Disclosures, Account Agreements and Terms & Conditions
Associated Mobile Banking Terms & Conditions
Summary of Changes, effective November 4, 2016:
Electronic Notice Disclosure and Agreement
Mobile Banking Services Terms and Conditions
Thank you for using the Mobile Banking Services and the related software provided by Associated Bank, National Association combined with your Mobile Device's text messaging and other capabilities. By participating in the Services or using the Software, you are agreeing to the following Mobile Banking Services Terms and Conditions ("Terms and Conditions"), which govern your use of the Services provided by us. Bank in its discretion may modify these Terms and Conditions at any time. Messaging and data charges from your telephone carrier may apply. We recommend that you review your contract with your individual Mobile Device carrier service before enrolling in the Services. Text "HELP" to ABC2GO (222246) to see a list of SMS functions. To cancel your SMS alert functionality, text "STOP" to ABC2GO (222246) at any time.
To view Associated's security information, go to our Security Center at www.associatedbank.com/security.
To view Associated's Deposit Account Agreement, Online Banking Terms and Conditions, and Terms and Conditions of the Bill Payment Service, go to www.associatedbank.com/forms.
1. Terms and Conditions.
- Program: Mobile access is available through Text Banking over Short Message Service and through our downloadable software for supported Mobile Devices (“Mobile Banking App”).
i. Text Banking allows you access to your Account information (e.g., for checking balances and last transactions), the option to receive alerts for your Account (e.g., low Available Balance alerts), the ability to locate Associated ATMs and bank branches, and the ability to make transfers between certain accounts. To access Text Banking you must enroll your Mobile Device by entering your Mobile Device phone number under the Mobile Banking tab of our Online Banking service or under the Text Banking registration screen on our Mobile Banking App. Before receiving Text Banking access you will need to verify your Mobile Device by entering the verification code sent to your Mobile Device under the Mobile Banking tab of our Online Banking service or under the Text Banking registration screen on our Mobile Banking App. Once you have enrolled and verified your Mobile Device, your access to Text Banking will continue until you cancel Text Banking or your Account is closed or in certain circumstances subject to a freeze as provided by our Deposit Account Agreement. Standard messaging charges of your Mobile Device Carrier apply.
ii. The Mobile Banking App allows you access to your Account information, to make transfers between certain accounts, to pay billers you have previously set up under our Bill Pay Service available through Online Banking, the ability to locate Associated ATMs and bank branches, the ability to deposit checks using Associated SnapDeposit, and the ability to use the Popmoney® Person to Person Transfer Service. To access the Mobile Banking App, you must enroll in Online Banking and download the Mobile Banking App to a supported Mobile Device. After you have downloaded the Mobile Banking App to a supported Mobile Device, you may access your device using your Online Banking username and password.
- Questions: You can contact us at ContactUs@AssociatedBank.com or 800-682-4989, or send a text message with the word "HELP" to this number: ABC2GO (222246).
- To Stop Text Banking: To stop Text Banking messages from coming to your Mobile Device, send a text that says "STOP" to: ABC2GO (222246). You will receive one further text message confirming your deactivation request. After that, you will not be able to use Mobile Banking, Text Banking or receive any future text messages unless you reactivate Mobile Banking.
- Text Banking and the Mobile Banking App may not be available from time to time due to reasons outside of our reasonable control, your Mobile Device carrier, or any service provider.
2. Defined Terms. As used in these Terms and Conditions, the following terms shall apply:
- "Account" means your deposit and loan accounts with us including but not limited to: checking, savings, money market, certificate of deposit, home equity line of credit, premier line of credit and certain other loan products. Account does not include credit cards with our name or logo appearing on it if the actual creditor, issuer or servicer of the credit card is Elan Financial Services.
- "Account Balance" means any and all funds in the Account without regard to any pending activity. Please refer to the Deposit Account Agreement for more information.
- "Available Balance" means the account balance minus any pending holds for deposited or cashed checks, memo posts (e.g., debit card authorization for a purchase), and /or any holds for legal process or other freezes on your Account authorized by the Deposit Account Agreement. Please refer to the Deposit Account Agreement for more information.
- "Business Day" means Monday through Friday, excluding federal holidays.
- "Daily Balance" or "Daily Ending Balance" means the loan Account balance as of the end of the previous Business Day, excluding Pending Transactions.
- "Mobile Device" means a mobile device which is capable of accessing the Services. View the mo device list at www.associatedbank.com/pdf/MobilePhoneList.
