Disclosures, Account Agreements and Terms & Conditions
Online Banking Terms and Conditions
Summary of Changes, effective July 6, 2016:
Electronic Notice Disclosure and Agreement
Online Banking Terms and Conditions
P.O. Box 19006
Green Bay, Wisconsin 54307-9006
The Online Banking Terms and Conditions (Agreement) apply to your use of the Online Banking Service (Online Banking) provided by Associated Bank, National Association (Associated Bank), which permits you to access your Accounts with us via the Internet for services selected by you and agreed upon by us.
To view Associated's security information, go to our Security Center at www.associatedbank.com/security.
I. Deposit Account Rules and Defined Terms
Your Account is subject to our Deposit Account Agreement or your loan agreement with us. Electronic transactions are generally transmitted and posted quickly, however, check processing often takes additional time and your Account balance, whether an Available Balance or account balance (deposit Accounts) or the Daily Ending Balance or Current Balance (loan Accounts), may not reflect the actual amount credited to your account if the deposit or payment is in the form of a check or for other reasons as detailed in our Deposit Account Agreement or in your loan agreement with us. Please contact us for any payoff amounts or information regarding Pending Transactions. As used in this Agreement, the following terms shall have the following meanings: "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 if the creditor, issuer, and service provider of the credit card is Elan Financial Services.
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 means the loan Account balance as of the previous end of day, excluding pending transactions.
Daily Ending Balance means the loan Account balance as of the previous end of day, excluding pending transactions.
Pending Transactions means the electronic transactions which have not been posted but which have been transmitted to Associated Bank.
"Processing Date" means the Business Day your Account is debited or credited.
"we," "our," and "us" mean Associated Bank.
"you" and "your" mean each account holder, depositor or party authorized to access a deposit Account or borrower on a loan Account accessible through Online Banking.
This Agreement applies to all persons that are parties to the Accounts. This Agreement contains the terms and conditions governing Online Banking, including disclosures required by federal law. Please read this Agreement carefully and keep a copy for your records.
By subscribing to Online Banking, you acknowledge that you have received and read this Agreement and agree to its terms and conditions. You also acknowledge that this Agreement has been accepted by one or more of the persons who established the subject Account with us.
Using your Password and Online Banking you can:
- View Account information
- Receive Cash Back Perks offers for debit card purchases from merchants
- Transfer funds among your deposit Accounts and your home equity line of credit, premier line of credit and certain other loan Accounts
- Transfer funds from your line of credit to your checking Account
- Transfer funds into your add-on certificate of deposit Account
- Make payments out of your deposit Accounts to your loan Accounts
- View check, debit and credit items, and deposit ticket transactions online
- View statements online
- Elect to stop receiving hard copies of deposit Account statements and specified loan accounts.
IV. Hardware and Software Requirements
V. Password and Security
Using your password has the same effect as your signature authorizing transactions. You agree to safely keep the password, not to record the password or otherwise disclose or make the password available to anyone other than authorized users of your Accounts. Anyone to whom you disclose your password and anyone who has access to your password will have full access to Online Banking, including full access to your Accounts. You have no ability to limit any such person’s authority. If anyone uses your password with your permission, you will be responsible for any transactions performed by that person.
VI. Your Liability
Tell us AT ONCE if you believe your 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 Accounts (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 password, you can lose no more than $50 if someone used your 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 password, and we can prove that we could have stopped someone from using your 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.
VII.Contact in Event of Unauthorized Access
If you believe your password has been lost or stolen or that someone may or has fraudulently accessed your Account without your permission, contact the Customer Care Center by phone (800-682-4989), write Associated Bank, Customer Care Center, 1305 Main Street, Stevens Point, Wisconsin 54481, or contact us via secure messaging.
VIII. Information about Cash Back Perks Offers through Online Banking
Please see the Terms and Conditions for Cash Back Perks Offers through Online Banking set forth in Exhibit A for details on your ability to receive special offers and rewards from certain merchants for debit card purchases.
IX. Information about Bill Payment Service
Please see the Terms and Conditions of the Bill Payment Service for details on the convenient Bill Payment Service.
X. 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 Online Banking cut-off time stated on the Transfers tab. If we receive your instruction after the cut-off time, we will process the Transaction on our next Business Day.
XI. Funds Transfer Limitations
For security reasons, there are limits on the number of transfers you can make using Online Banking. A transfer using Online Banking must be at least $1.00. We reserve the right to prohibit and/or reject transactions involving internet gambling. You may transfer available funds through Online Banking, subject to funds availability. See the Deposit Account Agreement “Funds Availability Policy Disclosure” section for more information. 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. The bank may impose an excess activity fee for each transaction exceeding these limitations.
XII. Canceling an Order
You may cancel or edit a Funds Transfer prior to 10 p.m. Central Time, on the day prior to the Processing Date. If we do not receive your complete and accurate instruction canceling or editing a Funds Transfer prior to such times, we will process the Transaction. This section applies to a recurring or a one-time Transaction.
