any time or deny access to any account chosen for use in the Bill Payment Service for any reason at any time.

      3. Bill Payment Scheduling
      4. When scheduling payments you must select an Estimated Arrival Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select an Estimated Arrival Date that is at least one (1) Business Day before the actual Due Date. When scheduling payments, you will be shown the earliest possible Estimated Arrival Date your payment can be scheduled for each Biller. The number of Business Days in advance of the Estimated Arrival Date that payments must be scheduled for processing may vary by Biller between one (1) and four (4) Business Days. Some Billers may have made special arrangements with us to receive payments in less than four Business Days. You may change the Estimated Arrival Date shown for any Biller to a later business date of your choice when you schedule payments to them. For Rush Delivery there will be an additional fee (disclosed within the Online Bill Pay Service) in addition to the payment amount. For Check Rush Payments the fee will be debited on the process date and the funds will be released once the payee cashes the check. For Electronic Rush Payments the fee and funds for the payment will appear as two separate debits on the Bill Pay Account on the process date. User(s) must accept the Fee Debit Authorization prior to submitting the Rush Payments. Payments where the Biller requires payment stubs, coupons or remittance slips may require additional time to post, as Online Bill Payments do not provide such documentation. If you are aware that a Payee requires such documentation, you agree to select an Estimated Arrival Date to the Biller at least five (5) Business Days in advance of the Due Date. Occasionally a Biller may choose not to participate in the Online Bill Pay Service, or may require additional information before accepting payments. The Service will work with these Billers to encourage them to accept electronic or check payments from the Service. If we are unsuccessful, or if we determine that the Biller cannot process payments in a timely manner, we may decline future payments to such Biller.

        YOU MUST COMPLY WITH THE BILL PAYMENT SCHEDULING INSTRUCTIONS OR ASSUME ALL RISK PERTAINING TO FINANCE OR ANY OTHER CHARGES THAT THE PAYEE/MERCHANT MIGHT IMPOSE.

      5. Online Banking and Bill Pay Guarantee
      6. Due to circumstances beyond the control of the Bill Payment Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Bill Payment Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

      7. Payment Authorization and Payment Remittance
      8. By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Payment Service to follow the Payment Instructions it receives through the payment system. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data or data formats in accordance with Biller directives. The Bill Payment Service may impose an Individual Payment Limit on payments you attempt to schedule. In the event that a payment you are attempting to schedule exceeds the Individual Payment Limit of the Bill Payment Service, you will be notified at the time you attempt to schedule the payment and will be asked to resubmit your request. Furthermore, the Individual Payment Limit may be modified by the Bill Payment Service from time to time, without prior notice. When the Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Bill Payment Account and remit funds on your behalf so the funds arrive as close as reasonably possible to the Estimated Arrival Date designated by you. You also authorize the Service to credit your Bill Payment Account for payments returned to the Bill Payment Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Bill Payment Service.

        The Bill Payment Service will use its best efforts to make all your payments properly. However, the Bill Payment Service shall incur no liability and the Consumer Online Banking and Bill Pay Guarantee (SEE ABOVE) shall be void if the Bill Payment Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

        1. If, through no fault of the Bill Payment Service, your Bill Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
        2. The payment processing center is not working properly and you know or have been advised by the Bill Payment Service about the malfunction before you execute the transaction;
        3. You have not provided the Service with the correct Bill Payment Account information, or the correct name, payee amount, address, phone number, or account information for the Payee; and/or,
        4. Circumstances beyond control of the Bill Payment Service (such as, but not limited to, fire, flood, interruption of telephone service, telecommunications facilities, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
        5. Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed from your Bill Payment Account or causes funds from your Bill Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Bill Payment Service shall be responsible for returning the improperly transferred funds to your Bill Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

      9. Payment Methods
      10. The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment or a laser draft payment.

      11. Payment Cancellation Requests
      12. You may cancel or edit any Scheduled Payment (including Recurring Payments). There is no charge for canceling or editing a Pending Payment in a Scheduled status. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

      13. Stop Payment Requests
      14. The Bill Payment Service's ability to process a stop payment request will depend on the payment method. The Service may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you wish to stop a payment before its Estimated Arrival Date, but it no longer appears as a Pending Payment with a status of Scheduled, please call or 1-800-453-8700 to determine whether such payment can be stopped.

