The Bank of Prairie du Sac Internet Banking Agreement and Disclosure Statement (this "agreement") governs the use of the Internet Banking Services described herein (collectively, the "Service"), which are offered by and through Bank of Prairie du Sac ("Bank", "we", or "our"), to each consumer or business whose application (the "Application") for the Service is approved. Each reference in this Agreement to "you" or "your" means each consumer who submits the Application (and refers to all such consumers jointly and severally) or the business that submits the Application. By submitting the Application, you agree to the terms of this Agreement. If you have submitted your Application as a consumer, you also agree to the terms of this Agreement applicable to "Consumer Service" and further agree that you will use the Service only for personal Accounts (as defined below) and only for personal, family or household purposes. If you have submitted your Application as a business, you also agree to the terms of this Agreement applicable to "Business Service" and further agree to use the Service only for business accounts and only for business purposes. Please read this Agreement carefully and keep a copy for your records.
ACCOUNT REQUIREMENTS. In order to subscribe to the Service, you must have at least one checking account ("Checking Account") with us designated on the Application. You may also include other checking accounts and one or more savings accounts, money market deposit accounts, certificates of deposit, and loan accounts you have with us (collectively with the Checking Account, the "Accounts"). Each Account may not be an account for which two signatures are required for withdrawals or loans. For Business Service, each "Administrator" identified on the Application must be an authorized signer on each Account. Use of the Service will be subject to the underlying deposit account or loan account agreement for each Account (the "Account Agreement").
HARDWARE AND INTERNET USE.
Mobile Device Technical Requirements. Text Message Banking requires a mobile phone with an active text messaging service. Mobile Web Banking requires a mobile device with Web browsing capabilities and an active data plan through a wireless carrier. Mobile Apps requires an iPhone, iPod Touch or iPad device or an Android mobile device with access to 3G/EDGE, 4G/LTE or WIFI.
No Liability. We are not responsible for any error, damage or other loss you may suffer due to the malfunction or misapplication of any software or system you use, including, without limitation, any web browser, any Internet service provider, or any equipment you may use, including, without limitation, telecommunications facilities, computer hardware, modem, and mobile devices. You are solely responsible for the set-up and maintenance of your computer, modem, and mobile devices. Except as specifically required in this Agreement or by applicable law, you agree that we will not be liable for any damage, whether direct, indirect, special or consequential or otherwise, including economic, property, personal, or other loss or injury, whether caused by hardware or system-wide failure, whether due to a virus or other disabling routine, or otherwise, or resulting from the installation, use, or maintenance of the equipment, or other items necessary to access or use the Service.
USER ID, PASSWORD, CUSTOMER ID, AND PERSONAL SECURITY CODE.
Consumer Service and Business Service. The Internet Banking Service (as defined below) has a User ID, Password, and a process for Multi-factor authentication. All such codes are referred to herein as the "Codes". You will be prompted to enter a new User Identification code as well as a Password. You can change your Password online. You should keep your Codes confidential and in a secure location. Any person having access to any of your Codes, including without limitation, any Designated User for Business Service, will be able to access the Service and perform transactions, including reviewing Account information and making transfers to other Accounts and to third parties. We recommend, and reserve the right to require, that you change your Codes from time to time for security reasons.
Granting Access to Other People (Shared Access)
As the authenticated primary user of online banking, you have the ability to entitle another person or persons (sub-users) with access to your online banking site and with certain authorities with respect to your accounts. Shared Access include view-only access, making transfers between designated accounts and initiating payments from designated accounts, granted individually or in combination. You have sole authority and control in sharing access with, managing and disabling sub-users and/or their respective authority. You authorize us to act on transaction instructions initiated under the credentials of an authenticated sub-user, just as if it was initiated under your credentials. When granting Shared Access, you assume total liability for any and all activities of a sub-user with respect to your accounts, and you agree to hold us harmless in any claim you make against a sub-user for breach of your agreement with said sub-user pursuant to Shared Access. Account Holders should closely and regularly monitor the activities of sub-users who access this service and notify Bank of Prairie du Sac immediately if there is any reason to believe the security or confidentiality of the account has been breached.
Upon death of all account owners, the person(s) granted access (sub-users) will no longer be able to access account information.
This Shared Access feature provides access to information and the ability to transfer funds within Online Banking ONLY. Please contact a Personal Banker at 608.643.3393 for account access options outside of Online Banking and for any additional questions about Shared Access.
Business Service. You agree that the Codes constitute a "commercially reasonable" security procedure for the verification of the authenticity and accuracy of transactions initiated through the Service. You authorize us and our service provider to rely and act upon any transaction or inquiry initiated through the Service using the Codes and agree to be responsible for any such transaction or inquiry that is processed in good faith.
AVAILABILITY OF SERVICE. The Service will be accessible 24 hours a day, seven days a week. The Service may be inaccessible for a reasonable period on a daily basis for system maintenance. We shall not be liable under this Agreement for failure to provide access. Your access to the Service shall be determined in the sole discretion of the Bank. Subject to applicable law, the Bank reserves the right to modify, suspend, or terminate access to the Service at any time and for any reason without notice or refund of previously incurred fees.
BUSINESS DAYS. Our "Business Days" are Monday through Friday, excluding holidays.
FUND TRANSFERS AND ACCOUNT INFORMATION.
Internet Banking, Consumer Mobile Banking, Text Message Banking, and Mobile App Services: You may use these Service to (i) transfer funds between your Accounts that are checking, savings, money market deposit, or open-end loan accounts; (ii) view current balance information for your Accounts
Internet Banking Service Only: (i) import or export you Account information to and from Quicken or Microsoft Money financial management software (1997 and subsequent versions).
Fund Transfers; Authorization. You may transfer funds between your Accounts that are checking, savings or money market deposit accounts in any amount equal to or greater than $1.00 and less than $10,000.00. When you request a fund transfer using the Service, you authorize us to follow the transfer instructions and transfer the funds from the designated originating Account to the designated recipient Account. The "Transaction Date" is the date that the fund transfer is actually made.
