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ELECTRONIC CONSENT AND ONLINE BANKING SERVICES AGREEMENT 


 

This Electronic Consent and Online Banking Services Agreement (“Agreement”) states the terms and conditions that apply when you use The Necedah Bank’s Online Banking Services.  These terms and conditions are in addition to those that otherwise apply to any accounts you have with us or any other services by us for you.  You must also follow all of our instructions, procedures and policies applicable to Online Banking Services.

 

ONLINE BANKING SERVICES FEDERAL E-SIGN DISCLOSURE

 

Before you enroll for Online Banking Services through our website, please read this important information which you are entitled to receive before consenting to electronic delivery of this Agreement, future amendments and other related notices.

 

Acceptance and Amendments to this Agreement

By clicking the “Accept” button, you consent to the electronic delivery and receipt of information relating to your account(s) with us that you access using the Online Banking Services, including this Online Banking Services Agreement, and other agreements related to the Online Banking Services, including but not limited to, Specific Service Agreements (Bill Pay, Electronic Document Delivery, and Mobile Banking), amendments to such agreements that we provide, and/or are required by Applicable Law or regulation to provide to you in writing (“Electronic Information”).

 

Your electronic consent is your acknowledgement that you have read this Agreement in electronic form and agree to all of the terms of this Agreement governing your use of the Online Banking Services.  You also confirm that you are authorized to consent to all of these matters on behalf of all persons with access to your accounts.

 

We may amend this Agreement at any time.  We will comply with any notice requirements under Applicable Law for such changes.  If Applicable Law does not specify any notice requirements for the change, we will decide what kind of notice we will give you and the method of providing any such notice.  Methods may include without limitation, posting them on our Website, transmitting them to you at the e-mail address you have provided to us, or including them in a statement.

 

Right to Receive Paper Copies

You may request and receive a paper copy of the Agreement, amendments to the Agreement and any other Electronic Information without cost to you.  If you wish to request a paper copy, please contact us as follows:
 

·         By calling us at 1-608-565-2296

·         By writing us at The Necedah Bank, ATTN:  Customer Service, P.O. Box 490, Necedah, WI  54646

·         By sending e-mail communication through the secure mail link in Online Banking or using a general e-mail addressed to contactus@thenecedahbank.com

 

You may access and print a copy of this agreement on the bank’s website (http://www.thenecedahbank.com) under the “Terms and Conditions” link.

 

Right of Consumers to Decline and/or Withdraw Consent for Electronic Information

You may choose not to consent to receipt of Electronic Information.  If you do not electronically consent by clicking “Accept”, or if you click the “Decline” button, you are indicating that you do not consent.  If you do not consent, you will not be permitted to use Online Banking Services.

 

You have the right to withdraw your consent to receive Electronic Information through Online Banking at any time.  If you withdraw your consent, you also terminate your right to use Online Banking Services.  To withdraw your consent, contact us in the manner provided above. 

 

Changing your E-mail Address

You must promptly notify us of any change in your e-mail address.  You may change your e-mail address by updating the address under the “Profile” tab in Online Banking, calling Customer Service at 1-608-565-2296, or contacting us through the secure mail link in Online Banking.

 

Hardware and Software Requirements

In order to access the Online Banking Services and access and retain this Agreement, Amendments and other Electronic Information, you must have:

·         A computer

·         An Internet Connection

·         A Web browser that supports 128-bit or higher encryption 

o   Internet Explorer 8 or higher

o   Mozilla Firefox

o   Google Chrome

o   Safari 5.1.7 or higher

·         Adobe Acrobat Reader Versions 9.x and 10.x to open or view electronic documents

 

This Consent Does Not Apply to Periodic Statements

Your consent applies to all communications from us relating to your accounts with us and remains in effect until you withdraw your consent.  This consent does not apply to electronic delivery of your account periodic statements.  Statements may be received electronically by opting in to the E-statement service after you have successfully logged on to the Online Banking Service.

