Service Agreement for Online Banking & Bill Payment
ELECTRONIC DISCLOSURE AND CONSENT
To the extent that you have given your e-sign consent, you agree to receive the First State Bank Service Agreement for Online Banking electronically. You also agree to receive all changes and updates to this Service Agreement and all disclosures, notices and other communications regarding the Services (as defined below) 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 1-800-994-2500 or sending an e-mail to email@example.com
In order for you to access and retain disclosures electronically in connection with this Service, your system must meet the minimum system requirements provided in the Online Banking FAQs
found at www.bankfirststate.com.
This agreement ("Service Agreement") applies to various online banking, bill payment, and e-bill ("Service(s)"). "You" and "your" means the person enrolling in the Service. Thereby agreeing to this Service Agreement, both on your behalf and, if applicable, on behalf of your business as its authorized representative. "Us," "we," and "our" mean the applicable First State Bank 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 the instructions found on help screens. This Service Agreement and the Services are also subject to other agreements between you and us, including Terms & Conditions of Your Account and Funds Availability Policies. In case of conflict, this Service Agreement will control.
2. ELIGIBLE FIRST STATE BANK ACCOUNTS
To use the Services; you must have an eligible account. Eligible accounts for online banking are First State Bank checking accounts, savings accounts, money market accounts, CDs and IRAs, as well as consumer loan accounts, and certain business loan accounts. Eligible accounts for bill payment and e-bills are First State Bank checking accounts only. Some (but not all) types of accounts that have multiple authorized signers for withdrawals can be eligible accounts.
An eligible account can include an account held by a small business, even if the business has its own Federal Employer Identification Number, but only if the business meets our requirements for eligibility as a small business. Your Relationship Manager can tell you if your business is eligible, or if it needs to establish its own online banking account then use a separate Online Banking profile.
3. SERVICES OFFERED; TRANSACTION PROCESSING TIMES; TRANSACTION LIMITATIONS
A. Online Banking
i) Funds Transfers. You may use online banking to perform unlimited transfers between eligible accounts; provided, however, that you may perform no more than 6 transfers per month from any savings or money market account. You may make funds transfers between eligible First State Bank accounts by 7:00 p.m. CST on a Business Day.
ii) 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.
iii) Online Statements. Online Banking customers can enroll for Online Statements free of charge. Online Banking customers that choose to receive paper statements in lieu of Online Statements will be charged a paper statement fee each analysis cycle.
iv) Account Services. You may use online banking to, among other things, view copies of checks and deposit account statements, download your account information to personal management software and set up account alerts (e.g., to be notified if an account reaches a certain balance).
B. Bill Payment:
i) Make Payments. "Make Payments" are payments that you enter each time you want to make a payment. You schedule the date that you want the Bank to send the payment(s) ("Payment Date"). The Payment Date is the date that the Bank processes your payment, but it is not necessarily the date that your payment is processed by the payee. Please refer to the processing times set forth in this Section for more information.
ii) Automatic Payments. "Automatic Payments" are sent automatically on an ongoing basis. You set up payment rules based on the frequency, amount, and timing of a payment; however, the amount of an Automatic Payment is fixed and will not fluctuate unless you manually change the amount.
iii) Processing Time. You may add, delete or edit a Manual Payment up to 3:00 p.m. CST on the Payment Date. An Automatic Payment may be added, deleted or edited by 3:00 p.m. CST at least 1 Business Day prior to the Send On date. (Remember: modification of an Automatic Payment instruction will affect all future payments associated with that payment.) The Payment Date is not necessarily the date that your payment will be processed. To ensure on-time payments, allow at least 2 Business Days for electronic and 4 Business Days for standard check payments.
iv) Limitations. No single transaction shall exceed $5,000.00. The total amount of all bill payments and e-bill payments in any 1 Business Day shall not exceed $5,000.00. You may not use bill payment services to (a) pay taxes directly to governmental agencies or to make other payments directly to governmental agencies, (b) pay court-directed alimony or support, or (c) make payments to persons outside of the United States or U.S. territory.
