Greenwoods State Bank’s Online Banking Electronic Notice Disclosure and Consent
Before enrolling in Greenwoods State Bank’s (GSB’s) Online Banking, you must provide us with your consent to deliver documents relating to the Online Banking 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 Online Banking, among other information. By enrolling in Online Banking and using Online Banking thereafter, you agree to GSB’s Online Banking Agreement and Disclosure, which will be made available to you at the time of your enrollment.
This provision contains important information that you are entitled to receive before you consent to electronic delivery of this Online Banking Agreement and Legal Disclosures (defined below). Please read this E-Sign Consent carefully and print or retain a copy for your records.
By clicking the “accept” button below, you consent
• to the electronic delivery and receipt of information relating to your account(s) with us that you access using the Online Banking, including this Online Banking Agreement and Disclosure (the “Agreement”) or other agreements related to Online Banking, amendments to such agreements, privacy disclosures, notices, reports, documents and any other communications and disclosures that we provide, and/or are required by applicable law or regulation to provide to you in writing, including the initial and other disclosures under the Electronic Funds Transfer Act, during the course of your account relationships with us (this consent does not apply to your periodic statements) (“Legal Disclosures”).
• that you are able to electronically access this Agreement and are satisfied that you meet the hardware and software requirements listed below.
• that you have printed this Agreement, at your discretion.
• that you agree to all of the terms of this Agreement governing your use of Online Banking.
• that you are authorized to consent to all of these matters on behalf of all of the persons with access to your accounts.
We reserve the right to deliver any information, communications, Legal Disclosures, and/or Agreements relating to Online Banking to you by regular mail to your most recent address reflected in our records. This is in lieu of or in addition to electronic records at any time in our discretion. We reserve the right to require you to furnish to us, writings or paper copies of information, communications, Legal Disclosures, and/or Agreements relating to Online Banking, in lieu of or in addition to electronic records at any time in our discretion.
Right of Consumers to Decline and/or Withdraw Consent For Electronic Disclosures
You may choose not to consent. If you do not electronically consent by clicking on “Accept” below, or if you discontinue enrolling in Online Banking, you are indicating that you do not consent. If you do not consent, you will not be permitted to use any of the services available through Online Banking.
You have the right to withdraw your consent to receive information from us electronically and may exercise such right by contacting us in the manner provided in the following paragraph. However, withdrawing your consent means you will no longer be able to access GSB’s Online Banking.
Withdrawing Consent and Receiving Paper Copies
If you withdraw your consent to receive information from us electronically, you also terminate your right to use Online Banking. You may also request and receive a paper copy of the Legal Disclosures. You will not be required to pay a fee for your request for a paper copy. If you wish to withdraw your consent, request a paper copy of the Legal Disclosures, or make changes as to how we may contact you electronically (i.e. your email address for receiving Legal Disclosures), please contact us at:
• by calling us at (920) 648-2324
• by writing to us at Greenwoods State Bank, PO Box 159, Lake Mills, WI 53551
• by sending email communication addressed to email@example.com
Changing Your Email Address, Mobile Device Number, Location and Delivery of Disclosures
We may deliver Legal Disclosures and other electronic services information to you electronically
• to your email;
• by posting them on our 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
• by including them in a statement.
If your email address or Mobile Device number to which we will be sending information relating to Online Banking should change in the future, you must update the Options tab within our Online Banking 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.
Hardware and Software Requirements.
In order to access Online Banking and view, print and retain a copy of the Legal Disclosures and Agreements that we make available to you, you will need:
• an active Greenwoods State Bank online banking account;
• an electronic device with connections to the internet capable of receiving , accessing, displaying, and either printing or storing documents received in electronic form from GSB;
• a current version of computer operating software and internet browser;
• Internet browser that supports 128 bit encryptions;
• a valid email account;
• Adobe Acrobat Reader; and
• a printer.
If a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that prevents you from accessing or retaining a subsequent electronic record that was the subject of the consent, we will
• provide you with a statement of (a) the revised hardware and software requirements for access to and retention of the electronic records, and (b) the right to withdraw consent.