If we receive your fund transfer or loan payment transfer request before 5:30 p.m. Central Time on a Business Day we are open, that Business Day will be the Transaction Date. Otherwise, the Transaction Date will be the next Business Day we are open.
We deduct the amount of your fund transfer from the designated originating Account on the Transaction Date. We may refuse to act on your fund transfer instruction if sufficient funds, including funds available under any overdraft plan, are not available in your Account on the Transaction Date. Funds transferred to the designated recipient Account will be deemed deposited on the Transaction Date and will be available thereafter in accordance with our funds transfer availability policy.
Account Information. The Account balance shown will be current as of the immediately preceding Business Day. The Account balance may include deposits still subject to verification by us and may not include deposits or loans in progress, outstanding checks or payments, or other withdrawals, payments, credits, or charges.
BILL PAYMENT AND PRESENTMENT SERVICE.
Bill Payment and Presentments. You may also use the Service to pay bills if you choose the Bill Payment and Presentment Service. The Bill Pay Service is administered by FIS. Unless the context clearly requires otherwise, all references to the "Service" herein also refer to the FIS Bill Payment and Presentment Service as long as you subscribe to the Bill Payment and Presentment Service. With the Bill Payment and Presentment Service, you may make current, future, or recurring payments to certain companies or individuals you select. For security reasons, recurring payments and the ability to set up new or modify existing payees is restricted in the Mobile App Services.
Payment Account. When you sign up for the Bill Payment and Presentment Service, you must designate a checking account with us as the account from which Bill Payment and Presentments should be made (the "Payment Account")
Payees. You may designate payees through the Bill Payment and Presentment Service (each, a "Payee"). You must provide sufficient information about each payee as requested from time to time to properly direct a payment to that Payee and permit the Payee to identify the correct account to credit with your payment. This information may include, without limitation, the name and address of the Payee and your Payee account number. The Payee must have a United States payment address that can be verified in the ordinary course of business. Occasionally a Payee may choose not to participate in the Bill Payment and Presentment Service or may require additional information before accepting payments. While we work with these Payees to encourage them to accept an electronic or check Bill Payment and Presentment through the Bill Payment and Presentment Service, the Payee may not accept such Bill Payment and Presentments or may not be able to process Bill Payment and Presentments in a timely manner. In that event, we may decline to make future payments to this Payee and a notice will be sent to you. For security reasons, the ability to set up new or modify existing payees is restricted in the Mobile App Services.
Authorization. When you schedule a Bill Payment and Presentment using the Bill Payment and Presentment Service, you authorize us to follow the payment instructions and transfer funds from your Payment Account with us to the Payee. We may refuse to act on your instruction if sufficient funds, including funds available under any overdraft plan, are not available in your Payment Account on the date you want us to process you payment (the "Transaction Date"). We reserve the right to refuse to make any Bill Payment and Presentment.
HOW BILL PAYMENT AND PRESENTMENTS ARE MADE, CHANGED AND CANCELED. The date that you request a Bill Payment and Presentment is the "Initiation Date". The date that an electronic fund transfer made from the Payment Account or a check is drawn on the Payment Account to make the Bill Payment and Presentment is the "Transaction Date".
Today Payments. You may schedule the Transaction Date of a Bill Payment and Presentment to be the first Business Day after the Initiation Date by designating the Bill Payment and Presentment as a "Today Payment". You must have sufficient available funds in the Payment Account on the Initiation Date. Today Payments may be changed or canceled only during the course of the online session during which the Bill Payment and Presentment is requested.
Future Payments. You may schedule the Transaction Date of a Bill Payment and Presentment to be a future date within 365 days of the Initiation Date by designating the Bill Payment and Presentment as a "Future Payment". You must have sufficient available funds in the Payment Account as of the Business Day immediately preceding the Transaction Date. Future Payments may be changed or canceled online until 11:00 p.m. Central Time of the Business Day before the Transaction Date.
Recurring Payments. You may schedule a Bill Payment and Presentment to be automatically initiated in a fixed amount on the same Transaction Date every month by designating the Bill Payment and Presentment as a "Recurring Payment". The date on which a Bill Payment and Presentment is scheduled to be initiated is referred to below as the "Recurring Payment Date ". If the Recurring Payment Date is a date that does not exist in a certain month, the Bill Payment and Presentment will be initiated on the last Business day of the month. For example, if you schedule a Bill Payment and Presentment for the 30th of each month, the Bill Payment and Presentment for the month of February will be initiated on or before the 28th of February. If the Recurring Payment Date falls on a day other than a Business Day in any month, the Bill Payment and Presentment will be initiated on the next Business Day. For example, if you schedule a check to be issued on the 15th of each month and the 15th is a Saturday or Sunday of that month, a check will be issued on the first Business Day after the 15th. Thus, the actual Transaction Date for any month may not be the Recurring Payment Date. Recurring Payments may be changed or canceled online until 11:00 p.m. Central Time of the Business Day before the Transaction Date.
Scheduling Payments. We deduct the amount of the Bill Payment and Presentment from your Payment Account on the Transaction Date. If the Transaction Date that you schedule is not a Business Day, the actual Transaction Date will be the next Business Day. To ensure that your Bill Payment and Presentments arrive on time, you must schedule the Transaction Date for each Bill Payment and Presentment to be at least 5 business days for payments sent by mail and 3 business days for payments sent electronically via the Bill Payment and Presentment system before the Payment Due Date, not including any applicable grace period. This generally allows sufficient time for the Payee to receive and post your Bill Payment and Presentment. We are not responsible for postal delays or processing delays by the Payee. Payments made through the Bill Payment and Presentment Service are assigned a unique confirmation reference number. You may review payments on our website.
