Service Agreement For Online Banking
1. GENERAL. This agreement ("Service Agreement") applies to various online banking and bill payment services ("services"). "You" and "your" means each person agreeing to, using or accessing these services at Securant Bank & Trust. "Us," "we," and "our" mean the applicable Securant Bank & Trust and its affiliates and their successors and assigns. When you use, or you permit any other person(s) to use, any part of this service, you agree to the terms and conditions of this Service Agreement and agree to comply with help screens. This Service Agreement and the services are also subject to other agreements between you and us, including Rules for Deposit Accounts and Funds Availability Policies. In case of conflict, this Service Agreement will control.
2. ELIGIBLE ACCOUNTS. To access your accounts using the services, you must have an eligible account. Eligible accounts for online banking include Securant Bank & Trust checking accounts, savings accounts, money market accounts, CDs and IRAs, as well as consumer loan accounts. Eligible accounts for bill payment include Securant Bank & Trust checking accounts only. Eligible accounts are limited to consumer accounts. Deposit and loan accounts that have a common signer for withdrawals or a common borrower may be linked for access purposes. Any signer, acting alone, will be authorized to access a linked account. An account that requires two signatures for withdrawals will not be an eligible account.
3. TYPES OF SERVICES; LIMITATIONS.
a. Online Banking:
1. Funds Transfers. You may use online banking to perform unlimited transfers between eligible accounts. You may perform no more than 6 transfers per month from any savings or money market account.
2. Balance Inquiries. You may use online banking to check the current balance and other account information on all of your deposit accounts and most loan accounts.
3. Account Services. You may use online banking to view copies of checks and statements, place stop payments on checks, and download your account information to personal management software.
b. Bill Payment:
1. Manual (Single) Payment. "Manual Payment" means a single payment that you enter each time you want to make a payment. You schedule the date you want the payment made.
2. Recurring Payments. "Recurring Payments" are sent automatically on an ongoing basis. You set up payment rules regarding their frequency, amount, and timing.
3. Limitations. The amount of any Manual Payment or Recurring Payment shall not exceed $9,999.99. The total amount of all bill payments in any 1-Business Day shall not exceed $9,999.99.
You may not use bill payment services to (a) pay taxes or make other payments to governmental agencies, (b) pay court-directed alimony or support and (c) make payments to payees outside of the United States or U.S. territory.
4. BILL PAYMENT SERVICES. You authorize us to follow your payment instructions. For a Manual Payment, we will deduct your payment from your checking account on the date the payment is scheduled to be sent ("Payment Date") or within 2 Business Days of the Payment Date. For Recurring Payments, we will deduct your payment from your account on the start date ("Start Date") or within 2 Business Days of the Start Date. We will deduct subsequent payments from your account using the Start Date as a reference point. We will initiate payments to payees designated by you ("Payees"). To ensure on-time payments, allow at least 5 Business Days for payments. We may, but need not, deduct these payments from your designated account even if they create an overdraft.
The date a Payee credits a payment depends upon the Payee's payment processing procedures and any specific requirements for payments, as well as delays in receiving a payment. We will not be responsible for: (a) delays in crediting payments by a Payee that are the result of these procedures; (b) your failure to follow a Payee's payment requirements; (c) your failure to schedule a proper date for payment sufficiently in advance of the date a payment is due; (d) delays in any mail service or (e) other exceptions stated in this Service Agreement.
If you follow the procedures described in this Service Agreement and help screens, and we fail to send a payment within 2 Business Days from the Payment Date or other scheduled payment date, we will reimburse you for a late charge penalty ($50.00 maximum) assessed by a Payee because your payment was received late. In any other event, the risk of incurring and the responsibility for paying any and all late charges or other damages or penalties shall be borne by you. If you think you are entitled to a reimbursement for a late charge penalty, call us at 414-442-5800.
You authorize us to make payments by electronic, paper or other means we determine appropriate.
