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Electronic Disclosure and Consent You agree to receive the Nekoosa Port Edwards State Bank Service Agreement for Online Banking electronically. The Service Agreement contains the terms that govern your use of Nekoosa Port Edwards State Bank i-bank Internet Service, “the Service”. You may use the Service to access your Eligible Accounts through the Internet. You also agree to receive all changes and updates to this Service Agreement and all disclosure, notices and other communications regarding the service electronically. You are deemed to have received any electronic communication provided to you when they are made available to you. You can request free paper copies of any of these documents by calling 1-715-886-3104 or sending an e-mail to support@NPESB.com. After you have enrolled in the Service, you can withdraw your consent to future electronic receipt of documents by calling 1-715-886-3104 or sending an e-mail to support@NPESB.com. However, withdrawing your consent means you will no longer be able to access the Service. 1. General. The Service Agreement applies to Online Banking and Bill Payment Services. “You” and “your” mean each person agreeing to, using, or accessing the NPESB’s i-bank Services. “Us”, “we” and “our” mean the Nekoosa Port Edwards State Bank, its affiliates and their successors and assigns. The Service Agreement and the Service are also subject to other agreements between you and us, including but not limited to Rates for Deposit Accounts, Funds Availability Policy, and Privacy Policy. In case of conflict, the Service Agreement will control. 2. Eligible Accounts. Eligible Accounts include but are not limited to Checking Accounts, NOW Accounts, Money Market Accounts, Savings Accounts, Certificate of Deposits, IRA’s, Mortgage Loans, Lines of Credit, Installment Loans and Business Loans you maintain with Nekoosa Port Edwards State Bank. Eligible Accounts for Bill Payment include Nekoosa Port Edwards State Bank checking accounts only. 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 may not be an Eligible Account). Additionally, each Eligible Account and Online Service will be subject to the terms or instructions appearing on a screen when using a Service Nekoosa Port Edwards State Bank’s rules, procedures and policies applicable to each Eligible Account and each Online Service, the rules and regulations of any funds transfer system used in connection with an Online Service, and applicable State and Federal laws and regulations. 3. Access to Eligible Accounts. You authorize Nekoosa Port Edwards State Bank to provide access to some or all Eligible Accounts through the Service. For each Eligible Account to which access is provided, you may request removal of such access by sending e-mail through the Service or by calling Nekoosa Port Edwards State Bank at 1-715-886-3104. You may access all Eligible Accounts at the Edwards State Bank website http://www.NPESB.com (called Website) to obtain balances, transaction history, and other information. To access an Eligible Account or use an Online Service you must have a User ID, password, and the required hardware and software. Subject to this and all other agreements, you will generally be able to access your Eligible Accounts through the Website seven days a week, 24 hours a day. At certain times, the Service may not be available due to system maintenance or circumstances beyond our control. During these times you may use our “Bank 24” Telephone Banking Service at 1-877-766-6595 or contact the Bank at 1-715-886-3104 to obtain information about your Eligible Accounts. 4. Inactive Accounts. If you do not access your Eligible Accounts via the Service for any two (2) month period, the Bank may disable your Service without prior notice. If your Service is disabled due to inactivity, you may re-enroll by visiting our website at www.NPESB.com. 5. Types of Services. a. Online Banking: 1. Funds Transfers. You may use Online Banking to perform unlimited transfers between Eligible Accounts. You may perform no more than six transfers per month from any savings or money market account. 2. Balance Inquiries. You may use Online Banking to check the current and available balances as well as other account information on your Eligible Accounts. 3. Account Services. You may use Online Banking to view copies of checks and deposit account transaction history, place stop payments on checks, download your account information to personal management software and set up account alerts (e.g., balance transfers or maturity notices). 4. Download Transaction Data to Microsoft MoneyTM. The Bank determines at its sole discretion the types of personal financial software that may be used in Online Banking. You are solely responsible for the cost of obtaining and maintaining the software and for downloading transaction data on a timely basis. Transaction history is generally available for 60 days depending on the date of the last account statement. You will not be notified prior to the purging of transaction data. The Bank cannot restore transaction history to the Service once purged. b. Bill Payment/Make a Payment: 1. Make a Payment or Schedule Many Payments. Make one or more payments now or in the future. You can schedule them at your option. 2. Recurring Payments. “Recurring Payments” are sent automatically on an on-going basis. You can set up payment parameters frequency, amount, and timing. 