Sufficient Available Funds. When FIS attempts to debit an account and finds insufficient funds, a $30.00 NSF fee is charged by Bank of Prairie du Sac. The following steps are taken by FIS:
For electronic payments:
Method of Payment. You authorize us to make the Bill Payment and Presentments you request through the Bill Payment and Presentment Service in any one of the following ways. Bill Payment and Presentments may be sent through an electronic transmission to the Payee. Payees that receive electronic delivery will receive your payment information, including your account number, through a computer link. Payments made electronically are generally received and credited by most Payees within three to four business days. Bill Payment and Presentments may be made by a check mailed to the Payee. When more than one customer schedules a payment to the same Payee on the same date (which frequently happens), a consolidated check may be issued to the Payee with an accompanying paper list of each customer by name, each account number to be credited, and the amount of each payment. All checks are sent through the United States mail. Payments made with a check are generally received and credited by most Payees within ten business days.
Late Charges. If you properly request a Bill Payment and Presentment and the Payee does not post the Bill Payment and Presentment on time, our service provider will work with the Payee to have any late fee reversed and will pay any late fee that is not reversed, up to $50, if the following conditions are satisfied: (i) the payment was properly scheduled to be initiated on a Transaction Date at least ten (10) Business Days prior to the Payment Due Date; (ii) the correct Payee name, address, confirmation number, account information, and payment amount were properly provided to the Bill Payment and Presentment Service; (iii) the Checking Account contained sufficient available funds to complete the Bill Payment and Presentment on the Transaction Date; (iv) the late payment fee or penalty, or the method of its calculation, was published by the Payee prior to the Payment Due Date; and (v) your PC, modem or mobile device were functioning properly on the Transaction Date.
Stopping Bill Payment and Presentments. If you have told us in advance to make Recurring Payments out of your Payment Account, you can stop or change any of these Bill Payment and Presentments from within the Bill Pay application or by calling Bank of Prairie du Sac at (608) 643-3393, or write to Bank of Prairie du Sac Attn: Internet Banking Service / Bill Payment, PO Box 130 Prairie du Sac, WI 53578, in time for your request to be received three (3) Business Days or more before the Scheduled Transaction Date or Recurring Payment Date of the Bill Payment and Presentment. If you call, you may also be required to put your request in writing and get it to the above address within fourteen (14) days after you call. For Business Service, stop payment orders must be in writing on your letterhead stationery signed by a Designated User. You agree to pay a service fee of $25.00 and that the fee will be automatically debited to your Payment Account for each stop-payment order you give.
LIMITS ON TRANSFERS FROM ACCOUNTS. Federal regulations limit the number of certain types of transfers from savings and money market deposit accounts. You are limited to six pre-authorized electronic fund transfers and telephone transfers, including Bill Payment and Presentment transactions, checks and point-of-sale transactions, per month. Each fund transfer or Bill Payment and Presentment through the Service from your savings or money market deposit Account is counted as one of the six 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. Your ability to transfer funds from certain Accounts is also subject to the Account Agreements. You should refer to these agreements for legal restrictions and service charges applicable for excessive withdrawals and transfers.
MOBILE DEPOSIT SERVICES AGREEMENT. Mobile Deposit is designed to allow you to make deposits of checks ("original checks") to your accounts from home or other remote locations by scanning the original checks and delivering the digital images and associated deposit information ("images") to us, or our processor, with your Mobile Device. After you login to Mobile Banking, you may apply for Mobile Deposit.
Limits: We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.
Eligible items: You agree to scan and deposit only checks (i.e., drafts drawn on a credit union, savings and loan or bank and payable on demand) as the term is defined in Federal Reserve Regulation CC ("Reg CC"). You agree that the image of the check transmitted to Bank of Prairie du Sac shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not use Mobile Deposit to deposit:
Requirements: Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and "via mobile deposit at Bank of Prairie du Sac". Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.
Receipt of Deposit: All images processed for deposit through Mobile Deposit will be treated as "deposits" under your current Account Agreement with us and will be subject to all terms of the Account Agreement, unless stated differently in this Mobile Deposit Service Agreement. When we receive an image, we will confirm receipt via e-mail to you. We shall not be deemed to have received the image for deposit until we have confirmed receipt to you. Confirmation does not mean that the image contains no errors. We are not responsible for any image that we do not receive.
Following receipt, we may process the image by preparing a "substitute check" or clearing the item as an image.
We reserve the right, at our sole and absolute discretion, to reject any image for mobile deposit into your account. We will notify you of rejected images via e-mail at the address we have on record in on-line banking.
Original checks: After you receive confirmation that we have received an image, you must securely store the original check for 14 calendar days after transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you will deliver to us within 10 calendar days, at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after such period expires, you must destroy the original check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check.
You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Returned Deposits: Any credit to your account for checks deposited using Mobile Deposit is provisional. If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. Fees for any returned and chargeback items will be assessed per your Deposit Account Agreement. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
Your Warranties: You make the following warranties and representations with respect to each image:
With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Compliance with Law: You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
Mobile Deposit Service Unavailability: Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event that Mobile Deposit is unavailable, you may deposit original checks at our branches.
Funds Availability: You agree that items transmitted using Mobile Deposit are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. If an image of an item you transmit through Mobile Deposit is received and accepted before 5:00 pm Central Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Bank of Prairie du Sac may delay availability of funds based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Bank of Prairie du Sac, in its sole discretion, deems relevant.
Mobile Deposit Security: You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction.
Errors in Transmission: By using Mobile Deposit you accept the risk that an item may be intercepted or misdirected during transmission. Bank of Prairie du Sac bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
Your Responsibility: You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us. It is your responsibility to closely examine notices and statements sent by Bank of Prairie du Sac with "reasonable promptness." If you discover any unauthorized deposit activity, you must promptly notify us of the relevant facts.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Digital Insight and Ensenta Software, LLC, retain all rights, title and interests in and to the Services, Software and Development made available to you.
