Agreements and Disclosures

STATEMENT

Please examine your statement immediately for accuracy. If we do not hear from you in 30 days, your account will be considered correct.

RECONCILING YOUR STATEMENT
Please be sure you have entered in your register all automatic transactions shown on the front of this statement.

ADD IN:

  • Loan Advances
  • Credit memos  
  • Direct Deposits  
  • Electronic Transfers in  
  • Other automatic deposits

SUBTRACT OUT:

  • Automatic loan payments
  • Automatic savings transfers
  • Service Charges
  • Debit Memos
  • Other automatic deductions

For help with balancing your statement, click here to use our Checkbook Calculator tool.

IN CASE OF QUESTIONS OR ERRORS ON ELECTRONIC TRANSFERS
Consumer Accounts Only

Telephone us at (608) 798-3961 or write to us at 1205 Main Street, Cross Plains, WI 53528 if you think your statement is incorrect or you need additional information about a transfer listed on this statement. We must hear from you no later than 60 days after we send you the first statement on which the error or problem occurred.

  1. Tell us your name and account number
  2. Tell us the date and dollar amount of the suspected error
  3. Describe the error or transfer that is in question. Explain as clearly as you can why you believe there is an error or why you need more information

We may require that you send us your complaint or question in writing within 10 business days from the date of first notification. We will share the results of the investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we need that additional time, we will recredit your account within 10 business days for the amount you think is in error, so that you will have use of those funds during the time it takes to complete the investigation. If we ask you to put your complaint in writing and we do not receive it within 10 business days, we may not recredit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation and adjust your account. Copies of the documents we used in our investigation are available upon request.

YOUR DEMAND DEPOSIT LOAN ACCOUNT BILLING RIGHTS AND INFORMATION ARE OUTLINED BELOW

What To Do If You Think You Find A Mistake On Your Statement

If you think there is an error on your statement, write to us at: State Bank of Cross Plains, 1205 Main Street, Cross Plains, WI 53528. In your letter, give us the following information:

  • Account information: Your name and account number.
  • Dollar amount: The dollar amount of the suspected error.
  • Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.

You must contact us within 60 days after the error appeared on your statement.

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.

While we investigate whether or not there has been an error, the following are true:

  • We cannot try to collect the amount in question, or report you as delinquent on that amount.
  • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
  • While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
  • We can apply any unpaid amount against your credit limit.

Your Demand Deposit Loan Account is operated in conjunction with your Demand Deposit Checking Account. Any charges for your checking account will be made to the Demand Deposit Account and they will be the same charges as are made for Demand Deposit Accounts not operated in conjunction with Demand Deposit Loan Accounts. The following information thus applies only to loans made to you under your Demand Deposit Loan Account Line of Credit.

The INTEREST CHARGE is computed on the principal balance each day by application of the daily periodic rate. To get the daily balances, we take the beginning principal balance of your account each day, add new advances and subtract any payments or credits. Please contact us with any questions or concerns at the telephone number or address located on the front of this statement.

The minimum periodic payment required is shown on the front of this statement and will be automatically deducted from your checking account at the end of the each billing cycle normally thirty (30) days. You may pay off your Demand Deposit Loan Account loan balances at any time, or make any voluntary additional payments. Payments shall be applied, first to any unpaid INTEREST CHARGES, and second to the principal loan balance outstanding in your Demand Deposit Loan Account. Periodic statements may be sent to you at the end of each billing cycle showing your Demand Deposit Account Loan transactions.

Send payments and inquiries to the address shown on the front of bill.

NOTE: Payments received after the close of business shall be deemed received on the following business day.

eBank! Online Banking Electronic Notice Disclosure and Consent  

Before enrolling in our eBank! Service – our Online Banking Service(the “Service”), you must provide us with your consent to deliver documents relating to the Service (including records, notices, disclosures and agreements) to you electronically. You are deemed to have received any electronic communication provided to you when it is made available to you. Such documents contain the terms and conditions that will govern the Service, among other information. By enrolling in the Service and using the Service thereafter, you agree to the eBank! Terms and Conditions (the “Terms and Conditions”), which will be made available to you at the time of your enrollment.

You may also view the Terms and Conditions through our eBank! portal by following the link to the disclosures page. We will continue to deliver notices and disclosures to you electronically until the Service is terminated or you revoke your consent. You can request paper copies of any of these documents by calling (608) 798-2400 or sending an email to generalmail@crossplainsbank.com. We may charge fees identified in our current Account Fees & Options brochure which may be amended by us from time to time.

Unless otherwise required by law, we may deliver future notices and disclosures to you electronically:

  • to your email;
  • by posting the information on our Online Banking Website and sending you a notice to your postal address or email (either separately or as part of an account statement) telling you that the information has been posted and providing instructions on how to view it; or
  • to the extent permitted by law, by posting the information on our Website.

You have the right to withdraw your consent to receive information from us electronically and may exercise such right by calling us at 608-798-2400, or writing to us at State Bank of Cross Plains, Electronic Services, 1205 Main Street, Cross Plains, Wisconsin 53528. However, withdrawing your consent means you will no longer be able to access eBank!.

If your email address to which we will be sending information relating to the Service should change in the future, you must update the Options tab within our Online Banking application with your new contact information, or notify us in writing. If you do not update your contact information in our records, you may not receive the information delivered by us. We will not be liable to you for your failure to update your contact information in our records. To access, view, print and retain the disclosures, agreements and required notices we make available to you, you will need the following:

  • An active State Bank of Cross Plains online banking account;
  • A personal computer with connections to the internet capable of receiving, accessing, displaying, and either printing or storing statements received in electronic form from State Bank of Cross Plains;
  • A current version of computer operating software and internet browser (Internet Explorer is recommended);
  • Internet browser that supports 128 bit encryptions;
  • A valid email account; and
  • Adobe Acrobat® Reader®.

We reserve the right to deliver any information relating to the Service to you by regular mail to your most recent address reflected in our records. 

By clicking the submit box, you consent to the terms and conditions of the eBank! agreement.

By not clicking submit, you do not consent to the terms and conditions of the eBank! agreement.

eBank! Terms and Conditions

This Agreement applies to the online banking service offered by the State Bank of Cross Plains (collectively, “eBank!”). When you use, or you permit any other person(s) to use, any part of eBank!, you agree to the terms and conditions of this Agreement and agree to comply with the instructions found on help screens. This Agreement and the services offered through eBank! are also subject to other agreements between you and us, including for example the terms and conditions of your account. In case of a conflict in terms between those documents and this Agreement, this Agreement will control your use of the service.

1. Defined Terms.

As used in the Terms and Conditions, the following capitalized terms shall have the meaning ascribed to them:

a.  "Account" means your deposit and loan accounts with us including but not limited to: checking, savings, money market, certificate of deposit, lines of credit, and certain other loan products. “Account” does not include credit cards with our name or logo appearing on it.
b. “Account Owner” means the Owner of any accounts covered by this agreement, any delegate, any authorized representative and the person enrolling in eBank! and thereby agreeing to this agreement or (“you”, your”)
c.  "Business Day" means Monday through Friday, excluding federal holidays.
d. "Daily Balance" or "Daily Ending Balance" means the Account balance as of the end of the previous Business Day, excluding Pending Transactions.
e.  “Financial Institution” means State Bank of Cross Plains or ("we", "us", "our" or "bank")
f. "Pending Transactions" means the electronic transactions which have not been posted but which have been transmitted to us.
g. "Processing Date" means the Business Day on which your Account is debited or credited.

2. Eligible Accounts

To use eBank!, you must have an eligible account. Eligible accounts for online banking include checking accounts, savings accounts, money market accounts, CDs and IRAs, as well as consumer loan accounts. Eligible accounts for bill payment include checking accounts only. The terms of this Agreement apply only to consumer accounts. Deposit accounts and loans that have a common signer for withdrawals or a common borrower may be linked for access purposes. Any signer, acting alone, will be authorized to access a linked account. An account that requires multiple signatures for withdrawals may not be an eligible account.

3. Functions

You can use eBank! to perform the following for eligible accounts:

  • 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
  • register for mobile banking
  • make external funds transfers
  • Sign up to receive statements electronically

4. Hardware and Software Requirements

To use Online Banking and to view disclosures, agreements and required notices online, you will need Internet access, a currently supported and updated Internet browser that supports Secure Socket Layer with at least 128 bit encryption, JavaScript and enabled security features. A list of the current supported browsers can be found at www.crossplainsbank.com under Access Anytime. Additionally, you will need a computing platform with hardware that supports these requirements, and software capable of rendering portable document format reader (.pdf) files. You are responsible for selecting all systems, hardware and your Internet service provider. You are also responsible for any defect, malfunction or interruption in service or security due to hardware failure, your choice of Internet service provider and systems and computer services. You agree that you are solely responsible for your Internet service provider, and telephone service provider (if applicable) fees and service charges.

5. Password and Security

The security of your online banking access requires diligence on the part of both you and us. We have identified responsibilities for us, the bank, and you, the customer, to help ensure the security of your data.

Bank Duties: We will do the following, as applicable:

  • Providing authentication procedures that utilize user id’s and passwords (codes) or other identification factors, to identify clients when logging into eBank!. We reserve the right to modify the identification process from time to time to implement new measures that are recommended in the industry to combat new or increased fraud.
  • Provide secure sign-on which provides visual cues when you sign on so you know you are on our website and it is safe to enter information.
  • Setup limits for bill payment and other external transfers.
  • Publish minimum best practices for online banking security on our website at www.crossplainsbank.com. 

Customer Duties: You will do the following as applicable:

  • Install, update, maintain and properly use standard security products that are appropriate for you, such as the following, without limitation:

  1. Firewall to prevent unauthorized access.
  2. Anti-virus protection to prevent your personal computers from being victimized by the latest viruses and other destructive or disruptive components.
  3. Anti-spyware protection to prevent spyware from providing potential tracking information about your Web activities.
  4. Install, update, maintain and properly use industry standard operating systems and desktop applications with the latest patches when they are available, particularly when and if they apply to a known exploitable vulnerability. We require your browser to be, at a minimum, a fully SSL-compliant, 128 bit encrypted browser.

  • Check your Account balances and activity regularly and report any suspicious activity immediately by calling 608-798-2400.
  • Choose Codes that are not easy to guess. Passwords must comply with our minimum requirements. Memorize your Codes and change them regularly (or upon our request). Never disclose your Codes to any other person, and take all reasonable actions to maintain their confidentiality. If someone identifies himself as one of our employees and asks for your Codes, that person is an imposter.
  • Read and stay abreast of the best practices for online banking security as published on our website or otherwise provided by us. From time to time, these best practices may be updated.

Using your password has the same effect as your signature authorizing transactions.. Anyone to whom you disclose your password and anyone who has access to your password will have full access to Online Banking, including full access to your Accounts. 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.

You agree that our security procedures outline a commercially reasonable method of providing security against unauthorized payment instruction. You will be bound by any payment or transfer instruction that we accept in good faith, if we complied with the applicable security procedures or if you did not comply with them. Except for a breach of security in our internal systems, and except in a case where you comply with the applicable security procedures and either we do not so comply, we do not act in good faith, or applicable law requires otherwise, we shall have no responsibility for, and you assume full responsibility for, any transfer of funds resulting from a breach of security regardless of the source or cause thereof. Although we are liable for a breach of security in our own internal system, you are solely responsible and liable for a breach of security occurring on or in connection with a computer or computer network owned, controlled or used by you or your agents, by whatsoever means, unless otherwise provided by applicable law. A breach of security includes, but is not limited to, phishing, pharming, keylogging, or other fraudulent activity enabled by malware. If we do bear responsibility, it shall extend only to losses caused solely and directly by us, and our liability will in any event be limited as expressly provided in this Agreement.

6. Your Liability.

Tell us AT ONCE if you believe your user id and/or password has been lost, stolen or made available to a person that you have not authorized to access your Account, or if you believe that an electronic fund transfer from your Account has been made without your permission. Please contact us immediately by telephone or in writing. Telephoning is the best way of keeping your possible losses down. Contact us by phone at (608)798-2400 or write to us at State Bank of Cross Plains, 1205 Main Street, Cross Plains, Wisconsin 53528. 

You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or stolen access id and/or password, you can lose no more than $50 if someone used your access id and/or password without your permission. Also, if you do NOT tell us within 2 business days after you learn of the loss or theft of your access id and/or password, and we can prove we could have stopped someone from using your access id and/or password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by user id and/or password, or other means, tell us at once. If you do not tell us within sixty (60) days after the first statement on which the problem or error appeared was mailed to you, you may not get back any money you lost after the sixty (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.

7. Contact us in Event of Unauthorized Access

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 or our website at www.crossplainsbank.com.

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: Electronic Services, P.O. Box 218 Cross Plains WI, 53528

8. Bill Payments, Popmoney, and Other External Fund Transfers

The terms and conditions applicable to our bill pay, Popmoney, and other external fund transfer services can be found by logging into eBank! and accessing the Bill Payment link. By using any of these services, you agree to those terms and conditions and any changes communicated to you.

9. Hours and Processing Date for Funds Transfers.

eBank! is available 24 hours a day, 7 days a week, subject to maintenance that we believe to be necessary. We can process a funds transfer on the same Business Day as your instructions if we receive your instructions before our banking cut-off time. If we receive your instruction after the banking cut-off time, we will process the transaction on the next Business Day. For purposes hereof, the banking cutoff time is 6:00 p.m. CST for transfers between any of the following Accounts: checking, savings, money market, certificate of deposit, installment loan, line of credit, or mortgage loan. We may change the cutoff time, from time to time and will notify you of such change if required by law. eBank! may otherwise be delayed, interrupted, or otherwise negatively impacted by factors or reasons outside of our reasonable control.

10. Funds 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. 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.

11. Amend of Cancel a Funds Transfer

You may cancel or change a pending fund transfer by completing the appropriate data fields and giving us enough time to act on your instructions by 6:00 p.m. on the transfer date. Note: Modification of a Recurring Payment or transfer instruction will affect all future payments or transfers associated with that payment or transfer.

For Recurring Payments, you may also contact us by phone or written instruction in time for us to receive your request three (3) 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 fourteen (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.

12. Overdrafts.

When you initiate a funds transfer using the Service, you authorize us to withdraw the necessary funds from your Account. We debit the amount of your funds transfer on the Business Day you instruct us to process the funds transfer. Each instruction to us to withdraw or transfer from an Account is an order to us to pay the specified amount of funds from that Account on the specified Processing Date. We may charge funds transfers against the Account even though the charge creates an overdraft or constitutes a draw against unavailable funds. 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 the Terms and Conditions. Please refer to the Terms and Conditions of your Account and Account Fees and Options brochure for further information.

13. Our Liability for Failure to Process Funds Transfer. 

We strive to make all of your funds transfers according to your instructions. Notwithstanding the foregoing, we will incur no liability to you if we are unable to complete any transfer initiated by you through the Service because of the existence of any one or more of the following circumstances:

a. If the funds transfer would exceed (i) the maximum permitted funds transfer amount or exceed your Ledger Balance, or (ii) the amount available for your use on your line of credit after taking into account your Daily Balance or Daily Ending Balance.

b. If your Account has been re-titled, closed, blocked for security reasons, or subject to legal process or other encumbrances restricting the transfer.

c. If the funds transfer processing center is not working properly, and you know or have been advised by us about the malfunction before you execute a transaction.

d. If circumstances beyond our control (such as, but not limited to, fire, flood, system failure or interference from an outside force) prevent the proper execution of the transaction, and we have taken reasonable precautions to avoid those circumstances.

e. If you have not properly followed the instructions for using the Service.

f. If your operating system is not properly installed or functioning properly.

g. For errors or failures due to malfunctions attributable to your browser, your internet service provider, a computer virus or other problems relating to the computer or Mobile Device you use with the Service, including, without limitation, your inability to access the Service or any part of the Service.

h. For circumstances identified elsewhere in the Terms and Conditions or in our other agreements with you.

