Electronic Disclosure and Consent
To the extent that you have given your e-sign consent, you agree to receive the Community Bank CBD Service Agreement for Online Banking electronically. You also agree to receive all changes and updates to this Service Agreement and all disclosures, notices and other communications regarding the Services (as defined below) electronically. You are deemed to have received any electronic communication provided to you when they are made available to you. You can request free paper copies of any of these documents by calling 1-866-848-2265 or sending an e-mail to email@example.com.
After you have enrolled and verified your enrollment using e-sign consent, you can withdraw your consent to future electronic receipt of documents by calling 1-866-848-2265 or sending an e-mail to firstname.lastname@example.org. However, withdrawing your consent means you will no longer be able to access the Service.
In order for you to access and retain disclosures electronically in connection with this Service, your system must meet our minimum requirements as provided in our Online Banking Security and Browser Requirements.
This agreement (“Service Agreement”) applies to various online banking, bill payment, and e-bill services (“Service(s)”). “You” and “your” means the person enrolling in the Service and thereby agreeing to this Service Agreement, both on your behalf and, if applicable, on behalf of your business as its authorized representative. “Us,” “we,” and “our” mean the applicable Community Bank CBD and its affiliates and their successors and assigns. When you use, or you permit any other person(s) to use, any part of this Service, you agree to the terms and conditions of this Service Agreement and agree to comply with the instructions found on help screens. This Service Agreement and the Services are also subject to other agreements between you and us, including Rules for Deposit Accounts and Funds Availability Policies. In case of conflict, this Service Agreement will control.
2. ELIGIBLE COMMUNITY BANK CBD ACCOUNTS
To use the Services, you must have an eligible account. Eligible accounts for online banking are Community Bank CBD checking and NOW accounts, savings accounts, money market accounts, CDs, as well as consumer loan accounts, and certain business loan accounts. Eligible accounts for bill payment and e-bills are Community Bank checking accounts only.
An eligible account can include an account held by a small business, even if the business has its own Federal Employer Identification Number, but only if the business meets our requirements for eligibility. Your personal banker can tell you if your business is eligible, or if it needs to establish its own online banking account using our Business Online Banking.
3. SERVICES OFFERED; TRANSACTION PROCESSING TIMES; TRANSACTION LIMITATIONS.
|a.|| Online Banking:
1. Funds Transfers. You may use online banking to perform unlimited transfers between eligible accounts. You may perform no more than 5 transfers per month from any savings account or 6 transfers from any money market account. You may make funds transfers between eligible Community Bank accounts by 6:00 p.m. CST on a Business Day.
2. Balance Inquiries. You may use online banking to check the current balance and other account information on all of your deposit accounts and most loan accounts.
3. Account Services. You may use online banking to view copies of checks, deposit account statements and download your account information to personal management software.
|b.|| Bill Payment:
1. Make Payments. “Make Payments” are payments that you enter each time you want to make a payment. You schedule the date that you want the Bank to send the payment(s) (“Payment Date”). The Payment Date is the date that the Bank processes your payment, but it is not necessarily the date that your payment is processed by the payee. Please refer to the processing times set forth in this Section for more information.
2. Automatic Payments. “Automatic Payments” are sent automatically on an ongoing basis. You set up payment rules based on the frequency, amount, and timing of a payment; however, the amount of an Automatic Payment is fixed and will not fluctuate unless you manually change the amount.
3. Processing Time. You may add, delete or edit a Manual Payment up to 3:00 p.m. CST on the Payment Date. An Automatic Payment may be added, deleted or edited by 3:00 p.m. CST at least 1 Business Day prior to the Send On date. (Remember: modification of an Automatic Payment instruction will affect all future payments associated with that payment.) The Payment Date is not necessarily the date that your payment will be processed. To ensure on-time payments, allow at least 2 Business Days for electronic and 4 Business Days for standard check payments.
