BANK OF FLORENCE
541 CENTRAL AVE., P.O. BOX 500
FLORENCE, WI 54121
(715) 528-4844 OR (715) 696-3956
Consumer Internet Banking Agreement and Disclosures
The first time you
access your accounts through Online Banking, you agree to be bound by
the terms and conditions of this Consumer Internet Banking Agreement (Agreement)
and acknowledge its receipt and your understanding of its terms.
This Agreement applies to your use of our Internet Banking Service ("Internet
Service"), which permits you to access your accounts with us via
the Internet for services selected by you and agreed upon by us. This
Agreement applies to all persons that are parties to the accounts. In
this Agreement, the terms "you" and "your" refer
to each depositor on an account accessible by Internet Service, and
the terms "us," "we," and "our" refer
to the Bank.
Forms. To establish Internet Service you will complete certain enrollment
forms or other documents evidencing your desire to access your accounts
using the Internet Service ("Enrollment Forms"). The specific
services available to you are identified in your Internet Service Enrollment
Forms. Your signature on the Enrollment Forms constitutes your agreement
to the terms of this Agreement. [Additional information relating to
Internet Service is included in the on-line manual or instructions provided
to you and incorporated into this Agreement.]
3. Your Responsibility.
You are responsible for selecting all systems, hardware and your Internet
Service provider and for any defect, malfunction or interruption in
service or security due to hardware failure, your choice of Internet
Service provider and systems and computer services.
4. Access Codes.
We will either issue to you, or you will be required to select one or
more personal identification numbers, passwords, or other access codes
("PIN") to access services using Internet Service. The PIN
has the same effect as your signature authorizing transactions. You
agree to safely keep the PIN, not to record the PIN or otherwise disclose
or make the PIN available to anyone other than authorized users of your
accounts. Anyone to whom you disclose your PIN and anyone who has access
to your PIN will have full access to the services you can perform on
Internet Service, including full access to your accounts. You have no
ability to limit any such person's authority. If anyone uses your PIN
with your permission, you will be responsible for any transactions performed
by that person.
5. Customer Liability.
Tell us at once if you believe your PIN has been lost, stolen or otherwise
become available to an unauthorized person. Telephoning is the best
way of keeping your possible losses down. You could lose all the money
in your accounts (plus your maximum overdraft line of credit). If you
tell us within two business days, you can lose no more than $50 if someone
used your PIN without your permission. If you do NOT tell us within
two business days after you learn of the loss or theft of your PIN,
and we can prove that we could have stopped someone from using your
PIN without your permission, you could lose as much as $500.
Also, if your statement
shows transfers that you did not make, tell us at once. If you do not
tell us within 60 days of the date we mail a periodic statement to you,
you may not get any money you lost after the 60 days if we show that
we could have stopped someone from taking the money if you would have
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.
6. Contact in
Event of Unauthorized Transfer. If you believe your PIN has been
lost or stolen or that someone has transferred or may transfer money
from your account without your permission, call (715) 528-4844, or write State Bank of Florence,
P.O. Box 500, Florence, WI 54121.
7. Business Days.
Our business days are Monday through Friday. The following holidays
are not included as business days: New Years Day, Memorial Day, Fourth
of July, Labor Day, Thanksgiving Day and Christmas Day.
We can process a fund transfer or bill payment on the same business day as your instructions, if we receive your instructions before our Internet Service cut-off hour of 4:00 p.m. on a business day. If we receive your instruction
after the end of our business day, we process the transaction on our
next business day. If you schedule a fund transfer or bill payment for
a future date, we process the transaction after the close of business
on that date, if that day is a business day. If the date you request
for a future transfer or payment is not a business day, we process the
transaction on our next business day. If you schedule a recurring funds
transfer or bill payment and the payment date does not exist in a month,
the payment will be processed on the last business day of that month.
Using your PIN and the Internet Service you can perform all of the functions
described in the Enrollment Forms, in connection with the accounts described
in the Enrollment Forms, and you can:
- view account
- transfer funds
among your deposit accounts
- transfer funds
from your line of credit to your checking account
- make payments
out of deposit accounts to your loan accounts
Subject to available
funds, you may transfer funds through the Internet Service in any amount.
9. Additional Information About Bill Payment.
If one of the services identified on your Enrollment Forms is Bill
Payment, you can pay bills either on an automatic recurring basis
or periodically as you request. You must designate one account as
your primary bill payment account. Limits, if any, on the amount or
frequency of bill payments are described in paragraph 8.
To use bill payment, you will provide us with the name and address
of the payee (i.e., the person you want to pay), your account number
with that person and any other information we require to properly
debit your account with us and credit your account with the payee.
Please allow five (5) business days for processing this information.
