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UNION STATE BANK

Consumer Internet Banking Agreement and Disclosures
 
1.

 Coverage.  This Agreement applies to your use of our Internet Banking Service ("Internet Service"), which permits you to access your accounts with us via the Internet for services selected by you and agreed upon by us.  This Agreement applies to all persons that are parties to the accounts.  In this Agreement, the terms "you" and "your" refer to each depositor on an account accessible by Internet Service, and the terms "us," "we," and "our" refer to the Bank.

 
2. Enrollment/Application Forms.  To establish Internet Service you will complete certain enrollment forms or other documents evidencing your desire to access your accounts using the Internet Service ("Enrollment Forms").  The specific services available to you are identified in your Internet Service Enrollment Forms.  Your signature on the Enrollment Forms constitutes your agreement to the terms of this Agreement.  Additional information relating to Internet Service is included in the on-line manual or instructions provided to you and incorporated into this Agreement.

 
3. Your Responsibility.  You are responsible for selecting all systems, hardware and your Internet Service provider and for any defect, malfunction or interruption in service or security due to hardware failure, your choice of Internet Service provider and systems and computer services.

 
4. Access Codes.  We will either issue to you, or you will be required to select one or more personal identification numbers, passwords, or other access codes ("PIN") to access services using Internet Service.  The PIN has the same effect as your signature authorizing transactions.  You agree to safely keep the PIN, not to record the PIN or otherwise disclose or make the PIN available to anyone other than authorized users of your accounts.  Anyone to whom you disclose your PIN and anyone who has access to your PIN will have full access to the services you can perform on Internet Service, including full access to your accounts.  You have no ability to limit any such person's authority.  If anyone uses your PIN with your permission, you will be responsible for any transactions performed by that person. 

 
5. Customer Liability.  Tell us at once if you believe your PIN has been lost, stolen or otherwise become available to an unauthorized person.  Telephoning is the best way of keeping your possible losses down.  You could lose all the money in your accounts (plus your maximum overdraft line of credit).  If you tell us within two business days, you can lose no more than $50 if someone used your PIN without your permission.  If you do NOT tell us within two business days after you learn of the loss or theft of your PIN, and we can prove that we could have stopped someone from using your PIN without your permission, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once.  If you do not tell us within 60 days of the date we mail a periodic statement to you, you may not get any money you lost after the 60 days if we show that we could have stopped someone from taking the money if you would have told us in time.  If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

 
6. Contact in Event of Unauthorized Transfer.  If you believe your PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 920-388-3466 or write Union State Bank, PO Box 337, Kewaunee, WI 54216-0337.

 
7. Business Days.  Our business days are Monday through Friday. The following holidays are not included as business days: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas Day.  We can process a fund transfer on the same business day as your instructions, if we receive your instructions before our Internet Service cut-off hour of 6:00 p.m. on a business day.  If we receive your instruction after the end of our business day, we process the transaction on our next business day.  If you schedule a fund transfer for a future date, we process the transaction after the close of business on that date, if that day is a business day.  If the date you request for a future transfer is not a business day, we process the transaction on our next business day.  If you schedule a recurring funds transfer and the transfer date does not exist in a month, the transfer will be processed on the last business day of that month.

 
8. Functions.  Using your PIN and the Internet Service you can perform all of the functions described in the Enrollment Forms, in connection with the accounts described in the Enrollment Forms, and you can:
  • view account information
  • transfer funds among your deposit accounts
  • transfer funds from your line of credit to your checking account
  • make payments out of deposit accounts to your loan accounts

Subject to available funds, you may transfer funds through the Internet Service in any amount.

 
9.

Canceling Funds Transfers.

 

  1. Canceling an Order.  You may cancel or change a pending funds transfer by selecting and accurately completing the appropriate fields from the payment menu.  Any instruction to cancel or change a transfer must be received prior to the cutoff time on the day the transaction is to be processed.  Except for preauthorized transfers, described below, if we don’t receive your complete and accurate instruction identifying a funds transfer prior to that time, we may process the transaction.

     

  2. Preauthorized Transfers.  If you tell us in advance to make a regular payment at a regular time out of your account without further action by you (a preauthorized transfer), you can stop these payments by calling us at 920-388-3466, writing us at Union State Bank, PO Box 337, Kewaunee, WI 54216-0337 or emailing us at postmaster@unionstatebank.org in time for us to receive your request three business days or more before the payment is scheduled to be made.  If you call or email, we may also require you to put your request in writing in a form approved by us and get the form to us within 14 days after you call or email.  We will require that you tell us the exact amount of the debit, the next date the debit is to be made and the exact name of the payee.  Your stop payment will apply only to the debit you stopped and not to subsequent debits to that payee, unless you specifically instruct us to cancel all of such debits to that payee.

     

  3. Liability for Failure to Stop a Preauthorized Transfer.  If you order us to stop a preauthorized transfer three business days or more before the transfer is scheduled, and the stop payment order is made according to the terms and conditions of the account and this Agreement, including the requirement that you give us the exact amount of the debit, the next date of the debit and the exact name of the payee, and we do not do so, we will be liable for your losses or damages proximately caused by our failure.