 

EXPLANATION OF CERTAIN TERMS

For purposes of this Agreement, the following terms and all variations thereof (including the singular, plural, and possessive and the past, present, and future tense) shall have the following meanings;

 

“Agreement” means this Electronic Consent and Online Banking Services Agreement and any amendments made in accordance with the provisions of this Agreement.

 

“Applicable Law” means the constitutions, statues, codes, ordinances, rules, regulations, orders, decisions, judgments and decrees of any governmental authority of the State of Wisconsin and any other governmental authority having jurisdiction over the Parties.

 

“Bank”, “we”, “us”, and “our” mean The Necedah Bank and any other person or legal entity whom we designate to provide Online Banking Services.

 

“Business Account” means an account that is not a Consumer Account.

 

“Business Day” means every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.

 

“Consumer Account” means an account established primarily for personal, family or household use. 

 

“Customer”, “you”, and “your” mean an individual person or business entity that we permit or they permit to use Online Banking Services.

 

“Online Banking Services”, “Online Banking”, and “Service” shall mean and refer to such services provided by the Bank from time to time through the website or through any Required Technology.  Such services may include but are not limited to:  Online Account Services, Funds Transfer Services, Mobile Banking Services, Online Statement Services, Stop Payment Services, and Bill Pay Services.

 

“Party” means one or more of you and us.

 

“Required Technology” means the computer and communications hardware, software, web internet access, communications services, or other technology necessary to access and use Online Banking Services in accordance with this Agreement.

 

“Website” shall mean www.thenecedahbank.com and any internal web page linked from the foregoing site and established and maintained by The Necedah Bank.  The term “Website” shall not include any website not controlled and maintained by The Necedah Bank.

 

 

ONLINE BANKING SERVICES AGREEMENT

 

When you use our Service or you permit any other person to use our Service, you agree to the terms and conditions we have set out in the Agreement.  Please refer to the online help and instructions on how to use our Online Banking Services.  Such instructions are part of this Agreement.  Please note, during your use of the Online Banking Services, we may provide you with additional requirements and limitations regarding the use of services through the system by which we provide Online Banking Services.  You agree to be bound by any and all such additional requirements and limitations.  You also agree to be bound by any and all of our published policies and procedures, whether published on the Website, through the Service, or otherwise.  Any and all such policies and procedures shall be a part of this Agreement.

 

This Agreement supplements other agreements between us, including, without limitation, your checking, savings, and other deposit account rules and agreements, as well as line of credit and loan agreements provided to you at the time you opened your accounts (“Account Opening Disclosures”).  Except as otherwise provided in this Agreement, if there is a conflict between the provisions of this Agreement and the Account Opening Disclosures, this Agreement will control as to any conflict relating to the Online Banking Services and access to your accounts via the Internet using a computer.  In the event of a conflict between the terms and conditions of this Agreement and disclosures provided electronically within the Service and relating to specific features of the Service, such as disclosures found in help screens or enrollment screens, the provisions relating to specific features of the Service, such as those in help screens and enrollment screens, will control. 

 

You understand and agree that we may, and you authorize us to, provide Online Banking Services through one or more third party vendors.  This Agreement does not apply to services provided under separate agreements with third party vendors that do not specifically reference this Agreement or that are not specifically referenced in this Agreement.

 

Account Access

To have access to the Online Banking Services, you must have at least one eligible deposit or credit account with us.  Eligible Consumer Accounts or Business Accounts include:  Checking, Savings, Money Market Deposit Account, Certificate of Deposit (CD), Installment Loan, Commercial Loan, Mortgage Loan, Line of Credit. 

 

If an account is owned by more than one person who has requested access to the account using the Service, each account owner will have the authority to perform any task available using the Online Banking Services.

 

If an account that requires two or more signatures to make withdrawals is accessible via the Service or such account is automatically added to the Service, you agree that the verification by two persons will not apply to electronic funds transfers made using the Service.  Any one person with the proper Login Information is authorized to make transfers, even if you require more than one signature on a transfer made by any means other than the Service, such as by use of a check.