- "Pending Transactions" means the electronic transactions which have not been posted but which have been transmitted to us.
- "Processing Date" means the Business Day on which your Account is debited or credited.
- "Services" refer to the Mobile Banking Services contemplated by these Terms and Conditions and any related Software ("Software") provided by us to you.
- Associated Bank, National Association is referred to as “Associated”, "we", "us", "our" or "bank".
- Person(s) subscribing to or using the Services are referred to as "you" or "your".
3. Functions. Using your Mobile Device and Software, you can:
- View Account and transaction information.
- Transfer funds among certain of your Accounts, including deposit accounts and home equity line of credit, premier line of credit and other loan accounts.
- Make payments from your deposit accounts to your loan accounts.
- Deposit checks remotely using Associated SnapDeposit. Terms and conditions specifically applicable to remotely deposited checks are contained in Exhibit A to these Terms and Conditions.
- If you also sign up for the optional Online Bill Pay Service, depending on the type of Mobile Device carrier you have, you may have the ability to use your username and password to (i) pay bills from your checking or money market savings account to parties set up within your Online Bill Pay Service and (ii) initiate or receive “person to person” transfers to and from a personal checking account through the Popmoney Person to Person Transfer Service. The Terms and Conditions of the Bill Payment Service apply to these transactions.
- Text "HELP" to ABC2GO (222246) to see a list of SMS functions.
NOTE: Some of the above functions may not be available for all Mobile Devices and/or Mobile Device carrier plans.
4. Authorization. These Terms and Conditions apply to all persons that are party to the Accounts and contain the terms and conditions governing the Services, including disclosures required by federal law. Please read these Terms and Conditions carefully and keep a copy for your records. By clicking "I ACCEPT" when you subscribe for the Services or responding with your activation code, you acknowledge that you have received and read these Terms and Conditions and agree to them.
5. Other Agreements.
- The Services are another means of accessing information pertaining to certain Accounts you have with us as well as conducting certain transactions with respect to those Accounts through the use of your Mobile Device. Keep in mind that in addition to these Terms and Conditions, your use of the Services is also subject to the terms and conditions to which you have previously agreed with respect to the underlying Account and related services, including but not limited to, the Deposit Account Agreement, the Online Banking Terms and Conditions and the Terms and Conditions of the Bill Payment Service. Although certain provisions may be specifically referred to in these, all provisions of those other agreements continue to apply.
- From time to time you may receive information over your Mobile Device regarding your Available Balance on certain of your Accounts. You should refer to the Deposit Account Agreement and Consumer Deposit Account Fee Schedule for further details regarding funds availability, Available Balance and certain related fees, among other things.
6. Service Availability.
- We will attempt to make the Services available on a continuous basis. Maintenance requirements, however, whether scheduled or emergency, may result in system unavailability from time to time. We will try to conduct scheduled maintenance during non-peak hours. Services accessibility may also be interrupted due to conditions beyond our control, including outages in internet or Mobile Device carrier. If that occurs, we will attempt to re-establish the Services as quickly as possible.
- Although we will attempt to provide accurate and current information about your Account, such information is not provided on a real-time basis and therefore there may be a delay between the time that a transaction occurs and when it appears on your Account, as viewed through the Services. Your Account records maintained by us provide the final and conclusive information about your Account and may include information in addition to that available to you as viewed through the Services. We are not responsible or liable for any problems you my experience as a result of any inconsistency or delays with respect to information about your Account.
7. Hardware and Software Requirements. To use the Services, you will need a Services compatible and supported Mobile Device which you are responsible for providing. The Mobile Device that you use may be subject to unauthorized tracking or other manipulation due to "spyware" or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your software and hardware is at your own risk. We do not guarantee functionality or availability of the Services on all Mobile Devices.
8. Security and Use.
- We reserve the right at all times to take actions to protect the Services, our systems and information, including denying you access to the Services in whole or in part.
- We will attempt to secure the Services to prevent, among other things, access by unauthorized persons and the introduction of any malicious code, such as a computer virus. However, no security system is failsafe, and despite our efforts the security of the Services could be compromised or malicious code could be introduced by third parties.
- You agree to immediately notify us of any unauthorized use of the Services or any other breach of security known to you and you shall cooperate with us in investigations and other actions taken with respect to same.
- We make no representations that the Services will be available for use in locations outside of the United States and accessing Services from locations outside of the United States is at your own risk.