This Consent Does Not Apply to Account Statements
Your consent applies to all communications from us relating to your accounts with us and remains in effect until you withdraw your consent; provided that this consent does not apply to electronic delivery of your account statements, unless you elect to receive your statements electronically by registering for e-statements.
Online Banking Agreement and Disclosure
Terms and Conditions
This Agreement and Disclosure applies to your use of Greenwoods State Bank’s (GSB’s) Online Banking, which permits you to access your accounts with us via the Internet for services through computers. This Agreement is also to inform you of certain rights that you have under the Electronic Funds Transfer Act.
This agreement applies to all persons that are parties to the Accounts. This Agreement contains the Terms and Conditions governing GSB’s Online Banking, including disclosures required by federal law. Please read this Agreement carefully and keep a copy for your records.
By continuing enrollment in Greenwoods State Bank’s Online Banking, you acknowledge that you have received and read this Agreement and agree to its Terms and Conditions. You also acknowledge that this Agreement has been accepted by one or more of the persons who established the Account with us.
1. Defined Terms
As used in the Agreement, the following terms shall have the meaning ascribed to them:
“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 card with our name or logo appearing on it.
“Account Owner” means the Owner of any accounts covered by this agreement, any delegate, any authorized representative and the person enrolling in Online Banking and thereby agreeing to this agreement or “you”, or “your”.
“Bill Payment” means the Internet-based bill payment service provided to you under the terms of this Agreement.
“Business Day” means Monday through Friday, excluding federal holidays.
“Balance or Available Balance” means the account balance as of the end of the previous Business Day, plus memo posted credits and minus debits since the most recent transaction cutoff.
“Financial Institution” means Greenwoods State Bank or “GSB”, “we”, “us”, “our” or “bank”.
“Online Banking” means Greenwoods State Bank’s (GSB’s) Internet-based service providing access to your accounts through our website.
“Pending Transactions” means the transactions which have not been posted to your account but which have been transmitted to us.
“Processing Date” means the Business Day on which your Account is debited or credited.
Electronic transactions are generally transmitted and posted quickly, however, check processing often takes additional time and your Account balance, whether an Available Balance or Current Balance may not reflect the actual amount credited to your Account if the deposit or payment is in the form of a check or for other reasons. Please contact us for information regarding Pending Transactions.
2. Eligible Accounts
To use Online Banking, 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 signers, acting alone, will be authorized to access a linked account.
You can use Online Banking to perform the following for eligible accounts:
- • View account and transaction 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
- • Initiate bill payments
- • Initiate stop payments
- • Set up and manage your account alerts
- • Sign up to receive statements electronically
- • View account statements online
- • Manage your profile information including your password, challenge questions, email address and Mobile Banking preferences.
You must have enough available money in an account from which you instruct us to make a payment or transfer through Online Banking. Account balances may differ from those in your records due to deposits, outstanding checks or other withdrawals, payments or charges in process.
Once you begin using Online Banking, you will be able to enroll in Bill Payment, which is an optional service. Through Bill Payment you can use your checking or Money Market Accounts to pay your bills electronically. See #11 Bill Payment in this agreement for additional information.
4. Hardware and Software Requirements
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, systems and computer services, telephone service provider (if applicable) and for any and all fees and charges that may be assessed by your telephone and/or internet service provider.
GSB’S ONLINE BANKING IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF ONLINE BANKING IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT ONLINE BANKING WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF ONLINE BANKING, EXCEPT WHEN WE ARE REQUIRED TO DO SO BY LAW. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO ONLINE BANKING, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
5. Access and Password
Online Banking is a service provided solely for use by GSB customers. You will need a user ID and password to gain access to your online accounts. We may also require you to use additional authentication methods, such as a response to a security question. We may initially assign you a password to gain access. You will be required to change the password the first time you log in and periodically thereafter. You should protect your password at all times. By self-enrolling for Online Banking, you will select your user id and password and will be required to change the password periodically thereafter. Your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. The password has the same effect as your signature authorizing transactions.