 

Access Codes

To use Online Banking Services, you must establish a unique User Name and Password and establish responses to security questions (“Login Information”).  Use of Login Information is the agreed security procedure to access Online Banking Services.  You agree to keep your Login Information confidential to prevent unauthorized access to your accounts and unauthorized use of the Service.  Individuals to whom you disclose your Login Information will have full access to the Service, including full access to your accounts. 

 

You are required to change your password every 12 months. Passwords can be changed via the “Profile” link on the home page located within the service. If your password has expired you will be prompted to change your password upon login.

 

Termination of Access

If you do not access your Online Banking Service, by logging on, for 180 consecutive calendar days, your account will be terminated. This includes any and all services that you have previously setup within the service. For example, if you setup any recurring transactions within Online Banking, the recurring transaction would expire at day 180. If your Online Banking Access Codes do expire you will be required to re-enroll.

 

Types of Online Banking Services

You, or someone you have authorized by giving them access to your Login Information (even if that person exceeds your authority), can instruct us to perform the following transactions:  (a) transfer funds between accounts; (b) provide information that we make available about your accounts; and (c) provide other services or perform other transactions that we allow, as discussed in this Agreement.  You hereby authorize us to process and execute any and all requests, payment orders, or other transactions initiated by you through the Service. 

 

The following are the types of Online Banking Services we may provide under this Agreement:

 

(a)  Account Information.  We may allow you to obtain an overview and history of your accounts with our Service.  You may also view recent online and other account activity for your accounts and send secure messages to us requesting account information or making other inquiries.  Other features we may offer through Online Banking Services are allowing you to change the way information is displayed through the Service, change your password and Login Information, set automated alerts for certain events occurring with respect to your accounts and view your periodic statements and other documents. 

 

(b)  Internal Transfers and Payments.  You may request funds transfers to and from certain of your deposit and loan account(s) with us.  By entering one-time or recurring transfer requests into the Service, you authorize us to process transfers in accordance with the requests that are made.  You must have a sufficient available balance or credit in any account from which you instruct us to make a transfer.  All transfers must be in U.S. dollars. 

 

Each transfer and loan payment request will be posted to the accounts involved on the Business Day on which the transfer is completed.  Each transfer or loan payment made on a non-Business Day or after our Online Banking cut-off time on any Business Day will be considered initiated on the following Business Day.  Our Online Banking cut-off time is 7:00 p.m. Central Standard Time (CST).

 

(c)  Bill Pay Services.  We may allow you to pay bills by electronic transfer or check to any person or business you designate as a payee in any bill payment request sent through the Service.    You may access our Bill Pay Services after logging into Online Banking by clicking on the Bill Payment link.  To use Bill Pay Services you are required to enter into a separate agreement with the third party bill payment provider. 

           

(d)  eBills.  You can receive electronic versions of your paper bills in our Bill Pay Services.

 

(e)  Mobile Banking Services.  We may allow you to access certain of our Online Banking Services through a mobile or smartphone software application.  Certain of our Online Banking Services may be unavailable or limited when you use Online Banking Services with a mobile device or smartphone.  Likewise, certain services made available through the Service using a mobile device may not be made available using a computer.  Please note you will have to comply with any minimum hardware and software compatibility requirements established by any software vendor in connection with any mobile or smartphone software application.  To use Mobile Banking Services, you are required to register each mobile device and smartphone and agree to the Mobile Banking Terms and Conditions.

 

(f)   E-Statements.  Receive electronic periodic statements for your account(s).  Consent to receive periodic statements and agreement with the Electronic Delivery Terms and Conditions is required in order to receive them electronically.

