AGREEMENT AND DISCLOSURES
1. Coverage. This Agreement applies to your use of our Online Banking service (“Online Banking”), which permits you to access your accounts with us via the Internet for various banking services. 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 Online Banking, and the terms “us”, “we”, and “our(s)” refer to Great Midwest Bank.
2. Enrollment. To enroll in Online Banking, you will need to evidence your agreement with the terms of this Agreement by clicking ACCEPT below. You will then be asked to identify yourself. Once you have completed these steps, your request will be processed. You will receive two notices via US mail in the next 3-5 business days. One will contain your Access ID, the other will contain your password. Once you have received both notices, go to the login page and use the Access ID and password to sign on to Internet Banking for the first time. You will be prompted to change your password at that time. You will also have the option of customizing your Access ID as well.
3. Your Responsibility. You are responsible for selecting all software, hardware and your Internet service provider and for any defect, malfunction or interruption in service or security due to hardware or software failure or your choice of an Internet service provider.
4. Password. You will be required to select a password (“Password”) to access services using Online Banking. Your Password has the same effect as your signature authorizing transactions. You agree to safely keep your Password, not to record your Password or otherwise disclose or make your Password available to anyone other than authorized users of your accounts. Anyone to whom you disclose your Password and anyone who has access to your Password will have full access to the services you can perform with 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.
5. Customer Liability. Tell us AT ONCE if you believe your Password has been lost, stolen or otherwise become available to an unauthorized person. Telephoning us at 1-888-485-4400 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 Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove that we could have stopped someone from using your Password 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.
6. Contact in Event of Unauthorized Transfer. If you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission: call us toll free at 1-888-485-4400, write Great Midwest Bank, 15900 W. Bluemound Road, Brookfield, WI 53005 Attention: Customer Service Department; or e-mail us at firstname.lastname@example.org.
7. Services. Using Online Banking, you can:
· view account information
· transfer funds between your “Qualified Accounts”
· schedule a recurring or future transfer between your Qualified Accounts
· make payments out of your Qualified Accounts to your loan accounts
· schedule monthly payments out of your Qualified Accounts to your loan accounts
∙ draw on your line of credit to transfer funds to “Qualified Accounts”
· make stop payments
The term “Qualified Accounts” means any checking account, any statement savings account, or our Insured Investment Fund (Money Market Account) held with us. You will not be able to transfer funds to or from any passbook savings account or certificate of deposit.
Subject to available funds, you may transfer funds through Online Banking in any amount.
8. Business Days. Our business days are Monday through Friday, excluding Saturdays, Sundays and Holidays, even if we or any branch of ours is open all or part of such days.
9. Processing Your Funds Transfer. We will process a funds transfer on the same day as your instructions if we receive your instructions before our Online Banking cut-off hour of 8:00 PM (the “Cut-Off Hour”) on a business day or 5:00 PM on a Saturday (the “Cut-Off Hour” on Saturdays). If we receive your instruction after the Cut-Off Hour of a business day or Saturday, we will process the transaction no later than the Cut-Off Hour of our next business day or Saturday, whichever comes first. If you schedule a funds transfer for a future date, we will process the transaction on that date if that day is a business day or Saturday. If the date you request for a future transfer is not a business day or Saturday, we will process the transaction no later than the Cut-Off Hour of the next business day or Saturday, whichever comes first. If you schedule a recurring funds transfer and the payment date does not exist in a month, the payment will be processed on the last business day or Saturday of that month, whichever is closest to the end of the month.
10. Canceling Funds Transfers. You may cancel or change a scheduled funds transfer by selecting and accurately completing the appropriate fields from the payment menu. Any instruction to cancel or change a funds transfer must be made by the Cut-Off Hour of the business day or Saturday prior to the date the transaction is to be processed. If you do not accurately complete the appropriate instructions prior to that time, we may process the transaction.
11. Overdrafts. 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 agree to immediately pay us the overdrawn amount, together with any applicable fees. If the account is maintained in connection with an overdraft credit (overdraft protection) 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 funds transfers and telephone transfers, including Online Banking transactions, checks and point-of-sale transactions per month from your savings or Insured Investment Fund (Money Market) account. Of these six transactions, you are limited to no more than three transactions per month by check, draft, debit card (ATM Card/CheckCard) or similar order to third parties. Each funds transfer through Online Banking from your savings or Insured Investment Fund 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 Insured Investment Fund accounts.
13. Fees. We will charge you Online Banking fees, if any, as identified in our current Schedule of Fees, and as it may be amended by us from time to time, and otherwise in accordance with our Rules of Account and Schedule of Fees for deposit accounts.
14. Periodic Statements. Your Online Banking 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. This does not include passbook saving accounts which do not receive periodic statements.
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, 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 to you if, among other things:
· through no fault of ours, you do not have enough money in your account to make the transfer.
· the transfer would go over the credit limit on your overdraft line or exceed the funds available in your overdraft protection account.
· circumstances beyond our control (such as communications, electronic or computer system failure, fire or flood) prevent the transfer or use of Online Banking, despite reasonable precautions that we have taken.
· you have not properly followed the instructions for using the Online Banking.
· your operating system is not properly installed or functioning properly.
· the failure resulted from any malfunctions of your browser, Internet service provider or computer, computer virus or other problems relating to the computer equipment you use with Online Banking, including without limitation, your inability to access Online Banking or any part of Online Banking.
· the failure was the result of inaccessibility or interruption in access to Online Banking due to Online Banking system failure.
NOTWITHSTANDING 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 WILL BE TO CORRECT THE ERROR, 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 ONLINE BANKING.
16. Account Information Disclosure. The circumstances under which we may provide information about your accounts to third parties are set forth in our current Privacy Notice posted on our website. You may request a copy by writing us at Great Midwest Bank, 15900 W. Bluemound Road, Brookfield, WI 53005-6065.
17. Termination. We may modify, suspend or terminate your privilege of using Online Banking and may withhold approval of any transaction, 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. However, if your account has been inactive for 180 days or more, we will terminate your Online Banking account without notice to you. 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 Online Banking before we have had a reasonable time to respond to your termination request. Your termination of Online Banking will automatically terminate any pending transfers and payments.
18. 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.
19. Amendment. We may amend this Agreement at any time. Notice of a change will be either sent to you at your current address in our files or to your current e-mail address in our Online Banking records or presented to you upon logging into Online Banking. Amendments will be effective upon the date indicated in the notice.
20. Governing Law. The laws of the state of Wisconsin and applicable federal law govern this agreement and the services.
21. 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 Rules of Account for deposit accounts. 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 and prevail.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
Telephone us: toll free 1-888-485-4400 or Write us:
Attention: Customer Service Department
Great Midwest Bank
15900 W. Bluemound Road
Brookfield , WI 53005
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 in an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
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. For EFT transactions conducted during the first 30 calendar days after your initial deposit to the account is made, the re-credit time period will be 20 business days rather than 10 and we may take up to 90 days to investigate your complaint or question rather than 45. 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.
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.
Updated September 19, 2006