v) General Release. If applying for the Bill Payment feature, First State Bank is authorized to review any consumer credit report and any internal banking account records for the evaluation of this application’s approval.
i) E-Bills. E-bills are a feature of Bill Payment that enable you to receive billing statements electronically if you authorize the Bank to obtain information from the biller and the biller permits electronic delivery of bills ("Participating Biller"). A billing statement will appear on First State Bank’s online banking Web site shortly after it is issued by a Participating Biller.
ii) Authorization. You must authorize First State Bank to obtain information from a Participating Biller in order to receive an e-bill. To do so, you must authorize us to use your username, password and any other private data that is necessary to set up an e-bill. You appoint us as your agent for the limited purpose of setting up e-bills.
iii) Periodic Statements. If you have authorized First State Bank to access your billing information from a Participating Biller, you will receive a periodic statement from each Participating Biller that you have authorized First State Bank to contact. Your e-bill will appear on First State Bank's online banking Web site with such frequency as determined by the Participating Biller and you. It may take up to 2 billing cycles before your e-bill appears on First State Bank’s online banking Web site. At all times, you are responsible for keeping your bills current and paid, including, but not limited to, the period during which your e-bills are being set up.
iv) Notifications and Reminders. You may set up e-mail alerts so that you receive an alert when your e-bill arrives and an alert when payment is due. Notifications and reminders are solely for your convenience; it is your responsibility to maintain an accurate e-mail address and to logon to the FIRST STATE BANK online banking Web site to check for the delivery or status of e-bills.
v) Automatic E-Bill Payments. You may set up automatic payment of e-bills so that a payment is sent in accordance with payment rules that you specify. If you cancel an e-bill with an automatic payment rule established, it might take up to 2 billing cycles for the automatic payments to cease.
vi) Paper Statements. Participating Billers may continue to provide you with paper copies of bills. FIRST STATE BANK is committed to reducing paper usage and waste; however, we have no control over Participating Billers and their decisions to continue sending paper statements. It is your responsibility to contact Participating Billers and request that they stop sending paper bills to you.
vii) Processing Time. You may add, delete or edit a Manual Payment up to 3:00 p.m. CST on the Payment Date. An Automatic E-bill Payment may be added, deleted or edited by 3:00 p.m. CST at least 1 Business Day prior to the Send On date. (Remember: modification of an Automatic Payment instruction will affect all future payments associated with that payment.) The Payment Date is not necessarily the date that your payment will be processed. Please allow at least 2 Business Days for electronic payments to ensure on-time payments.
viii) Limitations. The total aggregate amount of all bill payments, e-bill payments and Expedited Payments in any 1 Business Day shall not exceed $5,000.00. You may not use e-bill payment services to (a) pay taxes directly to governmental agencies or to make other payments directly to governmental agencies, (b) pay court-directed alimony or support, or (c) make payments to persons outside of the United States or U.S. territory.
4. AUTHORIZATION FOR SERVICES
A. General. With regard to all Services, you are responsible for having sufficient and available funds on deposit to make payments in full or transfers on scheduled dates. In our sole discretion, we may refuse to process any transaction that exceeds any limitation set forth in Section 3. We may deduct payments or transfers from your designated account in connection with any Services, even if such deduction creates an overdraft. You are liable for all overdraft fees.
B. Transfers. Inquiring on owned and some authorized accounts will be immediately available upon successful enrollment. The capability to transfer funds between accounts you own will be made available within three business days. If you wish to establish a transfer relationship between other accounts for which you are authorized, additional documentation may be required. Please contact First State Bank at 1-800-994-2500 during business hours for further information.
If you do not wish to authorize transfer capabilities between the accounts you own, you may opt out by indicating in writing the accounts you do not wish to have an established transfer relationship. This should be submitted to: First State Bank, PO Box 268, New London, WI 54961-0268.
