Online Banking and Mobile Banking Agreement and Disclosure
By Clicking Accept you are agreeing to the terms and conditions of Cleveland State Bank Online Banking (“Online Banking”). Please read this agreement carefully and keep a copy for your records. These terms and conditions are in addition to Electronic Funds Transfer disclosure, Funds Availability disclosure, and the Truth in Savings disclosure provided to you at account opening. You may use your username and password to access your accounts online 24 hours a day at www.clevelandstate.bank. However, there may be times when Online Banking is not available due to system maintenance or periods of unexpected interruptions.
I agree that by using Online Banking, I am authorizing Cleveland State Bank to transfer funds or make payments, and I authorize Cleveland State Bank to withdraw from the designated account the amount of funds required to complete the transaction(s). In addition, I authorize Cleveland State Bank to honor requests for new account services, instructions to change existing account information or services, and process other communications received through the Online Banking. I understand that I can terminate the Online Banking service at any time by providing written notice to Cleveland State Bank. In addition, I acknowledge that Cleveland State Bank has the right to discontinue the Online Banking service at any time.
ISSUANCE OF YOUR PASSWORD
Using a personal computer, Online Banking allows you to perform transactions on your accounts 24 hours a day, seven days a week, including holidays. By connecting to Online Banking with your personal computer and proper authentication, you are requesting access to your account information using Online Banking. You agree that the security information shall be kept strictly confidential and will be used only to access your Cleveland State Bank accounts via Online Banking. Online Banking allows you to change your password at any time. It is recommended that you memorize your username and password and do not write it down. You are responsible for all payments you authorize using Online Banking. 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, you must notify us immediately at 920-693-8256 during business hours.
You may access your accounts via Online Banking using your password to:
- Transfer funds between your savings and checking accounts,
- Transfer funds to your savings and checking accounts by obtaining an advance on any of your line of credit accounts,
- Make your loan payments by transferring funds from your savings or checking accounts,
- Re-order checks.
You may withdraw and transfer up to the current available balance in your accounts. Transfers from your savings accounts are restricted by Federal Regulation D. Please refer to transaction limitations from savings accounts. All transactions made through Online Banking will be listed on your monthly account statement. You will not receive a receipt or confirmation for any transaction made through Online Banking.
There is no limitation to the number of Online Banking or Bill Pay payment transactions you may make per month, subject to the limitations of Regulation D, provided there are sufficient funds to complete the transactions. For security purposes, a maximum dollar amount for withdrawals and transfers may be imposed.
No fees will be assessed for online banking services unless additional specialty services are chosen as outlined in the bank’s fee schedule.
You may also access your account using your mobile phone. Enrollment in Online Banking is required to access Mobile Banking. Data usage fees from your phone provider may apply.
This service offers the capability to access your account documents within Online Banking. You will be required to agree to the eDocument Agreement and Disclosure. Once enrolled in the service you will no longer receive paper documents.
DOCUMENTS SENT ELECTRONICALLY
The documents that will be sent electronically include communication for important notices and/or product and service announcements. If you agree to a separate eDocument Agreement and Disclosure, you will then agree to receive deposit account statements and tax documents electronically.
Upon agreeing to a separate eDocument Agreement and Disclosure, Cleveland State Bank will send notification to the email address on file. The notice will only inform you of its availability. Please log-in to Cleveland State Bank Online Banking to access the documents.
The Online Banking Scheduled Transfer Date, as indicated by you, must always be a business day. If it is not, the Scheduled Transfer Date will be deemed to be the first business day prior to the date indicated. You may cancel or modify a Scheduled Transfer up to 7:00p.m. CT on the Business Day that the transfer is scheduled to occur. Scheduled Transfers are processed after 7:00p.m. CT. You understand that any transaction made after 7:00 p.m. CT will be processed the following business day. For example, a one-time Scheduled Transfer scheduled before 7:00 p.m. CT on Friday with a posting date of Friday through Sunday will post on Friday night. A one-time Scheduled Transfer scheduled after 7:00 p.m. CT on Friday with a posting date of Friday through Sunday will post on Monday. A reoccurring scheduled transfer with a posting date of Friday through Sunday will post on Friday.
In order that your privacy is protected, we will not disclose any information about you or your account to any person, organization, or agency except:
- For certain routine disclosures necessary for the completion of a transfer; or
- For verification of the existence and condition of your account for a credit bureau or merchant; or
- To persons authorized by law in the course of their official duties; or
- To our employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
- Pursuant to a court order or lawful subpoena; or
- To a consumer reporting agency if your account is in default; or
- By your written authorization which shall automatically expire 45 days after our receipt of your authorization. If an unauthorized disclosure has been made, we must inform you of the particulars of the disclosure within 3 days after we have discovered that an unauthorized disclosure has occurred.
