Online Banking Access

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: SUBTRACT OUT:
Loan Advances Automatic loan payments
Credit memos Automatic savings transfers
Direct Deposits Service Charges
Electronic Transfers in Debit Memos
Other automatic deposits Other automatic deductions

 

For help with balancing your statement, click here to use our Checkbook Balancer tool under Personal Finance Calculators.

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.

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eBANK! AGREEMENT AND DISCLOSURE:

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 free paper copies of any of these documents by calling (608) 798-2400 or sending an email to generalmail@crossplainsbank.com.

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:

  1.  "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.
  2.  “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”)
  3. "Business Day" means Monday through Friday, excluding federal holidays.
  4. "Daily Balance" or "Daily Ending Balance" means the Account balance as of the end of the previous Business Day, excluding Pending Transactions.
  5. Financial Institution” means State Bank of Cross Plains or ("we", "us", "our" or "bank")
  6. "Pending Transactions" means the electronic transactions which have not been posted but which have been transmitted to us.
  7. "Processing Date" means the Business Day on which your Account is debited or credited.

3.  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.

4.   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

5. 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.

6. 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.

7. 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 can lose no more than $50.00 if you fail to give us notice of your lost or stolen user id and/or password and your user id and/or password is used without your permission. If you do give us notice after learning of the loss of theft of your user id and/or password, you will be liable for the lesser of (1)$50.00 or (2) the amount of any money, property or services obtained by its unauthorized use prior to the time you gave us notice.

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.

8.  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

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

9.  Bill Payments, POP Money, and Other External Fund Transfers

The terms and conditions applicable to our bill pay, POP Money, 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.

10. 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.

11. 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.

12.  Amend or 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.

13. 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.

14. 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:

  1. 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.
  2. If your Account has been re-titled, closed, blocked for security reasons, or subject to legal process or other encumbrances restricting the transfer.
  3. 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.
  4. 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.
  5. If you have not properly followed the instructions for using the Service.
  6. If your operating system is not properly installed or functioning properly.
  7. 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.

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.

15.  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.

16. Disclaimer of Liability and Warranties.

T he 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.

17.  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.

18.  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.

19.  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.

20.  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.

21.  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.

22. 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.

23. 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) 798-5265. We may charge photocopy fees identified in our current Account Fee & Options brochure which may be amended by us from time to time.

24. Periodic Statements

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

25. 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.

26. 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.

27. No Waiver

We shall not be deemed to have waived any of our rights or remedies hereunder 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.

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

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.

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ELECTRONIC NOTICE DISCLOSURE AND AGREEMENT for eMOBILE:

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:

  1. "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.
  2. "Business Day" means Monday through Friday, excluding federal holidays.
  3. "Daily Balance" or "Daily Ending Balance" means the Account balance as of the end of the previous Business Day, excluding Pending Transactions.
  4. Financial Institution” means State Bank of Cross Plains or ("we", "us", "our" or "bank")
  5. "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.
  6. "Pending Transactions" means the electronic transactions which have not been posted but which have been transmitted to us.
  7. "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:

  1. View Account and transaction information.
  2. 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.(Beginning first quarter 2014)
  3. 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.
  4. Set up Account alerts to be sent to your Mobile Device.
  5. 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

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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

  1. 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.
  2. 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.
  3. 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

  1. You agree that Service is for personal use only. You agree not to resell or make commercial use of the Service.
  2. 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:

  1. 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.
  2. If your Account has been re-titled, closed, blocked for security reasons, or subject to legal process or other encumbrances restricting the transfer.
  3. 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.
  4. 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.
  5. If you have not properly followed the instructions for using the Service.
  6. If your Mobile Device or operating system is not properly installed or functioning properly.
  7. 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.
  8. 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 can lose no more than $50.00 if you fail to give us notice of your lost or stolen Mobile Device and/or password and your Mobile Device and/or password is used without your permission. If you do give us notice after learning of the loss of theft of your Mobile Device and/or password, you will be liable for the lesser of (1)$50.00 or (2) the amount of any money, property or services obtained by its unauthorized use prior to the time you gave us notice.

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

We do not currently charge any fees for the Service. If we start charging fees in the future for the Service, you will be provided prior notice. Should we begin charging fees for the Service, you will authorize us to automatically charge your Account for such fees by continuing to use the Service after notification.

Note: Please refer to our current Account Fees and Options brochure  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) 798-5265. We will charge photocopy fees identified in our current Account Fee & 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 hereunder 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 (available 1st quarter 2014)

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.

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