C. Bill Payment Service. You authorize us to follow your payment instructions. For any bill payments, we will deduct your payment(s) from your checking account on the Send On Date or up to 2 Business Days after the Send On Date. For Automatic Payments, we will deduct your payment from your account on the start date ("Start Date") or up to 2 Business Days after 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 2 Business Days for electronic and 4 Business Days for standard check payments. If a Payee does not accept electronic payments, you authorize us to make payment by check. You authorize us to make payments by electronic, paper or other means that we determine is appropriate.
D. E-Bill Service. You authorize us to obtain information from Participating Billers by using confidential sign-on information, such as a username and password, which you provide to us. You authorize us to follow your payment instructions. We will deduct your payment(s) from your checking account on the Send On Date or up to 2 Business Days after the Send On Date. Please allow at least 2 Business Days for electronic payments to ensure on-time payments. You authorize us to make payments by electronic, paper or other means that we determine is appropriate.
5. UNAUTHORIZED TRANSACTIONS.
An "unauthorized transaction" is an online banking transfer, bill payment, or e-bill payment that does not benefit you and is made by a person who does not have actual authority to make such payment or transfer. A transaction by a joint account holder or other person with an interest in your account is not an unauthorized transaction. We may require you to change your Codes periodically.
Error Resolution Notice – In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed in this disclosure, 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 mailed or made available electronically to you the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- 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.
- 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 (5 business days for Money (debit) Card Point of Sale transactions by Visa and 20 business days if the transfer 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 transfer involved a new account, a Point of Sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 days for Money (Debit) Card Point of Sale transactions processed by Visa and 20 business days if the transfer 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 complete our investigation. If we ask you to put your complaint or question in writing and we not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you’re the results within three business days after completing our investigation. If we decide that there was not error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Contact us immediately if you believe someone has obtained your Codes or if someone has transferred or may transfer money from your accounts without your permission. Contacting us at 1-800-994-2500 during business hours or at 1-877-557-3636 during non-business hours is the best way of minimizing your losses. Alternatively you may fax us at (920) 982-7498 or write us at: FIRST STATE BANK PO Box 268, New London, WI 54961-0268. If your monthly statement contains transactions that you did not make, notify us at once.
6. YOUR LIABILITY AND RESPONSIBILITIES.
Consumer Liability – Generally – Tell us AT ONCE if you believe that your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You can lose no more than $50 if you if you fail to give us notice of a lost or stolen card and /or code. If you do not give us notice after learning of the loss or theft of your card and/or code, you will be liable for the lesser of:
- The amount of any money, property, or services obtained by unauthorized use of the card and/or code before you gave us notice.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once.
If you do not tell us within 60-days after the statement was mailed or made available electronically to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money 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.
Upon termination of any Service, you will be responsible for making arrangements to pay any future, recurring or automatic payments. We reserve the right to refuse to pay a Payee or Participating Biller or to transfer funds for any reason that we deem sufficient, including, without limitation, if (a) your designated account has insufficient available funds, (b) a Payee or Participating Biller has refused to accept a payment, (c) you attempt to make a payment directly to a governmental agency or to a Payee or Participating Biller outside of the United States or a U.S. territory, (d) you attempt to make a court-directed alimony or support payment, or (e) you are making payments to a Payee or Participating Biller, the underlying purpose of which violates any state or federal law.
Except where expressly stated otherwise, you are solely responsible and liable for paying your bills and for making alternative arrangements of receiving or paying your bills if for any reason you cannot access Services on the FIRST STATE BANK online banking Web site or Services are terminated by you or us. You will contact a Payee or Participating Biller if you do not receive a bill or e-bill or cancel an e-bill. You will contact a Payee or Participating Biller if a bill or e-bill is inaccurate or incomplete. You will contact a Payee or Participating Biller if there are any updates or changes to your personal information, including, but not limited to, name, address, e-mail address, username or password.