Provided none of the foregoing exceptions apply, if we cause an incorrect amount of funds to be removed from your Account, we will be responsible for returning the improperly transferred funds to your Account. If we cause funds from your Account to be directed to an incorrect payee, you agree to help us recover such funds.

NOTWITHSTANDING ANY OTHER PROVISION IN THE TERMS AND CONDITIONS, UNLESS OTHERWISE PROHIBITED BY LAW, THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO FAILED FUNDS TRANSFERS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICE.

14. Error Resolution

In Case of Errors or Questions About Your Electronic Transfers contact us by phone at (608) 798-2400 or write us at State Bank of Cross Plains, ATTN: Electronic Services, 1205 Main Street, Cross Plains, Wisconsin 53528, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.

  • Tell us your name and Account number (if any).
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days (5 Business Days if involving a Visa transaction or 20 Business Days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days (5 Business Days if involving a Visa transaction or 20 Business Days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us 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.

An Account is considered a new account for 30 days after the first deposit is made, if you are a new customer. 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. You may ask for copies of the documents that we used in our investigation.

15. Disclaimer of Liability and Warranties.

The Service makes use of a private network, intended for authorized users only. We have confidence in the security measures we employ; however, this is not an invitation for individuals to attempt unauthorized access. YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SERVICE. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, DISCLAIM ANY AND ALL LIABILITY, WHETHER NOW KNOWN OR OTHERWISE, WITH RESPECT TO YOUR USE, WHETHER AUTHORIZED OR UNAUTHORIZED, OF THE SERVICE AND WE FURTHER DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

16. Indemnification

Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold us, our affiliates, employees and agents, harmless from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the Service, your violation of any of the Terms and Conditions or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.

17. Fees

If applicable to you and your account, you agree to pay the fees associated with eBank! in accordance with our fee schedules and disclosures as established by us from time to time. We may automatically deduct these fees from an eligible account even if they create an overdraft and we may assess the appropriate overdraft fees.

18. Changes; Amendments; Revisions

We reserve the right, at our discretion, to add, delete, change, modify, alter, or discontinue eBank! or any aspect, feature, or function of eBank! at any time, including content, hours, and equipment needed for access or use (“Change(s)”). We also reserve the right, at our discretion, to add, delete, change, modify, or amend any fees, help screens or other terms and conditions of this Agreement at any time (also called, “Change(s)”). Unless an immediate Change is necessary to ensure the security of eBank! or your accounts, we will send you notice to the mail address or e-mail address we currently possess in our file or by messaging you via eBank! or posting such notice on eBank! or at www.crossplainsbank.com. If required by law, we will send such notice at least twenty-one (21) days before the effective date of any Changes.

19. Termination or Discontinuation

In the event you wish to discontinue any or all of the eBank! services, you must contact us in writing. Written notice of eBank! discontinuance must be received ten (10) business days prior to the actual discontinuance date and must be sent to State Bank of Cross Plains, Attn: Electronic Services 1205 Main St, Cross Plains, Wisconsin 53528.

We reserve the right to suspend, revoke or terminate your use of eBank! in whole or in part at any time. Without limiting the foregoing sentence, if you do not access eBank! for 180 consecutive days, we may terminate your access. Suspension, revocation, termination, or discontinuation will not reduce your liability or obligations under this Agreement.

Since service cancellation requests take up to ten (10) business days to process, you should cancel all outstanding payment or transfer orders in addition to notifying us of your desire to terminate eBank!. We will not be liable for payments or transfers not cancelled or payments or transfers made due to the lack of proper notification by you of service termination or discontinuance for any reason.

You will be responsible for making arrangements to pay any future or recurring payments upon termination.

20. Disclosure of Account Information to Third Parties

We may disclose information about you and your designated account or transactions on your designated account as provided in our Privacy Policy and terms and conditions of your deposit account.

21. Third-Party Service Providers.

You understand that support and services relating to the Service are provided by third-party service providers, and you authorize us to contract with third-parties to provide such support and service.

22. Electronic Record Consent and Your Right to Obtain Paper Copies.

You consent to receive electronic records that may be required to be made available during the course of your relationship with us with respect to the Service. You have a right to withdraw the consent to receive electronic records by notifying us in writing at State Bank of Cross Plains, 1205 Main Street, Cross Plains, Wisconsin 53528. You have a right to obtain electronic records in paper form, upon request. You may obtain a paper copy of an electronic record by contacting us by phone at (608) 798-2400. We may charge fees identified in our current Account Fees & Options brochure which may be amended by us from time to time.

23. Periodic Statements. 

Any activity on your Account conducted through the Service will appear on your periodic Account statement.

24. Notification of Change in Name or Address. 

You agree to notify us promptly in writing of any change to your name, or address (including email address). You should send such notifications to us at State Bank of Cross Plains, 1205 Main Street, Cross Plains, Wisconsin 53528.

25. Assignment.

You may not assign your rights and obligations under the Terms and Conditions to any other party. We may assign our rights and obligations under the Terms and Conditions to our successor-in-interest or to any, directly or indirectly, affiliated company without your consent.

26. No Waiver.

We shall not be deemed to have waived any of our rights or remedies here under unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or wavier of any rights or remedies on future occasions.

27. Governing Law.

The Service is governed by applicable clearinghouse rules, state laws, federal laws and regulations (in each case to the extent that such have not been varied by this Agreement). The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin.

28. Headings.

Headings are used for reference purposes only and shall not be deemed part of the Terms and Conditions.

29. Miscellaneous

You agree not to use your account or the service in any illegal activity. All trademarks, service marks, and trade names referenced in this material are the property of their respective owners. State Bank of Cross Plains is a Member FDIC and an Equal Housing Lender. You agree that you are at least 18 years of age and you will use the service for personal use only.

ELECTRONIC NOTICE DISCLOSURE AND AGREEMENT for eMOBILE MOBILE BANKING:

Before enrolling in our Mobile Banking Service (the “Service”), you must provide us with your consent to deliver documents relating to the Service (including records, notices, disclosures and agreements) to you electronically. Such documents contain the terms and conditions that will govern the Service, among other information. By enrolling in the Service and using the Service thereafter, you agree to the Mobile Banking Service Terms and Conditions (the “Terms and Conditions”), which will be made available to you at the time of your enrollment. You may also view the Terms and Conditions through our ebank portal by following the link to the disclosures page. We will continue to deliver notices and disclosures to you electronically until the Service is terminated or you revoke your consent.

Unless otherwise required by law, we may deliver future notices and disclosures to you electronically:

  • to your email;
  • by posting the information on our Online Banking Website and sending you a notice to your postal address or email (either separately or as part of an account statement) telling you that the information has been posted and providing instructions on how to view it; or
  • to the extent permitted by law, by posting the information on our Website.

You have the right to withdraw your consent to receive information from us electronically and may exercise such right by calling us at 608-798-5265, or writing to us at State Bank of Cross Plains, 1205 Main Street, Cross Plains, Wisconsin 53528.

If your email address or Mobile Device number to which we will be sending information relating to the Service should change in the future, you must update the Options tab within our Online Banking application with your new contact information, or notify us in writing. If you do not update your contact information in our records, you may not receive the information delivered by us. We will not be liable to you for your failure to update your contact information in our records. To view the disclosures, agreements and required notices on your Mobile Device, you will need a Mobile Device as defined in the Mobile Banking Services Terms and Conditions. To access, view, print and retain the disclosures, agreements and required notices we make available to you, you will need the following:

  • An active State Bank of Cross Plains online banking account;
  • A personal computer with connections to the internet capable of receiving, accessing, displaying, and either printing or storing statements received in electronic form from State Bank of Cross Plains;
  • A current version of computer operating software and internet browser (Internet Explorer is recommended);
  • Internet browser that supports 128 bit encryptions;
  • A valid email account; and
  • Adobe Acrobat® Reader®.

We reserve the right to deliver any information relating to the Service to you by regular mail to your most recent address reflected in our records.

By clicking the “I Accept the terms and conditions” box, you consent to the receipt of the above agreements, disclosures and notices electronically.

By not accepting the terms and conditions, you do not consent to the receipt of the above agreements, disclosures and notices electronically.

Mobile Banking Service Terms and Conditions

Thank you for using the Mobile Money Services ("Services") and any related Software (“Software”) provided by State Bank of Cross Plains, ("Financial Institution") combined with your handheld’s text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and billpay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.

1. Defined Terms. As used in the Terms and Conditions, the following capitalized terms shall have the meaning ascribed to them:

a. "Account" means your deposit and loan accounts with us including but not limited to: checking, savings, money market, certificate of deposit, lines of credit, and certain other loan products. “Account” does not include credit cards with our name or logo appearing on it.

b. "Business Day" means Monday through Friday, excluding federal holidays.

c. "Daily Balance" or "Daily Ending Balance" means the Account balance as of the end of the previous Business Day, excluding Pending Transactions.

d. “Financial Institution” means State Bank of Cross Plains or ("we", "us", "our" or "bank")

e. "Mobile Device" means a mobile device which is capable of accessing the Service by using an app, such as an Android®, iPhone®, Blackberry® RIM® device or any type of tablet device.

f.  "Pending Transactions" means the electronic transactions which have not been posted but which have been transmitted to us.

g. "Processing Date" means the Business Day on which your Account is debited or credited.

2. Functions.

Using the Service with your Mobile Device, you can:

a. View Account and transaction information.

b. Deposit checks remotely through your mobile device. Terms and conditions specifically applicable to mobile deposit are contained in Exhibit A to these Terms and Conditions.

c. Transfer funds among your Accounts, which include transferring funds from a line of credit to a deposit Account and making payments to a loan Account.

d. Set up Account alerts to be sent to your Mobile Device.

e. If you also sign up for our Online Bill Pay Service, and your Mobile Device and Mobile Device carrier support the function, you will have the ability to pay bills from your checking or money market account to parties you have identified in our Online Bill Pay Service.

NOTE: Some of the above functions may not be available for all Mobile Devices and/or Mobile Device carrier plans.

3. Other Agreements.

The Service is another means of accessing certain Accounts you have with us as well as conducting certain transactions with respect to those Accounts through the use of your Mobile Device. You agree that when you use the Service, you will remain subject to the terms and conditions of all your existing agreements with us, including but not limited to, the Terms and Conditions of your Account, the eBank Agreement, and the Terms and Conditions of the Online Bill Pay Service, if applicable, and that the Terms and Conditions do not supersede any of those agreements, except as specifically provided herein. In the event of a conflict between the Terms and Conditions and the other agreements between you and us, the Terms and Conditions control concerning your use of the Service.

4. Service Availability.

a. We will attempt to make the Service available on a continuous basis. Maintenance requirements, however, whether scheduled or emergency, may result in system unavailability from time to time. We will try to conduct scheduled maintenance during non-peak hours. Service accessibility may also be interrupted due to conditions beyond our control, including outages in internet or cellular service. If this occurs, we will attempt to re-establish the Service as quickly as possible, but in no event will we be liable to you for interruptions in the Service due to conditions beyond our control.

b. Financial information obtained using the Service reflects the most recent Account information available through the Service and may not be accurate or current. You agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

5. Hardware and Software Requirements.

To use the Service, you will need a compatible and supported Mobile Device, which you are responsible for providing. The Mobile Device that you use may be subject to unauthorized tracking or other manipulation due to "spyware" or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your software and hardware is at your own risk. The Service may not be available through all mobile service providers or carriers, and some mobile phones and other wireless devices may not be supported by the Service. We do not guarantee the functionality, compatibility, or availability of the Service with any Mobile Device.

6. Security and Use.

a. We reserve the right to take action at any time to protect the Service, our systems and information, including denying you access to the Service in whole or in part.

b. We will attempt to secure the Service to prevent, among other things, access by unauthorized persons and the introduction of any malicious code, such as a computer virus. However, no security system is failsafe, and despite our efforts the security of the Service could be compromised or malicious code could be introduced by third-parties.

c. You agree to immediately notify us of any unauthorized use of the Service or any other breach of security known to you and you shall cooperate with us in investigations and other actions taken with respect to the same.

d. We make no representations or warranties that the Services will be available for use in locations outside of the United States and accessing the Service from locations outside of the United States is at your own risk.

e. Anyone using your Mobile Device and your password can access your Account and have full access to the Service in the same manner as you can. If anyone uses your Mobile Device and/or password with or without your permission, you will be responsible for any transactions performed by that person with respect to your Account. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the Service. You agree to keep your Mobile Device and password safe, confidential and secure, not to record the password or otherwise disclose or make the password available to anyone other than authorized users of your Account.

 7. Your Obligations.

You accept responsibility for making sure that you know how to properly use your Mobile Device, the Service and the Software and we will not be liable to you for any losses caused by your failure to properly use your Mobile Device, the Service or the Software.

8. Mobile Device Carrier.

a. You acknowledge and agree that your use of the Service may also be subject to agreements you have with third party service providers, such as your Mobile Device carrier, and that the Terms and Conditions do not amend or supersede any of those agreements. You further acknowledge and agree that those agreements may contain requirements and limitations, including your responsibility for fees and charges, which may impact your use of the Service. You agree that you are solely responsible for all such fees, service charges, limitations and restrictions.

b. Only your Mobile Device Carrier is responsible for its products and services. You agree to resolve any problems with your Mobile Device carrier directly with such carrier without involving us.

We assume no responsibility for the operation, security, functionality or availability of any wireless device or mobile network which you utilize to access the Service.

9. Indemnification.

Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold us, our affiliates, employees and agents, harmless from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the Service, your violation of any of the Terms and Conditions or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.

10. Restriction on Use.

a. You agree that Service is for personal use only. You agree not to resell or make commercial use of the Service.

b. You may transfer funds through the Service in any amount, subject to funds availability. Transfers from a money market or savings account to another account or to third parties by check, preauthorized, automatic, telephone or computer transfer, debit card or similar order are limited to six (6) withdrawals per statement period. If you exceed the transfer limitations set forth above in any statement period, your account will be subject to closure by the financial institution.

11. Disclaimer of Liability and Warranties.

The Service makes use of a private network, intended for authorized users only. We have confidence in the security measures we employ; however, this is not an invitation for individuals to attempt unauthorized access. YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SERVICE. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, DISCLAIM ANY AND ALL LIABILITY, WHETHER NOW KNOWN OR OTHERWISE, WITH RESPECT TO YOUR USE, WHETHER AUTHORIZED OR UNAUTHORIZED, OF THE SERVICE AND WE FURTHER DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

12. Our Liability for Failure to Process Funds Transfer.

We strive to make all of your funds transfers according to your instructions. Notwithstanding the foregoing, we will incur no liability to you if we are unable to complete any transfer initiated by you through the Service because of the existence of any one or more of the following circumstances:

a. If the funds transfer would exceed (i) the maximum permitted funds transfer amount or exceed your Ledger Balance, or (ii) the amount available for your use on your line of credit after taking into account your Daily Balance or Daily Ending Balance.

b. If your Account has been re-titled, closed, blocked for security reasons, or subject to legal process or other encumbrances restricting the transfer.

c. If the funds transfer processing center is not working properly, and you know or have been advised by us about the malfunction before you execute a transaction.

d. If circumstances beyond our control (such as, but not limited to, fire, flood, system failure or interference from an outside force) prevent the proper execution of the transaction, and we have taken reasonable precautions to avoid those circumstances.

e. If you have not properly followed the instructions for using the Service.

f. If your Mobile Device or operating system is not properly installed or functioning properly.

g. For errors or failures due to malfunctions attributable to your browser, your internet service provider, your Mobile Device carrier, a computer virus or other problems relating to the computer or Mobile Device you use with the Service, including, without limitation, your inability to access the Service or any part of the Service.

h. For circumstances identified elsewhere in the Terms and Conditions or in our other agreements with you.

