Online Banking and Bill Payment Agreement and Disclosure
Please read this disclosure carefully. It contains the terms and conditions that apply to your use of the American Bank Online Banking and Bill Payment Service.
We, American Bank and our affiliates, offer various electronic services, Online Banking and Bill Pay (the "service(s)") to you, our customer, to enable you to pay bills from your checking account in amounts and on dates you request and to perform other banking activity via a touch-tone telephone or a personal computer. Info-Line telephone Banking and PC-based Online Banking also enables you to perform inquiries, transfer funds between accounts, review transaction activity and more. By using these services, including installing software or attempting to connect to these services, you agree to be bound by this agreement and to comply with applicable service instructions and help screens.
If applying for the Bill Payment feature, I authorize American Bank to review my consumer credit report and any internal banking account records for the evaluation of this application's approval.
LIMITATIONS ON TRANSFERS
1. Transfers or withdrawals from a money market or statement savings account to another account are limited to 6 per statement period.
2. Transfers made after 8:00 p.m. Central Time will be posted on the next business day.
a) Our business days are Monday through Friday; legal Holidays are not included.
LIMITATIONS ON BILL PAYMENT TRANSACTIONS
1. Bill Payment transactions can only be paid from an American Bank checking account.
2. Transactions made after 9:30 p.m. Central Time will be posted the next business day.
a) Our business days are Monday through Friday; legal Holidays are not included.
3. The Bill Payment Service will not process foreign transactions.
4. Bill payments to unlawful Internet gambling sites will not be permitted.
5. Tax payments and court ordered payments may be scheduled through the Bill Payment service; however, such payments are discouraged and must be scheduled at your own risk. American Bank has limited ability to research any issues that may arise due to the government’s strict adherence to the Consumer Privacy Act. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and /or processed by the service. The service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the service.
BILL PAYMENT SCHEDULING
You authorize the service to follow the payment instructions that it receives through the electronic bill payment system. When the service receives a payment instruction, you authorize it to charge your designated checking account with us ("Designated Account") on dates scheduled by you ("Date(s) to initiate") or up to two business days later and initiate payments on your behalf to payees designated by you ("Payees"). Payees usually receive payments within one to three business days after your Designated Account is charged.
The date the Payee credits a payment depends upon the Payee’s payment processing procedures, any specific requirements for payments, or unforeseeable delays in the Payees receiving a payment. We will not be responsible for delays in crediting payments which are the result of these procedures, your failure to follow a Payee’s payment requirements, your failure to schedule a Date to initiate sufficiently in advance of the date a payment is due, delays in any mail service, or other exceptions stated in this agreement.
For these reasons, we recommend that you schedule Dates to initiate payments at least five business days in advance of the date the payment is actually due.
You authorize the service to make payments by electronic, paper or other means we think are appropriate.
You authorize us to deduct these payments from your Designated Account even if they create an overdraft.
PAYMENT DELETION (CANCELLATION) FOR NON-PROCESSED PAYMENTS
You may delete a Current Payment (that is, a single payment you schedule to initiate the next time you transmit payments) prior to 9:30 p.m. CST on the Date to Initiate. A "Future Payment" (that is, a payment you schedule to be initiated within the next 45 days) or a "Recurring Payment" (that is, a payment you schedule to initiate weekly, semi-monthly or monthly) must be deleted by 9:30 p.m. CST at least one business day prior to the Date to Initiate or two business days prior to the Date to Initiate if the Date to Initiate is a Saturday, Sunday or holiday. (Remember: modification of a recurring payment or transfer instruction will affect all future payments or transfers associated with that payment or transfer.)
EXPEDITED BILL PAYMENT SCHEDULING
Expedited Payments enables you to send check payments to payees via overnight delivery and to send electronic payments to payees faster than when using the standard Bill Payment service.
For qualified payees, Expedited Payments are available for same day or next day processing. The Service will automatically determine whether the Expedited Payments option is available to you to make payments to a specific payee, and it will automatically determine the date by which your Expedited Payment will be delivered.