 

(g)  Account Alerts.  Automatic Alerts are sent to you following certain changes you make using tabs within the Service, such as a change in your E-mail address, or Login Information.  Other Account Alerts are sent to you when your account(s) has an event for which you request an Alert via the “Alerts” link located on the Home Page within the Service.  At this time, we are able to send Alerts via text message and e-mail.  Alerts will be sent to you at the current e-mail address or text message number designated in the “Profile” section of the Service.  If your e-mail address or number for receiving Alerts changes, you must change the information within the system.  You understand and agree that Alerts may be delayed or prevented by a variety of factors.  We do our best to provide Alerts in a timely manner with accurate information.  We do not guarantee delivery or occurrence of any Alert.  You agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any Alert, for errors in the content of an Alert, or for any actions taken or not taken by you or any third party in reliance on the Alert.

 

(h)  Stop Payment Services.  We may allow you to initiate stop payment requests on checks through our Online Banking Services.  You may place a stop payment on any check you have written that has not already been presented for payment.  The information on the stop payment request must precisely identify the check number, date, payee, and amount of the check.  If you do not give complete, exact information, we assume no responsibility for stopping payment. 

 

A stop payment order is effective for six (6) months unless renewed through Online Banking or in writing before the expiration of the six (6) months.  If the stop payment request is not renewed before the expiration date, it will automatically terminate, and the Bank is free to pay the check.  In such an instance, you hereby agree to waive any and all claims against us with respect to the stop payment request or the check and you further agree to indemnify and hold us harmless with regard to any and all claims involving the stop payment request and the applicable check.  You agree to pay a stop payment fee identified in our current Bank Services & Fee Schedule, as may be amended from time to time, for each new stop payment request and each renewal of a stop payment request processed through Online Banking.

 

(i)    Data Download.  Subject to specific instructions provided to you by the Service, you may download certain account data to your computer.  We are not responsible for importing the account data into your hardware or software and make no representations regarding the compatibility or importability of the data with or into your hardware or software.  Contact your hardware or software vendor for assistance with these issues.

 

Under federal regulations, you may make no more than six (6) preauthorized electronic fund transfers and telephone transfers, including internet transactions, checks, point-of-sale transactions and check, debit card or similar order to third parties per calendar month from your savings or money market deposit account.

 

Additional Services

Additional services may be added to the Service from time to time.  You may be required to complete additional Enrollment forms and agree to additional terms and conditions to have access to additional services that may be added. 

 

The available services may change from time to time at our sole discretion and the Online Banking Services site updated accordingly.

 

Fees and Expenses

You are required to pay us for any and all fees and expenses incurred in connection with certain activities performed through the Service according to the fee schedule established by us, as amended from time to time and disclosed to you.  Fees and expenses are payable monthly, and you hereby authorize us to withdraw the fees and expenses from any account you maintain with us.  Fees and expenses will be reflected on your periodic statement. 

 

At the present time there is no fee to use our Online Banking Services, unless you elect to use a specific service within the Service for which fees are imposed.  In the event you enroll in a specific service for which a fee is imposed, you will be notified of the fee when you enroll in that service.

 

Transfers Involving Insufficient Funds

If you instruct us to make a transfer and you do not have a sufficient balance in the account from which you are making the transfer, we will refuse to complete the transaction.  We may do this even if there are sufficient funds in accounts other than the one you were using to make the transfer.  If we complete a transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction in the account from which the transfer is made, you agree that we may reverse the transaction or offset the shortage with funds from any other account you have with us.  In any case, you are fully obligated to us to provide sufficient funds for any transfers you make or authorize.

 

Notwithstanding any other provision of this Agreement, if we do not make a transfer, or if we reverse a transfer because of insufficient funds, we are not required to make any further attempt to process the transfer or to notify you that the transfer has not been completed.  You may be liable for a non-sufficient funds fee under the terms governing the account from which you made, or attempted to make, the transfer.

 

Privacy

We will disclose information to third parties about your account or the transfers you make: (a) to third parties where it is necessary for completion or tracing transfers or resolving errors or claims; (b) to verify or disclose the existence, amount or condition of your accounts for third parties, such as a credit bureau or merchant; (c) pursuant to court orders and other legal process; (d) to comply with subpoenas, summonses, search warrants or requests from government agencies; (e) to comply with state or federal laws requiring us to provide information regarding depositors and their accounts to governmental agencies; (f) to others with your consent, which may be given orally, in writing, by telephone, electronic or other means we recognize; (g) to companies that perform services for us in connection with your accounts and Online Banking Services, such as data processing and software companies and collection agencies.

