Definitions
This Agreement applies to your use of eBANK!, the State Bank of Cross Plains Internet Service, which permits you to access your accounts with us via the Internet for services selected by you and agreed upon by us. This Agreement applies to all persons that are parties to the accounts. In this Agreement, the terms "you" and "your" refer to each depositor on an account accessible by Internet Service, and the terms "us," "we," and "our" refer to the Bank.
Access
eBANK! is a service provided solely for use by State Bank of Cross Plains customers. You will need a user ID and password to gain access to your accounts using eBANK!. We will initially assign you a password to gain access. You will be required to change the password the first time you log in. You should protect your password at all times and change it on a regular basis.
You agree to keep the password safe and to not record, disclose or make the password available to anyone. Anyone who has access to your password will have full access to your accounts and the services you can perform on eBANK!. You have no ability to limit any such person's authority. If anyone uses your password with your permission, you will be responsible for any transactions performed by that person.
Lost or Stolen Password
If your password has been lost or stolen, contact the State Bank of Cross Plains immediately. (See contact information) Calling us is the best way of minimizing your potential losses. 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 learned of the loss or theft of your password, and we could prove we could have prevented someone from using your password without your permission, your loss could be as much as $500.00.
Hours
eBANK! is available 24 hours a day, seven days a week For purposes of electronic transactions, our business days are Monday through Friday excluding holidays as determined by the State Bank of Cross Plains. All eBANK! transaction requests received after 6:00 p.m. Monday through Friday will be processed the next business day. Any transactions initiated on non-business days, or Holidays as determined by State Bank of Cross Plains will be processed the next business day.
Transactions
- You can use eBANK! to perform the following
- view account information
- transfer funds among your deposit accounts
- transfer funds from your line of credit to your checking account
- make payments from your deposit accounts to your loan accounts
- make payments from your deposit accounts to your Personal Reserve Account
- initiate bill payments
- communicate with us via e-mail
Transfer Limitation
Under federal regulations, you may make no more than six preauthorized electronic fund transfers and telephone transfers, including eBANK! transactions, checks and point-of-sale transactions per month from your savings or money market deposit account. Of these six transactions, you are limited to no more than three transactions per month by check, draft, debit card or similar order to third parties. Each fund transfer or bill payment through eBANK! from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each month. However, payments to your loan accounts with us are not counted toward this limit for savings and money market deposit accounts.
Bill Payments
If you have signed up for the bill payment service, you can pay bills either on an automatic recurring basis or periodically as you request. You will need to designate which account(s) will be used for bill payment.
To use bill payment, you will provide us with the name and address of the payee (i.e., the person you want to pay), your account number with that person and any other information we require to properly debit your account with us and credit your account with the payee. If your account number or any other information changes, or if you wish to add or delete payees, you must provide us with these changes at least 5 business days in advance of a payment. Any such changes can be entered in the appropriate fields through the Bill Payment section of eBANK! or may be submitted via e-mail from the e-mail address designated in your Enrollment Forms or may be mailed to us. If notice is mailed via the U.S. Postal Service, please allow seven to ten days for delivery and processing. You authorize us to make all changes submitted through eBANK! by you or any other person having access to your PIN and account information.
We work with payees to encourage them to accept an electronic or check payment. If we are unsuccessful, or if we believe that the payee cannot process payments in a timely manner, we may decline to make future payments to this payee. In the unlikely event that this occurs, we will send you a notice. We may refuse to make payments to certain payees in our sole discretion (including, without limitation, government agencies) and to payees that choose not to participate in the services.
Bill payments are processed either through an electronic transmission to the payee or by check mailed to the payee. Payees who receive electronic delivery will receive your payment information, including your account number with the payee, through a computer link. All checks are sent through the U.S. mail. Payments made with checks are generally received and credited by most payees within five to seven business days. If we receive any payment instructions from a payee, we may follow those instructions, to help ensure that the payment is received by the payee and promptly credited to your account.
To help ensure that your payments arrive on time, you must schedule your payments to be paid at least 5 business days before the payment due date. This generally allows sufficient time for the payee to receive and ost your payment.
If you follow all of the procedures described in this Agreement completely, and a bill payment has not arrived at the payee within the allowable number of days, we will reimburse you for all penalties and associated late fee charges incurred due to such a late payment. Situations in which you are responsible for failing to follow procedures and instructions include, without limitation, your failure to schedule the payment a correct number of days before the due date, incorrectly scheduling the payment or supplying incorrect account information.
Cancel a Funds Transfer or Bill Payment
You may cancel or change a pending fund transfer by selecting the transfer and changing or deleting the amount and date fields. The instruction to cancel or change the transfer must be received by 6:00 p.m. on the transfer date. If the change is not made by that time, we may process the transaction.
If you tell us in advance to make a regular payment at a regular time out of your account without further action by you (a preauthorized transfer), you can stop these payments by following the procedure in the preceding paragraph. Or you can contact us in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call or email, we may also require you to put your request in writing in a form approved by us and get the form to us within 14 days after you call or email. We will require that you tell us the exact amount of the debit, the next date the debit is to be made and the exact name of the payee. If you stop payment of such a preauthorized transfer in accordance with the terms of this Agreement, we will stop the next debit and all subsequent preauthorized payments to that payee.
If you order us to stop a preauthorized transfer three business days or more before the transfer is scheduled, and the stop payment order is made according to the terms and conditions of the account and this Agreement, including the requirement that you give us the exact amount of the debit, the next date of the debit and the exact name of the payee, and we do not do so, we will be liable for your losses or damages proximately caused by our failure.
If we fail to cancel or stop any funds transfer or bill payment, the payment will stand unless you show us that payment to the payee was unenforceable. If we recredit your account after transferring funds over a valid and timely cancellation request, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee, and to assist us in any legal action taken against that person.