Depending on specific payee limitations and the time of day, you may not be able to send an Expedited Payment for same day processing. If Expedited Payments is not available for an intended payee, it will not be presented to you as an option. If you send an Expedited Payment after the cutoff time for same day processing, the service will automatically notify you of the additional processing time required and will allow you to cancel the payment if it cannot be made by your desired date.
To ensure overnight delivery, overnight checks can only be sent to a valid street address in the contiguous 48 states and the District of Columbia. In addition, overnight check payments cannot be delivered to APO or FPO addresses, Post Office (PO) boxes, and addresses considered undeliverable using USPS standards. The address to use for overnight delivery may not be the same as for mail deliveries; you must check with your biller regarding the proper address to use. Delay in check delivery due to inaccurate address information will be your responsibility.
If you choose to send an expedited payment, you will not be able to edit or cancel it for any reason once you click “Make Payment”.
EXPEDITED PAYMENT FEES
By using Expedited Payment, you authorize us to deduct the fees associated with a transaction from your Designated Account even if they create an overdraft. Fees vary based on the type of payment that will be sent and are presented for your approval when you submit the payee information.
The service will use good faith efforts to make all payments properly. However, we and our agents will incur no liability if the service is unable to complete any payments or transfers initiated via the service because of any one of the following circumstances:
1. Your designated Account does not contain sufficient available funds to complete the payment or transfer, or the payment or transfer would exceed the credit limit of your Designated Account’s overdraft line.
2. The service, your equipment, the software, or any communications link is not working properly.
3. The Payee mishandles or delays posting a payment, or refuses or is unable to accept a payment.
4. You have not provided the service with the correct name(s), address or account information for Payees.
5. Your subscription to the service has been terminated for any reason.
6. If circumstances beyond our control including, but not limited to, fire, flood, or interference from an outside force, prevent the proper execution of the transaction.
7. The transfer of your funds is restricted by legal process or holds.
8. Other exceptions stated in this agreement, related agreements, or our Deposit Account disclosure.
Provided none of these circumstances are applicable, if the service causes an incorrect amount of funds to be removed from your Designated Account or causes funds from your Designated Account to be directed to an improper person, we shall be responsible for returning the improperly transferred funds to your Designated Account and for directing to the proper Payee any previously misdirected payments or transfers.
If you follow the procedures described in this agreement and help screens or instructions, and the service fails to send a payment within two business days after charging your Designated Account, we will reimburse you for a late charge penalty ($50.00 maximum) assessed by a Payee because your payment was received late. In any other event, the risk of incurring and the responsibility for paying any and all late charges or other damages or penalties shall be borne by you.OUR RESPONSIBILITIES ABOVE FOR LATE CHARGES AND INCORRECT OR MISDIRECTED PAYMENTS SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, OR THE SERVICE.
An "unauthorized transfer" is a transfer by a person who does not have actual, implied, or apparent permission, and is a transfer that does not benefit you. A transfer by a joint account holder or other person with an interest in your account is not an unauthorized transfer.
You will not be liable for unauthorized transfers except as explained in this agreement.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
You should not disclose your Access Code or any user I.D. or Password (“Codes”) for Online Banking to any other person. These Codes are for your personal use and should be kept confidential by you. Contact us immediately if you believe someone has obtained your Codes or may have access to your accounts without your permission. Telephoning us at 920-922-9292 or 1-888-509-9292, Monday thru Friday between 8:30 a.m. and 5:00 p.m., is the best way of minimizing your losses.