 

See our separate “Privacy Notice” for more information about how we use customer information and your choices.

 

E-Mail

Sending e-mail is a very good way to communicate with us regarding your accounts or the Online Banking Services.  However, unless you use the “Mail” link available through Online Banking Services after you have securely logged into the Online Banking site, your e-mail is sent via your own software and, as a result, may not be secure.  Because of this, you should not include confidential information, such as account numbers and balances, in any e-mail sent to us using your personal e-mail account.  You cannot use e-mail to initiate Online Banking Services transactions.  All such transactions must be initiated using the appropriate functions within the Online Banking Services.  We will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.

 

Links to Other Sites

Information that we publish on the Internet, through the Website, or through Online Banking Services may contain links to other sites.  We make no representations about any other website that you may access to, from or through the Website.  Unless expressly stated in writing, we neither endorse the products or services offered by any company or person linked to the Website or through Online Banking Services nor are we responsible for any software or the content of any information published on the site of any third party.  You should take precautions to protect your computer software and data from viruses and other destructive programs when downloading files through the Internet or any third party sites.

 

Required Technology

You shall at all times be responsible for purchasing, installing, and maintaining the Required Technology.  You are solely responsible for maintaining the Required Technology with the necessary compatibility and format to interface with our systems.  You are required to comply with the minimum compatibility requirements for all Required Technology used in connection with Online Banking Services, including but not limited to those for any Required Technology that we subsequently allow to be used with Online Banking Services.

 

Recommended minimum user hardware and software standards for use of Online Banking Services can be found in the “Hardware and Software Requirements” section of this Agreement.

 

We are not responsible for your failure to use Required Technology in compliance with the minimum recommendations.  We are not responsible for any liability caused or in any way arising out of the installation, use or maintenance of your personal computer hardware or software or other Required Technology, including any software provided by us or one of our suppliers or vendors. 

 

Your Liability for Authorized Transactions  

Our system supporting Online Banking Services is designed so that it may be operated only upon entry of valid Login Information.  You are liable for all transactions that you make or authorize.  If you have given another individual your Login Information (User ID, password, and/or responses to security questions), you have authorized them to access your account information and perform any and all functions to which you have access in the Service and are liable for all transactions performed by the individual.

 

You understand and agree that we are unable to detect any errors by you that result from you incorrectly entering in any account number or amount in connection with a funds transfer request. 

 

Notify us IMMEDIATELY for Unauthorized Transactions

You should notify us AT ONCE at 1-608-565-2296 if you believe your Login Information has been lost, stolen, or otherwise compromised or used without your authorization.  Telephoning us right away is the best way to keep your possible losses down. 

 

(a)  If an unauthorized transaction is an electronic funds transfer completed using the Service, the account owner is an individual, and the account from which funds are transferred is used for personal, family or household purposes, you can lose no more than $50 if you notify us within two (2) Business Days of discovering any unauthorized use of the Service or your Login Information.  However, you can lose as much as $500 if you do not notify us within two (2) Business Days of discovering the unauthorized transfer and we can prove that we could have prevented the unauthorized transfer had we been notified.

 

(b)  If (a) above is not applicable to you or your account, you are responsible for all transfers and transactions accomplished using the Service.  If any persons use the Service or your Login Information, you are responsible for any transactions they authorize using the Service.

 

In Case of Errors or Questions about Transactions Involving Consumer Accounts

Your liability regarding unauthorized transfers and errors involving Consumer Accounts may be limited by the Electronic Funds Transfer Act and related federal regulations, as further set forth in the Electronic Funds Transfer Initial Disclosure provided to you when you opened your Consumer Account(s).  You may request a copy of this notice by contacting us by one of the methods listed in the “Right to Receive Paper Copies” section of this Agreement. 