3. Limitations. The amount of any single payment shall not exceed $5,000.00. The total amount of all Bill Payments in any one Business Day shall not exceed $10,000.00. These limits may be modified at the discretion of the Bank. There is no limit to the number of payments that may be authorized. You can make multiple payments to the same Payee on the same day as long as the payments are for different amounts. For your protection, the Service will not pay duplicate items to the same Payee on the same day. You may not use the Bill Payment Service to (a) pay taxes or make other payments to government agencies, (b) pay government directed alimony or support or (c) make payments outside of the We will not be obligated to make a payment unless your Bill Payment Account and/or linked account has sufficient Available Funds or credit availability to pay the bill on the Payment Date. Available Balance equals Current Balance minus any holds on your account. Holds can be, but are not limited to, non-cash deposits posted to your account. 6. Bill Payment Services. You authorize us to follow your payment instructions. The date the payment is sent is called the “Payment Date” or “Transmit Date”. When we receive a payment instruction (for the current or a future date), we will transfer funds to the Payee on your behalf from the Available Funds in your Bill Payment Account on the Payment Date. If the Payment Date is not a business day, we will process the payment on the next business day (Business Days are Monday through Friday, except Federal holidays). There will be a delay between the Payment Date and the date the Payee receives that payment. 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 a 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. Any payments made through the Bill Payment Service require sufficient time for your Payee to receive your payment and to credit your account properly. To avoid incurring finance or other charges, you must schedule a payment sufficiently in advance of the due date of your payment. Please schedule payments in accordance with the payment rules that are displayed on the ‘Make Payment” screen (schedule payments at least six full business days prior to the date the payment is due at the Payee for check payments and two full business days for electronic payments). For scheduling purposes, your first business day is the business day after your scheduled Payment Date. Payments must be scheduled before 8 p.m. CST to be effective the same business day. You may pay anyone approved by Nekoosa Port Edwards State Bank for payment through the Bill Payment Service. You must provide enough information about a Payee to permit us to properly direct a payment and permit the Payee upon receipt of a payment to identify you as the payment source. By furnishing us with the names of your Payees and their addresses, you authorize us to follow the payment instructions to these Payees that you provide us via the Service. You may set up unlimited Payees in the Service. Bill Payment is intended only for your use as a subscriber for such Service. Any attempt to use Bill Payment to process payments for third parties is prohibited and grounds for termination of your Bill Payment Service. 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 for reasons we deem sufficient, including, without limitation, if (a) your designated account has insufficient Available Funds, (b) a Payee has refused to accept a payment, (c) you attempt to make a payment to a governmental agency or to a Payee outside of the United States or a US territory or (d) you attempt to make a court-directed alimony or support payment. You are responsible for having sufficient Available Funds on deposit to make payments in full on scheduled dates. 7. Financial Institution’s Liability. We will use good faith efforts to complete all of your payments properly. If Nekoosa Port Edwards State Bank does not properly complete a Bill Payment on time or in the correct amount, we will pay any late fees or finance charges ($50.00 maximum), which you reasonably incurred as a result of our error, as long as your account was in good standing with the Payee prior to this incident. 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 a payment, 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. Electronic Fund Transfer Provisions for Consumers. a. Applicability. The provisions in this section apply only to electronic fund transfers that debit or credit a consumer’s checking, savings, or other asset account and are subject to the Federal Reserve Board’s Regulation E (an “EFT”). Nekoosa Port Edwards State Bank may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E. All terms not otherwise defined in this Agreement, which are defined in Regulation E, will have the same meaning when used in this section. b. Your Liability. Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows: 1. If you notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $50.00 or the amount of unauthorized EFTs that occur before notice to us. 2. If you fail to notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $500.00 or the sum of: · $50.00 or the amount of unauthorized EFTs that occur within the two business days, whichever is less, and · The amount of unauthorized EFTs that occur after the close of two business days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within that two-day period. 