4. Limitations. No single transaction shall exceed $2500.00 and no Expedited Payment transaction shall exceed $2500.00. The total amount of all bill payments, e-bill payments and Expedited Payments in any 1 Business Day shall not exceed $5000.00. You may not use bill payment services to (a) pay taxes directly to governmental agencies or to make other payments directly to governmental agencies, (b) pay court-directed alimony or support, or (c) make payments to persons outside of the United States or U.S. territory. Limitations can be amended by Community Bank CBD from time to time.
1. E-Bills. E-bills are a feature of Bill Payment that enable you to receive billing statements electronically if you authorize the Bank to obtain information from the biller and the biller permits electronic delivery of bills (“Participating Biller”). A billing statement will appear on Community Bank CBD’s online bill payment web site shortly after it is issued by a Participating Biller.
2. Authorization. You must authorize Community Bank CBD to obtain information from a Participating Biller in order to receive an e-bill. To do so, you must authorize us to use your username, password and any other private data that is necessary to set up an e-bill. You appoint us as your agent for the limited purpose of setting up e-bills.
3. Periodic Statements. If you have authorized Community Bank CBD to access your billing information from a Participating Biller, you will receive a periodic statement from each Participating Biller that you have authorized Community Bank CBD to contact. Your e-bill will appear on Community Bank CBD’s online bill payment web site with such frequency as determined by the Participating Biller and you. It may take up to 2 billing cycles before your e-bill appears on Community Bank CBD’s online bill payment web site. At all times, you are responsible for keeping your bills current and paid, including, but not limited to, the period during which your e-bills are being set up.
4. Notifications and Reminders. You may set up e-mail alerts so that you receive an alert when your e-bill arrives and an alert when payment is due. Notifications and reminders are solely for your convenience; it is your responsibility to maintain an accurate e-mail address and to logon to the Community Bank CBD’s online bill payment web site to check for the delivery or status of e-bills.
5. Automatic E-Bill Payments. You may set up automatic payment of e-bills so that a payment is sent in accordance with payment rules that you specify. If you cancel an e-bill with an automatic payment rule established, it might take up to 2 billing cycles for the automatic payments to cease.
6. Paper Statements. Participating Billers may continue to provide you with paper copies of bills. Community Bank CBD is committed to reducing paper usage and waste; however, we have no control over Participating Billers and their decisions to continue sending paper statements. It is your responsibility to contact Participating Billers and request that they stop sending paper bills to you.
7. Processing Time. You may add, delete or edit a Manual Payment up to 3:00 p.m. CST on the Payment Date. An Automatic E-bill Payment may be added, deleted or edited by 3:00 p.m. CST at least 1 Business Day prior to the Send On date. (Remember: modification of an Automatic Payment instruction will affect all future payments associated with that payment.) The Payment Date is not necessarily the date that your payment will be processed. Please allow at least 2 Business Days for electronic payments to ensure on-time payments.
8. Limitations. The total aggregate amount of all bill payments, e-bill payments and Expedited Payments in any 1 Business Day shall not exceed $5000.00. You may not use e-bill payment services to (a) pay taxes directly to governmental agencies or to make other payments directly to governmental agencies, (b) pay court-directed alimony or support, or (c) make payments to persons outside of the United States or U.S. territory. Limitations can be amended by Community Bank CBD from time to time.
|d.|| Expedited Payments
1. Expedited Payments. Expedited Payments are a feature of Bill Payment that, depending on the payee and the time of day, enables you to have your payments initiated and processed immediately. Depending on the intended payee and the time of day, Expedited Payments are available for same day or next day processing and posting. The system will automatically determine whether the Expedited Payments option is available to you to make payments to a specific payee, and it will also automatically determine the date by which your Expedited Payment will be processed (“Deliver By Date”).
2. Processing Time. Depending on specific payee limitations and the time of day, you might not be able to set up an Expedited Payment for same day processing, which means that the Deliver By Date might be delayed until the following Business Day. If you set up an Expedited Payment after the cutoff time for same day processing, your payment will not be processed until the following Business Day; in such a case, the system will automatically notify you of this additional processing time before you approve the Expedited Payment.