 

We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appears or your liability may be increased.  Your notice should include the following:  (a)  Your name and account number (if any); (b) A description of the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error and why you need more information; (c) The dollar amount of the suspected error.

 

If you tell us orally, we may require that you send us your complaint or question in writing so we can receive it within ten (10) Business Days.

 

We will determine whether an error occurred within ten (10) Business Days (20 Business Days if the transaction involved a new account) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days (90 days if the transaction involved a new account) to investigate your complaint or question.  If we decide to do this, we will credit your account within ten (10) Business Days (20 Business Days if the transaction involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.  If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.  An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

 

We will tell you the results within three (3) Business Days after completing our investigation.  If we decide that there was no error, we will send you a written explanation.  You may ask for copies of the documents that we used in our investigation.

 

In Case of Errors or Questions About Transactions Involving Business Accounts

Call us at 1-608-565-2296 or write us at The Necedah Bank, P.O. Box 490, Necedah, WI  54646 as soon as you can if you think your periodic statement is wrong or if you need more information about a transaction covered by this Agreement which is listed on the statement.

 

Availability of Online Banking Services

We intend to make Online Banking Services available at all times.  However, we only process transactions and update information on Business Days and in some instances, only those transactions initiated prior to certain cut off times on Business Days.  We do not guarantee a specific delivery time with respect to any information or document on the Service.  We reserve the right to modify any cut off time or deadline set forth in this Agreement by publishing notice of such modification on the bank’s Website or otherwise providing notice to you by any means set forth in this Agreement.  We will use reasonable efforts to provide the information requested through the Website and the Online Banking Services in a prompt fashion, but shall have no liability for failure to provide timely information or services. 

 

You acknowledge and agree that access to Online Banking Services may be affected by local market telecommunication network activity, capacity and compatibility with third party communications equipment, Internet access, software, servers, and browsers.  We disclaim any and all responsibility for any defect or service interruption in connection with local market telecommunication network activity, capacity and compatibility with third party communication equipment, Internet access, software, browsers and servers.  You acknowledge and agree that there are no assurances that information transmitted over the Internet or other computer or wireless networks will be secure or confidential, and you waive any and all claims against us in connection with any such transmissions.  You further acknowledge that the Internet is known to be unpredictable in its performance and may from time to time impede access to Online Banking Services.  You agree that we are in no way responsible for any such difficulties you may experience as a result of attempting to transmit data over the Internet or through any computer network while using Online Banking Services, and you waive any and all claims against us in connection with such use.  In such event, you shall be responsible for carrying out banking business through alternative delivery channels. 

 

Limitation or Suspension of Online Banking Services

For security reasons, we may implement limits from time to time on the number or amount of transactions you can make using our Online Banking Services.  You also agree that we may, at any time, temporarily or permanently suspend the availability of the Online Banking Services if required by Applicable Law, any governmental authority, or if we believe such suspension to be necessary for security purposes (for example, if you input incorrect Login Information and/or responses to security questions), or to prevent unauthorized use, loss, theft, fraud, or any other liability or damage to you, us, or any other person.  In the event of such suspension, we may refuse to process or complete scheduled or recurring transactions initiated through Online Banking Services.  In the event of suspension, we will attempt to provide you reasonable notice; however, you understand and agree that the circumstances regarding any unauthorized use, loss, theft, or fraud may dictate that notice is reasonable if given at the time of suspension or in some cases after suspension of Online Banking Services.

 