Accountholder's Indemnification Obligation: You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to Digital Insight. (Digital Insight) and Ensenta (Ensenta), and hold harmless Digital Insight, its affiliates, officers, employees and agents, as well as Ensenta, its affiliates, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to FI or End User's use of the Services, Ensenta or Digital Insight Applications, unless such claim directly results from an action or omission made by Digital Insight or Ensenta in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
Financial Information: You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any Remote Banking services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.
FUNDS TRANSFER (EXTERNAL) AND POPMONEY. With our fully interactive on-line money transfer service (the "Funds Transfer and Popmoney" referred to in this agreement as the "Service", includes both Funds Transfer and Popmoney), you may transfer funds from any of your accounts at any Financial Institution to any other account held by you or another person at the same or another Financial Institution — referred to in this agreement as "Accounts" — assuming, of course, that the transfer is permitted by your Financial Institution and by law.
Any reference to Bank of Prairie du Sac in this Service Agreement (referred to throughout as the "Agreement") includes any directors, officers, employees, contractors, service providers, agents or licensees of the Bank. As used in this Agreement, the words "you" and "your" refer to you as the user of the Service; the words "we," "us," "our", "the Bank" and any other variation thereof refer to Bank of Prairie du Sac.
Acceptance of Terms: This Agreement sets out the terms and conditions (the "Terms") on which our service provider and Bank of Prairie du Sac will provide and you may use the Service and forms part of a legally binding agreement between you and the Bank. When you click on the "I Agree to accept the terms and conditions" button, you will complete an application to receive the Service, and you agree to accept the Terms, including any amendments to this Agreement or any changes in the Terms. Your application may be accepted or declined by our service provider and/or Bank of Prairie du Sac based on specific criteria. If you do not agree to all of the Terms, do not accept the Terms & Conditions. If you do not accept and agree to all of the Terms, you will not be entitled to use the Service. Bank of Prairie du Sac reserves the right to change the Terms under which the Service is offered in its sole discretion at any time; however, we will notify you of any material change to the Terms. In most cases, you will receive the notice on-line the next time you log in; however, Bank of Prairie du Sac reserves the right to notify you by e-mail or by conventional mail, in its discretion. You agree that if you continue to use the Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. You can review, download and print the most current version of this Agreement by consulting with your Financial Institution. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Service, you can unsubscribe by contacting us at 608-643-3393. Once your account with Bank of Prairie du Sac has terminated for any reason, you will have no further right or access to use the Funds Transfer and Popmoney Service.
Information Authorization: By clicking on the "I Agree to accept the terms and conditions" button, you authorize us to verify your identity by obtaining information about your credit history from a consumer reporting agency. Bank of Prairie du Sac and our service provider will obtain and use your credit information only in accordance with the Fair Credit Reporting Act ("FCRA") and other applicable law. We reserve the right to deny you access to the Service if we cannot verify your identity or other necessary information. We may approve or decline your application for the Service based upon our review of your consumer report, along with other information we deem relevant. If we deny your request to use the Service, you may obtain a free copy of the consumer report that we used from the consumer reporting agency that issued the report. You may view, download and print a summary of your rights under FCRA, including information on how to obtain a copy of your consumer report, at any time by contacting Bank of Prairie du Sac.
In addition to obtaining a consumer report, Bank of Prairie du Sac and our service provider reserves the right to obtain such additional information as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using our Service in violation of law, including, but not limited to, laws and regulations designed to prevent "money laundering" or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
Once you are approved for the Funds Transfer and Popmoney Service we may verify your Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.
Once the test transfer is complete we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the Account.
Accounts: You understand that in order to complete fund transfers, it is necessary for Bank of Prairie du Sac and our service provider to access the websites and databases of your bank and other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the fund transfers you request. By using the Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit Bank of Prairie du Sac and our service provider to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.
For as long as you are using the Service, you give to Bank of Prairie du Sac and our service provider a limited power of attorney and appoint Bank of Prairie du Sac and our service provider as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access the Accounts, effect funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. Once Bank of Prairie du Sac and/or our service provider has actual knowledge that you wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Bank of Prairie du Sac and/or our service provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.
You understand and agree that at all times your relationship with each Account provider is independent of Bank of Prairie du Sac and your use of the Funds Transfer and Popmoney Service. Bank of Prairie du Sac will not be responsible for any acts or omissions by the provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN OUR SERVICE PROVIDER IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR OR A RECIPIENT'S ACCOUNTS, BANK OF PRAIRIE DU SAC AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that Bank of Prairie du Sac, its affiliates, service providers and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY BANK OF PRAIRIE DU SAC OR OTHER PROVIDERS OF THE ACCOUNTS.
Not all types of accounts are eligible for Funds Transfer and Popmoney Service. Be sure to check with your Bank of Prairie du Sac for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.
General Consent; Categories of Records. The Funds Transfer and Popmoney Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
Although Bank of Prairie du Sac reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.
How to Withdraw Consent. If you have registered for the Service and you wish to withdraw your consent to have Communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the Service cancellation policies) and stop using the Service. There are no fees to cancel a pending transfer request (as long as such cancellation is made within the time period permitted by the Service cancellation policies).
How to Update Your Records. You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Profile page.
Delivery of Electronic Communications. Communications may be posted on the pages of the Service website or other website disclosed to you and/or delivered to the e-mail address you provide. Any electronic Communication sent by e-mail will be deemed to have been received by you when Bank of Prairie du Sac or our service provider sends it to you, whether or not you received the e-mail. If the Communication is posted on the Service, then it will be deemed to have been received by you no later than five (5) business days after Bank of Prairie du Sac or our service provider posts the Communication on the pages of the Service, whether or not you retrieve the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by Bank of Prairie du Sac's or service provider's e-mail server to the appropriate e-mail address. An electronic Communication made by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
Hardware and Software Requirements. In order to access and retain Communications, you must have:
Password: To enable you, and only you, to use the Service, you will be asked to choose a password when you register and are accepted as a customer of the Service. This password is stored in encrypted form by us. You are responsible for maintaining the confidentiality of your Bank of Prairie du Sac customer number and password. No one at Bank of Prairie du Sac has access to your Accounts passwords or user ID's. You are responsible for uses of the Service whether or not actually or expressly authorized by you. Therefore, it is important that you DO NOT SHARE YOUR ACCOUNT NUMBER OR PASSWORD WITH ANYONE FOR ANY REASON. No one at Bank of Prairie du Sac will know or need to know your password, and Bank employees will never ask for your password.
