Online & Mobile Banking Disclosure

General Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THESE ONLINE SERVICES.

BY ACCESSING OR USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY BANK OF PRAIRIE DU SAC (for purposes of these terms and conditions the term "BANK OF PRAIRIE DU SAC" includes BANK OF PRAIRIE DU SAC's affiliates, as applicable) FROM TIME-TO-TIME AND POSTED ON THIS SERVICE.

NO WARRANTIES. 

Although BANK OF PRAIRIE DU SAC attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") on the SERVICE, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICE AND ITS CONTENTS IS AT THE USER'S SOLE RISK. THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, BANK OF PRAIRIE DU SAC ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY.

FINALLY, WITHOUT LIMITATION AS TO THE FOREGOING, IN REGARD TO LIMITATION OF LIABILITY. 

IN NO EVENT WILL BANK OF PRAIRIE DU SAC OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, EVEN IF BANK OF PRAIRIE DU SAC IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

USE OF SERVICE. 

Contents are included in this SERVICE solely for the personal use of SERVICE users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this SERVICE without the prior written consent of BANK OF PRAIRIE DU SAC, which may be withheld in its sole discretion.

COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY. 

Except where otherwise expressly noted or as noted below, all Contents of this SERVICE, including the graphics, icons, and overall appearance of the SERVICE, are the sole and exclusive property of The BANK OF PRAIRIE DU SAC and/or its subsidiaries or affiliates. Certain of BANK OF PRAIRIE DU SAC's trademarks and/or servicemarks are also listed below. The posting of the Contents of this SERVICE neither constitutes a waiver of any of BANK OF PRAIRIE DU SAC's proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the SERVICE user or to any third party. Contents of this SERVICE are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark, or similar notice from any Contents you obtain from the SERVICE.

The display of third-party trademarks within this SERVICE does not grant a license of any kind to the reader. Any downloading of material contained in the site, or of any site linked to the site may be a violation of federal trademark and copyright laws. Any downloading of Contents of this SERVICE or any SERVICE linked to this SERVICE may be a violation of federal and other trademark laws and federal copyright laws.

LINKS TO OTHER SERVICES.

BANK OF PRAIRIE DU SAC may establish links between this SERVICE and one or more SERVICES operated by third parties. BANK OF PRAIRIE DU SAC has no control over any such other SERVICES or the contents therein. The existence of any such links shall not constitute an endorsement by BANK OF PRAIRIE DU SAC of such SERVICES, the contents of the SERVICES, or the operators of the SERVICES.

TRANSMISSIONS TO AND FROM THIS SERVICE.

Except where expressly indicated otherwise, transmissions to and from this SERVICE or directed to BANK OF PRAIRIE DU SAC, including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at BANK OF PRAIRIE DU SAC. Please do not use email to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 1-608-643-3393 or write us instead at this address: BANK OF PRAIRIE DU SAC, PO BOX 130, PRAIRIE DU SAC, WI 53578, Attention: Online Banking Customer Service. Any transmission to this SERVICE, including emails shall be deemed and remain the property of BANK OF PRAIRIE DU SAC. BANK OF PRAIRIE DU SAC shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a SERVICE user to BANK OF PRAIRIE DU SAC through this SERVICE.

MODIFICATIONS.

BANK OF PRAIRIE DU SAC may at any time make modifications, changes, and alterations to the Contents of this SERVICE, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this SERVICE following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

ASSIGNMENT.

You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.

GOVERNING LAW.

This agreement shall be governed by and construed in accordance with the laws of the United States, and to the extent not inconsistent therewith, the laws of the State of Wisconsin, without regard to that state's rules regarding conflict of laws (collectively, "Applicable Law"). You agree that you will use the service only in accordance with Applicable Law. 

DISPUTES. 

To the greatest extent permitted by applicable law, all disputes and controversies between you and us arising out of or in connection with this Agreement shall be submitted first to negotiation and, if not resolved by negotiation, then to mediation, and, if not resolved by mediation, then to arbitration. All such negotiations and any mediation and arbitration proceedings shall be conducted promptly after written notice provided via regular mail from you or us requesting negotiations, mediation, or arbitration. An individual agreeable to both you and us having expertise in the resolution of disputes shall preside over any mediation or arbitration proceeding. Any decision rendered by a mediator shall be advisory only and shall not be final or binding. Any decision rendered by an arbitrator shall be final and binding and may be entered by any court of competent jurisdiction. All mediation and arbitration proceedings shall be conducted in accordance with the applicable rules of the American Arbitration Association. Each party (you and us) will pay its own costs, including all attorneys' fees, in relation to negotiations, mediation, or arbitration, but both parties (you and us) will equally split the costs and fees of obtaining the mediator or arbitrator.  If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

VENUE.

Disputes arising from the use of this SERVICE shall be exclusively subject to the jurisdiction of any federal or state court for the State of Wisconsin. 

SEVERABILITY.

To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.

WAIVER.

No waiver by BANK OF PRAIRIE DU SAC of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.

SERVICE CONTACT.

You may contact BANK OF PRAIRIE DU SAC by email at bank@bankpds.com, by phone at 1-608-643-3393, or by mail at: Bank of Prairie du Sac, PO Box 130, 555 Park Ave, Prairie du Sac WI 53578.

Bank of Prairie du Sac
555 Park Ave
PO Box 130
Prairie du Sac WI 53578

What This Agreement Covers

This Agreement between you and the BANK OF PRAIRIE DU SAC governs the use of Mobile Online and Mobile Banking services, hereafter referred to as “Online Banking”. These services permit BANK OF PRAIRIE DU SAC customers (consumers, sole proprietors and other business customers) to perform a number of banking functions on accounts linked to the service through the use of a web browser or mobile device or mobile smart telephone, including some credit card accounts and investment accounts with our affiliates.  Unless indicated otherwise by the context, "linked BANK OF PRAIRIE DU SAC accounts" or "linked accounts" refers to all of your accounts with BANK OF PRAIRIE DU SAC or its affiliates that you have linked to Mobile an Online Banking Service.