Upon termination of the bill payment service, you will be responsible for making arrangements to pay any future or recurring payments. We reserve the right to refuse to pay a Payee if (a) your designated account has insufficient funds, (b) a payee refuses to accept a payment, (c) you attempt to make tax or court related payments or (d) if we have other cause deemed by us to be sufficient.
You are responsible for having sufficient funds on deposit to make payments in full on scheduled dates.
6. BUSINESS DAYS/HOURS OF OPERATIONS. Business Days are Monday through Friday, except federal holidays. We can process a transfer on the same Business Day as your instructions if we receive your instructions before our online cut-off hour of 6:00 P.M., Central Time, on a Business Day. We will process the transaction immediately. If we receive your instruction after the end of our Business Day, we process the transaction on our next Business Day.
7. FINANCIAL INSTITUTION'S LIABILITY. We will use good faith efforts to complete all of your payments properly. However, we will incur no liability if we are unable to complete any payments or transfers properly because of any one of the following circumstances:
a. Your designated account does not contain sufficient available funds to complete the payment or transfer, or the payment or transfer would exceed the credit limit of your designated account's overdraft line.
b. The services, our equipment, the software, or communications link is not working properly.
c. The Payee mishandles, delays posting a payment, or refuses or is unable to accept a payment.
d. You have not provided us with the correct name(s), address or account information for Payees.
e. Your subscription to the service has been terminated for any reason.
f. If circumstances beyond our control including, but not limited to, fire, flood or interference from an outside force, prevent the proper execution of the transaction.
g. The transfer of your funds is restricted by legal process or holds.
h. Other exceptions stated in this agreement or related agreements or Rules for Deposit Accounts and Funds Availability Policy.
Provided none of these circumstances are applicable, if we cause an incorrect amount of funds to be removed from your designated account or cause funds from your designated account to be directed to an improper person, we shall be responsible for returning the improperly transferred funds to your designated account and for directing to the proper Payee any previously misdirected payments or transfers.
8. DAMAGES. OUR RESPONSIBILITIES ABOVE FOR LATE CHARGES AND INCORRECT OR MISDIRECTED PAYMENTS SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) CAUSED BY THE SERVICES OR THE USE OF THE SERVICES, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER, SOFTWARE, OR ANY INTERNET ACCESS SERVICES.
9. WARRANTY DISCLAIMER. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS." WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
10. EQUIPMENT REQUIREMENTS. You are responsible for obtaining, installing, maintaining and operating all necessary hardware, software, and Internet access services necessary for performing online services. We will not be responsible for failures from the malfunction or failure of your hardware, software or any Internet access services.
11. ACCESS CODES AND SECURITY. To help enhance your security, we recommend that you follow some general safety guidelines:
" Never walk away from your computer while logged on to this service.
" Memorize your user ID and password ("Codes").
" Don't share your Codes with anyone.
" You will be required to change your Code every 90 days.
" Choose Codes that are not easy to guess. Use a minimum of six (6) characters and a maximum of seventeen (17) characters with a combination of numbers and letters (e.g., 9aA6Bc3d). Do not use names of family members or pets alone or followed by a number. Words in a dictionary, derivatives of user IDs and common character sequence such as "12345678" should not be employed. Likewise, personal details such as a spouse's name, license plate, Social Security number, and birthday should not be used unless accompanied by additional characters. User-chosen Codes should also not be any proper names, geographical locations, common acronyms, or slang. Choosing a Code that contains at least one lower case and one upper case alphabetic character and the use of non-alphabetic characters where feasible such as a numeral (0-9).
" Never give your Codes to somebody else, even if they identify themselves as a Securant Bank & Trust employee. Under no circumstances do we need your code.
We require your browser to be 128-bit encryption enabled.
12. FEES. If applicable to you and your account, you agree to pay the fees for the services in accordance with our fee schedules and disclosures as established by us from time to time. We may automatically deduct these fees from an eligible account even if they create an overdraft and we may assess the appropriate overdraft fees.