If you wish to make a transfer to an Account of another person, you will be asked to provide a separate code word or phrase (the "Shared Secret") that is known only to you and to the person to whom you are transferring the funds (the "Recipient"). We recommend that you do not use commonly used words, phrases or dates. In order to complete the transfer, the Recipient must provide the Shared Secret and certain other identifying information. YOU AGREE THAT YOU WILL NOT GIVE THE SHARED SECRET TO ANYONE EXCEPT THE RECIPIENT FOR ANY REASON. YOU FURTHER AGREE THAT YOU WILL INSTRUCT THE RECIPIENT NOT TO GIVE THE SHARED SECRET TO ANYONE ELSE FOR ANY REASON.
In the Event of Unauthorized Transfer: If you believe your password or Shared Secret has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, contact us using the instructions on our site.
Consumer Liability: You agree to notify us AT ONCE if you believe your password has been lost or stolen. Telephoning us promptly is the best way to protect yourself from possible losses. If you never tell us, you could lose all of the money in your account (plus your maximum overdraft line of credit). However, if you tell us within 2 business days, you can lose no more than $50 if someone used your password without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
You can see a complete list of all your funds transfers effected or pending at any time by clicking on the History tab. If this list or your statement shows transfers that you did not make, notify us AT ONCE. If you do not tell us within 60 days after we sent the FIRST statement on which the problem or error appeared, 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) kept you from telling us, we will extend the time periods. Business Days: The Service will process requests for transfers on business days. Our business days are Monday through Friday. Holidays and Bank Holidays are not included.
Transfer Types and Limitations
Types of Transfers
You may use your Bank of Prairie du Sac password to access Funds Transfer within the Service to transfer funds between any two of your Accounts about which you have provided the necessary information to the Bank. Transfers can be between Accounts within Bank of Prairie du Sac or at an unrelated Financial Institution (although transfers between Accounts at the same institution may be affected more quickly by contacting the institution directly).
You may use your Bank of Prairie du Sac password to access Popmoney within the Service to transfer funds from one of your Accounts to an account of a Recipient. You may send money to a Recipient using a mobile telephone number, an email address, or a routing and account number.
Some of these services may not be available at all times. We may from time to time make available additional or new features to the Service, including but not limited to, a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. A $5.00 fee will be charged to your account for Next Day or Express Services. Please ensure that you have sufficient funds to affect any funds transfers from your Accounts. We may at any time decline to effect any funds transfer that we believe may violate applicable law.
Frequency of Transfers
We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Service.
Dollar Amount of Transfers
You may not make funds transfers in excess of limits described on the Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Service. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of Funds Transfer and/or Popmoney Service" below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.
Transfers subject to the Rules of the Accounts
Additionally, all funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to effect any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.
Rejection of Transfers
We reserve the right to decline to effect any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests.
You authorize us to select any means to execute your funds transfer instructions. You understand that to affect your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts or an account of a Recipient. Once your Account has been debited, we credit our service provider's transfer account at the service provider's clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), our service provider will credit your or the Recipients Account. The sole purpose for our service provider's transfer account is to complete your funds transfer requests and for performing the services within the scope of this Agreement. The service provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the Financial Institution holding the Account.
You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. Bank of Prairie du Sac will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize the Bank to debit your account in the amount indicated.
In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement (see "Documentation," below).
You understand and agree that in the event we are unable to execute your funds transfer request utilizing the ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check.
If you have requested for a funds transfer to a Recipient, you must provide us with a true, correct, current email address for such Recipient. We will contact the Recipient, and ask the Recipient to provide us with certain information, such as the account number and Financial Institution that they wish to transfer the funds to. If the Recipient fails to reply to the email or fails to follow the instructions provided by us, we will notify you and credit your Account for the amount of the transfer.
Suspension and Reinstatement of Funds Transfer and/or Popmoney Service
In the event that we at any time incur a problem with your use of the Service, including without limitation a fail in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect itself from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see "Error Reporting and Claims," below). We reserve the right in its sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, Bank of Prairie du Sac in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see "Dollar Amount of Transfers," above).
You may access a statement of all funds transfers effected or pending at any time by clicking on the History tab within Funds Transfer or the Activity tab within Popmoney. If a transfer could not be completed, Bank of Prairie du Sac and/or our service provider, upon learning that the funds transfer has failed, will make a reasonable effort to complete the transfer again. If the funds transfer fails a second time, we will notify you to contact Bank of Prairie du Sac or other provider of the relevant Account to learn more about the failure.
Your Responsibility for Errors
You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. You understand that Financial Institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, Bank of Prairie du Sac reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
Error Reporting and Claims
In case of errors or questions about your funds transfers, contact us as soon as you can. You can see a complete list of all your funds transfers effected or pending at any time by clicking on the History tab. We must hear from you within 60 days after we sent the FIRST statement on or which the problem or error appeared. Call us at 608.643.3393 or write us at Bank of Prairie du Sac, PO Box 30, Prairie du Sac, WI and (1) Tell us your name, and the account number of the Account to which the error relates. (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in 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 we committed an error within 10 business days (20 business days for new member accounts) 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 for new member accounts) to investigate your complaint or question. If we decide to do this, we will credit/debit the applicable Accounts within 10 business days (20 business days for new member accounts) for the amount you believe is in error, so that you or your intended Recipient will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 business days, we may not credit/debit the applicable Accounts.
We will tell you the results within three business days after completing our investigation. If we decide that we did not make an error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of Financial Institutions holding the Account or the account of your Recipient. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant Financial Institution or the Recipient. Any rights you may have against a Financial Institution for such errors, delays or other problems are subject to the terms of the agreements you have with such Financial Institution, including any time limits during which complaints must be made.