ACCEPTING THE AGREEMENT.

When you use any of the Mobile Online Banking services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

RELATION TO OTHER AGREEMENTS.

Your use of Online Banking services may also be affected by the agreements between us for your linked BANK OF PRAIRIE DU SAC accounts. When you link an account to Online Banking services, you do not change the agreements you already have with us for that account. Similarly, when you use Online Banking services to access a credit account, you do so under the terms and conditions we gave you in the agreement and disclosure for the credit account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Online Banking services.

HARDWARE REQUIREMENTS.

You are responsible for the installation, maintenance, and operation of your device and your software. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate your device or software correctly. The Bank is not responsible for any errors or failures from any malfunction on your device or software. The Bank is not responsible for any device virus related problems that may be associated with the use of Bank of Prairie du Sac online services system. The Bank is not responsible for your internet access or other data service you use to connect to Bank of Prairie du Sac online services. The Bank shall have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur because of your use of your device or your software. THE BANK MAKES NO WARRANTY TO YOU REGARDING YOUR INTERNET ACCESS DEVICE OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE.

You are responsible for all internet access fees and/or internet data service fees that you access by your phone, wireless, and/or internet service provider.

Overview of Services

You may use Consumer Online Banking to:

• View current balance information for your BANK OF PRAIRIE DU SAC accounts.
• Review available transaction history for your accounts.
• View check images.
• View branch locations, telephone numbers, and additional contact information.
• Set account alerts and notifications.
• View public information such as ‘about us’.
• Changing your Mobile Online Banking password.
• Send Bank secure electronic mail messages and questions.
• Transfer funds between your internal BANK OF PRAIRIE DU SAC accounts on either a one-time or recurring basis, including as a payment to a linked installment loan or mortgage.
• Transfer funds from your BANK OF PRAIRIE DU SAC personal or sole proprietor accounts to most BANK OF PRAIRIE DU SAC personal or sole proprietor deposit accounts (Pay Another Customer).
• Initiate check Stop Payments.
• Pay bills and external payees as defined by the capabilities of the electronic Bill Pay or Picture Pay Services.
• Deposit checks using the Mobile Deposit Capture Service.
• Manage your Debit Card Services by performing functions such as turning on or off the card in real time.
• View account statements.

You may use Business Online Banking to:

• Perform any of the services or complete any of the actions listed in the Consumer Online Banking Overview (with the exception of Pay Another Customer).
• Originate ACH Transactions.  ACH originations are subject to separate, additional terms and conditions. Full explanation and disclosure of ACH Origination services are made at time of enrollment for ACH Origination services. If you are a non-consumer, this Service allows you to initiate and approve (with pre-authorization), via Online Banking, ACH transactions that you instruct us to submit into the ACH network on your behalf.
• Initiate Wire Transfers. This service allows you to initiate wire transfers of funds electronically, typically from your account(s) to account(s) at other banks, via Online Banking.
• Some of the above services may not be available for certain accounts or customers.  Additional electronic banking services may be added by us from time to time at our sole discretion. By using these additional services when they become available, you agree to be bound by the terms and conditions associated with such services, as such terms and conditions are provided to you by us.

Security Procedures

You are required to use a username, as well as a password selected by you, to log into Online Banking and Online Banking for Business. You agree that we may rely on your username, password and other security procedures, as further described in this Agreement and as we may modify in our sole and exclusive discretion from time to time, to identify and authenticate you when you use the Service (hereinafter, collectively the "Security Procedures"). You agree to protect the Security Procedures to prevent unauthorized use.

You understand these Security Procedures include "enhanced log-in security" to access Online Banking and Online Banking for Business, and perform certain transactions as described in this Agreement. Enhanced login security incorporates a multi-part credential for each user in addition to their username and password. It incorporates factor(s) of identity authentication that may include, but is not limited to, additional login security features such as security cookies, Biometrics, PIN Login, and verification of personal information.

Additional required and/or optional Security Procedures may apply to you and/or to different Online Banking features. For example, in addition to username and password, customers using Online Banking for Business will have to enter a bank assigned Business ID as a third piece of identifying information at login. We will execute authenticated transfers or transactions that are in conformity with all Security Procedures and other requirements set forth in this Agreement. We may require additional authentication of any transfer or transaction request. We reserve the right to reject a transfer or transaction request that we cannot properly authenticate.

Except as is more fully discussed in this Agreement, you understand and agree that you are responsible for all transfers and payments made through the Service using the Security Procedures. You also acknowledge and agree that if you permit another party(ies) to use the Security Procedures to access the Service, or otherwise authorize them to use the Service; such permission effectively constitutes a grant of authority to access your accounts pursuant to federal regulations. You further agree that you are responsible for any and all online transactions that party(ies) makes from your Account, even if it exceeds your authorization. Subject to the terms of this Agreement, we may follow and comply with any transfer instructions entered into the Service using the Security Procedures.

For joint accounts, each person may have a separate password. Each person on a joint account will be liable for all transactions made on that account. Each person on a joint account authorizes all transactions made by any other person on the account. Each person on a joint account agrees to be liable for the actions of the other person(s) on the account.

You acknowledge and understand the importance of your role in preventing misuse of your accounts through Online Banking. You agree that it is your sole responsibility to protect the confidentiality of your account and Account number, the Security Procedures, and your personal identification information, such as your driver's license number and social security or tax identification number.

You understand that personal identification information, by itself or together with information related to your Account, may allow unauthorized entry and access to your Account. Data transfers are encrypted via Online Banking in an effort to provide transmission security. Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions are appropriately identified by each other.

We will never email you to request your username and password or your personal account information. If you suspect that an unsolicited email of this nature is fraudulent, please contact us.

Please observe the following guidelines. Remember that you may be liable for the unauthorized use of your username and/or password.