3. Limitations. No single Expedited Payment transaction shall exceed $2500.00. The total amount of all bill payments, e-bill payments and Expedited Payments in any 1 Business Day shall not exceed $5000.00. Expedited Payments will not always be available. Depending on the intended payee and the time of day, you might not have access to Expedited Payments. If Expedited Payments is not available for an intended payee, it will not be presented as an option to you. Once you set up an Expedited Payment, you will never be able to edit or cancel it for any reason. Limitations may be amended by Community Bank CBD from time to time.
Electronic $5.00 for each expedited electronic payment
Overnight Check $20.00 for each expedited payment remitted as overnight check
4. AUTHORIZATION FOR SERVICES
a. General. With regard to all Services, you are responsible for having sufficient and available funds on deposit to make payments in full or transfers on scheduled dates. In our sole discretion, we may refuse to process any transaction that exceeds any limitation set forth in Section 3. We may deduct payments or transfers from your designated account in connection with any Services, even if such deduction creates an overdraft. You are liable for all overdraft fees.
b. Bill Payment Service. You authorize us to follow your payment instructions. For any bill payments, we will deduct your payment(s) from your checking account on the Send On Date or 1 Business Day after the Send On Date. For Automatic Payments, we will deduct your payment from your account on the start date (“Start Date”) or 1 Business Day after the Start Date. We will deduct subsequent payments from your account using the Start Date as a reference point. We will initiate payments to payees designated by you (“Payees”). To ensure on-time payments, allow at least 2 Business Days for electronic and 4 Business Days for standard check payments. If a Payee does not accept electronic payments, you authorize us to make payment by check. You authorize us to make payments by electronic, paper or other means that we determine is appropriate.
c. E-Bill Service. You authorize us to obtain information from Participating Billers by using confidential sign-on information, such as a username and password, which you provide to us. You authorize us to follow your payment instructions. We will deduct your payment(s) from your checking account on the Send On Date or up to 2 Business Days after the Send On Date. Please allow at least 2 Business Days for electronic payments to ensure on-time payments. You authorize us to make payments by electronic, paper or other means that we determine is appropriate.
d. Expedited Payments. You authorize us to follow your payment instructions. For Expedited Payments, we will deduct your payment(s) from your account even though the Deliver By Date might not be until the next Business Day. You authorize us to charge a convenience fee for each Expedited Payment as a separate transaction. The amount of each Expedited Payment and each convenience fee will be deducted from your account as separate transactions, which might result in you incurring an overdraft charge for the Expedited Payment as well as an overdraft charge for the convenience fee if you do not have sufficient funds to process either the Expedited Payment or the convenience fee. You further authorize us to make payments by electronic, paper or other means that we determine is appropriate.
5. UNAUTHORIZED TRANSACTIONS.
An “unauthorized electronic fund transfer” is an electronic funds transfer conducted by a person who does not have actual, implied, or apparent authority to use your account and which does not benefit you. If you give your access ID or password to another person, all electronic funds transfers by that person are authorized unless and until you notify us that payments by that person are no longer authorized and you change your access ID and password.
We may require you to change your access id and passwords periodically. Contact us immediately if you believe someone has obtained your access id or password or if someone has transferred or may transfer money from your accounts without your permission. Contacting us at 1-866-848-2265, 24 hours a day, is the best way of minimizing your losses. Alternatively you may fax us at (262) 740-7283 or write us at: Community Bank c/o Security Officer, P.O.Box 648, Delavan, WI 53115. If your monthly statement contains transactions that you did not make, notify us at once.
6. YOUR LIABILITY AND RESPONSIBILITIES.
You will have no liability for unauthorized transactions to or from a personal account if you notify us within 60 days after the statement showing the transaction has been mailed or made available to you. If you do not notify us within this 60-day time period, you may lose any amount transferred without your authorization after the 60 days, if we can prove that we could have stopped the unauthorized transactions if you had told us in time.