Our Responsibility

We, or a third party acting as our agent, are responsible for completing fund transfers and transactions on time, according to your properly entered and transmitted instructions.  If we do not, we will be liable for your losses or damages.  However, we will not be liable for losses or damages for incomplete or delayed transfers or transactions (a) if a Payee mishandles or delays crediting a payment sent by the Service; (b) if you do not have adequate collected funds in a deposit account to complete a transaction from the account, or if that account has been closed; (c) if you have not properly followed instructions on how to make a transfer; (d) if you have not given complete, correct and current instructions so that a transfer can be made; (e) if withdrawals from any accounts have been prohibited by a court order such as a garnishment or other legal process; (f) if we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed; (g) if your equipment or the Service was not working properly and this problem should have been apparent to you or you were advised about the malfunction before you authorized a transfer or payment; (h) if circumstances beyond our control, or the control of our agent, prevent the completion of a transfer or payment, despite reasonable precautions that we have taken.  Such circumstances include, but are not limited to, computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by fires, floods, other interference from an outside source or natural disasters; (i) if the transfer would go over the credit limit on your Overdraft Line of Credit, if any; (j) for errors or failures from any malfunctions of your browser, Internet service provider, computer, mobile provider, mobile device, virus or other problems relating to the computer and mobile equipment you use with the Service, including, without limitation, your inability to access the Service or any part of the Service; (k) for a failure to provide access or for interruption in access to the Service due to the Service system failure (l) if other events occur beyond our reasonable control.

 

There may be other exceptions to our liability as stated in our deposit account agreements with you.

 

Limitation of Damages

Our sole responsibility for any error with respect to the Online Banking Services shall be to make reasonable efforts to correct that error. 

 

We shall have no liability to you or any other person for any special, incidental, indirect, consequential, or exemplary damages caused by any error, act, delay or omission by us, including but not limited to, dishonor of checks or other items or expenses which you may incur or suffer by reason of this Agreement or the services we provide, whether or not the possibility or likelihood of such loss or damage or expense is known to us.

 

In the event you incur any loss due to our fault, our liability to you shall be limited to general money damages not to exceed the lesser of the actual damages sustained and proven by you.  You are required to notify us immediately if you experience errors, acts, delays, or omissions with respect to the Online Banking Services.  We shall not be liable for any liability arising from any use or disclosure of any images of documents or items by any person to whom you have directed us to provide any of such images.  We shall have no liability for failing to transmit or delay in transmitting an order or transaction initiated by you if such transmittal would result in our violating any Applicable Law, or any present or future risk control program of the Federal Reserve or any rule or regulation of any other regulatory authority of the United States government.

 

Disclaimer of Warranties

Neither we nor our suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking Services, or contained in any third party sites linked to or from the Website.  The Online Banking Services are not guaranteed to be free from error or interruption.  All Online Banking Services and any Required Technology provided by us are provided on an “as is” “as available” basis, and we make no representations or warranties of any kind with respect to the Online Banking Services, the Website, or any Required Technology.  We disclaim all such representations and warranties, whether express, implied or statutory, including, without limitation, all warranties of merchantability and fitness for a particular purpose.  We shall have no liability for any claim, loss, or damage relating to any Required Technology, including but not limited to, a failure to perform in the manner for which it was intended or designed.  You are responsible for taking appropriate precautions against damage to you which could be caused by interruptions or malfunctions of the Online Banking Services or Required Technology, and you assume the risk of such occurrences.

 

Representations & Warranties of Customer

You hereby represent and warrant to Bank that (a) you and any representative entering into this Agreement on your behalf have full power and authority (including full corporate, limited liability company, or other entity power and authority) to enter into this Agreement and to perform your obligations pursuant to this Agreement; (b) the creation and performance of this Agreement have been duly authorized by you; (c) each Person who may enter into this Agreement on your behalf has all necessary legal capacity and authority; and (e) this Agreement constitutes the valid and legally binding obligation on you enforceable in accordance with its provisions, except to the extent enforcement may be limited by (i) bankruptcy, insolvency, moratorium, or other similar laws generally affecting the rights of creditors; (ii) general principles of equity; and (iii) the exercise of judicial discretion.

 

Indemnification of Bank by Customer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU SHALL HOLD HARMLESS, INDEMNIFY, AND DEFEND US, OUR SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING FROM OR RELATED IN ANY MANNER TO:  (A) YOUR NEGLIGENCE; (B) YOUR FAILURE TO COMPLY WITH APPLICABLE LAW; (C) ANY TRANSACTIONS OR ATTEMPTED TRANSACTIONS COVERED BY THIS AGREEMENT FROM A BUSINESS ACCOUNT; OR (D) YOUR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.  If any of the accounts are consumer accounts, the foregoing provision may be limited to the extent required by applicable law, including the electronic funds transfer act and related federal regulation.