• Do not give or disclose any part of your password to anyone, including any Bank employee, particularly while on the telephone or on-line or while using the Internet.
• Do not leave your account information viewable in an open area accessible by others, including your computer screen.
• Do not send your username, password, or privileged account information over any public or general email system.
• Do not leave your computer unattended while you are connected to BANK OF PRAIRIE DU SAC online services.
• You should not use a public computer to access Online Banking. You agree that if you access the Service from a computer other than your own (such as a public computer terminal at a library or internet cafe); you will not leave the computer unattended while using the Service.
• When you finish your online banking session, use the logoff button to exit Online Banking. It is good practice to use the log off feature with all online services instead of simply closing your browser. 'Logging off' ensures that you are completely logged off the service.
• If other people have access to your PC, clear your browser's cache in order to remove copies of web pages that may have been stored temporarily on your system. Refer to your browser's help for instructions on clearing your cache.

We will not be liable to you for any losses that may result from your failure to follow these security provisions.

Internal Account Transfers

Transfers can be made in 2 ways, on a one-time basis, or as a recurring transfer. One-time transfers may be immediate or scheduled for a future date. In addition to one-time transfers, the recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, a $100 transfer from a checking to a savings account which occurs every 2 weeks.

• One-time immediate transfers can be made from a linked BANK OF PRAIRIE DU SAC checking, savings, money market, or line of credit, to most linked BANK OF PRAIRIE DU SAC accounts.
• Scheduled and recurring transfers can be made from a linked BANK OF PRAIRIE DU SAC checking, savings, or money market account to a linked checking or savings account.
• One-time Transfers to a deposit account are immediately reflected in the account's available balance. One-time Transfers from a line of credit account are immediately reflected in the account's available credit amount.
• All one-time transfers submitted to a deposit account (such as checking, savings, money market) are immediately reflected in the account's available balance.
• Transfers to any deposit account on a Saturday, Sunday or bank holiday, will appear with our next business day's date in the deposit account transaction history.
• Transfers scheduled for a weekend or a non-bank business day will be processed on the prior bank business day. All other scheduled and recurring transfers will be processed from the funding account at the beginning of the business day requested.
• For transfers made before 5:30 p.m. Central Time on a Business Day we are open, that Business Day will be the Transaction Date. Otherwise, the Transaction Date will be the next Business Day we are open.

LIMITATIONS ON INTERNAL ACCOUNT TRANSFERS.

• One-time immediate transfers between linked BANK OF PRAIRIE DU SAC accounts can be for any amount from $.01 to $999,999,999.00. Security call-backs may be required.
• Transfers submitted to the accounts of other BANK OF PRAIRIE DU SAC customers may be subject to daily or weekly limitations.  In addition, we may limit the total amount of money that any BANK OF PRAIRIE DU SAC customer/member can receive through these transfers.
• Scheduled transfers between linked BANK OF PRAIRIE DU SAC accounts can be for any amount from $.01 to $999,999,999.00. Security call-backs may be required.
• All transfer limits are subject to temporary reductions to protect the security of customer/member accounts and/or the transfer system.
• At the BANK OF PRAIRIE DU SAC’s discretion, we may refuse to process any transaction that exceeds any of the above limits.  In this case, you are responsible for making alternate transfer arrangements.
• Your deposit agreement with Bank of Prairie du Sac imposes limits on the number of certain types of withdrawals and transfers you can make each month from a savings and money market deposit account. You can make no more than a total of six (6) automatic or preauthorized transfers, telephone transfers, or Online Banking transfers or payments from a savings or money market deposit account each monthly statement cycle (each month for savings accounts with a quarterly statement cycle). If checks or debit cards are allowed on the account, no more than three of the six (6) transfers may be made by debit card purchase, check or similar order. If you exceed these limits on more than an occasional basis, we may convert your account to another type of account and your account may no longer earn interest.

TRANSFER AUTHORIZATION AND SUFFICIENT AVAILABLE FUNDS.

• You authorize BANK OF PRAIRIE DU SAC to withdraw, debit, or charge the necessary funds from your designated account in order to complete all of your designated transfers. and payments.
• You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of the withdrawal.
• The completion of a transfer or payment is subject to the availability of sufficient funds (including any overdraft protection plans) at the time the transaction is posted. If enough funds to complete the transfer or payment are not available, we may either (i) complete the transaction and overdraw the account or (ii) refuse to complete the transaction. In either case, we may charge a non-sufficient funds (NSF), returned item, overdraft, or similar fee. Please refer to the applicable account agreement and fee schedule for details. If you schedule a payment from an account maintained at another financial institution and there are insufficient funds in that account, you may be charged a fee by that financial institution.
• BANK OF PRAIRIE DU SAC is under no obligation to inform you if a payment or transfer is not completed because there are non-sufficient funds or credit in your account to process the transaction. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer.

CANCELING TRANSFERS.

• You cannot cancel a 1-time immediate transfer after it has been submitted in Online Banking and the information has been transmitted to us.
• Future-dated and recurring transfers can be canceled prior to 5:30 p.m. CT on the bank business day prior to the date the transfer is scheduled to be made. If the transfer's status is In Process or Processed, you can no longer cancel it. After you cancel a future-dated transfer, the status changes to Canceled. Canceled transfers remain under Review Transfers.
• The easiest and most convenient way to cancel a payment or transfer is within Online Banking, through the method described above. However, you may request to cancel a scheduled or recurring payment or a future-dated transfer by calling us at 608-643-3393. We must receive your request three (3) bank business days or more before an external payment or transfer is scheduled for processing. An internal transfer between accounts may be canceled one (1) bank business day before the date of transfer. If you call, we may also require you to put your request in writing and return it to us within 14 day. If you call or write to cancel a payment or transfer that is Pending, you will be charged for a stop payment in accordance with the agreement for the appropriate linked account.

Account Alerts

The SERVICE provides optional, voluntary account and security alerts associated with certain modules of Online Banking that must be activated by you. Account alerts allow you to choose alert messages that are account-based or date-based. We may add new alerts from time to time, or cancel old alerts. Each alert has different options available, and you may select from among these options upon activation of your alerts service.