You agree to keep the password safe and to not record, disclose or make the password available to anyone. Anyone who has access to your password will have full access to your accounts and the services you can perform with Online Banking. You have no ability to limit any such person’s authority. If anyone uses your password without your permission, you will be responsible for any transactions performed by that person. After three (3) unsuccessful attempts at authorization to use the system, you will need to contact the bank for a temporary password or reset the password using the “Did You Forgot Your Password” option within the login screen of the GSB Online Banking and waiting for an e-mail to arrive, at the e-mail address on record, with a temporary password.
You agree to assume responsibility for all transactions up to the limits allowed by applicable law.
6. Joint Accounts
If an account requires two or more signatures to make withdrawals is accessible through Online Banking or such an account is automatically added to Online Banking, you agree that the verification by two persons will not apply to electronic funds transfers made using Online Banking. Any one person with the proper login and password is authorized to make transfers, even if you require more than one signature on a transfer made by any means other than Online Banking, such as by use of a check.
We are committed to the security of your account information. We require you to enter a password and depending on where you log in from, a security answer, to access Online Banking. To help ensure the security of your data, you will do the following, as applicable:
• All users of this Online Banking should sign-off immediately after every use. Additionally, Online Banking may automatically end your session after inactivity in case your computer is left unattended;
• The security of public computers (such as in a hotel, library or internet café) cannot be assured and we recommend you refrain from accessing your accounts on a public computer;
• Routinely scan your computer using a reliable virus detection product. Undetected viruses may corrupt or destroy your hardware and software, and may transmit a virus to others via your computer;
• Use a firewall product, especially if you use a broadband Internet connection, such as DSL or a cable modem;
• Periodically update your computer’s operating system and browser for critical security patches and use the most current, fully patched, version of Internet browsers for using this Online Banking.
WE WILL NEVER CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR ACCESS ID, OR PASSWORD. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT US IMMEDIATELY. IF YOU OR ONE OF YOUR AUTHORIZED USERS DISCLOSE YOUR ACCESS INFORMATION TO ANYONE, AND/OR ALLOW SOMEONE TO ACCESS YOUR ACCOUNTS, YOU HAVE AUTHORIZED THEM TO ACT ON YOUR BEHALF AND WILL BE RESPONSIBLE FOR ANY USE OF ONLINE BANKING BY THEM (SUCH AS PROVIDING INFORMATION TO A JOINT ACCOUNT HOLDER, EMPLOYEE, OR AGGREGATION SERVICE PROVIDER).
WHEN YOU USE THIS ONLINE BANKING, YOU ACKNOWLEDGE AND AGREE THE ONLINE BANKING INCLUDES COMMERCIALLY REASONABLE SECURITY MEASURES. YOU AGREE TO BE BOUND BY ALL SECURITY PROCEDURES AND INSTRUCTIONS, WHICH MAY BE PERIODICALLY UPDATED. YOU AGREE TO REVIEW AND IMPLEMENT AVAILABLE SECURITY PROCEDURES, INCLUDING PROTECTING USER IDS AND PASSWORDS. YOU ACKNOWLEDGE AND AGREE THE SECURITY IS APPROPRIATE FOR YOUR NEEDS AND WILL PROVIDE YOU A COMMERCIALLY REASONABLE DEGREE OF SECURITY AGAINST UNAUTHORIZED USE.
8. Your Liability
Tell us AT ONCE if you believe your codes have been lost, stolen or otherwise 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. Telephoning is the best way of keeping your possible losses down.
You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable). If you tell us within 2 business days after you learn of the loss or theft of your codes, you can lose no more than $50 if someone used your codes without your permission. If you do NOT tell us within 2 business days after you learned of the loss or theft of your codes, and we can prove we could have stopped someone from using your codes without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, including those made by Online Banking codes or other means, tell us at once. If you do not tell us within 60 days after the first statement on which the problem or error appeared was provided to you, you may not get back any money you lost 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) kept you from telling us, we will extend the time periods.
9. Contact in Event of Unauthorized Access
You can contact Greenwoods State Bank by one of the following methods:
• By calling (920) 648-2324 during business hours
• By writing a letter and sending it to us at the following address: Greenwoods State Bank, PO Box 159, Lake Mills, WI 53551.
• By emailing us at firstname.lastname@example.org.