You acknowledge and agree that Bank of Prairie du Sac and/or our service provider owns all rights in and to the Funds Transfer and Popmoney Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile Bank of Prairie du Sac and/or our service provider's Service or any of Bank of Prairie du Sac and/or our service provider's services or technology.
No Unlawful or Prohibited Use
As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
Service Changes and Discontinuation
We may modify or discontinue the Service or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right, subject to applicable law, to terminate your account and your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of Bank of Prairie du Sac and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Services. We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our Online Service.
You may terminate your account with Bank of Prairie du Sac at any time by contacting us. Once your account with Bank of Prairie du Sac has terminated for any reason, you will have no further right or access to use the Service, and the Bank will not access your Accounts thereafter for any reason.
Use of SMS Messaging
Users of the Popmoney service may receive SMS messages relating to their payments, such as notice of payment, alerts for validation and receipt of a transfer. Popmoney will verify your access to the mobile phone number. To enable this verification Popmoney will send you an SMS message with a verification code that you will need to enter to direct your payment to your designated bank account. You may receive SMS messages related to your transactions from time to time, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
Questions: You can contact us using the instructions on our site, or at any time from your mobile phone by sending a text message with the word "HELP" to this number: POPMON.
To opt out of the Program: To stop receiving SMS messages you can initiate the opt-out process by sending a SMS message. Just text "STOP" to this number: POPMON.
Links to Third Party Sites
The Bank of Prairie du Sac website may contain links to other websites ("Linked Sites"). Such links are provided solely as a convenience to you. Bank of Prairie du Sac does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that Bank of Prairie du Sac, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them.
You understand that the Financial Institution at which an Account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such Financial Institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.
Deviating from Security Procedures
You agree to allow us to authorize any Financial Institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such Financial Institution, or between us, on your behalf, and such Financial Institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition you agree that we may authorize such Financial Institutions to charge and debit your accounts based solely on these communications.
Account Number Policy
If funds transfer instructions identify a bank or beneficiary by name and account number, the relevant Financial Institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such Financial Institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.
Means of Transfer
You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable Financial Institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as CHIPS or automated clearing house (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period and if any interest is earned will be the property of Bank of Prairie du Sac.
If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Bank of Prairie du Sac is not responsible or liable if your or the Recipient's Financial Institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, Bank of Prairie du Sac shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Bank of Prairie du Sac hereunder.
You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if Bank of Prairie du Sac does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line.
You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a funds transfer or if the Bank of Prairie du Sac website was not working properly and you knew about the breakdown when you started the funds transfer.
Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER AND POPMONEY SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER AND POPMONEY SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER AND POPMONEY SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON BANK OF PRAIRIE DU SAC'S WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER AND POPMONEY SERVICE , THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FUNDS TRANSFER AND POPMONEY SERVICE , THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER AND POPMONEY SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE FUNDS TRANSFER AND POPMONEY SERVICE , ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER AND POPMONEY SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Bank of Prairie du Sac, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees) arising from your use of the Funds Transfer and Popmoney Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Bank of Prairie du Sac account, of any intellectual property or other right of any person or entity.
In the event that you are an intended Recipient, another customer (the "Transferor") has instructed us to transfer funds (the "Funds") to an account you designate at Bank of Prairie du Sac or other Financial Institution (the "Account"). In addition to the Terms herein, you agree to accept the terms and conditions set forth below.
You authorize us to transfer the Funds to your Account. In order for us to complete the transfer, you will be prompted to provide us with the following information (the "Information"): 1) your full name; 2) your current residential address; 3) the name of your bank or Financial Institution and ABA routing number (the 9-digit number that appears on the far left of the bottom of your check) of the Financial Institution which holds your Account; 4) the Account number; and 5) a secret word or phrase known only to you and the transferor. We will utilize the Automated Clearing House (ACH) system to send the Funds to your Account. We will act on the information provided by you in completing ACH credit instructions to your Account. If for any reason your Financial Institution returns the ACH credit or the credit goes to the wrong Financial Institution or Account because you have provided us with incorrect information, we may in our sole discretion, take reasonable efforts to complete the credit transaction or return the Funds to the Transferor.
To enable you, and only you, to receive the Funds, the Transferor has given you the Shared Secret. If you have not received the Shared Secret, please contact the Transferor directly. The Shared Secret is stored in encrypted form by us. No one at Bank of Prairie du Sac has access to the Shared Secret. No one at Bank of Prairie du Sac will know or need to know the Shared Secret, and Bank of Prairie du Sac employees will never ask for the Shared Secret. YOU AGREE THAT YOU WILL NOT GIVE THE SHARED SECRET TO ANYONE FOR ANY REASON. You agree that we shall not be liable for any losses that may result if you disclose the Shared Secret to another person.
You agree not to impersonate any person or use a name that you are not authorized to use. You warrant and represent that you are the person intended by the Transferor and entitled to receive the Funds; that you are not a person whose Accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department; and that the Information you will provide is true, correct and complete.
We reserve the right to decline to complete any transfer, even after you have agreed to all of the Terms, if we have reason to believe that completing the transfer would result in a violation of law or expose us to liability or risk of loss. Without limiting the foregoing, we will reject any transfer if you do not enter the Shared Secret correctly after three  attempts. If the transfer is rejected for any reason, the funds will be returned to the Transferor.
You understand and agree that our service provider is not a bank, a broker-dealer firm, or any other kind of Financial Institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of Funds Transfer and Popmoney Service; and that you are rightfully authorizing us to access the Accounts.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Bank of Prairie du Sac's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Bank of Prairie du Sac's right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Funds Transfer and Popmoney Service. This Agreement may be amended, or any of Bank of Prairie du Sac 's rights waived, only if Bank of Prairie du Sac agrees in writing to such changes, or you continue using the Funds Transfer and Popmoney Service following receipt of notice of any changes proposed by Bank of Prairie du Sac. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Services, at Bank of Prairie du Sac's discretion. All notices to Bank of Prairie du Sac must be made in writing. This Agreement is personal to you and you may not assign it to anyone.