Voluntary alerts are subject to the following:

• Online Banking electronic alerts will be sent to the email address or mobile device identified by you via the alerts section of Online Banking.
• You understand and agree that your alerts may be delayed or prevented by a variety of factors. Bank will use commercially reasonable efforts to provide alerts in a timely manner with accurate information. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert.
• You agree that we are not responsible for any costs or fees incurred resulting from alerts directed by you.
• You understand that alerts are not encrypted. Bank will never include your Username or password or full account number(s). However, alerts may include your name and some information about your accounts, depending upon your selection of specified alerts.

Text Banking

Your use of the Text Banking Services constitutes your agreement to these terms and conditions. BANK OF PRAIRIE DU SAC may, at any time, amend these conditions or modify these conditions, as well as, modify or cancel the Service or any of its features without notice. We will notify you of any material changes via email or on our website(s) by providing a link to the revised Agreement or description of Services. Your continued use of the Services will indicate your acceptance of the revised Agreement and Services.  Other agreements you have entered into with BANK OF PRAIRIE DU SAC, including the Online Banking Services Agreement, Electronic Funds Transfer Agreement and other Disclosures governing your BANK OF PRAIRIE DU SAC account, are incorporated by reference and made a part of this Agreement.

• You agree to provide BANK OF PRAIRIE DU SAC with a valid cellular/mobile phone number. You agree that BANK OF PRAIRIE DU SAC may send you text messages through your wireless provider.
• BANK OF PRAIRIE DU SAC does not charge for this Service; however, your wireless provider may impose fees and charges for this Service. You agree that you are responsible for these fees and charges associated with the text messages. BANK OF PRAIRIE DU SAC will not be held liable for such fees.
• You understand that the balances provided may not include recent or pending transactions that have yet to be posted to your account and other possible restrictions may apply.
• You agree to notify BANK OF PRAIRIE DU SAC immediately when there are any changes to your registered Device. In the event of unauthorized transactions or access to your Device and/or Service, you agree to cancel enrollment immediately. You are responsible for maintaining the security of your Device.
• You agree to indemnify, defend, and hold BANK OF PRAIRIE DU SAC harmless from any third-party claims, liability, damages, or costs arising from your use of the Service or from you providing BANK OF PRAIRIE DU SAC with a phone number that is not your own.
• You agree that BANK OF PRAIRIE DU SAC will not be held liable for failed, delayed, or misdirected delivery of, any information sent through the Service; any errors in such information; any action you may or may not take in reliance on the information or Service; or any disclosure of account information to third parties resulting from your use of the Service. BANK OF PRAIRIE DU SAC will not be liable to you for special, indirect, or consequential damages.
• You understand the limitations of this Service. This Service is limited to account balances, transfers between internal accounts, and recent transactions (limited to the last 3). You understand your periodic statement should be reviewed on a monthly basis and is considered your official record of your account.
• Should you have any questions, you may contact BANK OF PRAIRIE DU SAC at 608-643-3393, or from your mobile phone by sending a text message with the word, "HELP" to 59217.  Text the word “STOP” to opt out of the Service via SMS text message.

Mobile Deposit Capture

Your use of the Mobile Check Deposit Services constitutes your agreement to these terms and conditions. BANK OF PRAIRIE DU SAC may, at any time, amend these conditions or modify these conditions, as well as, modify or cancel the Service or any of its features without notice. We will notify you of any material changes via email or on our website(s) by providing a link to the revised Agreement or description of Services. Your continued use of the Services will indicate your acceptance of the revised Agreement and Services.  Other agreements you have entered into with BANK OF PRAIRIE DU SAC, including the Online Banking Services Agreement, Electronic Funds Transfer Agreement and other Disclosures governing your BANK OF PRAIRIE DU SAC account, are incorporated by reference and made a part of this Agreement.

LIMITATIONS OF SERVICE.

When using the Services, you may experience technical or other difficulties.  We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

ELIGIBLE ITEMS.

You agree to scan and deposit only checks (i.e., drafts drawn on a bank, credit union, or other financial institution and payable on demand) as the term is defined in Federal Reserve Regulation CC (“Reg. CC”).  You agree that the image of the check transmitted to Bank of Prairie du Sac shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

You agree that you will not use Mobile Deposit to deposit:

• Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you).
• Checks payable to you and another party who is not a joint owner on the account.
• Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
• Checks or items previously converted to a substitute check, as defined in Reg. CC.
• Checks or items drawn on a financial institution located outside the United States.
• Checks or items that are remotely created checks, as defined in Reg. CC.
• Checks or items not payable in United States currency.
• Checks or items dated more than 6 months prior to the date of deposit.
• Checks or items prohibited by Bank of Prairie du Sac’s current procedures relating to Services which are not acceptable under the terms of your Bank of Prairie du Sac account.
• Checks payable on sight or payable through drafts, as defined in Reg. CC.
• Checks with any endorsement on the back other than that specified in this agreement.

IMAGE QUALITY.

Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check.  The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.

ENDORSEMENTS.

Endorsements must be made on the back of the check within 1½ inches from the top edge, although we may accept endorsements outside this space.  Your endorsement must include your signature and “via mobile deposit at Bank of Prairie du Sac”.  Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. 

A check payable to two payees must be endorsed by both payees.  If the check is payable to you or your joint owner, either of you can endorse it.  If the check is made payable to you and your joint owner, both of you must endorse the check.

RECEIPT OF DEPOSIT. 

All images processed for deposit through Mobile Deposit will be treated as “deposits” under your current Account Agreement with us and will be subject to all terms of the Account Agreement, unless stated differently in this Mobile Deposit Service Agreement.  When we receive an image, we will confirm receipt via e-mail to you.  We shall not be deemed to have received the image for deposit until we have confirmed receipt to you.  Confirmation does not mean that the image contains no errors.  We are not responsible for any image that we do not receive. 

Following receipt, we may process the image by preparing a “substitute check” or clearing the item as an image. 

We reserve the right, at our sole and absolute discretion, to reject any image for mobile deposit into your account.  We will notify you of any rejected images via e-mail at the address we have on record in online banking.

FUNDS AVAILABILITY. 