        Consumers - For more information on your rights and obligations concerning stop payments, 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 onlinesupport@mercbank.com.

      15. Prohibited Payments
      16. Payments to Billers outside of the United States or its territories are prohibited through the Service.

      17. Exception Payments
      18. Tax payments, payments to settle securities transactions, and court ordered payments may be scheduled through the Bill Payment Service; however, such payments are discouraged and must be scheduled at your own risk. In no event shall the Bill Payment Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Consumer Online Banking and Bill Pay Guarantee as it applies to any late payment related charges is voided when these types of payments are scheduled and/or processed by the Bill Payment Service.

    18. E-BILLS/BILL DELIVERY AND PRESENTMENT
    19. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of Online Bill Pay's electronic bill options, you also agree to the following:

      1. Information provided to the Biller
      2. The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. You will need to contact the Biller directly for any changes. Additionally it is your responsibility to maintain all usernames and Passwords for all electronic Biller sites.

      3. Activation
      4. Upon activation of the electronic bill feature the Bill Payment Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills. Some Billers provide you with terms and conditions which may affect your request to receive electronic bills. You should read these terms and conditions. However, such terms and conditions are under the control of the Biller and not part of this Agreement. In some cases, we may obtain the electronic bill from the web site of the Biller. To do so, we will ask you for information needed for this purpose, such as any required password. When you provide us this information, you authorize us to access the third party web site to retrieve the account information on your behalf, and you appoint us your agent for this limited purpose.

      5. Notification
      6. The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within Online Bill Pay, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to Online Bill Pay and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills. Please be advised that you may be running software or have an Internet Service Provider (ISP) that attempts to block SPAM e-mail. Depending on the parameters that have been established, this may block the e-mail notification as part of the Bill Presentment Service and it is your responsibility to work with your ISP and/or change the settings in your software to allow the e-mail notification process to function properly. This does not inhibit the presentation found within the Payments tab on Online Bill Pay and therefore the status of your e-Bills can always be found within the Service.

      7. Cancellation of electronic bill notification
      8. The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Bill Payment Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

      9. Non-Delivery of electronic bill(s)
      10. You agree to hold the Bill Payment Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

      11. Accuracy and dispute of electronic bill
      12. The Bill Payment Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly. This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

      13. Exclusion of warranties
      14. ONLINE BILL PAY 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.

      15. Failed or returned transactions
      16. In using Online Bill Pay, you are requesting the Bill Payment Service to make payments for you from your Bill Payment Account. If we are unable to complete the transaction for any reason associated with your Bill Payment Account (for example, there are insufficient funds in your Bill Payment Account to cover the transaction), the transaction will normally not be completed. In the event we do allow a withdrawal for which there is not sufficient available funds, we may exercise all rights available to us under the "Withdrawals" sections of the Account Agreement.

        The Online Banking and Bill Pay Guarantee does not apply to any of the transactions described in this paragraph.

      17. Biller limitation
      18. Mercantile reserves the right to refuse to pay any Payee to whom you may direct a payment. Mercantile will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

      19. Returned payments
      20. In using Online Bill Pay, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Bill Payment Account. You may receive notification from the Bill Payment Service. The Online Banking and Bill Pay Guarantee does not apply to any of the transactions described in this paragraph.