To the greatest extent permitted by applicable law, all disputes and controversies between you and us arising out of or in connection with this Agreement shall be submitted first to negotiation and, if not resolved by negotiation, then to mediation, and, if not resolved by mediation, then to arbitration. All such negotiations and any mediation and arbitration proceedings shall be conducted promptly after written notice provided via regular mail from you or us requesting negotiations, mediation, or arbitration. An individual agreeable to both you and us having expertise in the resolution of disputes shall preside over any mediation or arbitration proceeding. Any decision rendered by a mediator shall be advisory only and shall not be final or binding. Any decision rendered by an arbitrator shall be final and binding and may be entered by any court of competent jurisdiction. All mediation and arbitration proceedings shall be conducted in accordance with the applicable rules of the American Arbitration Association. Each party (you and us) will pay its own costs, including all attorneys' fees, in relation to negotiations, mediation, or arbitration, but both parties (you and us) will equally split the costs and fees of obtaining the mediator or arbitrator. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect immediately upon the acceptance of your application for the Funds Transfer and Popmoney Service by us.
BANK FEES FOR SERVICES. Please see our Fee Schedule for more information.
AUTHORIZED USE OF SERVICE. You are responsible for keeping your Codes and Account data confidential. We and our service providers are entitled to act on instructions received using your codes, and you agree that the use of your codes will have the same effect as your signature authorizing the transaction or request for information. If you authorize other persons, including, without limitation, Designated Users for Business Service, to use any of your Codes for any purpose or in any manner, your authorization shall be considered unlimited in scope, amount and manner and (to the extent permitted by Applicable Law) shall extend to such persons designees, until you have notified us in writing that you have revoked the authorization and changed your Codes, and you are responsible for any transactions made by such persons or their designees until you notify us that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your Codes.
REPORTING UNAUTHORIZED TRANSACTIONS. You should notify us immediately if you believe any of your Codes have been lost or stolen or that someone has transferred or may transfer money from your account without your permission.
Internet Banking Service: Notify by calling (608) 643-3393 or 1-800-685-9404 or write to Bank of Prairie du Sac Attn: Internet Banking Service, PO Box 130 Prairie du Sac, WI 53578.
Bill Payment and Presentment Service: Notify by calling Bank of Prairie du Sac at (608) 643-3393.
YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS. Tell us at once if you believe any of your Codes have been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your account (plus your maximum overdraft line of credit).
The following paragraph applies to CONSUMERS ONLY: If you tell us within two (2) Business Days, you can lose no more than $50.00 if someone used any of your Codes without your permission. If you do not tell us within two business days after you learn of the loss or theft of any of your codes, and we can prove we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the first statement showing such a transfer was mailed 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) kept you from telling us, we will extend these time periods.
BANKS RESPONSIBILITY FOR PROCESSING TRANSACTIONS. If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages.
LIMITATIONS OF BANK'S RESPONSIBILITY FOR PROCESSING TRANSACTIONS. There are some exceptions to the Bank's liability for processing transactions on the Accounts. We will not be liable, for instance: * If, through no fault of ours, you do not have enough money in your Account to make the transfer; * If the transfer would go over the credit limit on your overdraft line; * If the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account; * If any system or any software was not working properly and you knew about the breakdown when you started the transfer; * If circumstances beyond our control (such as interruption of telephone service or telecommunication facilities, or natural disaster such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken; * If you have not provided us with complete and correct transfer or payment information, including without limitation, the name, address, account number and payment amount for the Payee on a Bill Payment and Presentment; * If you have not properly followed the instructions for using the Service or any software; * If your operating system or software was not properly installed or functioning properly; or * If you are unable to access your Account or the Service due to Internet facility or service provider delays or other problems * There may be other exceptions stated in our agreement with you. The Bank's sole responsibility for an error in a fund transfer or Bill Payment and Presentment will be to correct the error, but in no case shall the Bank be liable for any indirect, punitive, special, incidental or consequential damages (even if you have informed us of the possibility of such damages). In states that do not allow the exclusion or limitation of liability for indirect, punitive, special, incidental or consequential damages, the Bank's liability is limited to the extent permitted by Applicable Law (as defined below). Our service providers are independent contractors and not our agents. To the extent permitted by Applicable Law, we will not be responsible for any error, damage or other loss caused by any service provider.
DISCLAIMER OF WARRANTIES. Neither the Bank nor any service provider makes any warranty, express or implied, to you concerning the service, including, without limitation, any warranty of merchantability or fitness for particular purpose or non-infringement of third-party rights, unless disclaiming such warranty is prohibited by applicable law.
DISCLOSURE OF ACCOUNT INFORMATION. We will disclose information about your Accounts or the transfers or Bill Payment and Presentments you make: * If we have entered into an agreement with another party to provide any Service. In this case, we will provide that party with information about your account, your transfers or Bill Payment and Presentment, and your communications with us in order to carry out your instructions; * If it is necessary for completing transfers or Bill Payment and Presentments or otherwise carrying out your instructions; * In order to verify the existence and conditions of a Payment Account for a third party, such as a credit bureau, a Payee, or any holder of a check issued by you or on your behalf through the Bill Payment and Presentment Service; * In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information; or * If you otherwise give us your permission.
PERIODIC STATEMENTS. All of your fund transfers and Bill Payment and Presentments made through the service will appear on the periodic statement for each Account, as applicable. The Payee name, payment amount, and transaction date will be reflected for each Bill Payment and Presentment made through the Bill Payment and Presentment Service. You agree that we will not furnish you any other notice of fund transfers or Bill Payment and Presentments.