You should notify us immediately if you believe your Online Banking password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. Or, you should change the password online using Online Banking. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $50. Also if your statement shows transfers that you do not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
OUR LIABILITY FOR FAILURE TO MAKE TRANSFERS
If we do not complete a transfer to or from your account on time or in the correct amount, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer, or
- If the transfer would go over the credit limit on your line of credit account, or
- If the ATM where you are making the withdrawal does not have enough cash, or
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer, or
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken, or
- If your account is subject to legal process or restricted by us, or
- If you use the wrong PIN, or
- If you use a damaged or expired card or a card that has been reported lost or stolen, or
- If the account from which you attempt to make a withdrawal has been closed.
There may be other exceptions stated in our agreement with you.
TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT OF UNAUTHORIZED TRANSFER
If you believe your Online Banking password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call Cleveland State Bank at (920) 693-8256 immediately.
Or write to us at:
Cleveland State Bank,
P.O. Box 158, Cleveland, WI 53015.
ERROR RESOLUTION PROCEDURES
In case of errors or questions about your electronic transfers: call us at (920) 693-8256. Or write to us at:
Cleveland State Bank,
P.O. Box 158, Cleveland, WI 53015.
Or email us at: email@example.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within ten (10) business days, we may not credit your account.
For errors involving new accounts, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Mobile Agreement and Disclosure
The Mobile Deposit service (“Service”) is designed to allow clients (“You”) to deposit checks to their designated checking or savings account (“Account”) with Cleveland State Bank (“Bank”) using mobile devices. Checks are scanned using the camera on the mobile device and securely transmitted to the Bank for review and deposit. By using the Service, you authorize the Bank to convert checks to images or create substitute checks for the purpose of clearing the check.
Use of the Service is subject to Bank approval. In order to be eligible to use the Service, your account(s) must meet qualification criteria set by the Bank. We will review all accounts for which you are a signer in order to determine your qualification for the Service. If you are not eligible for this Service, we will notify you of our decision.
ACCEPTANCE OF THESE TERMS
By electronically accepting this Agreement, you are agreeing to all of the terms and conditions outlined within it. Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change. You will be notified of any changes to this Agreement. We will provide you with advance notice if any changes to this Agreement are required by applicable law.
I/We authorize the lender or its successors to order a credit report and verify other credit information including, but not limited to present or past mortgage references, federal and state records or other sources as required.
DAILY AND MONTHLY DEPOSIT LIMITS
You agree to the following deposit limits by using this service. Deposit limits are subject to change from time to time.
- Daily Count = 3
- Daily Amount = $1,500.00
- Monthly Count = 10
- Monthly Limit = $5,000.00
- Daily Count = 5
- Daily Amount = $3,000.00
- Monthly Count = 15
- Monthly Limit = $10,000.00
- Daily Count = 10
- Daily Amount = $8,000.00
- Monthly Count = 20
- Monthly Limit = $15,000.00
- Daily Count = 10
- Daily Amount = $15,000.00
- Monthly Count = 20
- Monthly Limit = $50,000.00
LIMITATION OF SERVICE
When using the Service, you may experience technical or other difficulties. We are not liable for or responsible for any technical difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
You agree that you will not use the Service to scan and deposit any checks as listed below:
- Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
- Checks payable jointly, unless deposited into an account in the name of all payees.
- Checks with any endorsement on the back other than specified in this Agreement.
- Checks containing obvious alteration to any of the fields on the front of the check, or which 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 drawn on a financial institution located outside the United States.
- Checks dated more than six (6) months prior to the date of deposit or future-dated checks.
- Checks that are in any way incomplete.
- Checks prohibited by the Bank’s current procedures relating to the Service or which are otherwise not acceptable under the terms of your Terms and Conditions of Your Account (“Terms and Conditions”).
- Checks on which the numerical and written amount are different.
- Checks that have been previously returned unpaid by the financial institution on which they are drawn, including substitute and remotely created checks.
- Checks that are payable to cash.
- Checks that have been previously submitted through the Service or through a remote deposit capture service offered at any other financial institution.
You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible for the security of your mobile device. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if the Service is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us. You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or check image, or for the Bank’s audit purposes. In addition, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, or disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners retain all rights, title and interests in and to the Service, Software and Development made available to you.
The image of a check transmitted to the Bank using the Service must be legible, as determined by the sole discretion of the Bank. The image that is transmitted must be of such quality that the following information can easily be read:
- The amount of the check.
- The payee.
- The drawer’s signature.
- The date of the check.
- The check number.
- Information identifying the drawer and the paying bank that is preprinted on the check in a commercially acceptable format, including the routing number, account number and check number.
You agree to restrictively endorse any check transmitted through the Service. Your endorsement must include your signature and the restrictive endorsement “For Mobile Deposit Only at CSB.” 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. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
RECEIPT OF CHECKS
We reserve the right to reject any check transmitted using the Service, at our discretion. We are not responsible for checks we do not receive or for images that are dropped during transmission. An image of a check shall be deemed received when the funds are deposited in your account. Receipt of such confirmation does not mean that the transmission was error free or complete. Receipt of such confirmation or funds does not mean that your Account will not be charged back for the amount of the deposit and any applicable fees under the Terms and Conditions if the check image presented is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.