     

  4. Charges For Stopping Payment.  If you submit an oral or written stop payment request for a preauthorized payment, we will charge you for each such stop payment order, the charge for stopping payment identified in our current fee schedule accompanying this Agreement as may be amended from time to time.  If you cancel or change any pending funds transfer by completing the appropriate fields from the payment menu, there will be no charge.

     
10. Overdrafts.  When you schedule a funds transfer using the Internet Service, you authorize us to withdraw the necessary funds from your account with us.  We deduct the amount of your funds transfer from your account on the date we process your instruction.  Each instruction to us to withdraw or transfer from an account is an order to us to pay from that account at that time or on a later date, if any, indicated in the instruction.  We may charge payments against the account even though the charge creates an overdraft, or we may refuse to make payments if the charge creates an overdraft.  If you overdraw your account, you agree to immediately pay us the overdrawn amount, together with any applicable fees.  If the account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that account rather than this Agreement.

 
11. Limitations on Transfers.  Under federal regulations, you may make no more than six preauthorized electronic fund transfers and telephone transfers, including Internet Service transactions, checks and point-of-sale transactions per month from your savings or money market deposit account.  Of these six transactions, you are limited to no more than three transactions per month by check, draft, debit card or similar order to third parties.  Each fund transfer through Internet Service from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each month.  (However, payments to your loan accounts with us are not counted toward this limit for savings and money market deposit accounts.)

 
12. Fees.  We will charge you for Internet Service fees, if any, identified in our current fee schedule accompanying this Agreement, and as it may be amended by us from time to time, and otherwise in accordance with our Deposit Account Rules.

 
13. Periodic Statements.  Your Internet Service account activity will appear on your periodic account statement.  If there are no transfers in a particular month, you will receive statements at least quarterly.

 
14. Our Liability For Failure to Make Transfers.  If you have given us all of the proper and timely instructions and have properly completed all fields to complete a transfer, and we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, subject to the limitations contained in this Agreement, we will be liable for your losses or damages proximately caused by our failure.  However, there are some exceptions.  We will not be liable, for instance:
  • If, through no fault of ours, your account does not contain sufficient collected funds to make the transfer.
  • If the money in your account is subject to legal process or other encumbrances restricting the transfer.
  • If the transfer would go over the credit limit on your overdraft credit plan, if any.
  • If a transfer system was not working properly and you knew about the breakdown when you started the transfer.
  • If an act of God or circumstances beyond our control (such as fire or flood) prevent the transfer or use of Internet Service despite reasonable precautions that we have taken.
  • If incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse.
  • If you have not properly followed the instructions for using the Internet Service.
  • If your operating system is not properly installed or functioning properly.
  • For errors or failures from any malfunctions of your browser, internet service provider, computer, computer virus or other problems relating to the computer equipment you use with the Internet Service, including, without limitation, your inability to access Internet Service or any part of Internet Service.
  • For a failure to provide access or for interruptions in access to the Internet Service due to Internet Service system failure.
  • NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN TRANSFERRING FUNDS WILL BE TO CORRECT THE ERROR AND PAY ANY PENALTIES AND ASSOCIATED LATE CHARGES TO THE PAYEE, BUT IN NO CASE WILL THE BANK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO INTERNET SERVICE.

 
15. Account Information Disclosure.  We will disclose information to third parties about your account or the transfers you make, as permitted by law, including, without limitation:  where it is necessary for completing or tracing transfers or resolving errors or claims; in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant or other financial institution; in order to comply with court orders or other legal process; to comply with subpoenas, summonses, search warrants or requests from government agencies; to other companies affiliated with us; to others with your consent; and whenever required by law.

You agree that we may deliver our privacy notices and opt-out notices to you by making them available on our web site.

 
16. Termination.  We may modify, suspend or terminate your privilege of using Internet Service and may withhold approval of any transaction, at any time, without prior notice to you.  In the event we terminate Internet Service, we will try to notify you in advance but are not required to do so.  You will be notified as soon as practicable.  Any one person who can use the account accessible with Internet Service may terminate Internet Service.  Termination shall not affect the rights and obligations of the parties for transactions made with the Internet Service before we have had a reasonable time to respond to your termination request.  Your termination of your Internet Service will automatically terminate any pending transfers.

 
17. Third Parties.  You understand that support and services relating to Internet Service are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.

 
18. Amendment.  We may amend this Agreement at any time.  Notice will be sent to you at your current address in our files.  Amendments will be effective upon the date indicated in the notice.

 
19. General.  This Agreement is intended to supplement and not to replace other agreements between you and us relating to your accounts, including, without limitation, our Deposit Account Rules.  In the event of a conflict between this Agreement and any other account rules and agreements that apply to your accounts, this Agreement shall govern and prevail.

 
20. Additional Provisions.  (If none stated, there are no additional provisions.)
   

In Case of Errors or Questions About Your Electronic Transfers

 

Telephone us at 920-388-3466 or write us at 223 Ellis Street, Kewaunee, WI 54216 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.  We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us 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 within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.  If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

The 10-day periods in the preceding paragraph may be extended to 20 business days, if the error involves a transfer to or from the account within 30 days after the first deposit to the account was made.

If the error involves an electronic transfer from your account to buy goods or services direct from a merchant, a transfer initiated outside of the United States or a transfer that occurred within 30 days after the first deposit to the account was made, the 45 day time period to investigate your complaint or question will be 90 days in place of 45 days.

We will tell you the results within three 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.