If your account number or any other information changes, or if you
wish to add or delete payees, you must provide us with these changes
at least five (5) business days in advance of a payment. All such
designations and changes must be entered in the appropriate fields
through the Bill Payment section of Internet Service. If notice is
mailed via the U.S. Postal Service, please allow seven to ten days
for delivery and processing. You authorize us to make all changes
submitted through the Internet Service by you or any other person
having access to your PIN and account information.
We work with payees to encourage them to accept an electronic or check
payment. If we are unsuccessful, or if we believe that the payee cannot
process payments in a timely manner, we may decline to make future
payments to this payee. In the unlikely event that this occurs, we
send you a notice. We may refuse to make payments to certain payees
in our sole discretion (including, without limitation, government
agencies) and to payees that choose not to participate in the services.
b. How Bill Payments are Made. Bill payments are processed
either through an electronic transmission to the payee or by check
drawn on your account and mailed to the payee. Payees who receive
electronic delivery will receive your payment information, including
your account number with the payee, through a computer link. All checks
are sent through the U.S. mail. Payments made with checks are generally
received and credited by most payees within five to seven business
days. If we receive any payment instructions from a payee, we may
follow those instructions, to help ensure that the payment is received
by the payee and promptly credited to your account.
To help ensure that your payments arrive on time, you must schedule
your payments to be processed at least two (2) business days before
the payment due date for an electronic payment to the payee and at
least five (5) business days before the due date for a check payment
mailed to the payee. This generally allows sufficient time for the
payee to receive and post your payment.
c. Late Charges. If you follow all of the procedures described
in this Agreement and help screens and instructions accurately and
completely, and a bill payment has not arrived at the payee within
the allowable number of days described on the screen at the time you
scheduled the payment, we will reimburse you for all penalties and
associated late fee charges incurred due to such a late payment. Situations
in which you are responsible for failing to follow procedures and
instructions include, without limitation, your failure to schedule
the payment a correct number of days before the due date, incorrectly
scheduling the payment or supplying incorrect account information.
Funds Transfers or Bill Payments.
an Order. You may cancel or change a pending funds transfer or
bill payment by selecting and accurately completing the appropriate
fields from the payment menu. Except for preauthorized transfers,
described below, if we dont receive your complete and accurate
instruction identifying a funds transfer or payment prior to that
time, we may process the transaction.
b. Preauthorized Transfers. If you tell us in advance to make
a regular payment at a regular time out of your account without further
action by you (a preauthorized transfer), you can stop these payments
either by following the procedure in the preceding paragraph, or you
can call us at (715) 528-4844 or write us at State Bank of Florence,
Attn. Internet Banking, P.O. Box 500, Florence, WI 54121, or email
us at email@example.com
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 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.
Your stop payment will apply only to the debit you stopped and not
to subsequent debits to that payee, unless you specifically instruct
us to cancel all of such debits to that payee.
c. Liability for Failure to Stop a Preauthorized Transfer.
If you order us to stop a preauthorized transfer three business days
or more before the transfer is scheduled, and the stop payment order
is made according to the terms and conditions of the account and this
Agreement, including the requirement that you give us the exact amount
of the debit, the next date of the debit and the exact name of the
payee, and we do not do so, we will be liable for your losses or damages
proximately caused by our failure.
d. Charges For Stopping Payment. If you submit an oral or written
stop payment request for a preauthorized payment, we will charge you
for each such stop payment order, the charge for stopping payment
identified in our current fee schedule accompanying this Agreement
as may be amended from time to time. If you cancel or change any pending
funds transfer or bill payment by completing the appropriate fields
from the payment menu, there will be no charge.
e. Our Rights. If we fail to cancel or stop any funds transfer
or bill payment, the payment will stand unless you show us that payment
to the payee was unenforceable. If we recredit your account after
transferring funds over a valid and timely cancellation request, you
agree to sign a statement describing the dispute with the payee, to
transfer to us all of your rights against the payee, and to assist
us in any legal action taken against that person.
When you schedule a funds transfer or bill payment using the Internet
Service, you authorize us to withdraw the necessary funds from your
account with us. We deduct the amount of your funds transfer or bill
payment from your account on the date we process your instruction. Each
instruction to us to withdraw or transfer from an account is an order
to us to pay from that account at that time or on a later date, if any,
indicated in the instruction. We may charge payments against the account
even though the charge creates an overdraft, or we may refuse to make
payments if the charge creates an overdraft. If you overdraw your account,
you agree to immediately pay us the overdrawn amount, together with
any applicable fees. If the account is maintained in connection with
an overdraft credit plan, any overdraft will be made in accordance with
the agreement or rules governing that account rather than this Agreement.
12. Limitations on Transfers. Under federal regulations, you
may make no more than six preauthorized electronic fund transfers and
telephone transfers, including Internet Service transactions, checks
and point-of-sale transactions per month from your savings or money
market deposit account. Of these six transactions, you are limited to
no more than three transactions per month by check, draft, debit card
or similar order to third parties. Each fund transfer or bill payment
through Internet Service 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.)