Removal from an eligible business account. If you are a signer or an authorized user on an eligible business account, as described in Section 2, we may, in good faith, rely on resolutions or any other documentation presented to us which purports to remove you as a signer or authorized user on such business account. If you are removed, your online access to such accounts will be terminated. In the event you have linked your personal accounts to such business accounts, your ability to view your personal accounts and statements online may also be terminated. In the event you are removed as a signer from a business account to which you have previously linked personal accounts, you should contact us immediately at 1-800-994-2500. We will help you create a new online banking profile that will allow you to regain online access to your personal accounts.
7. BANK'S LIMITATION OF LIABILITY.
The date that a Payee, Participating Biller or financial institution credits a payment depends upon the payment processing procedures of that Payee, Participating Biller or financial institution as well as any specific requirements for payments and delays in receiving payments. We will use good faith efforts to complete all of your payments properly. However, except as provided in the next paragraph, we will incur no liability whatsoever if we are unable to complete any payment or transfer 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 amount of your designated account's overdraft service or line;
B. You have exceeded or will exceed your daily transaction limit for a particular Service, in which case we have the right to process payments or transfers in any order that we determine in our sole discretion is appropriate;
C. Your failure to follow a Payee's or Participating Biller's payment requirements;
D. Your failure to schedule a proper date for payment sufficiently in advance of the date that a payment is due;
E. Your failure to transfer funds from an Approved Financial Institution to an eligible FIRST STATE BANK account sufficiently in advance of the date that you need to use or withdraw the funds (including consideration for weekends, bank holidays, and the unavailability of funds for use after being deposited into an eligible FIRST STATE BANK account);
F. The Services, our equipment, the software, or communications link is not working properly;
G. The Payee or Participating Biller mishandles, delays posting a payment, or refuses or is unable to accept a payment;
H. The Participating Biller fails to deliver your billing statement to us;
I. Your e-bill is inaccurate or incomplete;
J. You have not provided us with the correct name(s), address or account information for Payees or Participating Billers;
K. You fail to provide Payees, Participating Billers or us with your updated or changed personal information, including, but not limited to, your name, address, phone number, e-mail address, username and password;
L. Your subscription to any Services has been terminated for any reason;
M. For circumstances beyond our control, including, but not limited to, fire, flood or interference from an outside force, prevent the proper execution of the transaction.
N. The transfer of your funds is restricted by legal process or holds;
O. You fail to logon to the FIRST STATE BANK online banking Web site to check on the delivery or status of e-bills;
P. You fail for any reason to receive a notification or reminder regarding the delivery or status of an e-bill;
Q. Delays in any mail service or e-mail service; or
R. Any other exceptions stated in this Service Agreement or related agreements or Terms & Conditions of Your Account and Funds Availability Policies.
If you follow all of the procedures described in this Service Agreement as well as on any online help screens, and if we, solely as the direct result of our error, misdirect or fail to timely send a properly authorized and properly set up payment or transfer, then we will reimburse you for any late charge penalty assessed by a Payee, Participating Biller or financial institution because your payment or transfer was received late. If, solely as a direct result of our error, we incorrectly execute the amount of your payment or transfer request, then we will credit or debit your account, whichever may be applicable, with the difference between the actual amount that we debited and the proper amount that should have been debited. If, solely as a direct result of our error, we send a payment or transfer to an incorrect person, then we will return the improperly transferred funds to your account and subsequently pay or transfer the funds from your account to the proper Payee, Participating Biller or financial institution. In all other events, the risk of incurring and the responsibility for paying any and all late charges or other damages or penalties shall be borne exclusively by you. If you think you are entitled to a reimbursement for a late charge penalty, call us at 1-800-994-2500.
Our responsibilities above for late charges and incorrect or misdirected payments or transfers 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 to use the 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, at a minimum, 128-bit encryption enabled. Your access to the Services may be limited in whole or in part by your method of accessing the Services as well as by your hardware and software.