Upon termination of any Service, you will be responsible for making arrangements to pay any future, recurring or automatic payments. We reserve the right to refuse to pay a Payee or Participating Biller or to transfer funds for any reason that we deem sufficient, including, without limitation, if (a) your designated account has insufficient available funds, (b) a Payee or Participating Biller has refused to accept a payment, (c) you attempt to make a payment directly to a governmental agency or to a Payee or Participating Biller outside of the United States or a U.S. territory, (d) you attempt to make a court-directed alimony or support payment, or (e) you are making payments to a Payee or Participating Biller, the underlying purpose of which violates any state or federal law.
Except where expressly stated otherwise, you are solely responsible and liable for paying your bills and for making alternative arrangements of receiving or paying your bills if for any reason you cannot access Services on the Community Bank CBD online bill payment web site or Services are terminated by you or us. You will contact a Payee or Participating Biller if you do not receive a bill or e-bill or cancel an e-bill. You will contact a Payee or Participating Biller if a bill or e-bill is inaccurate or incomplete. You will contact a Payee or Participating Biller if there are any updates or changes to your personal information, including, but not limited to, name, address, e-mail address, username or password.
You assume full responsibility for all transfers of funds made by us to or from a business account in accordance with this Service Agreement and at your request or at the request of anyone who purports to be you or uses your Codes. You hereby agree to the security procedure attached hereto and acknowledge that such security procedure is a commercially reasonable method of providing security against unauthorized payment instruction. You will be bound by any payment or transfer instruction that we accept in good faith, if we complied with the applicable security procedure or if you did not comply with it. Except for a breach of security in our internal systems, and except in a case where you comply with the applicable security procedure and either we do not so comply or we do not act in good faith, we shall have no responsibility for, and you assume full responsibility for, any transfer of funds resulting from a breach of security regardless of the source or cause thereof. Although we are liable for a breach of security in our own internal system, you are solely responsible and liable for a breach of security occurring on or in connection with a computer or computer network owned, controlled or used by you or your employees, contractors, service providers or agents, by whatsoever means. A breach of security includes, but is not limited to, phishing, pharming, key logging, or other fraudulent activity enabled by malware. If we do bear responsibility, it shall extend only to losses caused solely and directly by us, and our liability will in any event be limited as expressly provided in Sections 7 and 8 of this Service Agreement.
7. BANK’S LIMITATION OF LIABILITY.
The date that a Payee, Participating Biller or financial institution credits a payment depends upon the payment processing procedures of that Payee, Participating Biller or financial institution as well as any specific requirements for payments and delays in receiving payments. We will use good faith efforts to complete all of your payments properly. However, except as provided in the next paragraph, we will incur no liability whatsoever if we are unable to complete any payment or transfer properly because of any one of the following circumstances:
a. Your eligible account does not contain sufficient available funds to complete the payment or the payment would exceed the credit limit of your eligible account’s overdraft line;
b. You have exceeded or will exceed your daily transaction limit for a particular Service, in which case we have the right to process payments or transfers in any order that we determine in our sole discretion is appropriate;
c. Your failure to follow a Payee’s or Participating Biller’s payment requirements;
d. Your failure to schedule a proper date for payment sufficiently in advance of the date that a payment is due;
e. The Services, our equipment, the software, or communications link is not working properly;
f. The Payee or Participating Biller mishandles, delays posting a payment, or refuses or is unable to accept a payment;
g. The Participating Biller fails to deliver your billing statement to us;
h. Your e-bill is inaccurate or incomplete;
i. You have not provided us with the correct name(s), address or account information for Payees or Participating Billers;
j. You fail to provide Payees, Participating Billers or us with your updated or changed personal information, including, but not limited to, your name, address, phone number, e-mail address, username and password;
k. Your subscription to any Services has been terminated for any reason;
l. For circumstances beyond our control, including, but not limited to, fire, flood or interference from an outside force, prevent the proper execution of the transaction;
m. The transfer of your funds is restricted by legal process or holds;
n. You fail to logon to the Community Bank CBD online bill payment web site to check on the delivery or status of e-bills;
o. You fail for any reason to receive a notification or reminder regarding the delivery or status of an e-bill;
p. Delays in any mail service or e-mail service; or
q. Any other exceptions stated in this Service Agreement or related agreements or Rules for Deposit Accounts and Funds Availability Policies.