You agree that items transmitted using Mobile Deposit are not subject to the funds availability requirements of Federal Reserve Board Regulation CC.  If an image of an item you transmit through Mobile Deposit is received and accepted before 5:00 p.m. Central Time on a business day that we are open, we consider that day to be the day of your deposit.  Otherwise, we will consider that the deposit was made on the next business day we are open.  Bank of Prairie du Sac may delay availability of funds based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Bank of Prairie du Sac, in its sole discretion, deems relevant.

DISPOSAL OF ORIGINAL CHECKS.

After you receive confirmation that we have received an image, you must securely store the original check for 14 calendar days after transmission to us and make the original check accessible to us at our request.  Upon our request from time to time, you will deliver to us within 10 calendar days, at your expense, the requested original check in your possession.  If not provided in a timely manner, such amount will be reversed from your account.  Promptly after such period expires, you must destroy the original check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction.  After destruction of an original check, the image will be the sole evidence of the original check. 

You agree that you will never re-present the original check.  You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.

RETURNED DEPOSITS.

Any credit to your account for checks deposited using Mobile Deposit is provisional.  If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check.  Fees for any returned and chargeback items will be assessed per your Deposit Account Agreement.  Without our approval, you shall not attempt to redeposit or otherwise negotiate an original check if it has been charged back to you. 

We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.

LIMITS. 

We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.

ERRORS.

You agree to notify BANK OF PRAIRIE DU SAC of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable BANK OF PRAIRIE DU SAC account statement is sent. Unless you notify BANK OF PRAIRIE DU SAC within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against BANK OF PRAIRIE DU SAC for such alleged error.

PRESENTMENT.

The manner in which the items are cleared, presented for payment, and collected shall be in BANK OF PRAIRIE DU SAC’s sole discretion subject to the Account Agreement and Disclosures governing your account.

WARRANTIES. 

You make the following warranties and representations with respect to each image:

• Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
• The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
• You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid. 
• There are no other duplicate images of the original check.
• The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
• You are authorized to enforce and obtain payment of the original check.
• You have possession of the original check and no party will submit the original check for payment.

With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule.  You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

COMPLIANCE WITH LAW.

You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.

Bill Pay

Your use of the Bill Pay Services constitutes your agreement to these terms and conditions. BANK OF PRAIRIE DU SAC may, at any time, amend these conditions or modify these conditions, as well as, modify or cancel the Service or any of its features without notice. We will notify you of any material changes via email or on our website(s) by providing a link to the revised Agreement or description of Services. Your continued use of the Services will indicate your acceptance of the revised Agreement and Services.  Other agreements you have entered into with BANK OF PRAIRIE DU SAC, including the Online Banking Services Agreement, Electronic Funds Transfer Agreement and other Disclosures governing your BANK OF PRAIRIE DU SAC account, are incorporated by reference and made a part of this Agreement.

You may make payments through Bill Payment Service (“BILL PAY SERVICE”) to any business, person or professional ("PAYEE") that has an address which can verified. Bill Payments (“BILL PAYMENTS”) may be made only to Payees with a United States payment address. BILL PAY SERVICE reserves the right to refuse to accept any bill payment transaction. BILL PAYMENTS for alimony, child support, taxes, government fees, or court ordered payments are not always accepted.  You can make these payments, but BILL PAY SERVICE does not guarantee that it will be accepted or posted in a timely fashion.  You must do so at your own risk.

METHOD OF PAYMENT.

BILL PAYMENTS will be sent to the PAYEE either electronically or by paper check mailed to the PAYEE via the U.S. Postal Service. The choice of electronic or paper check is solely at the discretion of BILL PAY SERVICE.  Checks, electronic payments, and withdrawal orders of any kind can be drawn on your Account in any order. You should be aware that other transactions (such as ATM, telephone banking, on-line transfers or in-branch withdrawals) may affect the amount of funds available to make your payment.

AVAILABLE FUNDS.

When you schedule a bill payment transaction, you authorize BANK OF PRAIRIE DU SAC to reduce the Account balance accordingly. If the available balance in the Account is not sufficient to make payments you have authorized, BANK OF PRAIRIE DU SAC may either refuse to pay the item or make the payment and thereby overdraw the account. In either event, you are responsible for any insufficient funds and overdraft charges may be impose, as stated in BANK OF PRAIRIE DU SAC’s fee and disclosure statements. BANK OF PRAIRIE DU SAC reserves the right to refuse to honor payment requests that may reasonably appear to be fraudulent or erroneous.

SCHEDULING A PAYMENT.

When a BILL PAYMENT is scheduled, an estimated delivery date is given, based on the method of delivery being used to make the payment.  However, payments should be scheduled at least five (5) business days before the business day on which a bill payment is due to ensure that BILL PAY SERVICE has sufficient time to process and deliver the payment. BILL PAY SERVICE is not responsible for payment delivery delays caused by the U.S. Postal Service or for payment processing delays after the PAYEE has received the payment. Any charges imposed as a result of your failure to transmit bill payment transactions at least five (5) business days before a payment is due are your responsibility. BILL PAY SERVICE’s responsibility for any late payment beyond this time frame is strictly limited to the late charge only, up to a MAXIMUM of $50. The BILL PAY SERVICE is not responsible for finance charges, interest, indirect, incidental, special or consequential damages related to the late payment

TRANSACTIONS NOT COMPLETED.

The SERVICE will use its best efforts to make all your payments properly. However, the SERVICE shall incur no liability and any guarantee shall be void if the SERVICE is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

• If, through no fault of the SERVICE, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
• The payment processing center is not working properly and you know or have been advised by the SERVICE about the malfunction before you execute the transaction;
• You have not provided the SERVICE with the correct Payment Account information, or the correct name, address, phone number, or account information for the PAYEE; and/or,
• Circumstances beyond control of the SERVICE (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the SERVICE has taken reasonable precautions to avoid those circumstances.

PAYEE LIMITATION.

The BILL PAY SERVICE reserves the right to refuse to pay any PAYEE to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RECURRING PAYMENTS. 