- Anyone using your username and password can access your Account and have full access to the Services in the same manner as you can. If anyone uses your username and/or password with or without your permission, you will be responsible for any transactions performed by that person with respect to your Account. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the Services. You agree to keep your username and password safe, confidential and secure, not to record the password or otherwise disclose or make the password available to anyone other than authorized users of your Account.
9. Your Obligations. You accept responsibility for making sure that you know how to properly use your Mobile Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Mobile Device.
10. Mobile Device Carrier.
- You agree that any use by you of the Services may be also subject to the terms and conditions of any agreements you have with third party service providers, such as your Mobile Device Carrier and that these Terms and Conditions do not amend or supersede any of those agreements. Those agreements may contain requirements and limitations, including your responsibility for fees and charges, which may impact your use of the Services. You agree that you are solely responsible for all such fees, service charges, limitations and restrictions.
- Only your Mobile Device Carrier is responsible for its products and services. You agree to resolve any problems with your wireless provider directly without involving us.
- We assume no responsibility for the operation, security, functionality or availability of any wireless phone device or mobile network which you utilize to access the Services.
- The Services may not be accessible over some mobile networks.
11. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold us, our affiliates, employees and agents, harmless from any and all third party claims, liability, damages, expenses and costs caused or arising from (1) a third party claim, dispute, action or allegation of infringement, misuse or misappropriation based on information, data, files or otherwise in connection with your use of the Services or your violation of any law or rights of a third party.
12. Restriction on Use.
- You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal and international Internet, data, telecommunications, telemarketing, "spam" and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy or confidentiality, or the rights or legal obligations of any wireless provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by us (in our sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene or otherwise objectionable materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm our reputation or that of any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) any material or information that is false, misleading or inaccurate; (vii) any material that would expose us, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical or other technical harm to our equipment or that of Fiserv, Inc. or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.
- You agree that Services are for personal use only.
- Limitations on Use
- For security reasons, there are limits on the number of transfers you can make using the Services.
- We reserve the right to prohibit and/or reject transactions involving internet gambling.
- You may transfer available funds through the Services in any amount, subject to funds availability.
Federal Reserve Regulation D limits the total number transfers made by check, telephone, Online Banking and overdraft protection, as well as preauthorized transfers (including debit card purchases, automatic transfers and wire transfers) to six (6) per calendar month for savings and money market accounts not on a combined statement, or statement period for savings and money market accounts on a combined statement. We may impose an excess activity fee for each transaction exceeding these limitations.
13. Exclusion of Liability and Warranties. The Services make use of a private network, intended for authorized users only. We have confidence in the security measures we employ, however, this is not an invitation for individuals to attempt unauthorized access. BY USING THE SERVICES, YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY; THEREFORE, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, DISCLAIM ANY AND ALL LIABILITY, WHETHER NOW KNOWN OR OTHERWISE, WITH RESPECT TO YOUR USE, AUTHORIZED OR UNAUTHORIZED, OF SERVICES, AND WE FURTHER SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
14. Our Liability for Failure to Process Funds Transfer. We strive to make all your funds transfers according to your instructions. We will, however, incur no liability if we are unable to complete any transfer initiated by you through the Services because of the existence of any one or more of the following circumstances:
- If the funds transfer would exceed the maximum permitted funds transfer amount or exceed your Available Balance, the amount available for your use on your line of credit after taking into effect your Daily Balance or Daily Ending Balance, or your Account has been re-titled, closed, blocked for security reasons, or subject to legal process or other encumbrances restricting the transfer.
- If the funds transfer processing center is not working properly, and you know or have been advised by us about the malfunction before you execute a transaction.
- If circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of a transaction, and we have taken reasonable precautions to avoid those circumstances.
- If you have not properly followed the instructions for using the Services.
- If your Mobile Device or operating system is not properly installed or functioning properly.
- For errors or failures from any malfunctions of your browser, internet service provider, wireless provider, computer virus or other problems relating to the computer or Mobile Device you use with the Services, including, without limitation, your inability to access the Services or any part of the Services.
- For a failure to provide access or for interruptions in access to the Services due to a system failure.
- There may be other exceptions stated in these Service Terms and Conditions or in our other agreements with you.
Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Account, we will be responsible for returning the improperly transferred funds to your Account. If we cause funds from your Account to be directed to an incorrect payee, you agree to help us recover funds that were directed to the incorrect payee.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS AND CONDITIONS, UNLESS OTHERWISE PROHIBITED BY LAW, THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICES.