Overdrafts
When you schedule a funds transfer or bill payment using eBANK!, you authorize us to withdraw the necessary funds from your account with us. We deduct the amount of your funds transfer or bill payment from your account on the date we process your instruction. Each instruction to us to withdraw or transfer from an account is an order to us to pay from that account at that time or on a later date, if any, indicated in the instruction. We may charge payments against the account even though the charge creates an overdraft, or we may refuse to make payments if the charge creates an overdraft. If you overdraw your account, you agree to immediately pay us the overdrawn amount, together with any applicable fees. If the account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that account rather than this Agreement.
Fees
If you submit an oral or written stop payment request for a preauthorized payment, we will charge you for each such stop payment order, the charge for stopping payment identified in our current fee schedule as may be amended from time to time. If you cancel or change any pending funds transfer or bill payment by completing the appropriate fields from the payment menu, there will be no charge.
Statements
Your eBANK! account activity will appear on your periodic account statement. If there are no transfers in a particular month, you will receive your account statement at least quarterly.
Errors and Questions
Contact us if your statement shows transfers that you did not make or if you need more information about a transfer listed on your statement. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared..
1. Tell us your name and account number ( if any)
2. Describe the error or the transfer in question, and explain
why you believe it is an error or why you need more information.
3. The dollar amount of the suspected error
4. The date on which it occurred.
If the report is made orally, we may require that you send the complaint or question in writing within 10 business days from your initial contact. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to forty-five 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days from your original contact, we may not credit your account until the investigation is completed.
The 10 day periods in the preceding paragraph may be extended to 20 business days, if the error involves a transfer to or from the account within 30 days after the first deposit to the account was made. If the error involves an electronic transfer from your account to buy goods or services direct from a merchant, a transfer initiated outside the United States or a transfer that occurred within 30 days after the first deposit to the account was made, the 45 day time period to investigate your complaint or question will be 90 days in place of 45 days.
We will tell you the results within 3 business days after completing our investigation. If we determine that no error occurred, we will send you a written explanation. You may request copies of the documents that were used in our investigation.
Limit of State Bank of Cross Plains and Other Provider's Responsibility
The State Bank of Cross Plains agrees to make reasonable efforts to ensure full performance of eBANK!. Any information you receive from the State Bank of Cross Plains is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. State Bank of Cross Plains is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
State Bank of Cross Plains will be responsible for your actual losses if they were directly caused by our failure to either complete an electronic funds transfer as requested or cancel an electronic funds transfer as properly requested. However, there are some exceptions. We will not be liable, for instance:
- For errors or failures from any malfunctions of your browser, internet service provider, computer, computer virus or other problems relating to the computer equipment you use with the Internet Service, including, without limitation, your inability to access Internet Service or any part of Internet Service.
- If, through no fault of ours, your account does not contain sufficient collected funds to make the transfer.
- If the money in your account is subject to legal process or other encumbrances restricting the transfer.
- If the transfer would go over the credit limit on your overdraft credit plan, if any.
- If a transfer system was not working properly and you knew about the breakdown when you started the transfer.
- If an act of God or circumstances beyond our control (such as fire or flood) prevent the transfer or use of Internet Service despite reasonable precautions that we have taken.
- If incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse.
- If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a bill payment.
- If you have not properly followed the instructions for using the Internet Service.
- If your operating system is not properly installed or functioning properly.
- For a failure to provide access or for interruptions in access to the Internet Service due to Internet Service system failure.
- Notwithstanding any other provision in this agreement, unless otherwise prohibited by law, our sole responsibility for an error by us in transferring funds or paying a bill will be to correct the error. In no case will the State Bank of Cross Plains be liable for any indirect, special, incidental or consequential damages in connection with or in any way related to internet service. By consenting to use eBANK!, you agree to waive any and all right to any of the aforementioned, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
If any of the circumstances listed above should occur, we will assist you with reasonable efforts in taking appropriate corrective actions to reprocess the transactions that may not have been completed or to correct any incorrect transactions that may have been processed.
Other Agreements
In addition to this agreement, the terms and disclosures you received at the time your accounts were opened with us remain in full force and effect. . In the event of a conflict between this Agreement and any other account rules and agreements that apply to your accounts, this Agreement shall govern and prevail. We may amend this Agreement at any time
We may change your eBANK! status to inactive if you do not sign on to the service or have any transaction scheduled through eBANK! during any consecutive ninety (90) day period. If your account is considered inactive, you must contact us to have eBANK! activated before you could use the service again.
Disclosure of Information
We will disclose information to third parties about your account or the transfers you make, as permitted by law, including, without limitation: where it is necessary for completing or tracing transfers or resolving errors or claims; in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant or other financial institution; in order to comply with court orders or other legal process; to comply with subpoenas, summonses, search warrants or requests from government agencies; to other companies affiliated with us; to others with your consent; and whenever required by law.
System Support
You understand that some support and services relating to eBANK! are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.
Termination
We may modify, suspend or terminate your privilege of using eBANK! and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate Internet Service, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. Any one person who can use the account accessible with Internet Service may terminate Internet Service. Termination shall not affect the rights and obligations of the parties for transactions made with the Internet Service before we have had a reasonable time to respond to your termination request. Your termination of your Internet Service will automatically terminate any pending transfers and payments.
Contact Information
You can contact the State Bank of Cross Plains by one of the following methods:
1. By initiating a "contact us" e-mail through our eBANK! service
2. By calling (608) 798-2400, 8:00 a.m. to 5:00 p.m. Monday through Friday
3. By writing a letter and sending it to us at the following address:
State Bank of Cross Plains
ATTN: Internet Account Service
P.O. Box 218
Cross Plains WI 53528
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