Digital Banking Agreement & Disclosure
The Digital Banking Agreement (“Agreement”) governs the use of our Digital Banking Services (“Services”) and serves as the agreement between you and Fox Valley Savings Bank (“the Financial Institution”). It is important that you read and understand the terms and conditions provided in this Agreement before you accept its terms.
Your use of the Digital Banking Services constitutes your acceptance and agreement to the terms and conditions contained herein as well as any other terms made available to you by the Digital Banking Services. Additionally, your use of any Digital Banking Services that we introduce in the future constitutes an acknowledgment and agreement to the terms and conditions associated with those Services. Any agreements, amendments, notices, periodic statements and other communications may be provided to you in electronic format if you have authorized that form of delivery. If you have questions about this Agreement, contact us at (800) 242-7880 prior to acceptance.
| Definitions | |
|---|---|
| The terms “you”, “your”, and “Authorized User” refer to: | any and all individuals authorized by an account owner/authorized signer to access Digital Banking Services. |
| The terms “we,” “us,” and “our” refer to: | FVSBank (Fox Valley Savings Bank) |
| The term “Account” refers to: | your account with us that you have designated for Digital Banking Services access, and we allow to be included under this service, including both consumer and business accounts. You must be an account owner/authorized signer for each account that you designate, and the Accounts must permit withdrawal by a single signer. |
| The term “Login Credentials” refers to: | the combination of your Username and Password that must be used together to securely access your account. |
| The term “Disclosures” refers to: | the regulatory disclosure provided to you at the time of depository account opening, such as the Truth in Savings Disclosure, Funds Availability Disclosure, Electronic Funds Transfer Disclosure and Privacy Disclosure, as well as any schedule of fees and charges. These Disclosures still govern the Account. |
| The term “Business Day” refers to: | any day in which we are open and available to customers for the purpose of conducting banking business, or as otherwise described in Disclosures provided to you with your account. Please refer to your Disclosures for detailed information regarding Business Days. |
| The term “Check Image” refers to: | the digital image of any check you transmit to us using Mobile Banking. The term “item” refers to the definition provided in Article 4 of the UCC. |
| The term “check” refers to: | the definition provided in Regulation CC. |
| The term “Original Check” refers to: | the definition provided in Regulation CC. |
| The term “Substitute Check” refers to: | the definition provided in Regulation CC. |
| The term “Electronic Check” refers to: | the definition provided in Regulation CC – Availability of Funds and Collection of Checks: electronic image of, and electronic information derived from, a paper check or paper returned check, respectively, that (1) is sent to a receiving bank pursuant to an agreement between the sender and the receiving bank; and (2) conforms with ANS X9.100-187, unless the Board by rule and order determines that a different standard applies or the parties otherwise agree. |
| The term “record” refers to: | a writing created, generated, sent, communicated, received or stored by electronic means. |
SYSTEM REQUIREMENTS. Digital Banking Services provides you with the convenience and flexibility to perform certain banking transactions and functions for designated Account(s) through Internet access on your personal computer or via a wireless handheld device. You must meet minimum software and hardware requirements for each device you use to access Digital Banking Services in order to take advantage of these Services. If you decide not to maintain such hardware and software, you may cancel at any time by contacting Customer Service.
SECURE ACCESS. You must follow all necessary instructions and obtain your Login Credentials before gaining access to Digital Banking Services. We may also utilize uniquely identifying information to confirm your identity. It is recommended that you change your Login Credentials through Digital Banking Services, or with the assistance of our Customer Service, as allowed by our security requirements. There may be additional or optional security measures instituted by us from time to time as we determine it necessary to ensure the security of this service.
Subject to federal and state law, and the terms and conditions of this Agreement, you are liable for any transaction or function performed using Digital Banking Services, whether made by yourself or someone authorized by you, using your Login Credentials. You agree to take all reasonable measures to protect the security of your Login Credentials. Please refer to the Consumer Liability section of your Electronic Fund Transfer Disclosure for our liability policy.
As a precaution, we recommend that you not send email(s) or other electronic messages containing confidential Account information. You agree to not leave any device unattended while logged into Digital Banking Services and you should never share your Login Credentials with us or anyone else. You understand that we are entitled to act upon any instructions received under your login information; therefore, you agree to guard and protect your Login Credentials to ensure the security and protection of your accounts. If you have any concerns or suspicions that an unauthorized person has gained access to your Account through Digital Banking Services, we recommend that you change your Login Credentials if possible and notify us immediately. Our contact information for security issues is provided below.