13. Fees. We will charge you for Internet Service fees, if any,
identified in our current fee schedule accompanying this Agreement,
and as it may be amended by us from time to time, and otherwise in accordance
with our Deposit Account Rules.
14. Periodic Statements. Your Internet Service account activity will appear on your periodic account statement. If there are no transfers in a particular month, you will receive statements at least quarterly.
15. Our Liability For Failure to Make Transfers. If you have
given us all of the proper and timely instructions and have properly
completed all fields to complete a transfer or bill payment, and we
do not complete a transfer to or from your account on time or in the
correct amount according to our agreement with you, subject to the limitations
contained in this Agreement, we will be liable for your losses or damages
proximately caused by our failure. However, there are some exceptions.
We will not be liable, for instance:
- If, through no
fault of ours, your account does not contain sufficient collected
funds to make the transfer.
- If the money
in your account is subject to legal process or other encumbrances
restricting the transfer.
- If the transfer
would go over the credit limit on your overdraft credit plan, if any.
- If a transfer
system was not working properly and you knew about the breakdown when
you started the transfer.
- If an act of
God or circumstances beyond our control (such as fire or flood) prevent
the transfer or use of Internet Service despite reasonable precautions
that we have taken.
- If incomplete
or inaccurate information is forwarded to us by you or through an
- If you have not
provided us with complete and correct payment information, including
without limitation the name, address, account number and payment amount
for the payee on a bill payment.
- If you have not
properly followed the instructions for using the Internet Service.
- If your operating
system is not properly installed or functioning properly.
- For errors or
failures from any malfunctions of your browser, internet service provider,
computer, computer virus or other problems relating to the computer
equipment you use with the Internet Service, including, without limitation,
your inability to access Internet Service or any part of Internet
- For a failure
to provide access or for interruptions in access to the Internet Service
due to Internet Service system failure.
ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED
BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY
PROVIDER IN TRANSFERRING FUNDS OR PAYING A BILL WILL BE TO CORRECT
THE ERROR [AND PAY ANY PENALTIES AND ASSOCIATED LATE CHARGES TO THE
PAYEE], BUT IN NO CASE WILL THE BANK BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY
RELATED TO INTERNET SERVICE.
16. Account Information
The circumstances under which we may provide information about your
accounts to third parties are summarized in our current privacy notice
accompanying this Agreement.
You agree that we may deliver our privacy notices and opt-out notices
to you by making them available on our web site.
17. Termination. We may modify, suspend or terminate your privilege
of using Internet Service and may withhold approval of any transaction,
at any time, without prior notice to you. In the event we terminate
Internet Service, we will try to notify you in advance but are not required
to do so. You will be notified as soon as practicable. Any one person
who can use the account accessible with Internet Service may terminate
Internet Service. Termination shall not affect the rights and obligations
of the parties for transactions made with the Internet Service before
we have had a reasonable time to respond to your termination request.
You must cancel
all future funds transfers and bill payments, whether recurring or individual
payments, when you terminate Internet Service.
18. Third Parties. You understand that support and services relating
to Internet Service are provided by third parties other than us, and
you authorize us to contract with third parties to provide such support
19. Amendment. We may amend this Agreement at any time. Notice
will be sent to you at your current address in our files or sent to
your email address, as requested by you. Amendments will be effective
upon the date indicated in the notice.
20. General. This Agreement is intended to supplement and not
to replace other agreements between you and us relating to your accounts,
including, without limitation, our Deposit Account Rules. In the event
of a conflict between this Agreement and any other account rules and
agreements that apply to your accounts, this Agreement shall govern
21. Additional Provisions. (If none stated, there are no additional
Case of Errors or Questions About Your Electronic Transfers
us at (715) 528-4844 or write us at State Bank of Florence, Attn. Internet
Banking, P.O. Box 500, Florence, WI 54121, 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 60 days after we sent you the FIRST statement on which
the problem or error appeared.
1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure about, and explain
as clearly as you can why you believe it is an error or why you need more
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint
or question in writing within 10 business days.
We will determine whether an error occurred 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 decide to do this, we will credit your account within
10 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 10 business days, we may not credit your
The 10 day periods in the preceding paragraph may be extended to 20 business
days, if the error involves a transfer to or from the account within 30
days after the first deposit to the account was made.
If the error involves an electronic transfer from your account to buy
goods or services direct from a merchant, a transfer initiated outside
of the United States or a transfer that occurred within 30 days after
the first deposit to the account was made, the 45 day time period to investigate
your complaint or question will be 90 days in place of 45 days.
We will tell you the results within 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 the documents that
we used in our investigation.