Sections 15 and 16 below apply to Services related electronic funds transfers on a consumer Account that is subject to Regulation E. For other types of transactions please refer to section entitled "Customer’s Examination Responsibility" of your Deposit Account Agreement.
15. Your Liability. Tell us at AT ONCE if you believe your Mobile Device, username and/or password has been lost, stolen or otherwise became available to an unauthorized person. Please contact us immediately by telephone or in writing. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum overdraft line of credit).
If you tell us within two (2) Business Days after you learn of the loss or theft of your Mobile Device username and/or password, you can lose no more than $50 if someone used your Mobile Device, username and/or password without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Mobile Device, username and/or password, and we can prove that we could have stopped someone from using your Mobile Device, username and/or password without your permission, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the first statement on which the problem or error appeared was mailed to you, you may not get any money you lost after the sixty (60) days if we show that we could have stopped someone from taking the money if you would have 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.
16. In Case of Errors or Questions About Your Electronic Transfers. Contact the Customer Care Center by phone (800-682-4989) or write us at Associated Bank, Customer Care Center, 1305 Main Street, Stevens Point, Wisconsin 54481, 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 you 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 question in writing and we do not receive it within ten (10) Business Days, we may not credit your Account.
The ten (10) day period in the preceding paragraph may be extended to twenty (20) Business Days, if the error involves a transfer to or from the Account within thirty (30) days after the first deposit to the Account was made.
If the error involves an electronic transfer from your Account to buy goods or services direct from a merchant, a transfer initiated outside of the United States or a transfer that occurred within thirty (30) days after the first deposit to the Account was made, the forty-five (45) day time period to investigate your complaint or question will be ninety (90) days in place of forty-five (45) days.
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.
17. Contact in Event of Unauthorized Access. If you believe your password has been lost or stolen or that someone may have fraudulently accessed your Account without your permission, contact the Customer Care Center by phone (800-682-4989), write us at Associated Bank, Customer Care Center, 1305 Main Street Stevens Point, Wisconsin 54481, or contact us via secure messaging.
18. Account Information Disclosure. We will disclose information to third parties about your Account(s) or the transactions you make:
- That we believe are necessary to complete or document transactions, to investigate possible unauthorized transactions, to resolve errors or claims or to combat fraud.
- To verify the existence and condition of your Account for a third party, such as a credit bureau, another financial institution or merchant.
- In response to government agency inquiries, orders or subpoenas.
- In response to court orders, subpoenas, garnishments, levies or other legal process.
- To companies affiliated with us (see below).
- To comply with laws, rules and regulations.
- If you give us your written permission.
Note: The circumstances under which we may provide information about your Accounts to affiliates and/or third parties are as set forth in our current privacy notice, also referred to as the What Does Associated Banc-Corp Do With Your Personal Information? notice. You agree that we may deliver our privacy notices and opt-out notices to you by making them available on www.associatedbank.com. You may access the privacy notice on www.associatedbank.com, or request a paper copy by writing to us at Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point, Wisconsin 54481.
19. Third Parties. You understand that support and services relating to the Services are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.
20. Information Authorization. In order to facilitate the Services or to investigate fraud related to the Services, it may be necessary to obtain additional information from other financial institutions, consumer credit reporting companies or merchants. By accepting and using the Services, you agree that we have the right to request a review of your credit rating at our expense through an authorized bureau. In addition, you authorize us to obtain information regarding your Services related transactions from a merchant or other payee to resolve payment-pending problems.
21. Additional Privacy Information and User Information for the Services. You acknowledge that in connection with your use of the Services, we and our affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively "User Information"). We and our affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.
We and our affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
22. Providing Phone Number. By providing a phone number to your Mobile Device, you are expressly consenting to receiving communications at that number from us and our agents. Such communications may include, but are not limited to, text messages, prerecorded or artificial voice message calls and/or calls made by an automatic telephone dialing system. Note: If you do not want to be called for marketing purposes, ask to be added to our internal do-not-call for marketing list.
23. Fees. We do not currently charge any additional fees for using the Services. If we start charging fees in the future for the Services, you will be provided prior notice. You authorize us to automatically charge your Account for all such fees incurred regarding the Services.
Note: Please refer to the Terms and Conditions of the Bill Payment Service and related fee disclosures for fee information pertaining to the Online Bill Pay Service. Please refer to the Online Banking Terms and Conditions for information pertaining to the Online Banking Service.
Message and data rates may apply to your use of the Services. Check your carrier plan for details.