Online Banking is available 24 hours a day, seven days a week, subject to maintenance that we believe to be necessary. For purposes of electronic transactions, our business days are Monday through Friday excluding holidays as determined by GSB. All Online Banking transaction requests received after 6:00 pm CST Monday through Friday will be processed the next business day. Any transactions initiated on non-business days, or Federal Holidays as determined by GSB will be processed the next business day. If you schedule a recurring funds transfer and the transfer date falls on a weekend, the transfer will occur on the next business day. If you schedule a recurring funds transfer and the transfer date does not exist in a month, the transfer will be processed on the last business day of that month. We may change the cutoff time, from time to time and will notify you of such change if required by law. Online Banking may otherwise be delayed, interrupted, or otherwise negatively impacted by factors or reasons outside of our reasonable control. GSB will not be liable for damages arising from delay, failure or error in transmission while using Online Banking or your inability to access the system.
11. Bill Payments
If you select the Bill Payment service when signing up for Online Banking, which may have an additional fee, you can pay bills either on an automatic recurring basis or periodically as you request. You can use bill payment with any checking account.
This service allows you to enter vendors/payees to whom you want to pay. The online bill pay service will default the first eligible date available for payment. To help ensure that your payments arrive on time, you must schedule your payments to be paid at least five business days before the payment due date. This generally allows sufficient time for the payee to receive and post your payment. This includes processing and mailing time. Funds are withdrawn from your checking account and paid to the vendor by means of ACH (electronic funds transfer), or personal draft (a check produces by the online bill pay service provider, drawn on your account). The terms and conditions applicable to our bill pay service can be found by logging into Online Banking and accessing the Bill Payment link. By using Bill Payment, you agree to those terms and conditions and any changes communicated to you.
12. POP Money
You may make payments by using PopMoney to send a message to an individual’s e-mail address or cell phone number. Money is debited from your checking account and the recipient must claim the funds via the PopMoney website. There are additional charges to use this service. See the PopMoney disclosure for full details.
13. Transfer Limitation
Under federal regulations, you may make no more than six preauthorized electronic fund transfers and telephone transfers, including Online Banking transactions, checks and point-of-sale transactions per month from your savings or money market deposit account. Each fund transfer or bill payment 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. Excess withdrawals may result in the restriction of funds transfer or account closure or applicable fees. See your particular deposit disclosure for full details.
14. Amend or Cancel a Funds Transfer
You may cancel or change a pending funds transfer by selecting and accurately completing the appropriate fields and giving us enough time to act on your instructions by 6:00 pm CST on the transfer date. Modification of a recurring payment or transfer instruction will affect all future payments or transfers associated with that payment or transfer.
If you do not accurately complete the appropriate instructions prior to the scheduled execution date, we may process the transaction anyway. Recurring transfers occur on the business day you have them scheduled to occur. You must cancel these transactions by the cut-off time on the day prior to the transfer date.
If you fail to cancel a scheduled or preauthorized transfer, you may submit an oral or written stop payment request for a preauthorized payment. We will charge you for each such stop payment order as outlined in the Common Features disclosure. If you call or email, we may also require you to put your request in writing in a form approved by us and get the form to us within 14 days after you call or email. We will require that you tell us the exact amount of the debit, the next date the debit is to be made and the exact name of the payee. If you stop payment of such a preauthorized transfer in accordance with the terms of this Agreement, we will stop the next debit and all subsequent preauthorized payments to that payee.
If we fail to cancel or stop any funds transfer, the payment will stand unless you show us that payment to the payee was unenforceable. If we re-credit 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.
15. Prohibited Payments
The following payments are prohibited through the GSB’s Bill Payment:
- • Tax Payments and other governmental fees
- • Court ordered payments such as alimony and child support payments
- • Payments to Payees outside of the United States
16. Returned Payments
GSB is not responsible for any payments received returned for reasons such as, but not limited to, expired forwarding address, invalid account number, and account paid in full. This agreement does not change your liability or obligation that may currently exist between you and anyone paid using this service.