      21. Information authorization
      22. Your enrollment in Online Bill Pay may not be fulfilled if the Bill Payment Service cannot verify your identity or other necessary information. Through your enrollment in Online Bill Pay, you agree that the Bill Payment Service (either Mercantile or iPay) reserves the right to request a review of your credit rating at its own expense from a consumer reporting agency. In addition, you agree that the Bill Payment Service (either Mercantile or iPay) reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

    20. Online Deposit
    21. This Agreement is between you and the Bank. It governs your deposit and the Bank's processing of Checks through Online Deposit, as described below. You agree to the following terms and conditions:

      1. Duties and Responsibilities of the Bank
        1. Use of Services
        2. Under the terms and conditions of this Agreement, Bank hereby grants to you a non-exclusive ability to utilize the Services through the Internet to deposit checks. Bank may place limits on the daily or monthly dollar volume of Checks or number of Checks allowable in using Services.

        3. Processing
        4. Bank will process Checks that you submit and the Bank receives through the Service. Bank receives the Checks once you have submitted the Checks properly and have received a confirmation number through the Service. Checks submitted by you through the Service in accordance with Bank's internal procedures and all State and Federal laws during any Business Day, subject to the cutoff time of 5pm EST. Checks received by the Bank after the cutoff time or on a day that is not a Business Day will be processed and deposited on the next Business Day. Availability of funds deposited on a Saturday via the Service will be processed on the next Business Day that the U.S. Federal Reserve transacts business. Bank will not examine Checks to verify any data or dates. Bank will process the Check according to the amount entered by you, if applicable, or by the numeric amount shown. If the numeric amount is unclear, Bank may process the Check according to the written amount, and Bank may correct the amount entered by you Customer. If the Check is ambiguous, Bank will return the check as an exception. Checks made payable to you or any reasonable derivation thereof are acceptable for deposit. If a Check does not have the necessary information to be processed by Bank, then Bank will treat the Check as an exception. If a Check is treated as an exception, it will be forwarded by Bank to you, and not deposited or otherwise reflected in your Designated Account. Bank will disregard any notation on a Check containing "paid in full" or other restrictive notation, whether preprinted or handwritten, and treat any such Check as though such notation did not appear thereon. Except as otherwise provided in this Agreement, the funds availability provisions of Regulation CC shall apply to all Checks. The place of deposit shall be the Bank's branch in Wyoming, MI. Bank reserves the right to reject any Check or item deposited through the Service.

      2. Duties and Responsibilities by You
        1. Use of Service
        2. When using the Service, you shall: (i) submit only valid Checks payable to you; (ii) create an image of each Check that accurately represents all information on the front and back of the original Check, contains all endorsements applied to the Check, and all MICR line and other information required to create a Substitute Check; (iii) use the written amount of the Check when entering the amount of the check in the appropriate data field; (iv) immediately after imaging each Check, mark the front of the original Check stating "This check has been converted to an electronic image"; and (v) destroy all original Checks by use of a cross-cut shredder (or document destruction service acceptable to Bank) after sixty (60) days. The procedures for use of Service may be updated from time to time by Bank and shall be binding upon you.

        3. Software, Internet, and Hardware
        4. You will comply with all software, internet and hardware requirements necessary for use of Service.

        5. Fee for Services
        6. Currently, Bank does not charge a fee for the Service. However, Bank reserves the right to charge a fee at anytime in the future. You agree that Bank can charge and collect a fee for the Service if Bank provides you with written notice at least 30 days before charging the fee. You also agree that Bank can change any established fee for the Service if Bank provides you with written notice at least 30 days before implementing the fee change."

        7. Covenants
        8. You agree that, upon Bank's request, you will promptly provide Bank with your financial information, financial records and all documents and information in anyway relating to Checks or Service. You represent and warrant that all Checks submitted through the Service and all images of such Checks are and at all time have been: (i) valid, bona fide and existing obligations of the payor of the Check; (ii) free of any liens or claims; (iii) authentic and not counterfeit, forged, altered or fraudulent; (iv) comply with all transfer and presentment warranties; and (v) comply with all applicable law, regulation, rules and technical standards.