13. CHANGES; AMENDMENTS; REVISIONS. We reserve the right, at our discretion, to add, delete, change, modify, alter, or discontinue the services or any aspect, feature, or function of the services at any time, including content, hours, and equipment needed for access or use ("change(s)"). We also reserve the right, at our discretion, to add, delete, change, modify, or amend any fees, help screens or other terms and conditions of this Service Agreement at any time (also called, "change(s)"). Unless an immediate change is necessary to ensure the security of the services or your accounts, we will send you notice to the mail address or e-mail address we currently possess in our file at least 30 days before the effective date of any changes if required by law.
To receive changes to the Service Agreement electronically, you will need to use an America Online®, Netscape® or Microsoft® browser version 5.5 or higher with service pack. You will also need the ability to print or download the information if you wish to retain copies for your files. Before we can send you future changes to this Service Agreement, we will need to verify that you can receive them electronically and affirmatively consent to electronic delivery. To withdraw your consent to receive any future changes to this Service Agreement electronically or to request a paper copy of the changes to this Service Agreement, simply send an e-mail or call us at 414-448-5200.
Any use of the service after we send you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the bill payment programs, services, and/or related material and these changes may render prior versions obsolete. Consequently, we reserve the right to terminate this Service Agreement as to all such prior versions of the bill payment programs, services, or related material and limit access to the services more recent revisions and updates.
14. TERMINATION OR DISCONTINUATION. In the event you wish to discontinue any or all of these services, you must contact us in writing. Written notice of service discontinuance must be supplied 10 Business Days prior to the actual discontinuance date and must be sent or faxed to:
a. Fax us at (414) 449-8031; or
b. Write us at:
Securant Bank & Trust
Attn: Client Services
6001 West Capitol Drive
Milwaukee, WI 53216
We reserve the right to terminate your use of the services in whole or in part at any time. Neither termination nor discontinuation shall affect your liability or obligation under this agreement.
Since service cancellation requests take up to 10 days to process, you should cancel all outstanding payment or transfer orders in addition to notifying us of your desire to terminate the service. We will not be liable for payments or transfers not cancelled or payments or transfers made due to the lack of proper notification by you of service termination or discontinuance for any reason.
16. UNAUTHORIZED TRANSFERS. An "unauthorized transfer" is a transfer by a person who does not have actual, implied, or apparent permission, and is a transfer that does not benefit you. A transfer by a joint account holder or other person with an interest in your account is not an unauthorized transfer. You will not be liable for unauthorized transfers except as explained in this Service Agreement.
17. YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS. You should not disclose your Codes to any other person. These Codes are for your personal use and should be kept confidential by you. We may require you to change these Codes periodically. Contact us immediately if you believe someone has obtained your Codes or may have access to your accounts without your permission. Telephoning us at 414-448-5200 is the best way of minimizing your losses; or fax or write us at 414-449-8031 or Securant Bank & Trust, Attn: Client Services, 6001 W. Capitol Dr., Milwaukee, WI 53216. If you tell us within two (2) Business Days after you discover your Codes have been lost or stolen, you can lose no more than $50.00 if someone uses your Codes without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Codes, and we can prove that we could have stopped someone from using your Codes without your permission if you had told us, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, notify us at once by phone, e-mail or traditional mail. If you do not notify us within 60 days after the statement was mailed to you, you may lose any amount transferred without your authorization after the 60 days, if we can prove that we could have stopped the unauthorized transfer if you had told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
a. Your monthly checking account statement will contain information about any bill payment transactions completed during the statement period.
b. In the event of a dispute regarding the services, you and we agree to resolve the dispute by looking to the terms and conditions contained in this agreement and the Rules for Deposit Accounts and Funds Availability Policies, as they may be amended from time to time, and not to representations made by our employees or agents.
c. You agree that anyone with an ownership interest in your accounts, including joint accounts, may access those accounts, unless we are instructed to the contrary.
d. You represent and warrant that you are at least 18 years of age.
e. Our failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such a right or provision unless acknowledged and agreed to by us in writing.
f. This agreement shall be governed by and construed in accordance with the laws of the United States and, to the extent state law applies, the laws of the state in which our branch that holds your account is located will apply.
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