BILL PAY SERVICE may be used to authorize automatic recurring BILL PAYMENTS of repetitive bills. You may schedule recurring payments to be automatically initiated for a fixed amount on a weekly, biweekly, monthly, quarterly, or annual basis. The day on which the payment is to be sent is referred to as the "Date/Recurrence." If the payment date/recurrence is scheduled for a non-business day, it will be processed on the prior business day.

PAYEE PARTICIPATION.

Occasionally a Payee may choose not to participate in Bill Pay or may require additional information before accepting payments. We will work with these Payees to encourage them to accept an electronic or check payment from BANK OF PRAIRIE DU SAC. If we are unsuccessful, or if we determine that the Payee cannot process payments in a timely manner, we may decline future payments to this Payee. In the unlikely event that this occurs, we will promptly send you a notice. Any obligations that you wish to pay through Online Banking with Bill Pay must be payable in U.S. dollars to a Payee located in the United States. We reserve the right to restrict categories of Payees to whom payments may be made using the service. You should not use the service to make:

• Tax payments
• Court-ordered payments
• Payments to settle securities transactions

ACCOUNT LIMITATIONS.

Each transfer or payment through the Online Banking services from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each statement period. We recommend that you not use a savings or money market deposit account as your bill payment account because of these limits on transfers. Please review the deposit agreement for your account for more information.

STOPPING BILL PAYMENTS.

The following steps may be taken to delete or stop pending BILL PAYMENTS:

• If you have scheduled a BILL PAYMENT and would like to cancel the payment, you must do so before the payment is processed.  The time varies based on the settlement method being used for the payment.  If you cannot access the on-line banking service to request that the payment be deleted, please contact BANK OF PRAIRIE DU SAC for further assistance.
• You cannot delete or cancel a payment after it has been processed. BANK OF PRAIRIE DU SAC is liable, only if you notify BANK OF PRAIRIE DU SAC at least one (1) business day or more before the scheduled payment date. Otherwise, BANK OF PRAIRIE DU SAC is not responsible for any indirect, incidental, special or consequential damages, except to the extent such limitation of liability is not permitted by law.
• Once the on-line payment has been processed, you CANNOT delete or stop BILL PAYMENTS settled electronically. You may be able to stop a BILL PAYMENT only if it has been paid by paper check. To stop an on-line paper payment, contact BANK OF PRAIRIE DU SAC’s customer service department. BANK OF PRAIRIE DU SAC will only be able to stop the on-line check payment if the paper check has not cleared and is able to process the stop payment request before the check clears. To be effective, this type of stop payment request must precisely identify the name of the Payee, the Payee-assigned account number, payment amount and date you scheduled the payment to be processed. If you call, BANK OF PRAIRIE DU SAC will also require you to put your request in writing and return it within fourteen (14) calendar days after you call. BANK OF PRAIRIE DU SAC will charge your account our regular fee for each stop payment order you give. BANK OF PRAIRIE DU SAC will not be responsible for failing to act on a stop payment if you do not provide the correct Payee information or if BANK OF PRAIRIE DU SAC does not have a reasonable opportunity to process the stop payment order.

PICTURE PAY

SERVICE DEFINITIONS

"Service" means the Picture Pay Service offered by Example Bank, through Allied Payment Network.

"Agreement" means these Terms and Conditions of the Picture Pay Service.

"Payee" is the person or entity to which you wish a Picture Pay to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a Picture Pay to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which Picture Pays will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

Payment Delivery Type/ Expected Delivery

Standard Electronic

3 Business Day – We collect on day one and send the payment on day two for posting to creditor on day three (depending on the biller it’s more like 2-3 days for posting).

Expedited Electronic

2 Business Day - We collect and send the payment on day one for posting on day two (depending on the biller it’s more like 1-2 days for posting).

Same Day Electronic

Same Day - This settlement is the same as the expedited but through billers that promise to post the payment on the same day.

Standard Paper

4 Business Day - Paper payments are sent on day one the delivery date is dependent on how far away the payee is. Never more than 4 business days.

Over Night Paper

1 Day - We send the payment the same day and the check reaches its destination the following day.

THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

STOP PAYMENT REQUESTS

The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

PROHIBITED PAYMENTS

Payments to Payees outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 800-666-6666 during customer service hours. Wording for Sponsors with e-mail contact only: you must notify the Service at once by using the application's e-messaging feature.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

ERRORS AND QUESTIONS

In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

1. Telephone us at 608-643-3393 during customer service hours;
2. Write us at: Bank of Prairie du Sac; PO Box 130, Prairie du Sac, WI 53578

If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

1. Tell us your name and Service account number;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

1. Where it is necessary for completing transactions;
2. Where it is necessary for activating additional services;
3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
4. To a consumer reporting agency for research purposes only;
5. In order to comply with a governmental agency or court orders; or,
6. If you give us your written permission.

SERVICE FEES AND ADDITIONAL CHARGES

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
5. The Service is authorized to report the facts concerning the return to any credit reporting agency.

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

ADDRESS OR BANKING CHANGES

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

PAYEE LIMITATION

The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RETURNED PAYMENTS

In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Service.

INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service 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.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflicts of laws provisions.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

FUNDS TRANSFER

BANK OF PRAIRIE DU SAC uses as its agent, Finastra, and other financial intermediaries (collectively, the SERVICE PROVIDER) to accomplish funds transfers. You may also have other agreements with another financial institution that holds your account that apply to your account but not to this service.

This service allows you to initiate or authorize funds transfers between accounts or people you have designated using the Funds Transfer Service (an "ACH Transfer"). You authorize us as the financial institution to (i) accomplish this transfer through the Automated Clearing House ("ACH") and (ii) to use the SERVICE PROVIDER as our agent for this purpose.

You understand that BANK OF PRAIRIE DU SAC and its SERVICE PROVIDER may originate more than one ACH entry (for example, a paired credit and debit entry) to accomplish the transfer you are requesting or authorizing. These ACH entries may be originated in any sequence (for example, a credit may be provided to you in advance of settlement on a paired debit entry against your account). You authorize the bank or our SERVICE PROVIDER to resubmit debit entries against your account as needed to fulfill the ACH Transfer you have requested. If this is a recurring ACH Transfer, this authorization will continue in full force and effect until such time as you cancel the recurring ACH Transfer as provided below.