24. Electronic Record Consent and Your Right to Obtain Paper Copies. You consent to receive electronic records that may be required to be made available during the course of your relationship with us with respect to the Services. You have a right to withdraw the consent to receive electronic records by notifying us in writing at Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point, Wisconsin 54481 or via secure messaging in Online Banking. You have a right to obtain electronic records in paper form, upon request. You may obtain a paper copy of an electronic record by contacting the Customer Care Center by phone (800-682-4989). We will charge photocopy fees identified in our current "Consumer Deposit Accounts Fee Schedule" which may be amended by us from time to time.
25. Periodic Statements. Any activity on your Account conducted through the Services will appear on your periodic Account statement.
26. Notification of Change in Name, Address or Mobile Device. You agree to notify us promptly in writing of any change to your name, address (including email address) or Mobile Device to Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point, Wisconsin 54481 or via secure messaging in Online Banking.
27. Credit Cards. Associated Bank has a contractual relationship with Elan Financial Services pertaining to credit cards containing our name and logo. Within Services, Associated Bank may provide information on such credit cards to you. The creditor, issuer and service provider of the credit card is Elan Financial Services. You authorize us to obtain information from Elan Financial Services pertaining to your credit cards.
28. Assignment. You may not assign your rights and obligations under these Terms and Conditions to any other party. We may assign our rights and obligations under these Terms and Conditions to our successor in interest or to any, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under other agreements we have entered into in connection with the Services to independent contractors or other third parties.
29. No Waiver. We shall not be deemed to have waived any of our rights of remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part 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 wavier of any rights or remedies on future occasions.
30. Termination or Discontinuation. We may modify, suspend or terminate your privilege of using the Services and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate the Services, we will try to notify you in advance but are not required to do so. Any authorized person on your Account may terminate the Services. To stop the messages from coming to your phone, just text "STOP" to: ABC2GO (222246). You'll receive a one-time opt-out confirmation text message. After that, you will not be able to use Mobile Banking, Text Banking or receive any future text messages unless you reactivate Mobile Banking. Neither termination nor discontinuation shall affect your liability or obligation under these Terms and Conditions.
31. Processing Date for Funds Transfer. We can process a funds transfer on the same Business Day as your instructions, if we receive your instructions before our banking cutoff time. If we receive your instruction after the cutoff time, we will process the transaction on the next Business Day. For purposes hereof, the banking cutoff time is 11:59 p.m. Central Time for transfers between any of the following Accounts: checking, savings, money market, certificate of deposit, installment loan, line of credit, home equity line of credit or “Premier Line’. The cutoff time is 10:00 p.m. Central Time for transfers to/from a mortgage account. The above cutoff times may change from time to time and the current cutoff times can be found in ‘Online Banking’ on the screens labeled ‘Transfers’. The banking cutoff time for deposits made using Associated SnapDeposit is 6:00 p.m. Central Time. Please see the Associated SnapDeposit Terms and Conditions below for details.
32. Overdrafts. When you schedule a funds transfer using Services, you authorize us to withdraw the necessary funds from your Account with us. We debit the amount of your funds transfer on the Business Day you instruct us to process the funds transfer between your Accounts. Each instruction to us to withdraw or transfer from an Account is an order to us to pay from that Account on the specified Processing Date. We may charge funds transfers against the Account even though the charge creates an overdraft or constitutes a draw against unavailable funds. If you overdraw your Account, you agree to immediately pay us the overdrawn amount together with any applicable fees. If the Account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that Account, rather than these Terms and Conditions. Please refer to the Deposit Account Agreement and Consumer Deposit Account Fee Schedule for further information.
34. Headings. Headings are used for reference purposes only and shall not be deemed part of these Terms and Conditions.
35. Miscellaneous. Android is a trademark of Google Inc. iPhone and iPad are registered trademarks of Apple Inc. All trademarks, service marks and trade names referenced in this material are the property of their respective owners.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
Associated Bank, N.A. is a Member FDIC and an Equal Housing Lender.
P.O. Box 19006
Green Bay, Wisconsin 54307-9006
Terms and Conditions for Associated SnapDeposit
These Terms and Conditions for the Associated SnapDeposit application (as defined below). Capitalized terms that are not otherwise defined in this Exhibit A shall have the meanings attributed to them in the Mobile Banking Terms and Conditions. The terms and conditions set forth in this Exhibit A shall be in addition to, and not in place of, the Mobile Banking Terms and Conditions and the Deposit Account Agreement. In the event of a conflict between the terms and conditions in this Exhibit A and the Mobile Banking Terms and Conditions or the Deposit Account Agreement, the terms and conditions in this Exhibit A shall govern.