11. ACCESS CODES AND SECURITY
To help enhance your security, you must follow these general safety guidelines:
A. Never leave your computer or other access device (e.g., mobile phone) unattended while logged on to any Service.
B. Memorize your user ID and password ("Codes").
C. Change your Codes regularly.
D. Choose Codes that are not easy to guess. Use a minimum of 8 characters and a maximum of 16 characters with a combination of at least 2 numbers and 2 letters (e.g., 9aA6Bc3d). Codes are case sensitive and should contain at least 1 lower case and 1 upper case alphabetic character. Do not use names of family members, pets, common character sequences, proper names, geographic locations, personal details such as a Social Security number or birthday, etc. Words in a dictionary, derivatives of user IDs and common character sequence such as "12345678" should not be employed.
E. Never disclose your Codes to any other person. Your Codes are for your personal use and should be kept confidential by you. If someone identifies himself as a First State Bank employee and asks for your Codes, that person is an imposter.
i) Do not save passwords on your computer or any other access device (e.g., mobile phone)
ii) Check your statements and review your banking transactions promptly, thoroughly and regularly. You should report any errors or problems to First State Bank immediately.
iii) Should you receive a suspicious e-mail or telephone request for information that purports to be from First State Bank, you must immediately notify your Relationship Manager or call First State Bank direct at 1-800-994-2500.
NOTE: If anyone has a joint ownership interest in your account, including joint accounts, or you grant a third-party the ability to access your accounts via our online banking platform, the third-party may also be able to view any account relationships you have with our affiliates (see Section 3(A)(iii)).
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 and amended 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.
Depending on your plan with your Internet provider or mobile phone carrier, you might incur access and/or data transmission fees for using the Services. Check with your Internet provider or mobile phone carrier for more information on applicable fees.
A. Your wireless carrier's standard message and data rates may apply to SMS correspondence. First State Bank does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your Wireless Carrier. One text message per query.
B. You represent that you are the owner, or authorized user of the wireless device you use to receive the service, and that you are authorized to approve the applicable charges.
C. We will send you a message only once, and only with your explicit agreement as indicated by your continuation of the process flow.
D. First State Bank and your wireless carrier are not be liable for any delayed or undelivered messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
E. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
F. The service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
G. The service is available only in the United States.
H. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
I. If you have any questions, e-mail firstname.lastname@example.org
. You can also text the word HELP to 32858 to get additional information about the service. If you receive a message from us unexpectedly, you can text the word STOP to 32858. We do not charge for help or info messages; however, your normal carrier rates apply.
14. 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. If provided electronically, disclosures will be provided to you in one of several ways. These are as follows: (a) by online banking message, (b) by e-mail at the e-mail address we have on record, (c) 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 (d) to the extent permissible by law, by access to a Web site that generally we will identify in advance for such purpose.
If you consented by e-sign to receive Changes electronically, then you may need to use certain hardware or software to receive such Changes to the Service Agreement electronically. From time to time, we will provide you with information electronically about the hardware and software necessary to access or retain Changes to the Service Agreement. You will also need the ability to print or download the information if you wish to retain copies for your files. 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 call us toll free at 1-800-994-2500, Monday through Friday from 8:00 a.m. to 5:00 p.m.
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 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 Services, or related material and limit access to the Services more recent revisions and updates.
15. TERMINATION OR DISCONTINUATION
In the event that 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: (920) 982-7498
B. Write us at: First State Bank, P.O. Box 268, New London, WI 54961-0268
We reserve the right to suspend, revoke or terminate your use of the Services in whole or in part at any time. Suspension, revocation, termination or discontinuation will not reduce your liability or obligations under this Service Agreement.
16. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
We may disclose information about you and your designated account or transactions on your designated account as provided in our Terms & Conditions of Your Account and Funds Availability Policies and our privacy statement called "Protecting Your Privacy." In addition, we have the right to obtain and disclose information regarding your designated account or transactions on your designated account from or to a Payee, Participating Biller or financial institution to resolve problems associated with a payment-posting or funds transfer.