Provided none of the foregoing exceptions apply, if we cause an incorrect amount of funds to be removed from your Account, we will be responsible for returning the improperly transferred funds to your Account. If we cause funds from your Account to be directed to an incorrect payee, you agree to help us recover such funds.

NOTWITHSTANDING ANY OTHER PROVISION IN THE TERMS AND CONDITIONS, UNLESS OTHERWISE PROHIBITED BY LAW, THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO FAILED FUNDS TRANSFERS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICE.

13. Your Liability.

Tell us AT ONCE if you believe your Mobile Device and/or password has been lost, stolen or made available to a person that you have not authorized to access your Account, or if you believe that an electronic fund transfer from your Account has been made without your permission. Please contact us immediately by telephone or in writing. Telephoning is the best way of keeping your possible losses down. Contact us by phone at (608)798-2400 or write to us at State Bank of Cross Plains, 1205 Main Street, Cross Plains, Wisconsin 53528. 

You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or stolen Mobile Device and/or password, you can lose no more than $50 if someone used your Mobile Device and/or password without your permission. Also, if you do NOT tell us within 2 business days after you learn of the loss or theft of your Mobile Device and/or password, and we can prove we could have stopped someone from using your Mobile Device and/or password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by access device, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the first statement on which the problem or error appeared was mailed to you, you may not get back any money you lost after the sixty (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.

14. Error Resolution.

In Case of Errors or Questions About Your Electronic Transfers contact us by phone at (608) 798-2400 or write us at State Bank of Cross Plains 1205 Main Street, Cross Plains, Wisconsin 53528, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.

  • Tell us your name and Account number (if any).
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days (5 Business Days if involving a Visa transaction or 20 Business Days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days (5 Business Days if involving a Visa transaction or 20 Business Days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us 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.

An Account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

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. You may ask for copies of the documents that we used in our investigation.

15. Account Information Disclosure.

We may disclose information to third-parties about your Account(s) or the transactions you make:

  • To process your transactions
  • To maintain your account
  • To respond to court orders and/or legal investigations
  • To report to credit bureaus
  • In compliance with applicable laws, rules and regulations.

Note: The circumstances under which we may provide information about your Account(s) to affiliates and/or third parties are set forth in our current privacy notice. You may request a paper copy by writing to us at State Bank of Cross Plains, 1205 Main Street, Cross Plains, Wisconsin 53528.

16. Third-Party Service Providers.

You understand that support and services relating to the Service are provided by third-party service providers, and you authorize us to contract with third-parties to provide such support and service.

17. Information Authorization.

In order to facilitate provision of the Service to you or to investigate fraud related to the Service, it may be necessary to obtain additional information from other financial institutions, consumer credit reporting companies or merchants. By enrolling in and using the Service, you agree that we have the right to request a review of your credit rating at our expense through an authorized bureau. In addition, you authorize us to obtain information regarding your Service-related transactions from a merchant or other payee to resolve payment-pending problems.

18. Provision of Phone Number.

By providing us with the cellular telephone number to your Mobile Device, you expressly consent to receiving communications at that number from us and our agents. Such communications may include, but are not limited to, text messages, prerecorded or artificial voice message calls and/or calls made by an automatic telephone dialing system. Note: If you do not want to be called for marketing purposes, ask to be added to our internal do-not-call for marketing list.

19. Fees.

If applicable to your account, you agree to pay the fees associated with the Service in accordance with our current fee schedules and disclosures as established by us from time to time. We may automatically deduct any fees from an eligible account even if they create an overdraft and we may assess appropriate overdraft fees.

Note: Please refer to our current Account Fees and Options brochure for fee information related to any of our services.

20. Electronic Record Consent and Your Right to Obtain Paper Copies.

You consent to receive electronic records that may be required to be made available during the course of your relationship with us with respect to the Service. You have a right to withdraw the consent to receive electronic records by notifying us in writing at State Bank of Cross Plains, 1205 Main Street, Cross Plains, Wisconsin 53528. You have a right to obtain electronic records in paper form, upon request. You may obtain a paper copy of an electronic record by contacting us by phone at (608) 798-2400. We will charge fees identified in our current Account Fees & Options brochure which may be amended by us from time to time.

21. Periodic Statements.

Any activity on your Account conducted through the Service will appear on your periodic Account statement.

22. Notification of Change in Name, Address or Mobile Device.

You agree to notify us promptly in writing of any change to your name, address (including email address) or Mobile Device. You should send such notifications to us at State Bank of Cross Plains, 1205 Main Street, Cross Plains, Wisconsin 53528.

23. Assignment.

You may not assign your rights and obligations under the Terms and Conditions to any other party. We may assign our rights and obligations under the Terms and Conditions to our successor-in-interest or to any, directly or indirectly, affiliated company without your consent.

24. No Waiver.

We shall not be deemed to have waived any of our rights or remedies here under unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or wavier of any rights or remedies on future occasions.

25. Termination or Discontinuation.

We may modify, suspend or terminate your use of the Service and may reject any transaction, at any time, without prior notice to you or liability to you. In the event we terminate the Service, we will try to notify you in advance but are not required to do so. Any authorized person on your Account may terminate the Service. To stop delivery of messages to your Mobile Device, you must opt out of the Service. To opt out of the Service by SMS, send a text message with the word "STOP" to 96924. You will receive a one-time opt-out confirmation text message. After that, you will not receive any future messages. Neither termination nor discontinuation of the Service shall affect your liability or obligations under the Terms and Conditions.

26. Processing Date for Funds Transfers.

We can process a funds transfer on the same Business Day as your instructions if we receive your instructions before our banking cut-off time. If we receive your instruction after the banking cut-off time, we will process the transaction on the next Business Day. For purposes hereof, the banking cutoff time is 6:00 p.m. CST for transfers between any of the following Accounts: checking, savings, money market, certificate of deposit, installment loan, line of credit, or mortgage loan. We may change the cutoff time, from time to time and will notify you of such change if required by law.

27. Overdrafts.

When you initiate a funds transfer using the Service, you authorize us to withdraw the necessary funds from your Account. We debit the amount of your funds transfer on the Business Day you instruct us to process the funds transfer. Each instruction to us to withdraw or transfer from an Account is an order to us to pay the specified amount of funds from that Account on the specified Processing Date. We may charge funds transfers against the Account even though the charge creates an overdraft or constitutes a draw against unavailable funds. 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 the Terms and Conditions. Please refer to the Terms and Conditions of your Account and Account Fees and Options brochure for further information.

28. Governing Law.

The Service is governed by applicable clearinghouse rules, state laws, federal laws and regulations (in each case to the extent that such have not been varied by this Agreement). The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin.

29. Headings.

Headings are used for reference purposes only and shall not be deemed part of the Terms and Conditions.

30. Miscellaneous.

Android® is a trademark of Google Inc. iPhone® is a registered trademark of Apple Inc. Blackberry® and RIM® are registered trademarks of Research in Motion Limited. All trademarks, service marks and trade names referenced in the Terms and Conditions are the property of their respective owners.

EXHIBIT A

Terms and Conditions for Mobile Deposit Service 

Mobile Deposit Service.

The mobile deposit service allows you to make deposits of the electronic image of a check (an “Item”) to your checking, savings or money market accounts held with us by capturing an electronic image of the Item with the mobile device (such as a camera on your mobile device) and submitting images and associated information to us for processing. 

Eligible Items.

You agree that you will not use the mobile deposit service to deposit any of the following Items:

  1. Items payable to any person or entity other than you;
  2. Items drawn on a financial institution located outside the United States;
  3. Items containing obvious alteration to any of the fields on the front of the Item, or which you know or suspect, or should know or suspect, are fraudulent; or
  4. Items prohibited by our current procedures relating to the mobile deposit service or which are otherwise not acceptable under the terms of your checking, savings or money market account.

Image Quality and Duplicate Deposit.

The image of an Item transmitted using the mobile deposit service must be legible and clear. It must not be altered. It must capture all pertinent information from both sides of the Item. Image quality must comply with industry requirements established and updated by the American National Standards Institute, Federal Reserve Board and any other regulatory agency.

Endorsement.

You agree to properly endorse all Items captured and submitted using the mobile deposit service.

Processing Time and Availability of Funds.

If we receive the image of an Item for deposit on or before 6:00 p.m. Central Time on a Business Day, we will consider that day the day of deposit. If we receive the image of an Item for deposit after 6:00 p.m. Central Time or on a weekend or on a non-Business Day, we will consider the next Business Day as the day of deposit. Funds from Items deposited through the Service will be made available to you pursuant to our Funds Availability Policy.

Disposal of Transmitted Items.

You agree to safeguard and keep the original Item for 15 Business Days after you have transmitted the Item. After 15 Business Days following the deposit using the mobile deposit service, if you have verified that the funds have been credited to your Account, you agree to mark the item as “VOID” and properly dispose of it to ensure it is not presented for deposit again.

Restrictions and Limitations.
You agree:

  1. only Items that originated as paper Items and no third party or electronic checks may be deposited using the mobile deposit service;
  2. after you submit an Item for deposit using the mobile deposit service you will not redeposit or otherwise transfer or negotiate the original Item;
  3. not to deposit Items into your Account unless you have authority to do so;
  4. the total aggregate amount of all deposits using the mobile deposit service will not exceed $ 10,000 each day.
  5. not to deposit any single item that exceeds $5,000;
  6. after you submit an Item for deposit you are solely responsible for the storage or destruction of the original Items;
  7. the electronic image of the Item will become the legal representation of the Item for all purposes; and
  8. any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn.

Minimum Hardware and Software Requirements.

In order to use the mobile deposit service, you must obtain and maintain, at your expense, compatible hardware and software as specified by us, including an Internet enabled mobile device as specified by us.

Fees. 

If applicable to your account, you agree to pay the fees associated with the Service in accordance with our current Account Fees and Options as established by us from time to time. We may automatically deduct any fees from an eligible account even if they create an overdraft and we may assess appropriate overdraft fees.

Eligibility, Termination and Changes.

You will be automatically enrolled to use the mobile deposit service once you enroll in our Mobile or Tablet application. We have the right to suspend or terminate the mobile deposit service at any time if you do not follow the terms and conditions of the service. We also reserve the right to change the mobile deposit service at any time.

Errors.

You agree to notify us of any suspected errors related to your deposits through the mobile deposit service immediately and no later than thirty (30) days after the applicable Account statement is provided.

Interruptions. 

The mobile deposit service is provided for your convenience and does not replace your monthly Account statement, which is the official record of your Account. The mobile deposit service may be delayed, interrupted or otherwise negatively impacted by factors relating to your mobile device, your Internet service provider, wireless provider or other parties, or due to other reasons outside of our control. We will not be liable for any such delays, interruptions or negative impacts to the mobile deposit service and you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Indemnification.

Notwithstanding any other provision contained herein, you agree to indemnify, defend and hold us harmless from and against any claims, losses, liability, cost and expenses (including reasonable attorneys fees) arising from your use of the mobile deposit service. This obligation survives termination of this Agreement.

State Bank of Cross Plains is a Member FDIC and an Equal Housing Lender.

Portions of this mobile banking software application © 2008-2012 by Mitek Systems, Inc. All rights reserved.

Download our Business Banking Services PDF

MASTER ENROLLMENT FORM - Business Banking Services

The person signing this document is an officer, owner, principal, member or other authorized individual of the business organization identified below (“Client”). By signing below, you acknowledge receipt of the Business Banking Services Agreement Terms and Conditions (“Agreement”) as of the date hereof, and you and we agree that the terms and conditions set forth therein will be binding and that certain service charges may be charged to your account each month. You also agree that the terms contained in any enrollment forms related to the services provided pursuant to the Agreement shall govern. By utilizing ACH Origination, wire transfer, eCourier, positive pay, bill payment, ACH Filter, or other services as they become available, you acknowledge and agree that the terms related to each of these respective services appear as Exhibits to the Agreement and shall apply to your use of any such services, as applicable, in addition to the terms of the Agreement. In the event any terms in the Exhibits conflict with the terms otherwise provided in the Agreement, the terms in the Exhibits shall govern. You warrant to us that you are properly authorized to bind the Client to the terms of the Agreement and to deliver this document and any document related to it. This acknowledgment shall supersede any previous acknowledgments you may have provided to us. 

  • Schedule A must be completed if Client wishes to enroll related parties for eCorp. 
  • Security Schedule must be signed by Authorized Individual for Company acknowledging security controls 

COMPANY NAME:

TAX ID NO.:

PRINCIPAL ADDRESS:

AUTHORIZED SIGNER:

PRINTED NAME:

PRINTED TITLE:

PHONE NUMBER:

DATE:

Future Accounts. Client hereby authorizes the Bank to provide access to any account that is opened subsequent to the signing of this Agreement, provided the Authorized Signer identified above is also an Authorized Signer on such subsequently-opened account. 

SCHEDULE A

Related Clients

If this Schedule A is completed, then you desire that certain related companies (“Related Clients”) listed below be enrolled in eCorp and, where applicable, that you be given access to the Related Clients’ accounts. Each person signing below certifies that he or she is an officer, owner, principal, member or employee of each Related Client listed and is duly authorized to sign documents, conduct banking transactions and otherwise enter into contractually binding arrangements for each entity listed herein. Each Related Client desires to have its account relationships linked with those of the Client and with each other and understands that by doing so, the Client will have access to the Related Client’s account inormation and the authority to conduct transactions on the Related Client’s account. Each Related Client, through an express action by its board of directors, partners, members and/or owners, as applicable, has duly authorized the appointment of the Client as an agent with full power and authority to act on behalf of the Related Client in connection with any depository activities regarding the Related Client’s accounts, including, specifically, but without limitation, the power and authority to: (a) link the Related Client’s accounts to the Client’s eCorp profile; (b) view the Related Client’s accounts through eCorp, including any transactional information related thereto; (c) issue instructions regarding the Related Client’s accounts, including authorizing debits and withdrawals through eCorp or other electronic means; and (d) enroll in specific additional services on Related Client’s behalf. By signing below, each Related Client releases and holds the Bank harmless from and against any claims or losses arising from the authority provided to the Client herein. The entities below also agree to be bound by all terms of the Agreement. If a Related Client wishes to enroll in additional services, the Related Client, or the Client on the Related Client’s behalf, must complete the applicable enrollment forms. This Exhibit shall be effective as of the date last signed below. 

Related Client Tax ID: Related Client Tax ID:

Company Company

Address Address

City, State City, State

By: By:

Authorized Signer Authorized Signer

Title Title

Date Date

Future Accounts. Client hereby authorizes the Bank to provide access to any account that is opened subsequent to the signing of this Agreement, provided the Authorized Signer identified above is also an Authorized Signer on such subsequently-opened account. 

Security Schedule

(Effective 7/1/2014)

This Security Schedule (“Schedule”) to the Business Banking Services Agreement Terms& Conditions (the “Agreement”) sets forth the required security procedures that shall apply to all Services (as defined in the Agreement) used by you. 

1. Scope; Definitions. By signing below and through your use of the Services, you agree to be bound by the terms and conditions hereof. It is understood and agreed that this Schedule shall supplement and is hereby incorporated into the Agreement and any related Schedules. Unless otherwise defined herein, capitalized terms have the meanings ascribed to them in the Agreement. Any reference to “we”, “us”, or the “Bank” shall refer to State Bank of Cross Plains, and any reference to “you” or the “Company” shall refer to the company countersigning this Schedule below. 

2. Background. The Services require the use of eCorp. In order to mitigate the risks to you and us, and to clearly establish each party’s expectations, liability, and responsibilities regarding the Services, we have developed this Security Schedule. By signing below and by your continued use of the Services, you agree that these procedures are commercially reasonable and that you agree with and accept the terms and conditions set forth below. You understand that the security procedures are for verification of authenticity of any transaction or access request and are not intended to detect errors in the transmission or content of any entries. You and we have not agreed upon any security procedures for the detection of any such errors. 