- Remotely Deposited Checks. The Associated SnapDeposit application (“SnapDeposit”) allows you to make deposits of original checks (each an “Item”) to your checking, savings or money market accounts (for purposes of this Exhibit, each is referred to as an “Account”) held with us by scanning or capturing electronic images of such Items with a capture device supported by SnapDeposit (e.g., the camera on your Mobile Device) and submitting the images and associated information to us for processing through SnapDeposit. All Items received through SnapDeposit will be treated as deposits of checks under the Deposit Account Agreement.
- Deposit Limits. For security reasons there are limits on deposits using SnapDeposit. These limits vary and are based on a variety of factors including (but not limited to) the amount of an individual item and the total amount of deposits made using SnapDeposit during a certain period of time. See our Frequently Asked Questions or your product disclosure. You may also call our Customer Care Center at 800-682-4989 (available 24 hours a day, seven days a week) if you have any questions.
- Image Quality. The image of an Item transmitted using SnapDeposit must be legible and clear and provide all information on the front and back of the original Item, including a complete image of any endorsements. It must not be altered. It must capture all pertinent information from both sides of the Item. Image quality must comply with industry requirements established and updated by the American National Standards Institute, Federal Reserve Board and any other regulatory agency. We reserve the right at our sole discretion to reject any image for deposit using SnapDeposit. We will notify you of any rejected Items.
- Eligible Items and Restrictions. You agree only to scan and deposit Items drawn on a United States financial institution and in United States dollars. You agree to properly endorse all Items captured and submitted using SnapDeposit. All Items deposited using SnapDeposit must be endorsed as “For Deposit Only” to your Account. In addition, you agree that you will not use SnapDeposit to deposit any of the following Items:
- Except for Items payable to you or another payee, Items payable to any person or entity other than you as payee (e.g., payable to “cash” or another party and then endorsed to you);
- Items containing a restrictive endorsement;
- Items containing obvious alteration to any of the fields on the front of the Item, or which you know or suspect, or should know or suspect, are fraudulent; or
- Items prohibited by our current procedures relating to SnapDeposit or which are otherwise not acceptable under the terms of your Account.
You also agree:
- only Items that originated as paper Items and no third party or electronic checks may be deposited using SnapDeposit;
- after you submit an Item for deposit using SnapDeposit you will not redeposit or otherwise transfer or negotiate the original Item;
- to complete each deposit promptly and keep your Mobile Device in your possession until each deposit has been completed;
- not to create any additional duplicate images of the original Item;
- not to deposit Items into your Account unless you have authority to do so;
- after you submit an Item for deposit you are solely responsible for the storage and destruction of the original Items;
- the electronic image of the Item will become the legal representation of the Item for all purposes; and
- any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn, including, without limitation, all endorsements.
- not to use the application outside of the United States.
- Cutoffs and Availability of Funds. If we receive the image of an Item for deposit on or before 6:00 p.m. Central Time on a Business Day, we will consider that day the day of deposit. If we receive the image of an Item for deposit after 6:00 p.m. Central Time or on a weekend or on a non-Business Day, we will consider the next Business Day as the day of deposit. Funds deposited using SnapDeposit will be made available to you in accordance with the Bank’s Funds Availability Policy Disclosure for deposited checks except that funds from checks deposited by SnapDeposit drawn on Associated Bank will generally be available on the Business Day following the day we receive the deposit unless your account is eligible for earlier funds availability. The Bank’s Funds Availability Policy Disclosure can be found in the Deposit Account Agreement.
- Safekeeping and Disposal. You agree to safeguard and keep the original Item for 7 calendar days after you have transmitted the Item (the “holding period”). Upon our request from time to time, you will deliver to us within 7 calendar days, at your expense, the requested original Item in your possession. If not provided in a timely manner, such amount will be reversed from your Account. After the holding period expires, if you have verified that the funds have been credited to your Account, you agree to mark the item as “VOID” and physically destroy it to ensure it is not presented for deposit again.
- Indemnification. In addition to any other Indemnification provision contained in the Terms and Conditions, you agree to indemnify, defend and hold us harmless from and against any claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your use of SnapDeposit, including, for example, a subsequent deposit of any previously deposited item. This obligation survives termination of the Terms and Conditions and/or this Exhibit A.