If you follow all of the procedures described in this Service Agreement as well as on any online help screens, and if we, solely as the direct result of our error, misdirect or fail to timely send a properly authorized and properly set up payment or transfer, then we will reimburse you for any late charge penalty assessed by a Payee, Participating Biller or financial institution because your payment or transfer was received late. If, solely as a direct result of our error, we incorrectly execute the amount of your payment or transfer request, then we will credit or debit your account, whichever may be applicable, with the difference between the actual amount that we debited and the proper amount that should have been debited. If, solely as a direct result of our error, we send a payment or transfer to an incorrect person, then we will return the improperly transferred funds to your account and subsequently pay or transfer the funds from your account to the proper Payee, Participating Biller or financial institution. In all other events, the risk of incurring and the responsibility for paying any and all late charges or other damages or penalties shall be borne exclusively by you. If you think you are entitled to a reimbursement for a late charge penalty, call us at 1-866-848-2265.
OUR RESPONSIBILITIES ABOVE FOR LATE CHARGES AND INCORRECT OR MISDIRECTED PAYMENTS OR TRANSFERS 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) CAUSED BY THE SERVICES OR THE USE OF THE SERVICES, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER, SOFTWARE, OR ANY INTERNET ACCESS SERVICES.
9. WARRANTY DISCLAIMER
THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. EQUIPMENT REQUIREMENTS
You are responsible for obtaining, installing, maintaining and operating all necessary hardware, software, and Internet access services necessary to use the Services. We will not be responsible for failures from the malfunction or failure of your hardware, software or any Internet access services. We require your browser to be, at a minimum, 128-bit encryption enabled. Your access to the Services may be limited in whole or in part by your method of accessing the Services as well as by your hardware and software.
11. ACCESS ID’S, PASSWORDS AND SECURITY
To help enhance your security, you must follow these general safety guidelines:
- Never leave your computer or other access device (e.g., mobile phone) unattended while logged on to any Service.
- Memorize your access ID and password.
- Change your password regularly.
- Choose passwords that are not easy to guess. Use a minimum of 6 characters and a maximum of 17 characters with a combination of at least 1 numbers and 1 letters (e.g., 9aA6Bc3d). Do not use names of family members, pets, common character sequences, proper names, geographic locations, personal details such as a Social Security number or birthday, etc. Words in a dictionary, derivatives of access id’s and common character sequence such as “12345678″ should not be employed.
- Never disclose your access id or password to any other person. Your access id and passwords are for your personal use and should be kept confidential by you. If someone identifies himself as a Community Bank CBD employee and asks for your access id or password, that person is an imposter.
- Do not save passwords on your computer or any other access device (e.g., mobile phone)
- Check your statements and review your banking transactions promptly, thoroughly and regularly. Report errors or problems immediately to Community Bank CBD.
- Should you receive a suspicious e-mail or telephone request for information that purports to be from Community Bank CBD , you must immediately notify your banker or call Community Bank CBD at 1-866-848-2265.
If applicable to you and your account, you agree to pay the fees for the Services in accordance with our fee schedules and disclosures as established and amended by us from time to time. Depending on your plan with your Internet provider, you might incur access and/or data transmission fees for using the Services. Check with your Internet provider for more information on applicable fees.