If you tell us within two business days after you discover a Code has been lost or stolen, you can lose no more than $50.00 if someone uses a Code without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of a Code, and we can prove that we could have stopped someone from using your Code without your permission if you had told us, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, notify us at once by phone, e-mail or traditional mail. If you do not notify us within 60 days after the statement was mailed to you, you may lose any amount transferred without your authorization after the 60 days, if we can prove that we could have stopped someone from taking the money (if you had told us in time). If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS OR PAYMENTS
Notify us as soon as you can via one of the following:
1. Call us at 920-922-9292 or 1-888-509-9292, Monday thru Friday, between 8:30 a.m. and 5:00 p.m. Central Time
2. Send us an email using the Online Banking application’s e-messaging feature
3. Write us at:
P. O. Box 1077
Fond du Lac, WI 54936-1077
If you think that your statement is wrong or you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after you received the FIRST statement on which the problem or error appeared.
1. Provide us with your name and account number;
2. Describe the error or the transaction in question and explain as clearly as you can why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within 10 business days.
We will determine whether an error occurred within ten business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five days to investigate the complaint or question. If we decide to do this, we will credit your account within ten business days 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 business days we may not credit your account.
We will tell you the results within three 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 documents that we used in our investigation.
You will get a monthly statement on your statement savings account. You will get a monthly statement on your checking account unless there are no transactions in a particular month. In any case you will get a statement at least quarterly.
PROTECTION OF PASSWORD
For your protection, the service requires that you follow established rules when choosing a User ID and Password. The rules are provided during the enrollment process and are available on the site at all times.
Never give your Password to somebody else, even if they identify themselves as an AMERICAN BANK employee. Under no circumstances does AMERICAN BANK need your User ID or Password.
MISCELLANEOUS ONLINE BANKING RULES
1. Accounts involved in a preauthorized transfer may be solely owned and/or jointly held, i.e., both accounts must share one common account holder. However, at our discretion, we may accept an authorization to provide online access and transfer funds to or from accounts other than solely owned or jointly held.
2. We shall have no duty to verify the identity of a person using a valid access code to transfer funds or obtain information.
3. You agree that anyone with an ownership interest in your account may access your account, unless we have written instructions that advise otherwise.
4. You agree to indemnify and hold us harmless against any claims, demands, costs or expenses, including reasonable attorney fees, resulting from or arising out of the service, except as otherwise prohibited by law.
5. Transfer requests will be accepted at any time provided all systems are operational. The transfer will be posted on a business day during regular processing hours.
6. You agree to comply with the requirements of any help screens, instruction, on-line demonstrations, or other on-line user terms and conditions, as modified from time to time.
7. You agree to take responsibility to protect your computer by keeping anti-virus software and operating system patches current.
8. You agree to take responsibility to protect the user name and password (security devices) that allow access to the account, and understand that by giving anyone these security devices you give that person permission to take any action with regard to your accounts that is allowed through Online Banking.
9. Your checking account statement will contain information about transactions you have performed during the statement period. We reserve the right to stop mailing images of cancelled checks with your corresponding paper statements.
10. 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 the agreement and the AMERICAN BANK Deposit Account disclosure, as they may be amended from time to time, and not to representations made by our employees or agents.
11. You represent and warrant that you are at least 18 years of age.
12. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such a right or provision unless acknowledged and agreed to by us in writing.
13. This agreement shall be governed by and construed in accordance with the laws of the United States and the laws of the State of Wisconsin.
There are no monthly or transaction fees for accessing your accounts through Online Banking.
MOBILE DEPOSIT CAPTURE
Mobile Deposit Service. The Mobile Deposit Service allows you to make deposits of the electronic image of a check or substitute check (as defined by federal law)(each an “Item”) to your checking, savings or money market accounts held with us by capturing an electronic image of the Item with the camera of your mobile device.
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, or to you and another third party; or
2. Items drawn on a financial institution located outside of the United States; or
3. Items not payable in US currency; or
4. 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
5. Checks or items previously converted to a substitute check, as defined in Regulation CC; or
6. Checks or items that are remotely created checks as defined in Regulation CC; or
7. 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.
In addition to the checks or items listed above, the following specific items are not eligible for the mobile deposit service:
• Canadian checks
• Foreign checks
• U.S. Savings Bonds
• Treasury Tax & Loan payments
• Travelers checks
• Money Orders
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 ANSI, Federal Reserve Board and any other regulatory agency.