When you schedule a funds transfer using Online Banking, you authorize us to withdraw the necessary funds from your account with us. We deduct the amount of your funds transfer 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 are responsible for any overdraft to your account. 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. Please be advised, if enrolled for Bill Payment and depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date possibly resulting n an overdraft if you have insufficient funds. For example, if the selected method of payment is a draft, the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service and the Biller immediately deposits the draft, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
18. Our Liability for Failure to Process Funds Transfers
We strive to make all your funds transfers according to your instructions. We will, however, not be liable if we are unable to complete any transfer initiated by you through Online Banking because of the existence of any one or more of the following:
• If, through no fault of ours, you do not have enough money in your account to make the transfer
• If the transfer would exceed the maximum permitted funds transfer amount or your Available Balance or the amount available for your use through your line of credit taking into account your Available Balance
• If your Account has been re-titled, closed, blocked for security reasons, or subject to legal process or other encumbrances restricting the transfer.
• If the funds transfer program is not working properly, and you know or have been advised by us about the malfunction before you execute the transaction.
• 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.
• If you have not properly followed the instructions for using Online Banking.
• If your operating system is not properly installed or functioning properly.
• For errors or failures from any malfunction of your browser, Internet service provider, computer, computer virus or other problems relating to the computer equipment or Mobile Device you use with Online Banking, including, without limitation, your inability to access Online Banking or any part of Online Banking.
Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your account, we shall 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 funds directed to the incorrect payee.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY, EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, IN NO EVENT ASHALL WE BE LIABLE FOR AY 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 REALTED TO ONLINE BANKING.
19. Error Resolution
In Case of Errors or Questions About Your Electronic Transfers contact us by phone at (920) 648-2324 or write us at Greenwoods State Bank, PO Box 159, Lake Mills, WI 53551, as soon as you can, if you think your statement or receipt is wrong or 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.
- • Tell us your name and account number (if any)
- • Describe the error or the transfer in question, and explain why you believe it is an error or why you need more information.
- • The dollar amount of the suspected error
If you tell us orally, we may require that you send your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5 business days if involving a Visa point-of-sale transaction processed by Visa 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 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 10 business days (5 business days if involving a Visa point-of-sale transaction processed by Visa 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 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 business days after completing our investigation. If we determine that no error occurred, we will send you a written explanation. You may request copies of the documents that were used in our investigation.
20. Disclaimer of Liability and Warranties
GSB’s Online Banking 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. BY USING ONLINE BANKING, YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY THEREFORE, GREENWOODS STATE BANK AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, DISCLAIM ANY AND ALL LIABILITY, WHETHER NOW KNOWN OR OTHERWISE, WITH RESPECT TO YOUR USE, AUTHORIZED OR UNAUTHORIZED, OF ONLINE BANKING OR THE BILL PAYMENT SERVICE, AND GREENWOODS STATE BANK FURTHER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
21. Account Information Disclosure
We will disclose information to third parties about your Account(s) or the transactions you make:
• That we believe are necessary to complete or document transactions, to investigate possible unauthorized transactions, to resolve errors or claims or to combat fraud.
• Where it is necessary for activating additional service.
• In response to government agency inquiries, orders and/or subpoenas.
• In response to court orders, subpoenas, garnishments, levies and/or other legal process.
• To companies affiliated with us (see #22 Third Parties below).
• To comply with laws, rules and regulations.
• If you give us your written permissions.
22. Third Parties
You understand that support and services relating to Online Banking are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.
We will charge you for Online Banking, Mobile Banking or Bill Payment fees, if any, identified in our current Common Features Disclosure as may be amended by us from time to time, and otherwise in accordance with our Deposit Account Rules. Optional services (Bill Pay, PopMoney, etc.) may charge a fee, but the fee will be disclosed on the Optional Services page and when you initially set up the transaction. Failure to maintain enrollment in e-Statements will result in a paper statement fee for each account paper statement generated and mailed out. Please refer to your account disclosure for that information.
Your Online Banking account activity will appear on your periodic account statement. All statements and notices should be examined by you promptly upon receipt.
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 your email address). You should send such notification to us at Greenwoods State Bank, PO Box 159, Lake Mills, WI 53551.
You may not transfer or assign any rights or obligations you have under this Agreement to any other party. We may assign this Agreement to our successor in interest or to any, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
27. No Waiver
We shall not be deemed to have waived any of our rights of remedies hereunder unless we provide a written waiver, signed by an authorized officer of Greenwoods State Bank. 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 waiver of any rights or remedies on future occasions.