        9. Cooperation in Loss Recovery Efforts
        10. In the event of any damages for which you may be liable or Bank is liable to a third party pursuant to the Service provided under this Agreement, you will undertake reasonable efforts to cooperate with Bank, as permitted by applicable law, in performing loss recovery efforts and in connection with any actions that the Bank may be obligated to defend or elects to pursue against a third party (such as, but not limited to, any lost, incomplete, unusable or allegedly altered, forged or counterfeit Check).

      3. Limitation of Liability
        1. Warranty Disclaimer
        2. With respect to the Service, the Bank does not make any express or implied representations or warranties and specifically disclaims all warranties of merchantability and fitness for a particular purpose. The Bank does not represent or warrant that the Service will be suitable for you or that they will be compatible with your software, communication devices, or other equipment.

        3. Limitation of Liability
        4. The Bank shall not be liable for any loss to you that is not the result of the Bank's gross negligence or willful misconduct. In no event shall the Bank be liable for any consequential, indirect, incidental, special or punitive damages or any lost profits or loss of opportunity or goodwill, even if the Bank is aware of the possibility of such damages. Under no circumstances shall Bank be responsible for any liability, loss or damage resulting from any delay in performance of or failure to perform in connection with the Service which is caused by interruption of telephone, telefacsimile or communication facilities, delay in transportation, equipment breakdown or mechanical malfunction, electrical, power or computer failure, accidents, fire, flood, explosion, theft, natural disaster or other catastrophe, acts or failure to act by you or any third party, strikes or lockouts, emergency conditions, riots, war, acts of government or other circumstances which are unavoidable or beyond Bank's control. Bank shall not be liable for failure to perform any of its obligations in connection with the Service if such performance would result in it being in breach of any law, regulation or requirement of any governmental authority. If Bank fails to credit any of your accounts upon discovery or notification of such error, Bank will properly credit such account, but Bank shall not incur any liability therefore, including any loss resulting from failure by you to invest the amount of funds not properly credited to the account.

        5. Indemnity
        6. You agree to indemnify and hold harmless Bank for all losses, damages and expenses, including reasonable attorney fees, resulting from your wrongful act or omissions, breach of any provision of this Agreement, breach of any applicable law or regulation, negligence or willful misconduct.

      4. Security Procedures
      5. Certain Security Procedures designed to verify the origination (but not errors in transmission or content) of instructions, orders and other communications sent by Bank and you might be used in connection with the Service. You agree that any such mutually agreed-upon Security Procedures shall be deemed commercially reasonable. Bank shall not be obligated to act on a communication not transmitted in accordance with the Security Procedures and may refuse to act on any communication where Bank reasonably doubts its authorization, contents, origination or compliance with the Security Procedures. Bank shall have no duty to discover, and shall not be liable for, errors or omissions by you. If Bank complies with the Security Procedures in respect of a communication, Bank shall be entitled to act on that communication and shall not be obligated to verify the content of such communication, establish the identity of the person giving it, or await any confirmation thereof, and Bank shall not be liable for acting on, and you shall be bound by, any communication sent in your name, whether or not authorized. Bank reserves the right to issue new Security Procedures and/or to cancel or change any Security Procedures from time to time. Whenever the Security Procedures include the assigning to you of any confidential password, logon identification, identification code, personal or location identification number, repetitive code, or similar security device, you shall not disclose such security device except to agents authorized to act for you in connection with the Service. You shall implement such safeguards as are reasonably necessary to ensure the confidentiality and integrity of such security devices, and shall immediately notify Bank if the confidentiality or integrity of any such security device is breached or threatened. You shall be solely responsible for the safekeeping of such security devices and assume all risk of accidental disclosure or inadvertent use of such security devices by any party whatsoever, whether such disclosure or use is on account of your negligence or deliberate acts or otherwise. Bank shall not be liable for any loss or damage resulting from fraudulent, unauthorized or otherwise improper use of any security devices.