When you schedule a Funds Transfer using Online Banking, 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. See the Deposit Account Agreement for details. 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 this Agreement.
You authorize us to charge you Online Banking fees identified in our current fee schedule disclosed with the Deposit Account Agreement or the loan Account agreement, or in the disclosure called Consumer Deposit Accounts Fee Schedule, which may be amended by us from time to time.
XV. 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 Online Banking because of the existence of any one or more of the following circumstances: 1. If the funds transfer would exceed the maximum permitted funds transfer amount or your Available Balance, 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. 2. 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 the transaction. 3. If circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside force) prevent the proper execution of the transaction, and we have taken reasonable precautions to avoid those circumstances. 4. If you have not properly followed the instructions for using Online Banking. 5. If your operating system is not properly installed or functioning properly. 6. For errors or failures from any malfunctions of your browser, Internet service provider, computer, computer virus or other problems relating to the computer equipment you use with Online Banking, including, without limitation, your inability to access Online Banking or any part of Online Banking. 7. For a failure to provide access or for interruptions in access to Online Banking due to Online Banking system failure. 8. There may be other exceptions stated in our Agreement with you. Provided none of the foregoing exceptions are applicable, if Online Banking causes an incorrect amount of funds to be removed from your Account, Online Banking shall be responsible for returning the improperly transferred funds to your Account. If Online Banking causes funds from your Account to be directed to an incorrect Payee, you agree to help us recover funds directed to the incorrect payee.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, 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 ONLINE BANKING.
XVI. Exclusion of Liability and Warranties
Online Banking makes 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 ONLINE BANKING, YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY THEREFORE, ASSOCIATED BANK AND THEIR RESPECTIVE 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 ONLINE BANKING OR THE BILL PAYMENT SERVICE, AND ASSOCIATED BANK FURTHER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
XVII. 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.
1. Tell us your name and Account number (if any).
2. 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.
3. 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.
XVIII. Account Information Disclosure
We will disclose information to third parties about your Account(s) or the transactions you make:
XIX. Third Parties
You understand that support and services relating to Online Banking are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.
XX. Electronic Record Consent
You consent to receive Electronic Records that may be required to be made available during the course of your Online Banking relationship with us. 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.
XXI. Your Right to Obtain Paper Copies
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.
XXII. Periodic Statements
Your Online Banking Account activity will appear on your periodic account statement.
XXIII. Notification of Change in Name or Address
You agree to notify us promptly in writing of any change in name, address or email address via secure messaging or to Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point, Wisconsin 54481.
XXIV. Imaging of Checks, Debit and Credit Items and Deposit Tickets
We will make every effort to produce legible images of account checks, debit and credit items and deposit tickets the next Business Day after the item(s) have been posted to your account. Images will be available up to ninety (90) days after the checks, debit and credit items and deposit tickets have been posted to the account. Some items will produce poor quality images or may not produce an image. In those cases, it is not our responsibility to remedy the image quality. For better processing quality, we recommend use of the forms and check stock approved by us.
XXV. Termination or Discontinuation
In the event you wish to discontinue Online Banking, you must notify us in writing. Written notice of service discontinuance must be supplied ten (10) Business Days prior to the first day of the month to: Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point, Wisconsin 54481. You may also notify us through secure messaging. If you notify us verbally, you must also send us written notification. After your proper notice is received by us, the actual discontinuance date of Online Banking, for purposes of monthly fees, will be the first day of the next month. As such, monthly fees for Online Banking will not be pro-rated. We may modify, suspend or terminate your privilege of using Online Banking and may withhold approval of any Transaction, at any time, without prior notice to you. In the event we terminate Online Banking, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. For security purposes, if you do not use Online Banking for an extended period of time, we may terminate your Online Banking. Any one person who can use the Account accessible with Online Banking may terminate Online Banking. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
XXVI. Information Authorization
In order to facilitate Online Banking, the Bill Payment Service, or to investigate fraud related to Online Banking, it may be necessary to obtain additional information from other financial institutions, merchants or consumer credit reporting companies. By accepting and using Online Banking, 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 Bill Payment Transaction from a merchant or other payee to resolve payment-pending problems.
XXVII. Credit Cards
You may not assign this Agreement to any other party. We may assign this Agreement to our successor in interest or to any, directly or indirectly, affiliated company. We may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
XXIX. 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.
We may amend this Agreement at any time. The Agreement in its current form will always be available Online at the Terms and Conditions link. We may require that you accept changes at the time you sign in or we may provide Notice to you at your current address in our files. Amendments will be effective upon the date posted at Online Banking.
XXXI. Governing Law and Conflict Provisions
Your use of Online Banking is governed by these Online Banking Terms and Conditions as well as the Deposit Account Agreement, any loan agreement and related documentation, other applicable documentation governing any matter related to your use of Online Banking, clearinghouse rules, federal law and law of the state where you reside if in Wisconsin, Illinois or Minnesota, or, if you reside outside one of these three states, Wisconsin law applies (without regard to state conflicts of law principles),to the extent that federal and state laws have not been varied by these Online Banking Terms and Conditions and the Deposit Account Agreement. In case of a discrepancy between these Online Banking Terms and Conditions and the Deposit Account Agreement solely relating to your use of Online Banking, these Online Banking Terms and Conditions control and otherwise the Deposit Account Agreement controls.