3. Commercially Reasonable. YOU HEREBY AGREE TO THE SECURITY PROCEDURES HEREIN AND ACKNOWLEDGE THAT SUCH SECURITY PROCEDURES ARE A COMMERCIALLY REASONABLE METHOD OF PROVIDING SECURITY AGAINST UNAUTHORIZED TRANSFER OF FUNDS, PAYMENT INSTRUCTIONS AND OTHER TRANSACTIONS. You confirm that you have assessed the security procedures for eCorp and have determined that these features, in combination with your own security measures, are adequate for your Account(s). If you use any method other than the security procedures set forth herein in connection with eCorp or to communicate, deliver, or transmit any instruction to us, you reject the security procedures set forth herein and are deemed to have chosen an alternative security procedure. In such case, you agree that such alternative security procedures may not be found to be commercially reasonable, and agree to be bound by any instruction or any other transaction, whether or not authorized, that was issued in your name, or otherwise, and accepted by us using the alternative security procedures selected by you. 

4. Bank Duties. We will do the following, as applicable: 

4.1 Provide multi-factor authentication that utilizes user IDs and passwords (“Codes”), to identify clients when logging into eCorp, plus, for high-risk transactions involving access to client information or the movement of funds to other parties, at least one other method of security such as a security device (“Token”), callback, or some other “out-of-band” control. We reserve the right to modify the identification process from time to time to implement new measures that are recommended in the industry to combat new or increased threats. 

4.2 Set up limits for bill payment, funds transfer, wires, ACH, and other cash management services. 

4.3 Provide secure sign-on which provides visual cues when you sign on so you know that you are on our website and it is safe to enter information. 

4.4 Publish minimum best practices for online banking security on our website at www.crossplainsbank.com. We will also offer client education and awareness programs pertaining to the prevention of security breaches of online banking. 

5. Customer Duties. You will do the following, as applicable: 

5.1 Investigate, implement, and maintain adequate online banking security practices and procedures related to access to and use of eCorp. 

5.2 Set up, maintain and regularly review security arrangements concerning access to, and use of, eCorp and the Services. This includes, but is not limited to, a device, computer or computer network owned, controlled or used by you or your employees, contractors, service providers or agents; the control of your Internet access services; and the control of your Codes and Tokens. 

5.3 Install, update, maintain and properly use industry standard security products that are appropriate for you, such as the following, without limitation: 

5.3.1 Firewall to prevent unauthorized access. 

5.3.2 Anti-virus protection to prevent your personal computers from being victimized by the latest viruses and other destructive or disruptive components. 

5.3.3 Anti-spyware protection to prevent spyware from providing potential tracking information about your Web activities. 

5.3.4 A product that indicates the Web site you are on, or an Internet browser that indicates the site name. 

5.4 Install, update, maintain and properly use industry standard operating systems and desktop applications with the latest patches when they are available, particularly when and if they apply to a known exploitable vulnerability. We require your browser to be, at a minimum, a fully SSL-compliant, 128 bit encrypted browser. 

5.5 Follow these minimum general safety guidelines:  

5.5.1 Never walk away from your computer while logged on to eCorp. 

5.5.2 Check your Account balances and activity daily and report any suspicious activity immediately by calling 608-798-2400. 

5.5.3 Memorize your Codes and change them regularly (or upon our request). 

5.5.4 Never disclose your Codes to any other person, and take all reasonable actions to maintain their confidentiality. If someone identifies himself as one of our employees and asks for your Codes, that person is an imposter. 

5.5.5 Choose Codes that are not easy to guess. Passwords must comply with our minimum requirements. 

5.5.6 Read and stay abreast of the best practices for online banking security as published on our website. From time to time, these best practices may be updated. 

5.5.7 Call us immediately at 608-798-2400 if you know of or suspect any unauthorized access to eCorp or any unauthorized transaction or instruction, or you believe your Codes or Tokens have been stolen or compromised. 

6. Breaches of Security Procedures. You assume full responsibility for any transaction conducted through the Services that we accept in good faith, if we complied with the applicable security procedure or if you did not comply with it. Except for a breach of security in our internal systems, and except in a case where you comply with the applicable security procedures and either we do not so comply or we do not act in good faith, we shall have no responsibility for, and you assume full responsibility for, any transfer of funds, payment instructions or other transactions resulting from a breach of security regardless of the source or cause thereof. Without limiting the generality of the previous sentence, you are responsible for a breach of security occurring on or in connection with your systems or use of eCorp, by whatsoever means, such as (by way of example and not limitation), viruses, Trojans, worms, phishing, pharming, keylogging or other fraudulent activity enabled by malware or other destructive or disruptive components. If we do bear responsibility, it will extend only to losses caused solely and directly by us, and our liability will in any event be limited as provided in the “Limitation of Liability” section of the Agreement. 

7. Security Enhancements. You acknowledge that we may offer certain products that may reduce the risks associated with certain of the Services. These products may be subject to a fee. We may also make you aware of additional products in the future designed to further mitigate the risk of future threats to the Services. If you continue to use the Services without subscribing for the enhanced security measures that we may offer now and in the future, you understand and agree that you assume all liability resulting from any losses or damages that could otherwise have been prevented with such measures. 

a. ACH Filter. We offer an ACH Filter product that provides complete “pay” or “no pay” control of exception items by allowing you to compare authorized debtor information to ACH debits posting to your account. 

b. Positive Pay. We offer a Positive Pay product that provides complete “pay” or “no pay” control of exception items by comparing check issued information to checks presented for payment. 

c. Dual Control. Certain products, such as wire transfers, funds transfer or ACH Origination offer the ability to require dual signers or dual authorization before we will honor a payment request. If you have elected to forgo the use of dual control where allowed, you agree to assume any liability that may arise from unauthorized transactions that may have been detected and/or prevented with the use of dual control security procedures. 

By signing below, you acknowledge that you have been made aware of additional security measures that are available to protect your Accounts from fraud and other unauthorized activity. If you elect to employ certain of these measures, you may be required to sign an additional Schedule or agreement detailing procedures, terms and conditions specific to each measure. If you decline to employ one or more of these enhanced measures, you agree to assume any liability for losses or other damages that may arise from doing so. For example, if you decline ACH Filters and your Accounts are later subject to fraud that could have been prevented or mitigated with the use of ACH Filters, you will hold us harmless and agree that you will assume all liability for such losses or damages. You acknowledge that we may offer certain products that may reduce the risks associated with certain of the Services. These products may be subject to a fee. We may also make you aware of additional products in the future designed to further mitigate the risk of future threats to the Services. If you continue to use the Services without subscribing for the enhanced security measures that we may offer now and in the future, you understand and agree that you assume all liability resulting from any losses or damages that could otherwise have been prevented with such measures. 

This Security Schedule to the Business Banking Services Agreement Terms & Conditions shall be effective as of the date last signed below. 

STATE BANK OF CROSS PLAINS

COMPANY BANK 

By: By:

Name: Name:

Title: Title:

Date: Date:

BUSINESS BANKING SERVICES AGREEMENT TERMS & CONDITIONS

(Effective 7/1/2014)

TABLE OF CONTENTS

Page 

1. Definitions............................................. 1

2. The Services............................................. 1

3. Standard eCorp Services............................................. 1

4. Funds Transfers Using eCorp............................................. 2

5. Canceling or Amending Funds Transfers............................................. 2

6. Other Agreements............................................. 2

7. Systems; No Warranty.............................................3

8. Security Measures ............................................. 3

9. Authorized Persons; Access Codes............................................. 3

10. Service Exhibits.............................................4

11. Overdrafts............................................. 4

12. Fees............................................. 4

13. Limitation of Liability............................................. 4

14. Force Majeure ............................................. 5

15. Indemnification .............................................5

16. Electronic Mail.............................................5

17. Termination.............................................5

18. Third Parties.............................................6

19. Amendments.............................................6

20. Notices.............................................6

21. Limitations on Action; Cooperation.............................................6

22. Governing Law; Venue.............................................6

23. Assignment.............................................7

24. Audits, Investigations, and Due Diligence.............................................7

25. Miscellaneous.............................................7

Service Exhibits 

ACH Origination............................................................................... Exhibit A 

Wire Transfer ................................................................................. Exhbit B 

eCourier.........................................................................................Exhibit C 

Positive Pay.................................................................................... Exhibit D 

ACH Filter ..................................................................................... Exhibit E 

Bill Pay...........................................................................................Exhibit F 

BUSINESS BANKING SERVICES AGREEMENT TERMS & CONDITIONS

These Business Banking Services Agreement Terms & Conditions (“Agreement”) are made by and between the State Bank of Cross Plains (the “Bank,” “we,” or “us”) and the customer (“Customer” or “you”) enrolling for the Services (as defined below). 

1. Definitions. Capitalized words defined in any section of this Agreement shall have the meanings ascribed to them herein. In addition, the following definitions shall apply:

a. “Account” refers to any accounts accessible through the Services.

b. “Authorized Person” refers to any user designated by you, who shall have authority to make transactions in accordance with this Agreement, even though that person’s authority to transfer or withdraw funds from your Accounts by some other means (e.g. by check) may otherwise be restricted or prohibited. 

c. “Business Day” means Monday through Friday, excluding all federal holidays. 

d. “eCorp” refers to our commercial internet banking service.

e. “Enrollment Forms” refers to any enrollment forms or other documents that we require in order for you to enroll in eCorp, select specific Services, and designate Accounts subject to those Services. 

f. “NACHA” refers to the National Automated Clearing House Association. 

g. “Services” mean any and all business banking services that we may provide to you from time to time, including without limitation Automated Clearing House, wire transfer, internet banking, remote deposit capture, and positive pay services. 

2. The Services. Your signature on the applicable Enrollment Forms constitutes your agreement to the terms of this Agreement. This Agreement sets forth the terms and conditions which shall apply to all Services, which you may access exclusively through eCorp, unless we agree otherwise. All references to the Agreement shall include any applicable schedules, exhibits, addenda, or Enrollment Forms. Certain specific Services must be selected by you using the Enrollment Forms, as discussed in Section 10. From time to time thereafter, you may request additional Services, each of which will be made available in our sole discretion. 

3. Standard eCorp Services. In addition to any additional Services that you may select using the Enrollment Forms, by enrolling for eCorp you can: 

  • view Account information;
  • transfer funds among your deposit Accounts;
  • transfer funds from your line of credit to your checking Account with us;
  • make payments out of deposit Accounts to your loan Accounts with us;
  • initiate stop payment orders; and
  • transfer funds to accounts at other financial institutions. 

Additional eCorp functions may be made available to you from time to time, subject to the terms and conditions of this Agreement. Subject to available funds, you may transfer funds using eCorp in any amount; provided, however, that we may otherwise limit the amount of transfers available to you from time to time in our reasonable discretion. There may be other limits on the number of transfers you can make using eCorp. 

4. Funds Transfers Using eCorp. You may transfer funds among any checking, Money Market, or eligible loan Accounts maintained by you with us, or you may transfer funds from any such Accounts to external accounts owned by you. 

Under federal regulations, you may make no more than six (6) preauthorized electronic fund transfers and telephone transfers, including eCorp transactions, checks and point-of-sale transactions per month from your savings or money market deposit Account. Each fund transfer through eCorp from your savings or money market deposit Account is counted as one of the six (6) 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).

We can process a fund transfer on the same Business Day as your instructions, if we receive your instructions before our eCorp cut-off hour of 6:00 p.m. CT on a Business Day. If we receive your instruction after such cut-off time, we will process the transaction on our next Business Day. If you schedule a fund transfer for a future date, we may process the transaction after the close of business on that date, if that day is a Business Day. If you schedule a recurring funds transfer and the payment date does not exist in a month, the payment date will be the last Business Day of that month. If the payment date is not a Business Day, we will process the transaction on our next Business Day.

5. Canceling or Amending Funds Transfers. You may cancel or amend a funds transfer by contacting us at (608) 798-2400, and we will use reasonable efforts to effect your instructions. Any instruction to cancel or change a transfer must be received by us prior to the cut-off time (as described in Section 4) on the day the transaction is to be processed by us so that we have a reasonable amount of time to take action on your request. Except for preauthorized transfers, described below, if we don’t receive your complete and accurate instruction canceling or changing a funds transfer or payment prior to the time described above, we may process the transaction.

If you tell us in advance to make a regular transfer at a regular time out of your Account without further action by you (i.e. a preauthorized transfer), you can stop these payments either by calling us at (608) 798-2400, or writing us at 1205 Main St, Cross Plains,WI 53528,ore-mailing us at generalmail@crossplainsbank.com in time for us to receive your request three (3) Business Days or more before the transfer is scheduled to be made. If you call (or e-mail), we may also require you to put your request in writing in a form approved by us and get the form to us within fourteen (14) days after you call (or e-mail). We will require that you tell us, among other things, the exact amount of the debit, the next date the debit is to be made and the exact name of the transferee. 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 transferee.

If we fail to cancel or stop any funds transfer, we have all of the rights given to us under our Terms and Conditions of Your Account for failing to comply with a valid stop payment request as though the transfer request is a check. 

6. Other Agreements. You and we may have entered into separate agreements relating to certain commercial banking services to be made available to you by us, including, for example, the Terms and Conditions of Your Account. In the event of a conflict between the terms of other agreements between you and us and this Agreement, the terms of this Agreement shall govern and prevail. For the avoidance of doubt, the provisions of any other account or loan agreement with us requiring two signatures on any check, draw request or other instruction shall not apply to any eCorp transactions. By initiating any eCorp transaction you specifically waive any requirement for signatures or authorization from two or more Authorized Persons and release us from liability for acting in accordance with the eCorp transaction. 

7. Systems; No Warranty. You are responsible for selecting all systems, hardware and your Internet service provider and for any defect, malfunction or interruption in service or security due to hardware failure, your choice of Internet service provider and systems and computer services. We have no responsibility or liability for same. You are solely responsible for the performance and protection of any browser used in connection with eCorp including the prompt adoption by you of all security patches and other security measures issued or recommended from time to time by the suppliers of such browsers. 

You may be required to use a digital security device (e.g. a Token), which will be supplied by us. You must notify us immediately if a security device is damaged, lost or stolen, or if you need replacement or additional security devices.

THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” WE DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, WE DISCLAIM ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU WITH RESPECT TO THE SERVICES. 

8. Security Measures. You shall comply with the procedures set forth in the Security Schedule. By using the Services offered, you acknowledge that you have received and read the Security Schedule and that the procedures are commercially reasonable. You understand that the procedures are for verification of authenticity of any transaction or access requests and are not intended to detect errors in the transmission or content of any entries. No security procedure for the detection of any such errors has been agreed upon between us and you. To authenticate your identity when accessing any Services, you may be required to implement various authentication processes that may include login IDs, enhanced logins, passwords, security devices or other measures that may be developed as technology continues to evolve and as they become available. 

9. Authorized Persons; Access Codes. You must provide us in our enrollment forms with the identity of all Authorized Persons and any limitations on such persons’ access to eCorp and other Services. No Authorized Person will be given authority to add other Authorized Persons or edit any such limitations or access privileges. In accordance with your instructions, we will assign and revoke access privileges for Authorized Persons and provide new and subsequent company IDs, user IDs and passwords, and other security devices to those Authorized Persons. You will identify for us a main contact with respect to the Services who is responsible for managing all other aspects of your use of the Services, including but not limited to managing security, verifying the initial Services set-up, training Authorized Persons, notifying us of changes in contact and other relevant information, and requesting any desired changes to the Services.

We are entitled to presume that all communications using appropriate access codes are authorized by you and to act upon the communications accordingly. We are also entitled to rely on any notice or communication believed by us in good faith to be genuine and to have been provided by an individual designated by you as your Authorized Person and any such communication shall be deemed to have been signed by such person.

Any Authorized Person may, subject to the terms of this Agreement and unless otherwise limited by you: (i) access each Account through eCorp; and (ii) use any Service in any manner and for any purpose available through eCorp, whether now available or available in the future. 