      6. Intermediaries
      7. Bank may act on any communication and provide Service using any payment system or intermediary organization it reasonably selects. Bank's performance of Service is subject to the rules and regulations of any such system or organization. Bank may engage third parties to provide Service. Bank shall have no obligation to disclose arrangements with third parties to you or obtain your consent thereto. You authorize the transfer of information relating to agents of Bank for use in connection with Service or as required by law.

      8. Notices
      9. Any notice or other communication may be sent by Bank to you at your postal, e-mail, telefacsimile or other address provided by you to Bank, and Bank may assume that any notice or communication sent to you at any such address has been received by you, until you notify Bank in writing of another address.

      10. Discrepancies
      11. You shall promptly notify Bank in writing (no later than 60 days after we sent the first statement on which the problem or error appeared) of any error in connection with the Service. You will detail any discrepancies between any records maintained by you and any notice you receive from Bank with respect to the Service, and shall provide Bank with any information it may reasonably request in connection therewith. Bank shall have the right to correct the amount in the data field for any Check that has an incorrect amount to be consistent with the image of the Check. Notwithstanding the foregoing, if Bank at any time discovers that the legal amount of the Check is different than the amount that has been credited to your Account, Bank will make the necessary adjustment to the Account to correct the discrepancy.

      12. Fiduciary Status
      13. Nothing contained herein shall be deemed to create fiduciary status on the part of Bank in connection with the provision of the Service. This Agreement does not create any agency, partnership, joint venture or any other association with you.

      14. Termination
      15. Either party may terminate the Service at will. All other provisions and responsibilities outlined in this Agreement survive beyond termination of Services.

      16. Governing Law
      17. Except to the extent superseded by Federal law, the provision of Service shall be governed by the laws of the state of Michigan.

      18. Waiver of Jury Trial
      19. You and Bank waive all rights to trial by jury in any litigation or other proceeding arising out of or relating to this Agreement or the Service.

      20. General
      21. This Agreement supplements the terms of the Account agreement. This Agreement and the Account agreement are the entire agreement between the Bank and you with respect to the subject matter of the Agreement and supersede any prior agreements or representations. In the event of any inconsistency between this Agreement and the Account agreement, this Agreement will govern. You may not assign or transfer this Agreement without the Bank's written consent. Bank may transfer or assign this Agreement without your consent. This Agreement shall bind and benefit the Bank, you and your successors and assigns. This Agreement should not benefit any third party. Section headings are used for convenience only and do not affect the meaning of this Agreement. The Bank's failure to enforce any right under this Agreement shall not constitute a waiver of any future rights or excuse your subsequent breach of the same obligation. If a court of competent jurisdiction finds any provision of this Agreement unenforceable, the remaining provisions shall continue in full force and effect.

    22. ALERTS
    23. Mercantile's Alert Service enables you to receive notices from time to time concerning available balance, certain transaction information and other information relating to your Mercantile account(s) which are eligible for the service. You may select the type of alert you wish to receive and the method of delivery of the alert for one or more of your Eligible Accounts. By using the Alerts Service, you acknowledge that you are aware of and agree to abide by the following terms and conditions:

      1. Alerts allow you to request and receive messages regarding certain activity in your accounts with Mercantile that are eligible for the service. We will send Alerts to you based upon the instructions you provide to us. Changes to your instructions must be received and recorded by Mercantile. You hereby acknowledge and accept that Alerts are sent to you without being encrypted and may include your name and information pertaining to your Mercantile account(s). You authorize Mercantile to deliver information to the contact information you provide to us, even though a person not an owner on your account may access the message (such as someone who can open your e-mails or access your wireless device). You may elect to receive alerts through an e-mail account that is accessed via a personal computer connection or by a text-enabled phone or other wireless communications device. Mercantile's Alerts may be affected by the terms and conditions of your agreement(s) with your telephone carrier and/or internet service provider. It is your responsibility to determine if your cellular phone service provider supports text messaging and your telephone is capable of receiving text messages. You are responsible for any fees imposed due to your use of Alert by your telephone service or Internet service provider. If you have directed us to communicate with you at a cell phone or other wireless communications device, you consent to receiving alerts at such cellular or other wireless communications device and you acknowledge that you may incur a charge from your cellular or other communications service provider for the communication of the alert.
      2. You acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your communications service provider(s) and other factors outside our control. We neither guarantee the delivery or the accuracy of the contents of Alerts. You agree to not hold liable Mercantile, its directors, officers, employees and agents for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from:
        1. non-delivery, delayed delivery, or the misdirected delivery of Alerts;
        2. inaccurate or incomplete content in Alerts; or
        3. your reliance on or use of the information provided in an Alert for any purpose.

        Mercantile provides Alerts as a convenience to you for information purposes only. Alerts do not constitute a bank record for the account to which it pertains. Mercantile reserves the right to terminate Alerts at any time without prior notice to you. Mercantile also reserves the right to begin charging a fee for the service after providing to you notice of the fee. Nothing contained herein shall amend, supersede or nullify anything contained in any other agreement you have made with Mercantile. We may add new alerts from time to time, or eliminate existing alerts. If you have opted to receive an alert that is to be eliminated, we will notify you of the cancellation of an alert or other discontinuance of service. You agree that we may provide all notifications concerning changes to the service by electronic means, which may include posting any changes on the Online Banking welcome page.

    24. ACCOUNT DELEGATION (BUSINESS CUSTOMERS ONLY)
    25. Account Delegation allows Business Customers ("CSAs") to grant online account access to other individuals ("Non Company System Administrators"). Any designated CSA's has sole discretion to authorize Non Company System Administrators to have Internet access to all or only part of the Online Banking Service that the CSA's can access.

      If you are a Bank customer who has authorized Non Company System Administrator access, you understand and agree that you are solely responsible for the delegation, review, modification and revocation of authority to any Non Company System Administrator and you shall be liable for all actions of any Non Company System Administrator. You hereby authorize and direct the Bank to provide to your Non Company System Administrators the financial information about you contained in the account information your Non Company System Administrator(s) will be authorized by you to access.

      1. Creation of Non Company System Administrators
      2. In accordance with the terms of this Agreement, as a Bank customer, you may authorize and direct the Bank as follows:

        • to permit access to your account information by one or more Non Company System Administrators designated by you;
        • as to which of your accounts each such Non Company System Administrator may access determined by the CSA(s); and,
        • with respect to any restrictions on the degree of access for such Non Company System Administrator in accordance with parameters which may be established by the Bank from time to time.
      3. Non Company System Administrator Log-In IDs and Passwords
      4. If you are a Bank customer who has authorized access to a Non Company System Administrator, you will be responsible for assigning Log-in IDs and Passwords to each Non Company System Administrator. You authorize us to follow any instructions entered through Online Banking using such Log-in IDs and Passwords, including replacement Passwords.