You agree to properly endorse all Items captured and submitted using the Mobile Deposit Service as instructed.
PROCESSING TIME AND AVAILABILITY OF FUNDS
If we receive the image of an Item for deposit by 4:00 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 4:00 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. You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Service will be available after we receive payment for the funds submitted. We may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant.
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
1. Only Items that originated as paper Items and no third party or electronic checks may be deposited using the Mobile Deposit Service;
2. To never re-present to us or any other party a check or item that has been deposited through the mobile deposit service unless we notify you that the check or item will not be accepted for deposit through the mobile deposit service;
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 $2,000.00 each day, and the total aggregate amount of deposits will not exceed $5,000.00 during any 5 –Business Day period;
5. Not to deposit any single Item that exceeds $2,000.00;
6. After you submit an Item for deposit you are solely responsible for the storage and destruction of the original items;
7. The electronic image of the Item will be 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
To use the Mobile Deposit Service, you must have a supported mobile device with a supported camera, and data plan. We do not guarantee that your particular mobile or tablet device, camera, operating system, or carrier will be compatible with the service.
ELIGIBILITY, TERMINATION AND CHANGES
You must meet the following eligibility requirements in order to use the Mobile Deposit Service:
1. Be an active Online Banking customer
2. Have an account in good standing that has been open for at least 90 days
We have the right to suspend or terminate the Mobile Deposit Service at any time if you or your accounts(s) do not meet the eligibility requirements for the service. We also reserve the right to change the Mobile Deposit Service at any time.
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.
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 provider will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
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.
We reserve the right, at our discretion, to add, delete, change, modify, alter, or discontinue any service or any aspect, feature, or function of any service 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 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 the service or your Designated Account, we will send you written notice to the mail address or e-mail address we currently possess in our file if required by law.
Any use of the service after we send you a notice of change will constitute your agreement to such change(s). Further, the service may, from time to time, revise or update the bill payment programs, services, and/or related material and these changes may render prior versions obsolete.
Consequently, the service reserves the right to terminate this agreement as to all such prior versions of the bill payment programs, services, or related material and limit access to the services more recent revisions and updates.
TERMINATION OR DISCONTINUATION
In the event you wish to discontinue the service, you must contact us in writing. Written notice of service discontinuance must be supplied 10 business days prior to the actual discontinuance date and must be sent to:
P. O. Box 1077
Fond du Lac, WI 54936-1077
We reserve the right to terminate your use of the services in whole or in part at any time. Upon termination you will be responsible for making arrangements to pay any future or recurring payments. Neither termination nor discontinuation shall affect your liability or obligation under this agreement. The service reserves the right to refuse to pay a Payee if your Designated Account has insufficient funds, a Payee refuses to accept a payment, or for other good cause.
Since service cancellation requests take up to 10 days to process, you should cancel all outstanding payment or transfer orders in addition to notifying us of your desire to terminate the service. 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.
DISCLOSURE OF ACCOUNT INFORMATION
We will disclose information to third parties about your account or the transactions you make:
1. Where it is necessary for completing transactions, or
2. To a reputable credit bureau, other financial institution, or merchant in accordance with standard banking industry practice, or
3. In order to comply with government agency or court orders, or
4. If you give us written permission.
ELECTRONIC DISCLOSURE AND CONSENT
You agree to receive all changes and updates to this Agreement and all disclosures, notices and other communications regarding the Service (as defined above) electronically. You are deemed to have received any electronic communications provided to you when they are made available to you. You can request free paper copies of any of these documents by calling 920-922-9292 or 1-888-509-9292 or by sending an email to firstname.lastname@example.org.
After you have enrolled, you can withdraw your consent to receive electronic documents by calling 920-922-9292 or 1-888-509-9292 or by sending an email to email@example.com. However, withdrawing your consent means you will no longer be able to access the Service.
CONTENT EFFECTIVE: APRIL 2014