10. Service Exhibits. The terms and conditions appearing in the Exhibits to this Agreement apply to specific Services for which you may enroll, including ACH Origination, ACH filter, wire transfer, positive pay, eCourier, and bill payment; provided, however, that the terms contained in the Exhibits will apply if you use any Service that would be covered by an Exhibit, even if you have not enrolled in the Service using an Enrollment Form specific to that Service. Unless otherwise provided, the terms contained in the Exhibits are in addition to the other terms and conditions contained in this Agreement. We may accept your enrollment for these Services in our sole discretion. In the event any terms contained in the Exhibits conflict with the terms otherwise provided in this Agreement, the terms of the Exhibits shall govern.

11. Overdrafts. You authorize us to follow your instructions regarding the withdrawal of funds from your designated Account with us. We deduct the amount of your withdrawal or transfer from your designated 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. 

12. Fees. You agree to pay fees and transaction charges to us in accordance with our fee schedule for Services under this Agreement. We may change our fee schedule from time to time by giving you prior notice, and your continued use of any Services after we provide such notice shall constitute your consent. You will pay any applicable sales, use or similar tax. 

13. Limitation of Liability. OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO US FOR SERVICES PROVIDED UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS PRECEDING THE ACT OR OMISSION GIVING RISE TO SUCH LIABILITY. Notwithstanding the limitation of liability, in no event shall we be liable for any losses or damages resulting from: (a) services and/or data provided by you or at your direction; (b) a virus, the prevention of which was beyond our reasonable control; (c) a third party gaining access to your Accounts, including, without limitation, access to your data, through no fault or negligence of us; (d) the loss, destruction or damage of any information furnished by you, due to an act or omission, or while in the possession of any third party; (e) the loss, alteration or unintentional disclosure of information on, or transmitted through our internet banking platform which is the result of a system malfunction; (f) the performance of any of your hardware or software; (g) your actions or failure to act and resulting loss of confidentiality of security codes; (h) any act, error or omission in connection with our acts or omissions hereunder, except for our gross negligence or willful misconduct; (i) insufficient or unavailable funds in any of your Accounts; (j) your failure to follow our procedures or to provide us with sufficient and accurate information in a timely manner to perform a Service; (k) items submitted to us without reasonable time for us to act before a cut-off time; and (l) matters for which we are otherwise released of liability in this Agreement and other agreements between you and us. In addition, we shall not be liable for and shall be excused from failing to provide the Services if such action or omission would result, in our reasonable judgment, in a violation of any rule, law, regulation, executive order or any requirements of any governmental authority, or cause us to engage in an unsafe or unsound practice. 

In the performance of the Services, we shall be entitled to rely solely on the information, representations and warranties provided by you pursuant to this Agreement, and shall not be responsible for the accuracy or completeness of such information. In the event any of the Services become unavailable, you are responsible for carrying out your banking business through alternative channels. 

WE WILL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS OPERATION LOSS, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGES, AND YOU HEREBY WAIVE ALL SUCH DAMAGES. YOU HEREBY AGREE THAT THE REMEDIES PROVIDED IN THIS AGREEMENT WILL BE YOUR SOLE AND EXCLUSIVE REMEDIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

14. Force Majeure. We shall be excused from failure to perform hereunder to the extent that such failure is directly or indirectly caused by an occurrence commonly known as force majeure, including, without limitation, acts of God, acts or orders of a government agency or instrumentality thereof, power outages, natural disasters, acts of public enemy, terrorism, riots, embargoes, strikes or other concerted acts of workmen (whether of the providing party or other persons), casualties or accidents, deliveries of materials, transportation or shortage of cars, trucks, fuel power, labor or materials, or any other causes, circumstances or contingencies within or without the United States of America, which are beyond our reasonable control. 

15. Indemnification. In addition to your other agreements to indemnify us, you agree to indemnify and hold harmless us, our affiliates, directors, officers, employees and agents against any and all claims, demands, loss, liability or expense, including attorneys’ fees and costs, resulting directly or indirectly from claims or actions by third parties arising out of (i) the breach or alleged breach by you of your obligations, agreements or warranties under this Agreement; (ii) any act or failure to act by any third party; (iii) any of your acts, errors or omissions; and/or (iv) your use of the Services. This indemnification expressly survives termination of this Agreement and is provided without regard to whether our claim for indemnification is due to the use of the Services by an Authorized Person or an unauthorized person purporting to be an Authorized Person. 

16. Electronic Mail. You understand and acknowledge that communications transmitted via email may not be secure. Accordingly, you should not provide any confidential information in email communications, including, without limitation, any codes or any initiation of transactions on your Accounts. If you are going to send confidential information via email, please use the secure email service that is available on our website to send us an encrypted email. For immediate communication with us, please call (608) 798-2400. 

17. Termination. We may terminate this Agreement, including any Service, (a) at any time with or without notice if you breach any of your obligations, (b) at any time with or without notice if we suspect your use of the Services may violate applicable law, or (c) by written notice to you in the event you have not breached your obligations. You may terminate this Agreement at any time by giving written notice to us, and such termination shall be effective immediately upon our receipt. Any termination of the Agreement shall not affect any of our rights or your obligations with respect to any actions initiated by you prior to the effective time of such termination. 

18. Third Parties. You understand that support and services relating to the Services may be provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service. You release us from any liability for failures, acts or omissions of any third party system operator including, but no limited to, unauthorized access to theft or destruction of your information or instructions. 

19. Amendments. We may amend this Agreement at any time by providing you with notice. Amendments will be effective upon the date indicated in the notice. Your continued use of the Services after we have provided notice of any amendments shall constitute your acceptance of the amendments. See Section 20 for additional terms and conditions related to amendments. 

20. Notices. Written notices to you will be deemed given when delivered personally, one (1) Business Day after delivery to an express courier, or three (3) Business Days after the date of deposit with the U.S. Postal Service. Written notices to us will be deemed given upon our actual receipt of such notice. Notices, requests and other communications sent by us to you shall be sent to the address in our records at that time, and notices, requests or other communications sent by you to us shall be sent to: 

State Bank of Cross Plains

1205 Main Street

Cross Plains, Wisconsin 53528 

Any party may from time to time designate in writing any other address to which such notices, requests and other communications shall be sent. We may also provide you with notices of change in the Services through email, facsimile, eCorp or otherwise posting such changes on our website. Once we make you aware that an alert has been provided, you agree to accept responsibility for reviewing the content of any such alert. Your continued use of the affected Service after we have informed you that an alert exists is evidence of your acceptance of and agreement regarding any information or changes contained in the alert. If you choose to ignore any message and/or fail to review any alert, but continue to use the affected Service, you will be deemed to have waived your right to such notice and to have accepted any change of terms or other amendments which may be explained in the alert.

21. Limitations on Action; Cooperation. Unless shorter periods apply, you must submit any claim under this Agreement to us, in writing, within fourteen (14) days after the occurrence of the event giving rise to the claim. All claims not so submitted shall be void. You and we will cooperate with each other in any loss recovery effort related to the performance of a Service and will assist each other in the defense or prosecution of any claim, action or proceeding brought by or against a third party related to a Service. You must notify us immediately of any claim against you or us made by a third party that any act or omission by us with regard to any Service has caused such third party to sustain damage. 

22. Governing Law; Venue. This Agreement is subject to applicable federal law and the laws of the State of Wisconsin, and, as applicable, the bylaws and rules of any clearinghouse association of which we are a member, except as modified by this Agreement. You consent to venue in the exclusive jurisdiction of the courts of Dane County, Wisconsin and the Federal District Court for the Western District of Wisconsin. You waive any and all rights you may have to a trial by jury with respect to any litigation based on, arising out of, under or in connection with, this Agreement or any course of conduct, course of dealing or actions by us, regardless of the nature of the claim or form of action, contract or tort, including negligence. 

23. Assignment. We may assign our interest under this Agreement with or without notice to you. You may not assign your interest or rights under this Agreement without our prior written consent, and any such purported assignment without our consent shall be void. This Agreement shall be binding upon and effective for the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns. This Agreement is not for the benefit of any other person or entity, and no other person or entity shall have any rights against us or you here under. 

24. Audits, Investigations, and Due Diligence. You agree to submit to reasonable background checks and provide any other information to us that is necessary for us to comply with applicable laws and regulations and our internal policies and procedures. We may, in our reasonable discretion, upon providing reasonable advance notice to you, conduct an off-site or on-site review of your operations to ensure compliance with the provisions of this Agreement. Such review may include but is not limited to a review of the physical area in which you conduct activities related to the Services, your security procedures, your storage and destruction of information related to the Services, and your business activities. Without limiting the foregoing, you agree to provide us with all information that we reasonably need to comply with the Bank Secrecy Act and any other applicable law or regulation. You will provide any assistance necessary to us in any reasonable investigation we undertake in connection with unusual transaction items or volume, documentation, or any other matter. 

You will supply us with due diligence information when requested. This information may include, but is not limited to, financial data, names and other information concerning your principals, information about the business in which you participate, information regarding your creditworthiness, projected return rates, and payment history. Where we reasonably believe that your financial condition is impaired or deteriorating, we may refuse to process any entries or payment instructions. You also authorize any credit reporting agency to provide information to us that we request. 

25. Miscellaneous. If any part of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in effect. Headings are for convenience purposes only and shall not be considered part of the Agreement. A waiver of any term or provision herein shall not be construed as a waiver of such term or provision at any other time, or of any other term or provision. In the event of a dispute regarding the Services, you and we agree to resolve the dispute by looking to the terms and conditions contained in this Agreement or other related agreements (as applicable) and not to representations made by our employees or agents. This Agreement supersedes all previous agreements and understandings, whether written or oral, among 

you and us with respect to the Services. 

EXHIBIT A

ACH Origination

i. Rules. Upon our receipt and approval of any application and enrollment forms that we require, you may conduct ACH Origination transfers through eCorp. You acknowledge receipt of a copy of the NACHA Operating Rules. You agree to comply with and be bound by the NACHA Operating Rules and acknowledge that entries may not be initiated that violate the laws of the United States. We agree to inform you of revisions to the NACHA Operating Rules of which we have knowledge. Terms not otherwise defined in this Exhibit A shall have the meanings ascribed to them in the NACHA Operating Rules. 

ii. Transmission of Entries. You are authorized to transmit debit and credit entries to us which may include SEC codes that we specifically communicate to you from time to time. You will transmit these entries to us through eCorp on or before 3 p.m. CT at least two (2) Business Days prior to the effective date of the file. All entries must be in standard NACHA format. You authorize us to transmit all entries received by us from you in accordance with the terms of the Agreement and to credit or debit such entries to the specified Accounts. 

iii. Our Obligations. In a timely manner and in accordance with the NACHA Operating Rules, we will process, transmit, and settle for entries received from you which comply with the terms of the Agreement. 

iv. Warranties. In addition to any additional warranties that you make in the Agreement, you warrant to us all warranties that we are deemed by the NACHA Operating Rules to make with respect to entries originated by you. Without limiting the foregoing, you warrant and agree that: 

A. each entry is accurate, is timely, has been authorized in writing by the party whose account will be credited or debited, the authorization will be maintained by you for two (2) years after revocation of the entry(s), authorization will be provided to us by you upon our request, and the Entry otherwise complies with the NACHA Operating Rules; 

B. each debit entry is for a sum which, on the settlement date with respect to it will be owing to you from the party whose account will be debited, is for a sum specified by such party to be paid to you, or is a correction of a previously transmitted erroneous credit entry; 

C. you have complied with all prenotification requirements contained in the NACHA Operating Rules, if you choose to use prenotes; and 

D. you will comply with the terms of the Electronic Funds Transfer Act, if applicable, or Uniform Commercial Code Article 4A if applicable. 

v. Security Framework. In addition to your obligations set forth in the Security Schedule, you expressly agree to establish, implement and update, as necessary, security policies, procedures, and systems related to the initiation, processing and storage of ACH Origination entries. 

vi. Provisional Credit. You acknowledge that the NACHA Operating Rules make provisional any credit given for an entry until the financial institution crediting the account specified in the entry receives final settlement. If the financial institution does not receive final settlement, it is entitled to a refund from the credited party and the originator of the entry shall not be deemed to have paid the party. 

vii. Settlement. You will maintain an Account with us at all times while enrolled in ACH Origination Services. We may hold funds in your Account for entries that you schedule to be effective in the future. You will maintain in the Account as of the file receipt date immediately available funds sufficient to cover all credit entries initiated by you. You authorize us to debit your Account on the applicable settlement date in the amount of each entry. The total dollar amount of entries transmitted by you to us on any one day shall not exceed the maximum exposure limit as established by us from time to time. At least annually, we will perform a financial review of you. 

viii. Cancellation or Amendment. You shall have no right to cancel or amend any entry/file after its receipt by us. However, we will use reasonable efforts to act on a request by you to cancel an entry/file before transmitting it to the Automated Clearing House (“the ACH”) or crediting an on-us entry. We shall have no liability if we fail to effect the cancellation. 

ix. Rejection of Entries. We shall reject any entry, including an on-us entry, which does not comply with the requirements of the Agreement and may reject any entry if you are not otherwise in compliance with the terms of the Agreement. We shall notify you by written correspondence of such rejection no later than the Business Day such entry would otherwise have been transmitted by us to the ACH or, in the case of an on-us entry, its effective entry date. 

In the event company requests us to reject a file already transmitted but not yet processed, a letter should be faxed to us at 608-798-3316, signed by an authorized representative of the company to give us authorization to reject/cancel the file. This letter should include effective date, dollar amount of file, and number of items along with a reason for cancelling the file. 

x. Notice of Returned Entries. We shall notify you by written correspondence of the receipt of a returned entry from the ACH no later than one (1) Business Day after the Business Day of such receipt. We shall have no obligation to re-transmit a returned entry if we complied with the terms of the Agreement with respect to the original entry. 

xi. Reversals. You may initiate a reversing entry or file of entries for erroneous or duplicate transactions, as permitted by the Rules. 

xii. Inconsistency of Name and Account Number. You acknowledge that, if an entry describes the receiver inconsistently by name and account number, payment of the entry may be made on the basis of the account number even if it identifies a person different from the named receiver. 

xiii. Action upon Termination. In the event the ACH Origination Service is terminated, you: (a) must maintain for a period of 180 days in your Account or any reserve account enough funds to cover all items for which provisional credit was given by us, and all fees and other amounts for which you are liable; and (b) authorize us to charge such accounts, or any other Account for such amounts. All of your obligations regarding items will survive termination, and you will remain liable to us for all liabilities occurring beyond such 180 day period. If the amount in your Account and any reserve account is not adequate, you will pay upon demand any amount owing to us together with all costs and expenses occurred to collect such amount. 