 

Governing Law and Venue

Regardless of where you live or work or wherever you access our Online Banking Services, this Agreement is subject to the internal law of the State of Wisconsin and the federal law of the United States of America.  If any of the terms of this Agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with Applicable Law.  Any litigation among the Parties arising out of or relating to this Agreement or the transactions contemplated by this Agreement shall be brought in the courts of the State of Wisconsin in the County of Dodge.  Each Party irrevocably, unconditionally, and absolutely submits to the jurisdiction of such courts, and each Party irrevocably, unconditionally, and absolutely waives any objection to venue or to convenience of forum.

 

Remedies

Due to the likelihood of irreparable injury, we shall be entitled to an injunction prohibiting any breach of this Agreement by you.  To the extent permitted under Applicable Law, the remedies provided to you in this Agreement shall be exclusive of any remedies otherwise available to you pursuant to Applicable Law.

 

Severability

Each provision of this Agreement shall be severable from all other provisions of this Agreement.  If any provision of this Agreement shall be determined to be invalid or unenforceable in any litigation among the Parties, such provision shall be deemed to be amended to the extent necessary to render this Agreement valid and enforceable, and the remaining provisions of this Agreement shall be valid and enforceable.

 

Transfer of Rights and Obligations under This Agreement

This Agreement and your rights and obligations pursuant to this Agreement may not be assigned, delegated, or otherwise transferred to any person without our written consent in our sole and absolute discretion.  Any assignment, delegation or other transfer of this Agreement or any of your rights or obligations pursuant to this Agreement shall not release you from any of the provisions of this Agreement.

 

We may transfer all or any part of this Agreement without notice to or consent from you.  In connection with any transfer by us, you hereby irrevocably consent to the disclosure of information pertaining to you and this Agreement in connection with such transfer.  You acknowledge that we have not made any representation, warranty, or covenant to you with respect to the transfer of all or any part of this Agreement.  Any transfer by us of this Agreement shall release us from any further liability to you whatsoever.  You shall indemnify and hold us harmless from and against all liabilities arising out of any transfer of all or any part of this Agreement.

 

Waiver

The provisions of this Agreement may be waived only by a subsequent written agreement executed by us.  Any delay or inaction by us shall not be construed as a waiver of any of the provisions of this Agreement.  A waiver of any provision of this Agreement by us: (a) shall not be construed as a waiver of any other provision of this Agreement; (b) shall be applicable only to the specific instance and for the specific period in which the waiver may be given; (c)  shall not be construed as a permanent waiver of any provision of this Agreement unless otherwise agreed by us in a subsequent written agreement executed by us; (d) shall not affect any right or remedy available to us; (e) Shall be subject to such terms and conditions as provided in a subsequent Agreement executed by us.

 

Termination

This Agreement, as amended from time to time, will stay in effect until it is amended or terminated.  Either Party may terminate this Agreement by providing written notice thereof to the other Party.  We will ordinarily send you notice of any termination, but we are not required to do so unless Applicable Law requires such notice.  Once we terminate this Agreement, no further or pending transfers will be made, including but not limited to, any transfers scheduled in advance or any preauthorized recurring transfers.  Termination shall be effective as to prospective transactions only, and shall not alter your rights or the bank’s rights as to transactions prior to the effective date of termination. 

 

You may terminate this Agreement at any time by notifying us in writing.  However, in the event you terminate this Agreement, any instructions from you to make transfers will continue in effect until we have received your written notice of termination and have had a reasonable opportunity to act upon it.  Once we have acted upon your notice, no further or pending transfers will be made, including but not limited to, any transfers scheduled in advance or any preauthorized recurring transfers.  Access to account information and other functions of the Service will also cease upon your termination of this Agreement.

 

 

                     

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