The sections below also apply to anyone using the service, whether to send or to receive funds:

• Person to Person or Account to Account transfers have a daily transfer limit, for security reasons.
• You represent that you are at least eighteen (18) years old, a resident of the United States and have a valid e-mail address. You represent that you are the owner of the applicable debit and/or credit accounts and have the right to access, use, and authorize us and our agents to initiate ACH entries to debit or credit such accounts in the amount you have specified.
• You agree to comply with the National Automated Clearing House Association ("NACHA") rules when as the Originator (as defined under NACHA rules) you initiate funds ACH Transfers to or from your accounts or accounts of another person. You authorize the SERVICE PROVIDER to be an Originator and to use an Originating Depository Financial Institution ("ODFI") (as defined under NACHA rules) chosen by it where appropriate to process your request to the Financial Institution.
• If you are requesting funds to be transferred from an account held by another person to an account you have with us, you authorize us and our SERVICE PROVIDER to send an e-mail or SMS text message on your behalf requesting him or her to authorize the funds transfer to you.
• You accept our appointment of the SERVICE PROVIDER as our agents to electronically process your funds transfers on our behalf as you have instructed, subject to the terms and conditions stated herein. You understand and agree that the SERVICE PROVIDER is not acting as a fiduciary, trustee or money transmitter, or providing escrow service, with respect to your funds, but only acting as BANK OF PRAIRIE DU SAC’S processor.
• You agree to use the service for legal purposes only and not in violation of any U.S. or foreign laws, including but not limited to, laws and regulations designed to prevent money laundering or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations promulgated by the U.S. Treasury Department, such as sanction laws administered by the Office of Foreign Asset Control. You agree that if we suspect or believe a transaction is unlawful or even suspicious, we may block the transaction and take any other action we deem to be reasonable. This includes acting to prevent violations of the Unlawful Internet Gambling Enforcement Act of 2006 ("UIGEA") and these Terms of Service. If you are a non-consumer, you certify that you are not now engaged, and will not use the service, in any activity or business that is unlawful under the UIGEA. You agree not to use the service in any manner that could damage, disable, overburden, or impair the service or interfere with any other parties use and enjoyment of the service.
• If you will be using an account at another financial institution to initiate ACH Transfers using this Funds Transfer Service, you authorize us and our SERVICE PROVIDER to make small deposits and/or withdrawals to the target account to confirm your control of that account (and to reverse these after the test is completed). The withdrawal amount(s) will never be greater than the deposit amount(s). You agree to verify online the amounts of such deposits and/or withdrawals. We will not transfer the funds in this case until verification is made, and neither we nor our SERVICE PROVIDER shall have any liability to you for failure to initiate the funds transfer you have requested due to your failure to complete the authorization process. Notwithstanding the foregoing, some accounts you have at another financial institution may be used without this verification process.
• We and our SERVICE PROVIDER will process your funds transfer request based on the information you provide. Any errors in the information (including incorrect or inconsistent account names, account numbers or ABA routing numbers) that you provide to us are your responsibility. We and our SERVICE PROVIDER are not required to investigate discrepancies between account numbers and names on the account, and you agree that we and our SERVICE PROVIDER are not responsible for investigating such discrepancies and may execute an ACH Transfer using account number information only, even if the name and the account number do not match. You agree to use a browser or mobile application that at a minimum provides a level of security equivalent to 128-bit RC4 or current commercially reasonable security standard encryption when accessing or using the service to initiate or approve ACH Transfers.
• If an account of yours has a joint account holder, you represent and warrant that each joint account holder has consented to the ACH Transfer(s), whether sending funds or receiving funds.
• You may not be able to cancel or revoke an ACH Transfer once you have submitted or approved it since processing begins immediately or soon after your approval is received by us. For your rights in placing a stop payment on your account, refer to the Electronic Funds Transfer Agreement and Disclosures. You may stop payment of a recurring ACH transfer orally or in writing at least three business days before the scheduled date of the transfer. If processing has not begun, you may be allowed to cancel or delete ACH transfers from the "History" tab: ACH Transfers with a status of pending may be cancelled; recurring ACH Transfers may be deleted prior to submission of the next transfer.
• All accounts must be located in the U.S. No International transactions are supported.
• The typical time to transfer funds with us using the ACH network is three to five business days (that is, days we are open but excluding bank holidays and weekends). If we permit you to initiate an expedited transfer, this time may be reduced to one to two business days. However specific transaction times may vary, and neither we nor our SERVICE PROVIDER guarantee any specific turnaround time to complete your funds transfer. You should check your accounts to see your ACH Transfers. If you are sending funds, you should check with the intended recipient of the funds to confirm the status of the funds.
• You agree that credits to your account are provisional and subject to return or reversal if we or our SERVICE PROVIDER receives returns or reversals from the ACH originator or if the bank must otherwise reverse an ACH Transfer (including for failure to receive final payment). After the bank has received final payment on ACH credits, these deposits are referred to as collected items. BANK OF PRAIRIE DU SAC also reserves the right to refuse to process or to return all or any funds transferred.
• We or our SERVICE PROVIDER, in our sole and absolute discretion, have the right to reject, reverse, or cancel any ACH Transfer you initiate, and/or restrict or condition your ability to use the service, at any time for any reason or no reason, including but not limited to (a) insufficient funds in an account being debited; (b) suspicious activity; (c) order of any law enforcement agency or other legal process; (d) inability to verify information you or others provide or are asked to provide; (e) providing us with false or inaccurate information; (f) hacking, tampering or impacting the service functionality, availability or security; (g) using the service for unlawful purposes (as determined by us in good faith, but without the need for inquiry); or (h) failing to cooperate with any information request.

Other Terms and Conditions

MONTHLY SERVICE CHARGE.

Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is no monthly service charge for accessing your linked accounts with the Mobile Online Banking service.