17. BUSINESS DAYS/HOURS OF OPERATIONS.
Business Days are Monday through Friday, except federal holidays. We may require that all transactions be performed on a Business Day. If a payment or transfer is not initiated in accordance with the Processing Times set forth in Section 3 for each Service, First State Bank will not begin processing the payment or transfer until the following Business Day.
A. Your monthly account statement will contain information about any bill payment transactions, e-bill transactions, or funds transfers 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 Service Agreement and the Rules for Funds Availability and the Terms & Conditions Policies and not to representations made by our employees or agents.
C. You represent and warrant that you are at least 18 years of age.
D. 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.
E. This Service Agreement shall be governed by and construed in accordance with the laws of the United States and the laws of the state of Wisconsin.
19. SECURITY NOTICE.
To help protect our customers from security threats, FIRST STATE BANK utilizes the following approach, which you hereby agree to. You acknowledge that these procedures are a commercially reasonable method of providing security against unauthorized payment orders or other transactions and that these procedures are not for the detection of error.
A. FIRST STATE BANK will do the following, as applicable:
i) Offer customer education and awareness programs dealing with identity theft, phishing, smishing and malware.
ii) Identification of customers when logging on will consist of multi-factor authentication that utilizes user IDs and passwords, plus either pictures and phrases/challenge questions. FIRST STATE BANK reserves the right to modify the identification process from time to time to implement new measures that are recommended in the industry to combat new or increased threats.
B. You are responsible to install, update, maintain and properly use industry standard security products that are appropriate for you, such as the following:
i) Desktop firewall used to prevent unauthorized access to your network
ii) Updated anti-virus protection used to prevent your computer or other access device from being victimized by the latest viruses and Trojans.
iii) Updated anti-spyware protection used to prevent spyware from providing potential tracking information about your Web activities.
iv) Operating system and desktop applications updated with the latest patches when they are available, particularly when and if they apply to a known exploitable vulnerability.
v) A product that indicates the Web site you are on, or an Internet browser that indicates the site name.
Online Statements & Disclosures Service Agreement
ONLINE STATEMENT OVERVIEW
This Online Statement Agreement ("Agreement") applies to checking, savings and money market accounts ("Account") you own at First State Bank. By choosing to receive First State Bank Online Statements ("Online Statements"), statements for all eligible Accounts will be available for you to access online unless you choose otherwise for a particular account. Upon enrolling for Online Statements, you will receive an email notification when your first, and subsequent, Online Statements are available in Online Banking. You will be able to view, print, and save Online Statements to your personal computer. Your online statements will be retained in your Online Banking profile beginning with your first electronic statement and as long as your account(s) remain enrolled for Online Statements.
If you no longer wish to receive Online Statements for a particular Account, you can revert to paper statements by clicking on the Customer Service tab of Online banking, selecting “Change statement delivery method,” and selecting the paper option for that particular Account. Note, if you change the delivery method to “paper” and depending upon your account type, there may be a $3.00 service charge per statement cycle to receive a paper statement when your account is enrolled in Online Banking. For combined statements, the primary Account must be activated to allow Online Statements. Your primary account is the first account presented on your combined statement. Should you have questions regarding this information, contact First State Bank’s Customer Care Center at 1-800-994-2500.
ONLINE STATEMENTS & DISCLOSURES SERVICE AGREEMENT
This Online Statement & Disclosures Agreement supplements the terms and conditions that apply to the First State Bank Online Banking application you use, which are set forth in a separate agreement you have previously agreed to.
The words "we," "us" and "our" mean the First State Bank office with which you have your Account, and the words "you" and "your" mean you, the individual who is identified on the Account as the owner or authorized signer on the Account(s) and who is agreeing to be bound by this Agreement, both on your behalf and, if applicable, on behalf of your business as its authorized representative. As used in this Agreement, "Disclosure" means any account statement, authorization, agreement, disclosure, notice, or other information related to your Accounts including, but not limited to, information that we are required by law to provide in writing.