EXHIBIT B

Wire Transfer

i. Authorizations. Upon our receipt and approval of any enrollment forms that we require, you are authorized to order transfers of funds by wire or other electronic transmission from any Account for credit or payment to another Account or to other persons designated by you (each a “Payment Order”). We may deduct applicable fees and the amount of the Payment Order from any Account. 

ii. Submission of Payment Orders. Payment Orders may be transmitted to us by any means that we approve, including oral, written, or electronic communication. We may transfer funds by using any commercially reasonable funds transfer system, and the transfer may be made in whole or in part through the automated payments network operated by the Federal Reserve System called Fedwire. We are authorized to record electronically all oral Payment Orders and confirmations. Payment of a Payment Order may be made to a person or account on the basis of an identifying number provided by you in the Payment Order even if it identifies a person different from the person named in the Payment Order. If the Payment Order identifies a bank to which the Payment Order is to be issued by an identifying number, we may rely on the number as the proper identification of the other bank even if it identifies a bank different from a bank identified by name in the Payment Order. Payment Orders may be transmitted to us during Business Days when we are open for the receipt, processing and transmittal of Payment Orders and cancellations and amendments of Payment Orders. You agree to not issue a Payment Order that instructs us to execute the Payment Order on a Business Day that is later than the Business Day on which the Payment Order is received by us, and we may execute any Payment Order on the Business Day of its receipt even though it specifies a later execution date, unless we agree to follow such instructions. 

iii. Rejection; Lack of Funds. We may decline to execute a Payment Order for any reason, including but not limited to our belief that the Payment Order: (a) was not initiated in accordance with our procedures for such Payment Orders; (b) would result in a charge against funds that are deemed by us not to be collected or sufficient funds; (c) inaccurately describes the beneficiary or the beneficiary's bank; (d) is ambiguous; (e) is conditional; (f) has been cancelled or amended; or (g) cannot be executed because of equipment failure. Our rejection of a Payment Order is effective when given if the notice of rejection is given by the same means the Payment Order was transmitted to us or by any other means that is reasonable under the circumstances. If an overdraft in the Account occurs, you agree to pay us on demand an amount equal to the overdraft together with the our normal charges for overdrafts and costs of collection, including reasonable attorneys’ fees. If more than one Payment Order is made at or about the same time, and available funds on deposit in the Account do not cover all of the Payment Orders, we may, at our option, execute as many Payment Orders as possible within the dollar limits of the available funds in any order determined by us. 

iv. Amendment; Cancellation. You may amend or cancel a Payment Order if the communication cancelling or amending the Payment Order is received by us at a time on a Business Day and in a manner affording us a reasonable opportunity to act on it before execution of the Payment Order. If a security procedure was used with respect to the Payment Order, a communication is not effective to cancel or amend the Payment Order unless the security procedure is also used with respect to the cancellation or amendment, or we agree to the cancellation or amendment. The effect of cancellation of a Payment Order is to treat the Payment Order as never having been issued by you. The effect of an amendment of a Payment Order is to treat the Payment Order as originally having been issued in the amended form. If we accept the cancellation or amendment, you hold us harmless from and indemnify us against any and all losses and expenses, including reasonable attorneys’ fees, incurred or suffered by us as a result of the cancellation or amendment or attempted cancellation or amendment. 

v. Cut-Offs. You must transmit Payment Orders, amendments, or cancellations to us on or before 2 p.m. CT; however, we must receive your Payment Order, amendment, or cancellation prior to such cut-off time so that we have a reasonable amount of time to act on such Payment Order. Any Payment Order or communication cancelling or amending a Payment Order received after the cut-off time, may be treated as received at the opening of the next Business Day. 

vi. Your Duties. You agree to notify us of any unauthorized Payment Order or amended Payment Order, any payment to a beneficiary not intended by you, any payment in an amount greater than the amount intended by you and any Payment Order duplicative of a Payment Order previously sent by you, along with the relevant facts relating to the error, within twenty (20) days after you receive notice from us that the Payment Order was accepted by us or that an Account was debited with respect to the Payment Order. You shall be liable to us for any loss we incur as a result of your failure to discover the error and notify us. This duty on your part to discover errors and notify us shall also apply to amendments to Payment Orders. 

vii. Additional Governing Law. In addition to the governing law provision in Section 22 of the Agreement, the Wire Transfer Service shall be governed by Subpart B of Regulation J promulgated by the Federal Reserve Board if all or any part of the funds transfer is made through Fedwire. 

EXHIBIT C

eCourier

i. Acceptance, Effective Date and Start of Services. Upon our receipt and approval of any application and enrollment forms that we require, you will be able to utilize the eCourier service to make deposits. You are required to establish a checking Account, hereinafter referred to as a “Settlement Account,” with us for settlement of eCourier transactions. 

ii. Receipt, Scanning and Transmission of Items. You shall undertake prudent measures designed to verify the identity of individuals issuing items to you. Such items shall then be scanned and transmitted. Scanning shall capture the image of the front and back of each item (“image”). Files of item images (individually or collectively a “File”) that are transmitted to us on any given day shall not exceed the dollar limit established for you by us. Files that are received after our established deadline time may be deemed to have been received on the Business Day following the Business Day on which the Files are actually received by us. 

iii. Prohibited Deposits. You agree not to transmit for deposit any of the following items, any of which can be deposited at any of our physical locations: (i) checks that are drawn on financial institutions outside of the United States or territories of the United States; (ii) checks that are torn or damaged or fail the image quality check in the eCourier program; (iii) cash or any non-negotiable instrument. In addition, you will not under any circumstance deposit an item that you suspect or should know to be fraudulent or not authorized by the legal owner of the account on which the check is drawn. 

iv. Receipt and Deposit of Files. Upon receipt of a transmitted File, we may review the File. Images in a File must be of such quality that the information on the item can clearly be read by sight review. If we note an error in a File, we may either reject the entire File or correct the error. Following review, if we determine that a File (i) is of appropriate Image quality, (ii) is balanced and appears to contain no errors, and (iii) has been created in compliance with our procedures, we shall accept such File (“Accepted File") for deposit to the Settlement Account. File acceptance shall be indicated by the posting of the File contents to the Settlement Account. You, and not us, shall remain liable for any File or item that (i) is not actually received by us, or (ii) is intercepted or altered by an unauthorized third party. We shall have no obligation to accept a File and may reject any File without liability to you. We shall solely determine the manner in which items will be presented for payment to the drawee bank and shall solely select the clearing agents used to collect and present the items. 

v. Returned Items. If Images of items previously deposited by you are dishonored and returned unpaid by the drawee bank, you understand and agree that the Bank may charge back an Image of the item to the Settlement Account. Dishonored items are your sole responsibility. You may request that we process returned items according to your written instructions (“Special Instructions”). Changes to Special Instructions shall not become effective until acknowledged and accepted by us. Notwithstanding the foregoing, we have no obligation to re-present any returned item and may choose to disregard the Special Instructions at any time and charge a returned item fee back to the Settlement Account. Following initial presentment or any re-presentment of an item under the Agreement, if such item remains unpaid, you shall be notified and we shall have no further liability to you for such re-presented item. 

vi. Availability of Funds and Holds. We shall grant provisional credit to the Settlement Account for the total amount of an Accepted File in accordance with prudent business timeframes. You authorize us to place a hold on funds in the Settlement Account if, after performing risk management activities on items in a File, we have concerns about or doubt the validity or collectability of an item. 

vii. Retention, Security and Destruction of Original Items. Appropriate security measures shall be taken by Company to ensure that an original item (i) can only be accessed by authorized personnel, (ii) will not be duplicated, (iii) will be scanned only one time, (iv) will not be otherwise deposited or negotiated in any form with another bank, credit union or other entity if it has been scanned and accepted for processing, and (v) is secured so that the information contained on the original Item is not improperly disclosed. Original items must be securely stored for a period of at least sixty (60) days after posting to the Settlement Account. Thereafter, retention and destruction of original items and copies shall be determined by you in compliance with applicable laws, but under no circumstances shall destruction of the items occur prior to our verification and acceptance of the File. 

viii. Truncation, Substitute Checks, and Other Check Images. If you truncate an original check and create a substitute check, or other paper or electronic image of the original check, you warrant that no one will be asked to make payment on the original check, a substitute check or any other electronic or paper image, if the payment obligation relating to the original check has already been paid. You also warrant that any substitute check you create conforms with applicable legal requirements and generally accepted specifications for substitute checks. You agree to retain the original checks as stated in Section vii. You agree to indemnify us for any loss we may incur as a result of any truncated check transaction you initiate. We can refuse to accept substitute checks that have not previously been warranted by a bank or other financial institution in conformance with the Check 21 Act. Unless specifically stated in a separate agreement between you and us, we do not have to accept any other electronic or paper image of an original check. 

ix. Cut-Off. The deposit deadline will be 6:00pm CT each Business Day. Deposits received after this deadline or on a day that is not a Business Day will be deemed deposited on the following Business Day. 

x. Confirmation and Transaction Verification. Every deposit submitted will display a screen showing a reference number. It will be your responsibility to print this screen as a record. The confirmation is stored online for forty-five (45) days. It is your responsibility to reconcile your Account monthly to ensure proper posting of transactions. 

xi. Warranties. You represent and warrant the following to us: (a) you shall only deposit items that are properly authorized; (b) you will not create duplicate Images of items, transmit a duplicate Image or File, or deposit or otherwise negotiate the original item from which an Image was created; (c) no subsequent transferee, including but not limited to us, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original item from which an Image was created or duplication made (whether paper or electronic); (d) no subsequent transferees of an item, including but not limited to us, a collecting or returning bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that an image of an item was presented for payment or returned instead of the original item; (e) you are not engaged or affiliated with any businesses, products or methods of selling other than those set forth on the enrollment forms, except as any such change has been noticed to us; (f) there is no action, suit or proceeding pending or to your knowledge threatened which if decided adversely would impair your ability to carry on your business substantially as now conducted or which would adversely affect your financial condition or operations; (g) Files and items submitted to us do not contain computer viruses or other harmful, intrusive, or invasive codes; and (h) you will only deposit checks into the Settlement Account when checks are properly payable to the Settlement Account. 

xii. Action upon Termination. In the event the eCourier Service is terminated, you: (a) must maintain for a period of 180 days in the Settlement Account or any reserve account enough funds to cover all items for which provisional credit was given by us, and all fees and other amounts for which you are liable; and (b) authorize us to charge such accounts, or any other Account for such amounts. All of your obligations regarding items and Files will survive termination, and you will remain liable to us for all liabilities occurring beyond such 180 day period. If the amount in the Settlement Account and any reserve account is not adequate, you will pay upon demand any amount owing to us together with all costs and expenses occurred to collect such amount. 

xiii. Miscellaneous. 

A. We will store and retain imaged documents accepted from you according to our established methods and pursuant to the available storage options. 

B. Any item or File activity that falls beyond any risk parameters established by us will constitute a breach. In such event, you authorize additional actions as we deem necessary including, but not limited to, suspension of any eCourier Services provided under the Agreement or creation or maintenance of a reserve account. 

C. You understand that if your computer system and internet connectivity does not comply with our minimum recommendations, eCourier Services might not perform in an optimal manner. 

D. We will make one or more scanners available to you, and may charge a fee for their purchase and/or use. You may use a scanner not provided by us with our prior approval. 

E. Within sixty (60) days after the end of each fiscal year, you may be required to furnish to us a financial statement of profit and loss and a balance sheet as of the end of the fiscal year. 

F. If a third party provides services, special equipment or software to assist you in processing items, Files and other business transactions, including authorizations and settlements, or accounting functions hereunder, you agree (i) that the third party is acting as your agent in the delivery of items and Files to us and (ii) that you assume full responsibility and liability for any failure of the third party to comply with the Agreement. 

EXHIBIT D

Positive Pay

i. Acceptance, Effective Date and Start of Services. Upon our receipt and approval of any application and enrollment forms that we require, you will be able to utilize the Positive Pay service to monitor account activities. 

ii. Service. We will provide Positive Pay service to you. Positive Pay will compare your check issued information to paid checks posting to your account and alert you via email when exceptions are ready for review. You can make positive pay exception decisions online through eCorp. You are able to maintain complete control over each exception and can view exception images to verify data. In order to participate in Positive Pay, you must use eCorp and have at least one Account. 

iii. Issued Check Files. You can either upload or manually input issued check information using ECorp’s Positive Pay system. If your software can create a file of checks issues, we can customize our software to read the file to identify the following information from your file: check number, date issued, and dollar amount. “Payable to” information can be provided, but will not appear as an exception. You are not required to have any specific type of accounting software to utilize this service as you can also manually input check issued information if needed. The Positive Pay file s houl d be uploaded or manually input t o our system before disbursing checks to ensure checks will be accepted and paid by the bank. Positive Pay files can be uploaded or manually input into our system on a monthly, weekly, daily, and/or hourly basis. 

iv. Exceptions. Positive Pay verifies your Positive Pay I ssu e d file against checks being presented to us for payment. Any item presented to us for payment where the check number and/or dollar amount does not match the Positive Pay Issued file will be an exception. The following sets forth the description of an exception: 

A. Items presented t o us for payment not matching your issue file will be exceptions. Y ou will have an automated option within eCorp to either pay or not pay your exceptions as they arise. It is your responsibility to review and act upon Positive Pay exceptions daily between the hours of 9 :00 a.m. CT and 1:00 p.m. CT. Item exceptions not acted upon by you prior to the 1:00 p.m. CT cut-off time will be automatically processed in accordance with the default option of “return all”. You may change to the default option of “pay all” by notifying us of this choice in writing. 

B. Items presented to us for immediate payment (e.g. cashing a check at the bank) not matching your issue file will a l s o be an exception. From time to time a Bank representative may contact you by phone for instruction on a Positive Pay exception. In the event that we cannot get a hold of an Authorized Person for instruction on a Positive Pay exception, we will return or refuse to pay the item.

EXHIBIT E

ACH Filter

i. Effective Date. We will begin performing the ACH Filter Service with regard to ACH transactions beginning with your first statement cycle following our acceptance of your enrollment in the ACH Filter Service. We will continue providing you with the ACH Filter Service until this Exhibit is terminated in accordance with the terms of the Agreement. 

ii. Description of Services; In order to participate in ACH Filter, you must use eCorp and have at least one Account. You shall establish and maintain a list of Company(s) that are allowed to perform ACH debit transactions (“Debits”) from your Account(s). You will access and update this list of authorized companies online through the ACH Filter service within eCorp. If a Debit is presented to us for payment against your designated Account which does not for any reason meet the established criteria, such Debit shall be deemed an exception. 

iii. Exceptions. ACH Filter verifies your Company list against ACH debit transactions being presented to us for payment. Any item presented to us for payment that does not match the ACH Filter list will be an exception. We shall provide notification to you of any exception items by approximately 9:00 a.m. CT each Business Day. You will have an option within eCorp ACH Filter Service Pay to either pay or not pay your exceptions as they arise. It is your responsibility to review and act upon ACH Filter exceptions between the hours of 9:00 a.m. CT and 1:00p.m. CT. Exception items not acted upon by you prior to the 1:00p.m. CT will automatically process in accordance with the default option of “return all". Notwithstanding any other provision in this Exhibit, we retain the right to reject any Debit for any valid reason such as, but not limited to, insufficient funds or revoked authorization. 

iv. Representations and Warranties. You represent and warrant that all information you provide to us, including, without limitation, your descriptions of Debits authorized to be paid, is accurate. Any inaccurate information may lead to a failure by us to identify exception Debits or the identification of authorized Debits as exceptions. We shall have no liability in such instances. 

EXHIBIT F

Bill Pay

The terms and conditions related to the Bill Pay Service can be found in the Bill Pay Service portal, which is accessible through eCorp. By using the Bill Pay Service, you agree to those terms and conditions as well as any changes that we make to the terms and conditions.

ELECTRONIC NOTICE DISCLOSURE AND AGREEMENT FOR BUSINESS MOBILE:

Before enrolling in our Business Mobile Banking Service (the “Service”), you must provide us with your consent to deliver documents relating to the Service (including records, notices, disclosures and agreements) to you electronically. Such documents contain the terms and conditions that will govern the Service, among other information. By enrolling in the Service and using the Service thereafter, you agree to the Business Mobile Banking Service Terms and Conditions (the “Terms and Conditions”), which will be made available to you at the time of your enrollment. You may also view the Terms and Conditions through our eCorp portal by following the link to the disclosures page. We will continue to deliver notices and disclosures to you electronically until the Service is terminated or you revoke your consent.

Unless otherwise required by law, we may deliver future notices and disclosures to you electronically:

  • to your email;
  • by posting the information on our Online Banking Website and sending you a notice to your postal address or email (either separately or as part of an account statement) telling you that the information has been posted and providing instructions on how to view it; or
  • to the extent permitted by law, by posting the information on our Website.