AVAILABILITY OF FUNDS
In general, if an image of a check you transmit through the Service is received and accepted before 5:00 p.m. CT on a business day that we are open, we consider that day to be the day of your deposit. Deposits received after 5:00 p.m. CT or on a business day we are not open, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Service will generally be made available the next business day following the day of deposit.
- Deposits confirmed by us before 5:00 p.m. CT are considered made the current business day and funds are available the next business day.
- Deposits confirmed by us after 5:00 p.m. CT are considered made the next business day and funds are available one (1) day following the day of deposit.
DISPOSAL OF TRANSMITTED CHECKS
Upon proper clearing of funds and confirmation of your deposit from the Bank, you agree to properly store the check to ensure that it is not presented again for payment. You agree that you will never represent the check to the Bank or any other financial institution. You agree to retain all checks you have deposited through the Service for at least twenty-one (21) business days and following the twenty-one (21) day retention period, you agree to dispose of your check in a manner which will ensure the check will not be presented again.
Any credit which we deposit into your account immediately following a transaction initiated by you will be a provisional credit. If a check that you deposit using the Service is returned or charged back on your account, it will be deducted in full from your account along with any fees that are incurred due to the check’s rejection as described in our Fee Schedule and Terms and Conditions. We are not responsible for any losses incurred as a result of deposits returned on your account.
We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Service and to modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. You will be notified that the deposit was rejected. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. We are not responsible for any losses incurred as a result of rejecting deposits that you have made through the Service which exceed your deposit limits.
CONFIRMATION OF DEPOSITS
It is your responsibility to verify that your deposit has been completed successfully by signing into the mobile application, viewing the status of your mobile deposit history and verifying the funds are available in your account.
The Bank may, in its sole discretion, revoke your qualification for the Service at any time without prior notification.
HARDWARE AND SOFTWARE
In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software. Bank is not responsible for any third-party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation.
You agree to notify Bank of any suspected errors regarding checks deposited through the Service promptly, and in no event later than 60 days after the applicable Bank account statement is mailed to you. Unless you notify Bank within 60 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Bank for such alleged error. You may contact us at 920-693-8256 or write us at Cleveland State Bank 1250 W. Washington Ave., Cleveland, WI 53015.
ERRORS IN TRANSMISSION
By using the Service, you accept the risk that a check may be intercepted or misdirected during transmission. Bank bears no liability to you or others for any such intercepted or misdirected checks or information disclosed through such errors.
MOBILE DEPOSIT SECURITY
You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized access to your device. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we reserve the right to monitor your Mobile Deposit activity, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
There will be no fees assessed for the use of this service. Should this change, proper advance notice will be given to clients, as required by applicable law.
The primary licensor for the online and/or mobile banking service you are using (the “Service”) is Jack Henry & Associates, Inc. (the “Provider”). By enrolling in our Service, you hereby agree as follows:
(i) General. The Provider is not the provider of any of the financial services available to you through the Service, and the Provider is not responsible for any of the materials, information, products or services made available to you through the Service.
(iii) Source of Information. The Service, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts or engage in financial transactions and other log-in related information (“Account Information”). Provider does not review, verify or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained directly from the third-party sites.
(iv) Your Responsibility for Information. You are responsible for providing Provider with accurate and updated (as necessary) account numbers, user names, passwords and other log-in related information (“Registration Information”) so that the Service is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately.
(v) Rights You Grant to Provider. By submitting data, passwords, user names, PINs, log-in information, materials and other Registration Information to Provider through the Service, you are voluntarily supplying that content to Provider for the purpose of providing the Service to you. By submitting such information to Provider, you represent that you are entitled to submit it to Provider for use for this purpose, without any obligation by Provider to pay any fees. By using the Service, you expressly authorize Provider to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. Provider will submit information including user names and passwords that you provide to log you into the site. You hereby authorize and permit Provider to use and store the information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when Provider is accessing and retrieving Account Information from the third-party sites, Provider is acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of information over the internet, and you agree that by using the Service you are assuming those risks.
(vi) Consent to Use of Data. You agree that Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Service. Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.
(vii) Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. YOUR USE OF THE SERVICE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(viii) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, PROVIDER’S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(ix) Google Analytics. To assist Provider in maintaining and improving this application, Provider uses Google Analytics to gather information about usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use, and how they found the Service. Google Analytics does not track, collect or upload any data that personally identifies an individual (such as a name, email address, account number or billing information), or other data which can be reasonably linked to such information. The information helps Provider improve the performance of this Service for you. For more information on Google’s use of the data, please see the website “How Google uses data when you use our partners’ sites or apps” located at http://www.google.com/policies/privacy/partners/.
(x) Miscellaneous. This End User Agreement constitutes the entire agreement between you and Provider concerning the subject matter hereof. This End User Agreement will be governed by and construed in accordance with the laws of the state of Iowa, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this End User Agreement are subject to the exclusive jurisdiction of the courts of Iowa and you expressly consent to jurisdiction and venue thereof and therein. This End User Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.