3. You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. You may, as applicable, also be liable for the amounts described in the immediately preceding sections 1 or 2 above. 4. If your delay in notifying us was due to extenuating circumstances, we may extend the times specified in the immediately preceding paragraphs 1, 2, or 3 above to a reasonable period. 5. You may notify us in person, by telephone, by e-mail, or in writing. c. Telephone Number and Addresses. The telephone number and address of the person or office to be notified when you believe that an unauthorized EFT has been or may be made are: · 1-715-886-3104 during Bank business hours. · Nekoosa Port Edwards State Bank · You can send e-mail to support@NPESB.com. 9. 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. 10. Indemnification. Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account, if you are the owner of an Eligible Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses arising out of or in any way connected with an Eligible Account or the performance of an Online Financial Service. You or your authorized representative provide this indemnification without regard to whether our claim for indemnification is due to the use of the Service. 11. Third Parties. Except as specifically provided in the Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an Internet access provider, by an Online Service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Services through the Service. 12. Warranty Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 13. 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. We require your browser to be 128-bit encryption enabled. 14. Access Codes and Security. Because we are entitled to act on instructions received under your password, 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. · Choose codes that are not easy to guess. Your UserID must contain at least two alphabetical characters and at least two numeric characters. Must be a minimum of eight characters and a maximum of 32 characters. Your UserID is case sensitive. Your Password must contain at least one alphabetical character and one numeric character. Must be a minimum of six characters and a maximum of 32 characters. Your Password is case sensitive. Your Password may not be the same as your UserID. Do not use names of family members or pets alone or followed by a number. Words in a dictionary, derivatives or User IDs and common character sequence such as “12345678” should not be employed. Likewise, Codes should also not contain any proper names, geographic locations, common acronyms, slang, or personal details such as a spouse’s name, license plate, Social Security number, and birth date. In order to protect the security of your account data, your Password will expire every 90 days at which time you will be prompted to select a new password. · Never give your Codes to somebody else, even if they identify themselves as a Nekoosa Port Edwards State Bank employee. Under no circumstances do we need youR Codes. · If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission or if you suspect fraudulent activity on your account, notify Nekoosa Port Edwards State Bank at 1-715-886-3104 during regular business hours. 15. Authorized Representatives for Business Accounts. If you are a business, any representative of your business is authorized on such terms, conditions, and agreements as set have access to each Eligible Account and use of any i-bank Service of yours in any manner and for any purpose available through our i-bank Service, whether now available or available at some time in the future. 16. Fees. If applicable to you and your account, you agree to pay the fees for the Service 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. You are required to designate a deposit account at Nekoosa Port Edwards State Bank from which fees for the Service will be debited (your “Payment Account”). You authorize us to charge your “Payment Account” for any fees. If you close your current “Payment Account”, you must notify us and designate a new deposit account that will be your “Payment Account”. Additionally, if you close all your Eligible Accounts, you must notify Nekoosa Port Edwards State Bank Customer Service to cancel your i-bank Service. SERVICE FEES
*Fees that have been separately disclosed to you in connection with your Eligible Account(s) will continue to apply to the account(s). 17. Changes; Amendments; Revisions. We reserve the right, at our discretion, to add, delete, change, modify, alter, or discontinue the Service or any aspect, feature, or function of the Service 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 21 days before the effective date of any Changes if required by law. If provided electronically, disclosures will be provided to you in one of several ways. These are as follows: (a) by e-mail at the e-mail address we have on record, (b) by access to a web site that we will identify in an e-mail notice we send to you at the time the information is available, or (c) to the extent permissible by law, by access to a web site that generally we will identify in advance for such purpose. 18. Miscellaneous. 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 Service, 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 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. 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 the laws of the state of Revised: 04/20/2007 |
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