You have the right to withdraw your consent to receive information from us electronically and may exercise such right by calling us at 608-798-5265, or writing to us at State Bank of Cross Plains, 1205 Main Street, Cross Plains, Wisconsin 53528. We will continue to deliver notices and disclosures to you electronically until you revoke your consent. You can request paper copies of documents by calling 608-798-5265 or sending an email to generalmail@crossplainsbank.com. We may charge fees for this request as identified in our current Business Fee Schedule for business accounts and Account Fees & Options brochure for consumer accounts which may be amended by us from time to time.

If your email address or Mobile Device number to which we will be sending information relating to the Service should change in the future, you must call us at 608-798-5265 or notify us in writing. If you do not update your contact information in our records, you may not receive the information delivered by us.

We will not be liable to you for your failure to update your contact information in our records. To view the disclosures, agreements and required notices on your Mobile Device, you will need a Mobile Device as defined in the Business Mobile Banking Services Terms and Conditions. To access, view, print and retain the disclosures, agreements and required notices we make available to you, you will need the following:

  • An active State Bank of Cross Plains online banking account;
  • A personal computer with connections to the internet capable of receiving, accessing, displaying, and either printing or storing statements received in electronic form from State Bank of Cross Plains;
  • A current version of computer operating software and internet browser (Internet Explorer is recommended);
  • Internet browser that supports 128 bit encryptions;
  • A valid email account; and
  • Adobe Acrobat® Reader®.

We reserve the right to deliver any information relating to the Service to you by regular mail to your most recent address reflected in our records.

By clicking “I Accept”, you consent to the receipt of the above agreements, disclosures and notices electronically.

By not accepting the terms and conditions, you do not consent to the receipt of the above agreements, disclosures and notices electronically.

Business Mobile Banking Service Terms and Conditions

Thank you for using the Mobile Services ("Services") and any related Software (“Software”) provided by State Bank of Cross Plains, ("Financial Institution") combined with your handheld’s text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and billpay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.

1. Defined Terms. As used in the Terms and Conditions, the following c a p it a l i z e d terms shall have the meaning ascribed to them:

(a). "Account" means your deposit and loan accounts with us including but not limited to: checking, savings, money market, certificate of deposit, lines of credit, and certain other loan products. “ Account” does not include credit cards with our name or logo appearing on it.

(b). "Business Day" means Monday through Friday, excluding federal holidays.

(c). "Daily Balance" or "Daily Ending Balance" means the Account balance as of the end of the previous Business Day, excluding Pending Transactions.

(d). “Financial Institution” means State Bank of Cross Plains or ("we", "us", "our" or "bank")

(e). "Mobile Device" means a mobile device which is capable of accessing the Service by using an app, such as an Android®, iPhone®, Blackberry® RIM® device or any type of tablet device.

(f). "Pending Transactions" means the electronic transactions which have not been posted but which have been transmitted to us.

(g). "Processing Date" means the Business Day on which your Account is debited or credited.

2. Functions.

Using the Service with your Mobile Device, you can:

(a). View Account and transaction information.

(b). Deposit checks remotely through your mobile device. Terms and conditions specifically applicable to mobile deposit are contained in Exhibit A to these Terms and Conditions.

(c). Transfer funds among your Accounts, which include transferring funds from a line of credit to a deposit Account and making payments to a loan Account.

(d). Set up Account alerts to be sent to your Mobile Device.

(e). If you also sign up for our Online Bill Pay Service, and your Mobile Device and Mobile Device carrier support the function, you will have the ability to pay bills from your checking or money market account to parties you have identified in our Online Bill Pay Service.

NOTE: Some of the above functions may not be available for all Mobile Devices and/or Mobile Device carrier plans.

3. Other Agreements.

The Service is another means of accessing certain Accounts you have with us as well as conducting certain transactions with respect to those Accounts through the use of your Mobile Device. You agree that when you use the Service, you will remain subject to the terms and conditions of all your existing agreements with us, including but not limited to, the Terms and Conditions of your Account, the Business Banking Services Agreement and the Terms and Conditions of the Online Bill Pay Service, if applicable, and that the Terms and Conditions do not supersede any of those agreements, except as specifically provided herein. In the event of a conflict between the Terms and Conditions and the other agreements between you and us, the Terms and Conditions control concerning your use of the Service.

4. Service Availability.

(a). We will attempt to make the Service available on a continuous basis. Maintenance requirements, however, whether scheduled or emergency, may result in system unavailability from time to time. We will try to conduct scheduled maintenance during non-peak hours. Service accessibility may also be interrupted due to conditions beyond our control, including outages in internet or cellular service. If this occurs, we will attempt to re-establish the Service as quickly as possible, but in no event will we be liable to you for interruptions in the Service due to conditions beyond our control.

(b). Financial information obtained using the Service reflects the most recent Account information available through the Service and may not be accurate or current. You agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

5. Hardware and Software Requirements.

To use the Service, you will need a compatible and supported Mobile Device, which you are responsible for providing. The Mobile Device that you use may be subject to unauthorized tracking or other manipulation due to "spyware" or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your software and hardware is at your own risk. The Service may not be available through all mobile service providers or carriers, and some mobile phones and other wireless devices may not be supported by the Service. We do not guarantee the functionality, compatibility, or availability of the Service with any Mobile Device.

6. Security and Use.

(a). We reserve the right to take action at any time to protect the Service, our systems and information, including denying you access to the Service in whole or in part.

(b). We will attempt to secure the Service to prevent, among other things, access by unauthorized persons and the introduction of any malicious code, such as a computer virus. However, no security system is failsafe, and despite our efforts the security of the Service could be compromised or malicious code could be introduced by third-parties.

(c). You agree to immediately notify us of any unauthorized use of the Service or any other breach of security known to you and you shall cooperate with us in investigations and other actions taken with respect to the same.

(d). We make no representations or warranties that the Services will be available for use in locations outside of the United States and accessing the Service from locations outside of the United States is at your own risk.

(e). Anyone using your Mobile Device and your password can access your Account and have full access to the Service in the same manner as you can. If anyone uses your Mobile Device and/or password with or without your permission, you will be responsible for any transactions performed by that person with respect to your Account. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the Service. You agree to keep your Mobile Device and password safe, confidential and secure, not to record the password or otherwise disclose or make the password available to anyone other than authorized users of your Account.

7. Your Obligations.

You accept responsibility for making sure that you know how to properly use your Mobile Device, the Service and the Software and we will not be liable to you for any losses caused by your failure to properly use your Mobile Device, the Service or the Software.

8. Mobile Device Carrier.

(a). You acknowledge and agree that your use of the Service may also be subject to agreements you have with third party service providers, such as your Mobile Device carrier, and that the Terms and Conditions do not amend or supersede any of those agreements. You further acknowledge and agree that those agreements may contain requirements and limitations, including your responsibility for fees and charges, which may impact your use of the Service. You agree that you are solely responsible for all such fees, service charges, limitations and restrictions.

(b). Only your Mobile Device Carrier is responsible for its products and services. You agree to resolve any problems with your Mobile Device carrier directly with such carrier without involving us.

(c). We assume no responsibility for the operation, security, functionality or availability of any wireless device or mobile network which you utilize to access the Service.

9. Terms Applicable only to payments and transfer made for consumer accounts

9.1 Our Liability for Failure to Process Funds Transfer.

We strive to make all of your funds transfers according to your instructions. Notwithstanding the foregoing, we will incur no liability to you if we are unable to complete any transfer initiated by you through the Service because of the existence of any one or more of the following circumstances:

(a). If the funds transfer would exceed (i) the maximum permitted funds transfer amount or exceed your Ledger Balance, or (ii) the amount available for your use on your line of credit after taking into account your Daily Balance or Daily Ending Balance.

(b). If your Account has been re-titled, closed, blocked for security reasons, or subject to legal process or other encumbrances restricting the transfer.

(c). If the funds transfer processing center is not working properly, and you know or have been advised by us about the malfunction before you execute a transaction.

(d). If circumstances beyond our control (such as, but not limited to, fire, flood, system failure or interference from an outside force) prevent the proper execution of the transaction, and we have taken reasonable precautions to avoid those circumstances.

(e). If you have not properly followed the instructions for using the Service.

(f). If your Mobile Device or operating system is not properly installed or functioning properly.

(g). For errors or failures due to malfunctions attributable to your browser, your internet service provider, your Mobile Device carrier, a computer virus or other problems relating to the computer or Mobile Device you use with the Service, including, without limitation, your inability to access the Service or any part of the Service.

(h). For circumstances identified elsewhere in the Terms and Conditions or in our other agreements with you.

Provided none of the foregoing exceptions apply, if we cause an incorrect amount of funds to be removed from your Account, we will be responsible for returning the improperly transferred funds to your Account. If we cause funds from your Account to be directed to an incorrect payee, you agree to help us recover such funds.

NOTWITHSTANDING ANY OTHER PROVISION IN THE TERMS AND CONDITIONS, UNLESS OTHERWISE PROHIBITED BY LAW, THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO FAILED FUNDS TRANSFERS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICE.

9.2 . Your Liability

Tell us AT ONCE if you believe your Mobile Device and/or password has been lost, stolen or made available to a person that you have not authorized to access your Account, or if you believe that an electronic fund transfer from your Account has been made without your permission. Please contact us immediately by telephone or in writing. Telephoning is the best way of keeping your possible losses down. Contact us by phone at (608)798-2400 or write to us at State Bank of Cross Plains, 1205 Main Street, Cross Plains, Wisconsin 53528.

You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or stolen Mobile Device and/or password, you can lose no more than $50 if someone used your Mobile Device and/or password without your permission. Also, if you do NOT tell us within 2 business days after you learn of the loss or theft of your Mobile Device and/or password, and we can prove we could have stopped someone from using your Mobile Device and/or password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by access device, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the first statement on which the problem or error appeared was mailed to you, you may not get back any money you lost after the sixty (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.

9.3. Error Resolution.

In Case of Errors or Questions About Your Electronic Transfers contact us by phone at (608) 798-2400 or write us at State Bank of Cross Plains 1205 Main Street, Cross Plains, Wisconsin 53528, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.

  • Tell us your name and Account number (if any).
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days (5) Business Days if involving a Visa transaction or 20 Business Days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (90 days if the transfer involved a new account, a point-of- sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days (5 Business Days if involving a Visa transaction or 20 Business Days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us 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.

An Account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

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. You may ask for copies of the documents that we used in our investigation.

10. Provision of Phone Number.

By providing us with the cellular telephone number to your Mobile Device, you expressly consent to receiving communications at that number from us and our agents. Such communications may include, but are not limited to, text messages, prerecorded or artificial voice message calls and/or calls made by an automatic telephone dialing system. Note: If you do not want to be called for marketing purposes, ask to be added to our internal do-not-call for marketing list.

11. Fees.

If applicable to your account, you agree to pay the fees associated with the Service in accordance with our current fee schedules and disclosures as established by us from time to time. We may automatically deduct any fees from an eligible account even if they create an overdraft and we may assess appropriate overdraft fees.

Note: For fee information related to any of our services, please refer to our current Business Fee Schedule brochure for business accounts or Account Fees and Options brochure for consumer accounts.

12. Miscellaneous.

Android® is a trademark of Google Inc. iPhone® is a registered trademark of Apple Inc. All trademarks, service marks and trade names referenced in the Terms and Conditions are the property of their respective owners.

EXHIBIT A

Terms and Conditions for Mobile Deposit Service

Mobile Deposit Service.

The mobile deposit service allows you to make deposits of the electronic image of a check (an “Item”) to your checking, savings or money market accounts held with us by capturing an electronic image of the Item with the mobile device (such as a camera on your mobile device) and submitting images and associated information to us for processing.

Eligible Items.

You agree that you will not use the mobile deposit service to deposit any of the following Items:

1) Items payable to any person or entity other than you;

2) Items drawn on a financial institution located outside the United States;

3) Items containing obvious alteration to any of the fields on the front of the Item, or which you know or suspect, or should know or suspect, are fraudulent; or

4) Items prohibited by our current procedures relating to the mobile deposit service or which are otherwise not acceptable under the terms of your checking, savings or money market account.

Image Quality and Duplicate Deposit.

The image of an Item transmitted using the mobile deposit service must be legible and clear. It must not be altered. It must capture all pertinent information from both sides of the Item. Image quality must comply with industry requirements established and updated by the American National Standards Institute, Federal Reserve Board and any other regulatory agency.

Endorsement.

You agree to properly endorse all Items captured and submitted using the mobile deposit service.

Processing Time and Availability of Funds.

If we receive the image of an Item for deposit on or before 6:00 p.m. Central Time on a Business Day, we will consider that day the day of deposit. If we receive the image of an Item for deposit after 6:00 p.m. Central Time or on a weekend or on a non-Business Day, we will consider the next Business Day as the day of deposit. Funds from Items deposited through the Service will be made available to you pursuant to our Funds Availability Policy.

Disposal of Transmitted Items.

You agree to safeguard and keep the original Item for 15 Business Days after you have transmitted the Item. After 15 Business Days following the deposit using the mobile deposit service, if you have verified that the funds have been credited to your Account, you agree to mark the item as “VOID” and properly dispose of it to ensure it is not presented for deposit again.

Restrictions and Limitations.
You agree:

1) only Items that originated as paper Items and no third party or electronic checks may be deposited using the mobile deposit service;

2) after you submit an Item for deposit using the mobile deposit service you will not redeposit or otherwise transfer or negotiate the original Item;

3) not to deposit Items into your Account unless you have authority to do so;

4) the total aggregate amount of all deposits using the mobile deposit service will not exceed $30,000 each day.

5) not to deposit any single item that exceeds $20,000;

6) after you submit an Item for deposit you are solely responsible for the storage or destruction of the original Items;

7) the electronic image of the Item will become the legal representation of the Item for all purposes; and

8) any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn.

Minimum Hardware and Software Requirements.

In order to use the mobile deposit service, you must obtain and maintain, at your expense, compatible hardware and software as specified by us, including an Internet enabled mobile device as specified by us.

Fees.

If applicable to your account, you agree to pay the fees associated with the Service in accordance with our current Account Fees and Options as established by us from time to time. We may automatically deduct any fees from an eligible account even if they create an overdraft and we may assess appropriate overdraft fees.

Eligibility, Termination and Changes.

You will be automatically enrolled to use the mobile deposit service once you enroll in any of our Mobile applications. We have the right to suspend or terminate the mobile deposit service at any time if you do not follow the terms and conditions of the service. We also reserve the right to change the mobile deposit service at any time.

Errors.

You agree to notify us of any suspected errors related to your deposits through the mobile deposit service immediately and no later than thirty (30) days after the applicable Account statement is provided.

Interruptions.

The mobile deposit service is provided for your convenience and does not replace your monthly Account statement, which is the official record of your Account. The mobile deposit service may be delayed, interrupted or otherwise negatively impacted by factors relating to your mobile device, your Internet service provider, wireless provider or other parties, or due to other reasons outside of our control. We will not be liable for any such delays, interruptions or negative impacts to the mobile deposit service and you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Indemnification.

Notwithstanding any other provision contained herein, you agree to indemnify, defend and hold us harmless from and against any claims, losses, liability, cost and expenses (including reasonable attorney’s fees) arising from your use of the mobile deposit service. This obligation survives termination of this Agreement.

State Bank of Cross Plains is a Member FDIC and an Equal Housing Lender.

Portions of this mobile banking software application © 2008-2012 by Mitek Systems, Inc. All rights reserved.

APPLE PAY TERMS AND CONDITIONS

These Terms and Conditions govern your use of eligible debit or credit cards issued by State Bank of Cross Plains (each, a "Payment Card") when you add, attempt to add, or keep a Payment Card in the Apple Pay™ wallet ("Wallet") on any iPhone®, iPad®, or other mobile device ("Device") that supports the Wallet.

These Terms and Conditions also represent your agreement with State Bank of Cross Plains regarding the use of your eligible debit or credit card account with the Apple Pay service. Within these Terms, “you”, “your”, or “user” refer to the customer whose name is located on the Payment Card or any authorized user of the Payment Card. “We”, “our”, or “us” refer to State Bank of Cross Plains. The Apple Pay service herein includes the Wallet.