13. CHANGES; AMENDMENTS; REVISIONS
We reserve the right, at our discretion, to add, delete, change, modify, alter, or discontinue the Services or any aspect, feature, or function of the Services at any time, including content, hours, and equipment needed for access or use (“Change(s)”). We also reserve the right, at our discretion, to add, delete, change, modify, or amend any fees, help screens or other terms and conditions of this Service Agreement at any time (also called, “Change(s)”). Unless an immediate Change is necessary to ensure the security of the Services or your accounts, we will send you notice to the mail address or e-mail address we currently possess in our file at least 30 days before the effective date of any Changes if required by law. If provided electronically, disclosures will be provided to you in one of several ways. These are as follows: (a) by online banking message, (b) by e-mail at the e-mail address we have on record, (c) by access to a Web site that we will identify in an e-mail notice we send to you at the time the information is available, or (d) to the extent permissible by law, by access to a Web site that generally we will identify in advance for such purpose.
If you consented by e-sign to receive changes electronically, then you may need to use certain hardware or software to receive such Changes to the Service Agreement electronically. From time to time, we will provide you with information electronically about the hardware and software necessary to access or retain Changes to the Service Agreement. You will also need the ability to print or download the information if you wish to retain copies for your files. To withdraw your consent to receive any future Changes to this Service Agreement electronically or to request a paper copy of the changes to this Service Agreement, simply call us toll free at 1-866-848-2265, 24 hours a day.
Any use of the Service after we send you a notice of Change will constitute your agreement to such Change(s). Consequently, we reserve the right to terminate this Service Agreement as to all such prior versions, Services, or related material and limit access to the Services more recent revisions and updates.
14. TERMINATION OR DISCONTINUATION
In the event that you wish to discontinue any or all of these Services, 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 or faxed to:
a. Fax us at (262) 740-7283; or
b. Write us at::
Community Bank CBD c/o Operations
P.O. Box 648
Delavan, WI 53115
We reserve the right to suspend, revoke or terminate your use of the Services in whole or in part at any time. Suspension, revocation, termination or discontinuation will not reduce your liability or obligations under this Service Agreement.
Since service cancellation requests take up to 10 Business 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.
15. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
16. BUSINESS DAYS/HOURS OF OPERATIONS.
Business Days are Monday through Friday, except federal holidays. We may require that all transactions be performed on a Business Day.
If a payment or transfer is not initiated in accordance with the Processing Times set forth in Section 3 for each Service, Community Bank CBD will not begin processing the payment or transfer until the following Business Day.
a. Your monthly account statement will contain information about any bill payment transactions, e-bill transactions, or funds transfers completed during the statement period.
b. 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 this Service Agreement and the Rules for Deposit Accounts and Funds Availability Policies and not to representations made by our employees or agents.
c. You agree that anyone with an ownership interest in your accounts, including joint accounts, may access those accounts.
d. You represent and warrant that you are at least 18 years of age.
e. Our failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such a right or provision unless acknowledged and agreed to by us in writing.
f. This Service Agreement shall be governed by and construed in accordance with the laws of the United States and, to the extent state law applies, the laws of the state in which our branch that holds your account is located will apply.
18. SECURITY NOTICE.
To help protect our customers from security threats, Community Bank CBD utilizes the following approach, which you hereby agree to. You acknowledge that these procedures are a commercially reasonable method of providing security against unauthorized payment orders or other transactions and that these procedures are not for the detection of error.
a. Community Bank CBD will do the following, as applicable:
- Offer customer education and awareness programs dealing with identity theft, phishing, smashing and malware.
- Identification of customers when logging on will consist of multi-factor authentication that utilizes user IDs and passwords, plus either pictures and phrases/challenge questions. Community Bank CBD reserves the right to modify the identification process from time to time to implement new measures that are recommended in the industry to combat new or increased threats.
b. You are responsible to install, update, maintain and properly use industry standard security products that are appropriate for you, such as the following:
- Desktop firewall used to prevent unauthorized access to your network
- Updated anti-virus protection used to prevent your computer or other access device from being victimized by the latest viruses and trojans.
- Updated anti-spyware protection used to prevent spyware from providing potential tracking information about your Web activities.
- Operating system and desktop applications updated with the latest patches when they are available, particularly when and if they apply to a known exploitable vulnerability.
- A product that indicates the Web site you are on, or an Internet browser that indicates the site name.