        You agree to distribute all Login IDs and Passwords to any Non Company System Administrator(s) and assure the confidentiality of all Login IDs and Passwords. Each Non Company System Administrator will be required to change his/her Password upon the first attempt to access the authorized accounts. You agree that Non Company System Administrators will not give their Log-in IDs or Passwords, or make them available, to any other person. You are solely responsible for use and control of Passwords issued to Non Company System Administrators. Because Log-in IDs and Passwords can be used to access funds in any of your Accounts accessible via Online Banking and to access information about any of your Accounts, subject to limitations set by the CSA, you are responsible for the CSA and the Non Company System Administrators treating their Log-in IDs and Passwords with the same degree of care and secrecy that you use to protect other sensitive financial data, but not less than reasonable care. You acknowledge and agree that Mercantile is not responsible for transactions performed by unauthorized individuals using your or your Non Company System Administrators valid Log-in IDs and Passwords. Online Banking access will be suspended for 60 minutes in the event a Password is entered incorrectly on three (3) consecutive access attempts. If this happens to the CSA and immediate access is needed, please contact us at 1-800-453-8700. If this happens to a Non Company System Administrator, he or she can contact their company CSA who can re-enable access or Mercantile at the number above. The access of any Non Company System Administrator will be terminated (i) in its entirety, as a result of the failure of the Non Company System Administrator to consent to the then current version of this Agreement; or (ii) with respect to the applicable accounts, (a) as a result of the failure of the authorizing Bank customer to consent to the then current version of this Agreement, or (b) the Bank customer revoking or limiting the access of the Non Company System Administrator. We assume no responsibility to discover, audit or report to you any possible breach of security by your agents or Non Company System Administrators, or unauthorized disclosure or use of your Non Company System Administrator(s) Login IDs or Passwords. In the event that you suspect any compromises of security (whether or not involving your employees, agents, or Non Company System Administrators), you shall promptly notify us by calling 1-800-453-8700.

    26. MERCANTILE CREDIT CARDS
    27. Mercantile Bank is the issuer of Mercantile credit cards. Within Mercantile Online Banking, Mercantile credit card customers can: view account and transaction details, make a payment on a credit card, download transaction data and view online statements. Some or all of these services may not be available for some credit card accounts. In addition, Mercantile credit cards are not Eligible Accounts (as defined in this Agreement) for all Online Banking Services described in other sections of this Agreement.

      The general terms and conditions of this Agreement apply to your online activities concerning your credit card account(s), except where this Agreement conflicts with the terms and conditions of your credit card agreement and disclosures, in which case the terms and conditions of your credit card agreement and disclosures apply.

    28. ONLINE DELIVERY OF BANKING STATEMENTS
    29. (For Consumers and Business Customers)
      1. Introduction
      2. Mercantile is pleased to offer our Online Banking Statement Service as a feature of Mercantile's Online Banking Service. You may use this Online Banking Statement Service to receive and view account statements online and cancel paper statements if you so choose. Further details concerning the Online Banking Statement Service are provided below. The provisions of this agreement are applicable upon enrollment and activation for the Mercantile Bank Online Statement and Notice service. By agreeing to these terms and conditions you are enrolling into a program that allows you to receive your statements and notices electronically. Please note that your receipt of online statements does not alter your obligation to review your statements promptly and notify the bank of any errors or concerns. Additionally, by consenting to receive online statements you are also agreeing to receive other electronic notices, disclosures and communication; delivery of some disclosures, however, does not require the bank to deliver all disclosures electronically.

      3. Statements Available Electronically
      4. By agreeing to this consent form, you may receive one or more of the following documents electronically:
        1. Checking Statement
        2. Savings Statement
        3. Money Market Statement
        4. Loan Statement
        5. Repurchase Account Notice
        6. Credit Card Statement
        7. Notices
        8. Other documents made available electronically by Mercantile Bank
      5. Applicable Fees
      6. Online statements are free of charge. Other fees are documented in the applicable consumer or business Service Charge Disclosure. Prices and services are subject to change from time to time. There is no fee to withdraw your consent to online statements and again receive paper statements; however there may be a duplicate statement fee for business accounts if you elect to receive both electronic and paper statements and notices.

      7. Withdrawal of This Consent
      8. You may withdraw this consent at any time after submission by calling us at 1-800-453-8700 or by un-enrolling in the Online Banking Service. To un-enroll via the Online Banking System, click the ‘Statements and Notices’ link then the “Statements” tab and then select the “Preferences” tab and choose the accounts you wish to un-enroll. When you withdraw consent you will again receive paper statements and notices for the selected accounts. Mercantile Bank reserves the right to terminate the electronic delivery of the online statement at its sole discretion. If electronic delivery ceases, then paper delivery will resume to the street address we have on record for the account.