XXXII. Providing Phone Number
By providing a phone number and/or cellular number, 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.
You agree not to use Your Account or the Online Banking Service or the Bill Payment Service in any illegal activity. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. Associated Bank, N.A. is a Member FDIC and an Equal Housing Lender. You agree that you will use Online Banking for personal use only. Online Banking is not intended for use outside the United States.
EXHIBIT A. CASH BACK PERKS OFFERS THROUGH ONLINE BANKING
You have been automatically enrolled to receive special offers for debit card purchases from merchants (the “Cash Back Perks Service”) through your Online Banking account activity. The terms and conditions of this Agreement, your Deposit Account Agreement, and your Debit Card/ATM Cardholder Agreement, including any limitation of liability provisions, will apply to the Cash Back Perks Service. The Cash Back Perks Service is provided through Cardlytics, Inc., a third party service provider, and will be available to you for Accounts that we determine to be eligible.
II. Terms of Cash Back Perks Service
When you view certain account activity using Online Banking, merchant offers (“Cash Back Perks Offers”) will appear from participating merchants (“Cash Back Perks Offers”). The types of Cash Back Perks Offers you may receive are based on your location and past history of debit card use. In order to earn a Cash Back Perks Offer, you must first activate the offer by selecting it on your computer or mobile device, if mobile device access is available. After you have activated a Cash Back Perks Offer you are eligible to earn the savings or rewards described in the offer (“Cash Back Perks”) by using the debit card associated with your Account to make qualifying purchases. You cannot earn or qualify for a Cash Back Perks Offer for any portion of a purchase paid for with a payment method other than the debit card associated with the Account bearing the activated Cash Back Perks Offer. Purchases must be made in compliance with the requirements of the Cash Back Perks Offer. Cash Back Perks are credited to the account we designate in our records to receive Cash Back Perks. All Cash Back Perks are paid by the participating merchants and not Associated Bank. Therefore, Credit for Cash Back Perks cannot be immediately given at the time of purchase. Cash Back Perks are earned on a calendar month basis and credited to your account on the statement following the statement cycle in which they are earned. For example, if the close of your statement cycle is the 15th day of each month and you earn Cash Back Perks on January 29, your Cash Back Perks are earned during your February 15th statement cycle and will generally be credited on the statement issued on or after March 15th. The Account designated to receive Cash Back Perks must be open on the date the Cash Back Perks are scheduled to be posted. If the Account designated to receive Cash Back Perks has been closed by you or us, we will use your Cash Back Perks to offset amounts you owe to us. For any remaining Cash Back Perks, we may in our sole discretion attempt to find another Account that is eligible to receive your Cash Back Perks. Any Cash Back Perks that cannot be credited to an open Account will be forfeited unless within 60 days of the date your account is closed you send a written request for uncredited Cash Back Perks to Associated Bank, WE CARE Department, 1305 Main Street, MS 7722, Stevens Point, WI 54481-0327. Associated Bank will retain any Cash Back Perks that are forfeited. If you receive a credit for a purchase for which you earned Cash Back Perks (e.g., for returned purchases of goods or services) that reduces the amount of Cash Back Perks you were eligible to receive we may debit the Account associated with the debit card used to earn the Cash Back Perks. You further agree that we may debit your Account or any other Account to adjust for any of the following:
III. Information Sharing
We will not share any of your personally identifiable financial information with Cardlytics, Inc. or any other party, unless we are otherwise permitted to do so. However, you expressly agree that we may compile and share with Cardlytics, Inc. aggregate analytics regarding all depositors’ activation and use of offers made through the Cash Back Perks Service and that your activation and use of Cash Back Perks Offers will be included in the aggregate information that we share.
IV. Third Party Services; Websites
Through your use of the Cash Back Perks Service, you may be made aware of certain services, products, offers, and promotions provided by third parties (“Third Party Services”). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
The Cash Back Perks Service may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representation with respect to Third Party Websites, and the inclusion of any link in the Cash Back Perks Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
V. Limitation of Liability; No Warranty
Not withstanding any other provision or agreement applicable to our liability, we shall not be liable for any losses resulting from your use of the Cash Back Perks Service or for any of Cardlytics, Inc.’s acts or omissions. For the avoidance of doubt, we will not be liable for any of the following, which is meant to be a non-exclusive list:
VI. Opt-Out and Termination
You will be automatically enrolled in the Cash Back Perks Service. If you wish to opt out of this service, you must follow the opt-out instructions on your account overview or account activity page within Online Banking. If you opt out, you may re-enroll at any time. The Cash Back Perks Service will automatically terminate upon termination of Online Banking. We also reserve the right to terminate the Cash Back Perks Service at any time with or without notice to you. Upon termination or opt-out, any offers you have activated through the Cash Back Perks Service will be honored through their expiration date.