Except as required by law, we may in our sole discretion change these terms, and modify or cancel Online Banking, or the features we offer, at any time, without notice. This may include adding new or different terms to, or removing terms from this Agreement or Addendums to this Agreement. When changes are made, we will update this Agreement on our website at greenwoods.bank. The website will be updated on or before the effective date of any such changes to the agreement, unless an immediate change is necessary to maintain security or to prevent fraud or a legal or regulatory requirement requires immediate change, in which event this Agreement will be updated within a commercially reasonable period of time. You will be notified of changes to the Agreement which materially affect your rights. By continuing to use Online Banking or related services after such notice of any change, you agree to the change. Amendments will be effective upon the date indicated in the notice, if applicable.
29. Governing Law and Conflict Provisions
Your use of Online Banking is governed by this Online Banking Agreement and Disclosure Terms and Conditions as well as the Account Agreement, any loan agreement and related documentation, other applicable documentation governing any matter related to your use of Online Banking, clearinghouse rules, state laws, federal laws and regulations (in each case to the extent that such have not been varied by this Agreement). In case of a discrepancy between the Online Banking Agreement and Disclosure and the Account Agreement solely relating to your use of Online Banking, the Online Banking Agreement and Disclosure control and otherwise the Account Agreement controls. If you require a copy of your Account Agreement or Online Banking Agreement and Disclosure, please contact us at (920) 648-2324 or write to us at Greenwoods State Bank, PO Box 159, Lake Mills, WI 53551.
30. Additional Provisions
We are not responsible for any electronic viruses, spyware, phishing attempts or other malicious Internet or computer activity that you may encounter. We encourage you to obtain Internet security software or hardware to combat this activity such as anti-malware, firewall, anti-spam, and intrusion prevention. You should also regularly update your security software and hardware and educate yourself on safe Internet and email practices. You agree that transmission of confidential and sensitive personal information is at your sole risk. We reserve the right to monitor and review transmissions online and in storage, and to remove or reject any material which we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to you. Unauthorized use of Online Banking is strictly prohibited and is subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18, U.S. Code Sec. 1001 and 1030.
31. Termination or Discontinuation
We may modify, suspend or terminate your privilege of using Online Banking and reserve the right to refuse to make any transaction you request, at any time, without prior notice to you. In the event we terminate Online Banking, 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 Online Banking may terminate Online Banking. Termination shall not affect the rights and obligations of the parties for transactions made with the Online Banking before we have had a reasonable time to respond to your termination request. Your termination of your Online Banking will automatically terminate any pending transfers and payments. You may cancel your Online Banking by calling (920) 648-2324 or writing to Greenwoods State Bank, PO Box 159, Lake Mills, WI 53551 or by sending an email to email@example.com. If you call, we may also require you to put your request in writing. Since service cancellation requests can take up to 10 days to cancel, you should cancel all transfer orders in addition to notifying us of your desire to terminate Online Banking. We will not be liable for transfers not cancelled or transfers made due to lack of proper notification by you of service termination for any reason. Once we terminate your Online Banking any pending transfers will be terminated.
We may change your Online Banking status to inactive if you do not sign on to Online Banking or have any transaction scheduled through Online Banking during any consecutive ninety (90) day period. If your account is considered inactive, you must contact us to have Online Banking activated before you can use Online Banking again.
You agree not to use your Account or the Online Banking or Bill Payment in any illegal activity. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. Greenwoods State Bank is a Member FDIC and an Equal Housing Lender. You agree that you will use Online Banking for personal use only. Online Banking is not intended for use outside of the United States.
33. Secure Alerts Terms and Conditions
Alerts. Your enrollment in Greenwoods State Bank’s (GSB) Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your GSB account(s). Alerts are provided within the following categories:
• Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
• Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
• Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within GSB’s Online Banking and Alerts menu within GSB’s Mobile Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Greenwoods State Bank reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your GSB Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text “STOP” to 99588 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in GSB’s Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 920-648-2324. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Limitations. GSB provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside GSB’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold GSB, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.