      9. System Requirements
      10. To receive the requested statements electronically, at a minimum, you will need:

        1. A web browser with 128-bit encryption (such as Internet Explorer version 9.x or higher).
        2. Access to a printer or the ability to download information (which will require sufficient hard-drive space) in order to keep copies for your records.
        3. Adobe Acrobat Reader 10.0 or higher
      11. Statement Delivery
      12. With the Online Statement and Notice service, you may request the convenience of receiving your statement(s) and notices electronically at Mercantile Bank's Online Banking web site. Discontinuation of paper statements will eliminate delivery of the paper statement and check images that may be enclosed with that statement. If you select and activate this option, you must then log on to Mercantile Bank's secure Online Banking web site using your Online Banking password and user ID to review the new statement. You agree that our posting of the statement at the Online Banking web site constitutes delivery of the statement to you. You agree to log on to the Online Banking web site to review your statements and notices.

        Both PDF and HTML versions of the statement and notice will be made available. Some marketing and promotional materials may not be available with the online statement. Your statement and notice, together with any legal notices about your account, will remain available online for up to 24 months. You may also print the statements or download to your own system. The electronic version of the statement will be the legal statement of record. It is your responsibility to maintain a working User ID and Password to enable you to sign on to Mercantile Bank's Online Banking service to view your statements and notices. If you need assistance with your User ID or Password, you can call us at 1-800-453-8700 or send us an e-mail at onlinesupport@mercbank.com between 8:00 am and 6:00 pm Eastern time Monday through Friday, 9:00 am - 1:00pm Saturday.

      13. Electronic Notification
      14. In order to deliver notifications of new statements and notices, you must notify us of any change in your e-mail address(es). You can change the e-mail address(es) for the statement and notice notification at any time by accessing and editing your Preferences within the Online Banking website. Mercantile Bank is not responsible for e-mail delivery failures beyond our control, including, but not limited to, Internet Service Provider outages, hardware or software failures, interruption of telephone service, telecommunications facilities or interference from an outside source. Depending upon your computer's spam filter, you may wish to add MercBank_statements@mercbank.com to your e-mail address book.

      15. Combined Statements
      16. Each account is presented separately in its electronic format. If you receive a combined paper statement for your accounts and you want to receive Online Statements only for all of your accounts, you must enroll each account for the service. If you do not select to receive an Online Statement only for each account on a combined statement, you will continue to receive a paper statement for those accounts that you did not enroll.

      17. Joint Accounts
      18. If the account(s) for which you wish to receive online statements and notices is a joint account, you agree that transmission of any e-mail notice to the e-mail address(es) that have been supplied for that account constitutes fulfillment of Mercantile Bank's notification obligations (if any) on behalf of all account owners. All joint owners will be able to access the statements and notices for activated accounts through Mercantile Bank's Online Banking service, and the consent of a single account owner is sufficient to activate the account. By viewing the online statement or notice of a previously activated account, you agree to the terms and conditions of this section.

    30. COMMUNICATION BETWEEN BANK AND YOU
    31. Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

      E-mail -You can contact us by e-mail at onlinesupport@mercbank.com (Please note that E-mail is not a secure form of communication. Take the necessary precautions to not include confidential information). Telephone - You can contact us by telephone at 1-800-453-8700. Facsimile - You can contact us by fax at (616)-406-3602. Postal Mail - You can write to us at:

      Attn: Internet Banking Department
      Mercantile Bank of Michigan
      5610 Byron Center Ave SW
      Wyoming, MI 49519

      In Person - You may visit us in person at any one of our branch locations.

      Bank deposit products and services provided by Mercantile Bank of Michigan Member FDIC.

      Mercantile Bank of Michigan
      Equal Housing Lender
      www.mercbank.com
      1-800-453-8700