Fox Valley Savings Bank (FVSBank)
51 East 1st Street
Fond du Lac, WI 54935
Phone: 800-242-7880
Business Hours:
- Monday – Friday 8:00 am – 5:00 pm
- Saturday 8:30 am – 12:00 pm
- Excluding federal holidays
Use of Personal Information. If you open an account or obtain a product or service from us using our Digital or Mobile Services, we may record your personal information from a scan or a copy of your driver’s license or other personal identification card, or we may receive an image or make a copy of your driver’s license or other personal identification card. We may store or retain this information to the extent permitted by law.
TRANSACTION AND FUNCTIONS OF THE SERVICES. The transactions and functions available through Digital Banking Services may include, but are not limited to, the following:
- Transfer of funds between Accounts;
- Transfer of funds between Accounts on a recurring basis;
- Balance inquiry on each Account;
- Request or retrieve a copy of paid check or past statement on the Account and reorder checks for your Account(s), as applicable;
- Change the Account(s) and Access Information for your Digital Banking Services;
- Conduct secure email communication with us regarding your Digital Banking Services;
- The use of our Bill Pay service;
- The use of our Mobile Banking service; and
- Other services as available.
The above transaction and function capabilities may be available, either all or in part, depending on the Account, customer type, or other Digital Banking Service limitations. We reserve the right to restrict the use of Digital Banking Services for an account type or to impose other limitations or restrictions on the use of these Services.
TRANSACTION LIMITATIONS. The maximum dollar amount that we permit for a one-time transfer between your Accounts is unlimited. The maximum dollar amount that we permit for a recurring transfer between your Account is unlimited. We reserve the right to amend these limits and may refuse to process any transfer that exceeds them.
ONLINE TRANSACTION FUNDING. In order for us to process a Digital Banking Services transfer request, the Account that you have designated for the debit must have sufficient funds to cover the transfer, including any overdraft protection plan coverage, and the funds must be considered available as described in our Funds Availability Policy. Please refer to your Disclosures for any nonsufficient funds fees or other fee(s) that may be assessed. We are under no obligation to you when we have been unable to complete a transfer request due to insufficient or unavailable funds, or due to other circumstances out of our control, such as a system or power failure. If we are consistently unable to complete the requested transfer due to insufficient funds in the designated debit Account, then we reserve the right to cancel the transfer request and to review your Digital Banking Services privileges. We also reserve the right to overdraw your Account to complete the transfer, whether or not we have overdrawn the account for a transaction in the past or continue to do so in the future and hold you responsible for any related fees that may be assessed for the overdraft .
EFFECTIVE TIMING OF TRANSACTIONS. Digital Banking Services are available for your use 24 hours each day, seven days a week, unless the system is undergoing maintenance, which may occur from time to time. The posting of Digital Banking Services transactions depends on the time and day of the transaction. Transfers requested through Digital Banking Services before 6:00pm CT on a Business Day will post the same day and be included in the available funds for the receiving Account. Transfers requested after 6:00pm CT on a Business Day, or requested on a non-Business Day, will post on the following Business Day to the receiving Account and will be considered available funds on that day. Separate terms and conditions for availability of funds may apply to transactions completed using RDC services and will be disclosed to you in any agreement governing these Services if applicable.
CANCELLING A TRANSFER. A one-time transfer is immediate and cannot be cancelled. The deadline for cancelling a recurring transfer is three (3) days before the scheduled date. If you have any questions or problems cancelling the transfer, contact Customer Service by using the information provided in this Agreement.
BILL PAY SERVICES. Provisions specific to our Bill Pay Services are disclosed in the separate Bill Pay Agreements.
REMOTE DEPOSIT CAPTURE (“RDC”). Provisions specific to our RDC services are disclosed in the separate Remote Deposit Capture Agreement.
MOBILE BANKING. Mobile Banking Services refers to all financial services made available to you and which you may access through the use of a wireless handheld device or mobile phone, including, but not limited to, viewing account balances, remote deposit capture and text message banking.