TERMINATION OF INTERNET BANKING SERVICE. Your enrollment in the Service will remain in effect until terminated by you or us. You may terminate your use of the Internet Banking or Mobile Services at any time by calling Bank of Prairie du Sac at (608) 643-3393 or writing to Bank of Prairie du Sac, PO Box 130 Prairie du Sac, WI 53578. Your access to the Internet Banking Service and Mobile Services will be terminated automatically if your Checking Account is closed, or access to your Checking Account is restricted, for any reason.
Bill Payment and Presentment Service: You may terminate your use of the Bill Payment and Presentment Service at any time by contacting the Bank of Prairie du Sac at (608) 643-3393. Your notice must be received at least ten (10) days prior to the date on which you wish to have your Bill Payment and Presentment Service terminated. You may be required to put your request in writing. If you have scheduled Bill Payment and Presentments with a Transaction Date within the ten-day period, you also must separately cancel those Bill Payment and Presentments. If you have not otherwise canceled a Bill Payment and Presentment, you will be responsible for each Bill Payment and Presentment with a Transaction Date during the ten (10) days following receipt of your written notice of termination. Your notice of termination will be confirmed by mail. Your access to the Bill Payment and Presentment Service will be terminated automatically if your Payment Account is closed, or access to your Payment Account is restricted, for any reason.
By Bank. We may terminate your use of the Service or the Bill Payment and Presentment Service, in whole or in part, at any time without prior notice. We will try to notify you in advance, but we are not obligated to do so.
Effect. Termination will not affect your liability or obligations under this Agreement for transactions that have been processed on your behalf. Termination will apply only to the Service and does not terminate your other relationships with us.
AMENDMENTS. You agree to be bound by any amendments or modifications to this agreement after notice has been sent to you at your last known address contained in our records, which may include your e-mail address, or upon our posting of such notice in the lobby of our branch offices or on our website. Where prior notice of a change in terms is required by applicable law, we will send the notice to you the required number of days in advance of the effective date of the change. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment and cancel your access to the Service.
ELECTRONIC COMMUNICATIONS. You agree that we may send all notices, disclosures, amendments and other communications regarding this Agreement or the Service to you by electronic mail. You further agree that procedures and requirements of the Service may be incorporated as part of our website and communicated to you through the Service. To the extent permitted by Applicable Law (as defined below), you agree that each such communication will be binding and enforceable to the same extent as if it were delivered to you in writing by mail or in person.
ENTIRE AGREEMENT: NO WAIVER. This agreement is the complete and exclusive agreement between you and us related to the Service and supplements any other agreement or disclosure related to your Checking Account, Payment Account, or any other Account. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Checking Account, Payment Account, or any other Account, or any statement by our employees or agents, or any service provider, this Agreement shall control with respect to the Service. No delay or omission by us in exercising any rights or remedies there under shall impair such right or remedy or be construed as a waiver or any such right or remedy. Any simple or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.
ASSIGNMENT. You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
GOVERNING LAW; COMPLIANCE. This agreement shall be governed by and construed in accordance with the laws of the United States, and to the extent not inconsistent therewith, the laws of the State of Wisconsin, without regard to that state's rules regarding conflict of laws (collectively, "Applicable Law"). You agree that you will use the service only in accordance with Applicable Law.
OWNERSHIP OF WEBSITE. The content, including, without limitation, all information, text, graphics, and design, of our website is copyrighted by Bank of Prairie du Sac and the unauthorized use, reproduction, linking or distribution of any part of the website is strictly prohibited.
GEOGRAPHIC RESTRICTIONS. Bank of Prairie du Sac is located in the State of Wisconsin. The service described in this Agreement and all of our credit and deposit services are provided subject to Wisconsin law and are only available to new customers who are residents of or businesses located in our geographic markets defined as the cities and counties surrounding branch offices, and to former and current customers.
SCOPE OF AGREEMENT. This Agreement represents our complete agreement with you relating to our provision of the Service. No other statement, oral or written, including language contained in our website, is part of this Agreement.
DISPUTES. To the greatest extent permitted by applicable law, all disputes and controversies between you and us arising out of or in connection with this Agreement shall be submitted first to negotiation and, if not resolved by negotiation, then to mediation, and, if not resolved by mediation, then to arbitration. All such negotiations and any mediation and arbitration proceedings shall be conducted promptly after written notice provided via regular mail from you or us requesting negotiations, mediation, or arbitration. An individual agreeable to both you and us having expertise in the resolution of disputes shall preside over any mediation or arbitration proceeding. Any decision rendered by a mediator shall be advisory only and shall not be final or binding. Any decision rendered by an arbitrator shall be final and binding and may be entered by any court of competent jurisdiction. All mediation and arbitration proceedings shall be conducted in accordance with the applicable rules of the American Arbitration Association. Each party (you and us) will pay its own costs, including all attorneys' fees, in relation to negotiations, mediation, or arbitration, but both parties (you and us) will equally split the costs and fees of obtaining the mediator or arbitrator. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
ERROR RESOLUTION NOTICE (CONSUMERS ONLY). In case of errors or questions about your Fund Transfers and Bill Payment and Presentments
Internet Banking Service: Call (608) 643-3393 or write to Bank of Prairie du Sac, Attn: Internet Banking PO Box 130 Prairie du Sac, WI 53578.
Bill Payment and Presentment Service: Call (608) 643-3393 or write to Bank of Prairie du Sac, Attn: Internet Banking / Bill Payment, PO Box 130 Prairie du Sac, WI.
Call or contact us as soon as you can if you think your statement is wrong or if you need more information about a fund transfer or Bill Payment and Presentment listed on the statement. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared. * Tell us your name and Account number. * Describe the error or the fund transfer or Bill Payment and Presentment 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 ten (10) Business Days. We will tell you the results of our investigation within 10 business days (20 business days if the transfer involved applies to claims made within 30 calendar days after an account is opened) 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 ten (10) Business Days (20 business days if the transfer involved applies to claims made within 30 calendar days after an account is opened) 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 ten (10) Business Days, we may not credit your account. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.