OTHER CHARGES.

In addition to the fees already described in this Agreement, you should note that depending on how you access Online Banking you might incur charges for:

• Normal account fees and service charges.
• Any Internet service provider fees.
• Purchase of computer programs such as Personal Financial Management (PFM) software.
• Transfers or Payments made through Online Banking services from a savings or money market account may result in an excess transaction fee. See your savings or money market account for details.
• Fees may be assessed for added self-service features available through Online Banking customer/member service, such as stop payment requests, check copy orders and account statement copy orders. For additional information, please see the applicable Deposit Agreement.
• An NSF-fee, returned item, overdraft or similar fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled or, in the case of a personal check, on the date when the check is presented to us for payment.
• We may charge you a research fee of $15.00 per hour for an inquiry about a transaction that occurred more than 180 days before the date you make the inquiry. This fee will be waived if we determine that an error occurred.
• An expedited mail fee may be charged if this service is chosen when sending a check payment.

SERVICE HOURS.

Online Banking services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed online when you sign on to Online Banking. Our Call Centers are available from 8:30 a.m. to 4:30 p.m. CT on weekdays and from 9:00 a.m. to 12:00 p.m. CT on Saturdays, excluding bank holidays.  

BUSINESS DAYS.

For Online Banking services, our business days are Monday through Friday, excluding bank holidays. 

CANCELING YOUR ONLINE BANKING.

Your Online Banking remains in effect until terminated by you or BANK OF PRAIRIE DU SAC. You may cancel your service at any time by notifying us of your intent to cancel in writing, through Online Banking secure mail, or by calling Online Banking customer service at 608-643-3393. This cancelation applies to your Online Banking services and does not terminate your BANK OF PRAIRIE DU SAC deposit or credit accounts.

In addition to cancelation of your Online Banking app, you may request that your digital account data be deleted from the Online Banking app. Please note that this is not a deletion of your account(s) with BANK OF PRAIRIE DU SAC. If you choose to delete your digital account data, our SERVICE PROVIDER will archive only the user data from the Online Banking app to facilitate account recovery. The archived user data includes information that links the user to their bank account(s) and their personalized settings. Archived user data cannot be used to access financial accounts or other protected information. This archived data is retained indefinitely by the SERVICE PROVIDER for the duration of the business relationship with BANK OF PRAIRIE DU SAC, after which time it is permanently deleted.

We may terminate your participation in Online Banking services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obligated to do so.

If you choose to cancel your Online Banking services, any unprocessed transfers, external transfers and/or payments created in Online Banking will be canceled. We recommend that you cancel any scheduled transfers, external transfers, and/or scheduled payments prior to notifying us that you are discontinuing the service. BANK OF PRAIRIE DU SAC will cancel any scheduled transfers, external transfers, and/or payments within two (2) bank business days from the date we receive your request to discontinue the service. If you close your primary checking account, or if it's no longer linked to your service, your Online Banking service will end, and any unprocessed scheduled transfers, external transfers and/ or payments will be canceled. Canceling Online Banking may also affect specific account qualifications, as outlined in the Personal Account Truth in Savings Disclosure.

JOINT ACCOUNTS.

When your Online Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. Joint accounts using the same Online ID will be identified as one service.

CHANGES TO AGREEMENT.

We may change this agreement at any time. For example, we may add, delete, or amend terms or services. We will notify you of such changes by mail or electronic message. If you initiate any transfer of funds or bill payment through your Online Banking after the effective date of a change, you indicate your agreement to the change.

USE OF EXTERNAL EMAIL ADDRESS.

With Online Banking services we may send messages to your external email address and notify you that responses to your payment inquiries or customer/member service inquiries are available, or as otherwise described within the Online Banking services. If you subscribe to e-Bills service, we may also use external email to notify you that you have new bills. We cannot act on instructions sent by you from an external email address. You should use Online Banking secure mail to send instructions to the BANK OF PRAIRIE DU SAC. If, for any reason your external email address changes or becomes disabled, please contact the BANK OF PRAIRIE DU SAC immediately so that we can continue to provide you with automated messages. You may notify us of any changes to your external email address through Secure Messaging or the Contact Us option within your Online Banking service.

CONTACT BY BANK OF PRAIRIE DU SAC OR AFFILIATED PARTIES.

No BANK OF PRAIRIE DU SAC or Payee employee, nor any company affiliated with BANK OF PRAIRIE DU SAC mobile Online Banking will contact you via email or phone requesting your mobile User ID or mobile password. If you are contacted by anyone requesting this information, please contact us immediately.

DISCLOSURE OF ACCOUNT INFORMATION.

We may disclose information to third parties about you or your transactions in the following instances:

• When it's necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment
• To verify the existence and condition of your account for a third party, such as a credit bureau or merchant
• To comply with a government agency or court orders, or in connection with fraud prevention or an investigation
• If you give us your permission
• With our affiliates as permitted under Federal and applicable state laws
• On a closed account, if we reasonably believe you have mishandled it
• For additional information, see our Privacy Policy at https://bankpds.com

LIMITATION OF LIABILITY FOR ONLINE BANKING TRANSACTIONS.

Tell us at once if you believe your Online Banking password has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection plan.

You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been mailed to you (or 90 days if the transaction was from an account maintained at another financial institution). If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period (or 90-day period if the transaction was from an account maintained at another financial institution), if we can show that we could have stopped the transaction if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.[BK7]

When you give someone your Online Banking User ID and password, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.

Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.

For your protection, sign off after every Online Banking session.

OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS.

If we do not complete a transaction to or from your account on time, or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable:

• If, through no fault of ours, you don't have enough available funds in your account (or available funds under your overdraft protection plan), or credit to cover the transaction or transfer
• If Online Banking services weren't working properly, and you knew about the malfunction when you started the transaction or transfer
• If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken
• If there are postal delays or processing delays by the Payee

There may be other exceptions not specifically mentioned.

 

Member FDIC

Equal Housing Lender

Routing/ABA #075909204

NMLS #673057

Call Us: 608.643.3393

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