ACCESSIBLILTY AND LIABILITY. Our Mobile Banking Services are designed to be available 24 hours each day, seven days per week. We do not warrant that services will always function properly or that disruption or suspension of services will not occur. You agree that we will not be liable for any loss, costs, damages or expenses resulting from the interruption of the Mobile Banking Services. You also agree that these Services are separate from any services provided by your wireless service provider. Your wireless service provider is responsible for any issues involving your handheld device, your internet access or any other of its services or products you use to access Mobile Banking Services. Standard data and messaging rates, short messaging service (SMS) fees and other charges from your wireless provider apply when utilizing Mobile Banking Services.
MOBILE DEVICES. You are responsible for providing and maintaining your own wireless handheld device and for ensuring that it is compatible with Mobile Banking Services. We are not responsible for any problems you may experience with your equipment or any damage to your device from these services. You understand that wireless devices may be subject to viruses and we are not responsible for ensuring your device is protected from these viruses.
TRANSACTION LIMITS. You acknowledge that we may limit the number and frequency of transactions conducted through Mobile Banking Services and that we may also place limits on transactions and transfer amounts at our sole discretion.
COST OF SERVICE. Account transaction fees as stated in the Disclosures and any schedule of fees and charges provided to you remain in effect and are not eliminated or changed with the use of Digital Banking Services. You have sole responsibility for any services fees you incur from your telephone, Internet or wireless service providers.
YOUR LIABILITY. You are responsible for the activity performed through Digital Banking Services using your Login Credentials, including any activity performed by others who use your Login Credentials whether or not authorized by you as disclosed in our Electronic Fund Transfer Disclosure. You also agree to review your Account activity online, through periodic statements or through the use of any other application. Any questions or concerns about any activity should be directed to Customer Service as provided in your Electronic Fund Transfer Disclosure.
You acknowledge that you do not own or have any proprietary rights to Digital Banking Services and any unauthorized reproduction in whole or in part is strictly prohibited. You agree not to use Digital Banking Services to conduct any activity that is illicit or illegal. You agree to comply with all applicable federal and state laws, NACHA Operating Rules, and the terms and conditions of this Agreement, and any other Account Agreement or Disclosure by reference, in regard to these Digital Banking Services and any transaction or functions performed using these Services. In the event of a conflict between this Agreement and any other Disclosure or Agreement provided, the Account Agreement will take precedence over this Agreement.
OUR LIABILITY. We are responsible for taking all reasonable measures to ensure that the Digital Banking Services is available and functioning optimally, reserving the right to temporarily remove the service from access for maintenance or upgrades from time to time. We also accept responsibility to process any function or transaction requested by you through this service in a timely manner when submitted within the terms and conditions of this Agreement.
We will provide you with the hardware and software specifications for these Services and any amendments as they occur from time to time. We accept no responsibility, and you agree to hold us harmless, for any delay or inaccuracy of any transaction or function information due to an interruption or loss of communications in the service provided by your Internet, browser, or wireless provider, or your system hardware or software, to the extent allowed by state and federal law. We also accept no responsibility, and you agree to hold us harmless, for any system virus or other system problem attributable to Digital Banking Services or to your Internet or wireless service provider.
CANCELLING SERVICE. You may cancel any or all of the Digital Banking Services at any time by contacting Customer Service in a form and manner acceptable to us. Upon cancellation, you agree to immediately discontinue any use of our Services and you agree to remain liable for all transactions performed on your account. We reserve the right to refuse your application for Digital Banking Services if your account is not in good standing, and to suspend, restrict or cancel your authorization to use this service, at any time, at our discretion. We will take reasonable measures to reach you concerning the Service cancellation but are under no obligation to provide you such notice. If Service is reinstated, this Agreement will remain in effect.
GOVERNING LAW. The terms and conditions of this Agreement are subject to and governed by the laws of the state in which the account was opened and federal law. The Accounts designated for access through Digital Banking Services continue to be governed under the Agreement and Disclosures provided to you for each account. Changes in these laws may change the terms and conditions of this Agreement or of the Agreements and Disclosures associated with one or more of the Accounts. We will notify you of any changes as required by law.
SEVERABILITY. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
ASSIGNABILITY. We may assign our rights and duties under this Agreement to an affiliate or successor. You may not assign your rights and duties under this Agreement at any time.
NO WAIVER. You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege under this Agreement shall affect or preclude our future exercise of that right, remedy, power or privilege.