1. DISCLOSURES WE WILL PROVIDE TO YOU ELECTRONICALLY
When you activate Online Statements associated with your Account(s), you agree that we may provide you with any Disclosures relating to your Account(s) in electronic format, and that we will discontinue sending paper Disclosures to you. We will only provide Disclosures to you electronically unless and until you withdraw your consent as described below. Your consent to receive Disclosures electronically includes, but is not limited to:
- Account statements and related Disclosures;
- initial Disclosures or agreements for your Account(s) or associated payment features;
- notices or Disclosures about a change or amendments in the terms of your Account(s) or associated payment feature; and
- privacy statements at bankfirststate.com.
2. HOW WE WILL PROVIDE DISCLOSURES ELECTRONICALLY
All Disclosures will be provided to you electronically in one of several ways. These are either:
A. by Online Banking Message or email at the most current address we have on record,
B. by access to a web site that we will identify in an Online Banking Message or email 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 we will identify in advance for such purpose.
3. HOW YOU CAN WITHDRAW CONSENT TO RECEIVE ONLINE STATEMENTS AND DISCLOSURES ELECTRONICALLY
You may withdraw your consent to receive Online Statements and Disclosures electronically for any of your Accounts by either changing your Statement delivery method within the Customer Service tab of Online Banking or by contacting us at 1-800-994-2500. We may treat an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive Online Statements and Disclosures electronically. We will not charge you a fee to process the withdrawal of your consent, however a monthly service fee to receive paper statements may apply depending on the type of account you own. If you withdraw your consent to receive Online Statements and Disclosures electronically, the withdrawal will become effective after your request is processed.
If you close your primary Account or select the paper statement preference for your primary Account, all Accounts included on that combined statement will revert to delivery of the Disclosures by the U.S. Postal Service. Note, you will no longer have access to Online Statements previously received for closed accounts or on accounts for which the delivery method has been changed to a paper statement. Online Banking customers who receive paper statements will be charged a paper statement fee each analysis cycle.
4. HOW YOU CAN UPDATE YOUR RECORDS
It is your responsibility to provide us with an accurate and complete email address, contact, and other information related to this Disclosure and your Account(s). You must maintain and promptly update this information with any changes. You can update your email address in the Customer Service tab of Online Banking. To update all other information, call us at 1-800-994-2500.
5. HARDWARE AND SOFTWARE REQUIREMENTS
In order to access, view, and retain electronic Disclosures, you must have:
- a personal computer, operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying and either printing or storing Disclosures you receive from us electronically via a .pdf file*, a plain text formatted email or by access to our Web site using one of the browsers specified below;
- an internet browser that meet our minimum requirements; and
- an email account with an Internet service provider and the appropriate software.
*To view .pdf files you will need to have a recent version of Adobe Reader installed on your personal computer: http://get.adobe.com/reader/
6. HOW TO REQUEST PAPER COPIES
You can obtain a paper copy of a Disclosure provided to you electronically either by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy of any disclosure, contact First State Bank at 1-800-994-2500. You may incur a service charge for the delivery of paper copies of any Disclosures provided to you electronically pursuant to your authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Disclosure. We will not send you a paper copy of any Disclosure unless you request it or we otherwise deem it appropriate to do so.
7. DISCLOSURES IN WRITING
All Disclosures we provide to you, regardless of the format, will be considered "in writing." You are deemed to receive Disclosures when they are made available to be accessed by you. You should print or download a copy of your Online Statements, this Agreement, your initial authorization to receive Online Statements plus any changes to that authorization, and any other important Disclosures for your records.
8. APPLICATION OF FEDERAL LAW
You acknowledge and agree that your consent to receive Disclosures electronically is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act ("Act"), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
We reserve the right, at our sole discretion, to discontinue providing Disclosures to you electronically, or to change or terminate the terms and conditions under which we provide Disclosures electronically. We will provide you with notice of any such termination or change in the manner described in Paragraph 2, above. Your decision to continue to receive Disclosures online will constitute your agreement to any such changes.
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