 1. Relationship to Apple

The Apple Pay service is a service offered exclusively by Apple using eligible Apple devices. State Bank of Cross Plains does not own, operate, or control Apple Pay (including the Wallet), and is not responsible for any service provided to you by Apple or by any third party engaged by Apple. We likewise are not responsible for any information or other services provided to you by Apple or any other third parties associated with the Apple Pay service. We are not liable for any failure or performance of the Apple Pay service.

You understand that your use of the Apple Pay service will also be subject to agreements or terms of use with Apple Inc or other parties. Apple and Apple Pay are registered trademarks of Apple Inc.

 2. Relationships to Other Agreements

Your enrollment into the Apple Pay service does not impact any other agreement we have with you. The terms of use for your Payment Card which were provided to you at account opening and amended from time to time remain in full force and effect regardless of whether or not you use the Apple Pay service. For the avoidance of confusion, any transaction you make with your enrolled State Bank of Cross Plains Payment Card using the Apple Pay service will be considered the same as if you had used your Payment Card in person to conduct the transaction and all applicable fees and interest (in the event of an enrolled credit card) will apply per the terms of your cardholder agreement with us.

3. Eligibility

In order for us to authorize your use of your State Bank of Cross Plains issued Payment Card within the Apple Pay service, your Payment Card and the underlying account must be in good standing and you must not be restricted from using Apple Pay based upon any limitations imposed by Apple, your wireless service provider, and / or any third party associated with Apple Pay.

4. Device Eligibility

You are required to have an eligible Apple device in order to use this service. Apple, at its sole discretion, determines which Apple devices are eligible to be used with the Apple Pay service. Devices which have been unlocked in an unauthorized fashion (“jail- broken”) or otherwise modified are not eligible to use Apple Pay.

You acknowledge that use of an ineligible mobile device with the Apple Pay service is expressly prohibited, constitutes a breach of these Terms and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Payment Card in the Apple Pay service. We are not liable to you for the effects (third party or otherwise) of such termination or suspension.

For a complete list of eligible devices that support Apple Pay, please see: https://www.apple.com/apple-pay/

5. Fees

We do not charge any fees for using the Apple Pay service. Please review your State Bank of Cross Plains account agreement for any applicable fees, interests, or other charges associated with your Payment Card.

You are responsible for any fees or other charges that your wireless carrier, Apple, or other third parties may impose.

We reserve the right to institute charges for account access or for additional transactions or features in the future, but only after written and/or electronic notification to you at least 30 days in advance of the date such charges will take effect.

6. Suspension of Payment Card

We may block, suspend, or cancel use of your State Bank of Cross Plains issued Payment Card within the Apple Pay Service. We may take these actions at any time and for any reason, such as if we suspect fraud with your Payment Card, your Device becomes lost or stolen, or if applicable laws change.

7. Electronic Contact

You agree to receive electronic communications from us, including emails to the email address you have provided in connection with your Payment Card account. These electronic communications will relate to your use of the Apple Pay Service.

You agree to update your email address when it changes by contacting us.

8. Data Privacy

You agree that we may collect, transmit, store, and use certain information about you and your use of your Payment Card in the Apple Pay Service. The transmission, storage, and usage of this data are governed by the privacy policy applicable to your Payment Card or the underlying account.

You understand and acknowledge that third parties, such as Apple and Visa, will have access to certain details regarding eligible Payment Card transactions made using the Apple Pay service.

You understand that information that is provided to or held by Apple or other third parties in relation to the Apple Pay service is outside the control of State Bank of Cross Plains. Any information you disclose to Apple or any other third party is subject solely to their security policies and governed by their respective privacy policies and not the State Bank of Cross Plains privacy policy applicable to your Payment Card or the underlying account.

9. Indemnity

You agree to indemnify, defend, and hold State Bank of Cross Plains harmless from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of your use of the Apple Pay Service, any negligent or intentional action or inaction, and/or any breach of the Terms and Conditions of this Agreement. You agree that this paragraph shall survive the termination of this Agreement for any reason.

10. Your Responsibilities

A. Payment Card enrollment in the Wallet

If you want to add a Payment Card to the Wallet, you agree to follow the procedures adopted by Apple and any further procedures we adopt. We may not add a Payment Card to the Wallet if we cannot authenticate the Payment Card or if we otherwise suspect that there may be fraud associated with the Payment Card. The Wallet allows you to make purchases using an added Payment Card wherever the Wallet is accepted. The Wallet may not be accepted at all places where your Payment Card is accepted.

B. Report Lost or Stolen Devices or Payment Cards

If you enroll in Apple Pay and your device is lost or stolen, or you have reason to believe that your fevice has been compromised, including that of your fingerprint reader, PIN, or other security device, you agree to contact us immediately so that we can take action to disable your Payment Card for use within the Apple Pay service. Given that your device can be used like a Payment Card to make purchases, you must notify us in the event your device is lost or stolen with the same urgency as if your actual Payment Card is lost or stolen. If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of your Payment Card whether that use was through the Apple Pay service or not.

C. Security

You are solely responsible for maintaining the confidentiality of your Apple User ID, Apple passwords, device passwords and any other means that you may use to securely access Apple Pay on your device. If you share these credentials with anyone, that person may be able to use your Wallet to make purchase or obtain access to your personal and payment information available through the Apple Payment Service. You agree to safeguard your device at all times and not leave it unattended.

D. Account Ownership/Accurate Information

You represent that you are the legal owner of the account(s) and other financial information which may be accessed via the Apple Pay Service. You represent and agree that all information you provide to us in connection with the Apple Pay Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Apple Pay Service. You agree not to misrepresent your identity or your account information. You agree to keep your account information confidential, up to date and accurate. You represent that you are an authorized user of the Device you will use to access the Apple Pay Service.

Our unique service (the "Service”) enables you to bring together, in one convenient location, as many of your accounts and financial relationships as you wish. This Service is accessed through the eBank! Service – our personal Online Banking platform. Please take a few minutes to read this User Agreement (referred to throughout as the "Agreement”). State Bank of Cross Plains “(“We”, “Us”, or the “Bank”) has licensed the Service from CashEdge Inc. and is making the Service available to you. This Agreement is between you and the Bank. CashEdge Inc is a third-party beneficiary to this Agreement and is entitled to the rights and benefits here under and may enforce the provisions hereof as if it were a party hereto.

Any reference to the Bank in this Agreement includes any directors, officers, employees, contractors, agents, service providers or licensees of State Bank of Cross Plains. As used in this document, the words " I”,, “ you“you" and "your " refer to the party accepting this Agreement. When you're ready, click the "I Accept" button to start enjoying the convenience of the Service. In order to use the Service, you must use the eBank! Service. The terms and conditions of this Agreement are incorporated with and into the eBank! Agreement between you and the Bank. In the event of conflict between the eBank! Agreement or any other agreements related to your accounts at the Bank and this Agreement, this Agreement will prevail.

Acceptance of Terms 

When you click on the "I Accept" button, you agree to accept the terms and conditions (the " Terms") of this Agreement, including any amendments to the Agreement or changes in the Terms. If you do not accept and agree to all of the Terms, you will not be entitled to use the software and Services. The Bank reserves the right to change the Terms under which the Services are offered in its sole discretion at any time; however, the Bank will notify you of any material changes to the Terms. In most cases, you will receive notice on-line the next time you log in; however, we reserve the right to notify you by email or conventional mail, at our discretion. You agree that if you continue to use the Services 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 at any time by clicking Disclosures. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Services, you can unsubscribe by contacting us through the eBank! Chat Online platform or writing to us at State Bank of Cross Plains, Attn.: Electronic Services, 1205 Main St, Cross Plains, WI 53528 or by calling us at (855) 256-7328. Once your account with the Bank has terminated for any reason, you will have no further right or access to use the Service. To use the Service you must be at least eighteen (18) years old and have an email address. 

Privacy and Security Policy 

We regard your privacy and security with the utmost importance, and are absolutely committed to safeguarding any information that you share with the Bank. In order to provide the Service, the Bank must obtain from you certain personal information regarding your accounts and financial relationships. The Bank shall collect only such information as you knowingly provide to us or specifically authorize us to obtain on your behalf. Our priority is to keep this information secure and to use it only as you authorize us. The Bank will request personal financial information from you only at the time you register. This information is necessary to create your user profile, which allows you to access the Service. You may access, review and update your personal and account information at any time by clicking on Profile. 

In order to enable the Bank to provide the Service, we will ask you to provide information needed to access your Third Party Accounts, as defined below. The Bank will use this information only on your behalf and to carry out your instructions. 

All of your personal and financial information will be placed on a secure portion of the Service. We do not use any persistent "cookies" on the browser to store any personal information. We have multiple levels of security that have been designed especially for us. For more information, please see our eBank! Agreement under Password and Security. A complete statement of our Privacy Notice can be found under our Privacy Policy.

User Content 

Subject to the Privacy Notice described above, you agree that the Bank may use, copy, modify, display and distribute any information, data, materials or other content (the "Content”) you provide to us in order to provide the Service, and you hereby give the Bank a license to do so. By submitting Content, you represent that you have the right to license such Content to the Bank for the purposes set forth in this Agreement. 

Third Party Accounts 

You understand and agree that, in order to provide the Service, it is necessary for us to access third party websites and data bases containing information regarding your accounts and financial relationships as designated by you ( "Third Party Accounts" ), on your behalf, to retrieve information as requested or authorized by you. By using the Service, you agree to authorize the Bank to access such Third Party Accounts to retrieve such Content as requested or authorized by you, or for any other purpose authorized by this Agreement. You warrant and represent that the information you are providing us with is true, correct and complete. You represent and warrant to the Bank that you have the right to authorize and permit us access to your Third Party Accounts, you assure us that by disclosing the information to us and by authorizing us to use such information to access your Third Party Accounts, you are not violating any third party rights. You hereby authorize and permit the Bank to use Content and other information submitted by you to the Bank (such as account passwords and user names) to accomplish these purposes and to configure the Service to be compatible with the Third Party Accounts. 

For as long as you are using the Service, you give to us a limited power of attorney and appoint the Bank as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Third Party Accounts, retrieve Content, and use your Content, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Service, as fully to all intents and purposes as you might or could do in person. Once the Bank 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 the Bank in good faith before it has actual knowledge of termination by you shall be deemed to be authorized by you. To notify us that you wish to discontinue using the Service, you can contact us through the eBank! Online Chat platform or write us at State Bank of Cross Plains, Attn.: Electronic Services, 1205 Main St, Cross Plains, WI 53528 or by calling us at (855) 256-7328 as provided in this Agreement. 

You understand and agree that at all times your relationship with each Third Party Account provider is independent of us and your use of the Service. The Bank will not be responsible for any acts or omissions by the financial institution or other provider of any Third Party Account, including without limitation any modification, interruption or discontinuance of any Third Party Account by such provider. 

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING INFORMATION FROM THE THIRD PARTY ACCOUNTS, THE BANK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT THE BANK, ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU. 

YOU AGREE THAT THE BANK SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) THE BANK’S ACCESS TO THE THIRD PARTY ACCOUNTS; (2) THE BANK’S RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN CONTENT RETRIEVED FROM THE THIRD PARTY ACCOUNTS AND (4) ANY CHARGES IMPOSED BY THE PROVIDER OF ANY THIRD PARTY ACCOUNT. 

Securities Quotations 

IN ORDER TO UPDATE THE VALUE OF YOUR ASSETS AS SHOWN TO YOU, WE WILL ACCESS YOUR THIRD-PARTY ACCOUNT. THE BANK MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DOES THE BANK MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT. IN ADDITION, THE BANK MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES THAT ITEMS ACCESSED OR VIEWED THROUGH THE SERVICE ARE FDIC-INSURED.

Electronic Communications 

The 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: 

  • This Agreement and any amendments, modifications or supplements to it. 
  • Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law. 
  • Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service. 
  • Any other communication related to the Service. 

Although the Bank 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 this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Service. 

You agree to promptly update your registration records if your email address or other information changes. You may update your records, such as your email address, under Profile. You must also update any login information required to access Third Party Accounts. If you do not update your registration records promptly, the Service may not capture updated information, including updates information related to your Third Party Accounts.

Communications may be posted on the pages of the Service website and/or delivered to the email address you provide. All electronic Communications sent by email will be deemed to have been received by you when we send it to you, whether or not you received the email. 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 the Bank posts the Communication on the pages of the Service, whether or not you retrieved the Communication. An electronic Communication by email is considered to be sent at the time that it is directed by the Bank’s email server to the appropriate email address. An electronic Communication 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: 

  • A compatible computer Operating System and Internet browser as listed on the Bank’s website, crossplainsbank.com; to view a list of Operating Systems and browsers compatible with Personal Online Banking, visit https://www.crossplainsbank.com/
  • An email account and email software capable of reading and responding to your email. 
  • A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing. 
  • Sufficient electronic storage capacity on your computer's hard drive or other data storage unit or a printer that is capable of printing from your browser and email software 

Proprietary Rights 

You acknowledge and agree that we and/or CashEdge Inc. own all rights in and to the 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 the Service or technology. 

No Unlawful or Prohibited Use 

As a condition of using the Service, you warrant to the Bank 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 

The Bank may modify or discontinue the Service or your account with the Bank with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account or the Service at any time and for any reason, including without limitation if the Bank, in its sole judgment, believes you have engaged in conduct or activities that violate any of the Terms or the rights of the Service, or if you provide us with false or misleading registration information or interfere with other users or the administration of the Service. 

You may terminate your access to the Service at any time by contacting us through the eBank! Chat Online platform or writing to us at State Bank of Cross Plains, Attn: Electronic Services at 1205 Main St, Cross Plains, WI 53528 or by phone at (855) 256-7328.

Once you terminate your access to the Service for any reason, you will have no further right or access to use the Service, and we will not access your Third Party Accounts thereafter for any reason. 

Links to Third Party Sites 

The Service may contain links to other websites ( "(“Linked Sites" )”). Such links are provided solely as a convenience for you. While we will attempt to select and provide links to Linked Sites that it believes may be of interest to its customers, the Bank does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that the Bank, 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 make no representations or warranties regarding the Linked Sites or your use of them. 

Limitation of Warranty and Liability 

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS." 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 SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS 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 OF SUCH MATERIAL AND/OR DATA. 

EXCEPT AS EXPRESSLY SET FORTH ON THE SERVICE, 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 AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE THIRD PARTY ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. 

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 SERVICE, ANY INACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, 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 SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Indemnification 

You agree to indemnify, defend and hold harmless the Bank, its affiliates, partners, officers, directors, employees, service providers, consultants 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 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 account, of any intellectual property or other right of any person or entity. 

Miscellaneous 

You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Third Party Accounts linked to the Service; and that you may rightfully authorize us to access the Third Party Accounts. You understand that we are not responsible or liable if your financial institution's or any other provider of Third Party Accounts system "goes down" or if they have any system failures and we are unable to retrieve information on your behalf. 

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. The Bank's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of the Bank's right to subsequently enforce such provision or any other provisions of this Agreement. 

The most current version of this Agreement as it appears in Disclosures on the Service, 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 Service. This Agreement may be amended, or any of Bank's rights waived, only if the Bank agrees in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by us. All notices to you shall be in writing and shall be made either via email, conventional mail or messages delivered through the Service, at the Bank's discretion. All notices to us must be made in writing and contact ussent to the Bank though the eBank! Chat Online platform or mailed to State Bank of Cross Plains, Attn.: Electronic Services, 1205 Main St, Cross Plains, WI 53528 or by calling us at (855) 256-7328. This Agreement is personal to you and you may not assign it to anyone. 

If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association. 

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to its conflict of law’s provisions or your actual state or country of residence. 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 acceptance of this agreement.