Disclosures, Account Agreements and Terms & Conditions
Terms and Conditions of the Bill Payment Service
Summary of Changes, effective October 17, 2012
Electronic Notice Disclosure and Agreement
In order to sign up for the Bill Payment Service and related add-on services within the Terms and Conditions of the Bill Payment Service (such as Account to Account Transfer Service, Person to Person Transfer Service, Overnight Check Service and Same Day Bill Pay Service), Associated Bank is required to obtain your consent to the receipt of certain disclosures and agreements in electronic format. These documents contain the terms and conditions that will apply to the Bill Payment Service and related add-on services. In addition, to provide certain future notices to you electronically only, Associated Bank is required to obtain your consent to the receipt of the required disclosures and notices in electronic format only. Some examples of required notices are a change in terms notice of a fee that is required to be disclosed under applicable law, an annual error resolution notice pursuant to Regulation E and the annual “What Does Associated Banc-Corp Do With Your Personal Information?” notice. You have the right to withdraw your consent to have these required notices provided or made available only in electronic format by calling us at 800-682-4989, or in writing at Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point, Wisconsin 54481. Associated Bank will notify you by email or a message within the Online Banking Service or within the Bill Payment Service when the required notices are available for viewing. If your email address should change in the future, you must update the My Profile tab with your new contact information. If you do not update as mentioned above, we will continue to send you the required notices electronically for a period of time. As a result, you may not receive the notice.
Terms and Conditions of the Bill Payment Service
This Terms and Conditions of the Bill Payment Service document (hereinafter “Agreement") is a contract between Associated Bank, National Association (hereinafter “Associated”, “We,” “we,” “Us,” us,” “Our” or “our,”) and you (hereinafter “Customer,” “You,” “you,” “Your” or “your”) in connection with the Bill Delivery and Presentment Service, the External Account to Account Transfer Service (“A2A Transfer Service”), the Popmoney Person to Person Transfer Service (“P2P Transfer Service”), Overnight Check Service and Same Day Bill Pay Service (the “Services” and, individually, each a “Service”) offered through the Site. This Agreement applies, generally, to your use of the Services and the portion of the Site through which the Services are offered. However, as indicated below, certain sections of this Agreement apply only to the specific Service indicated. By accessing the Site and utilizing a Service, you acknowledge that you have read and agree to this Agreement. Please read this Agreement carefully. This Agreement provides the terms and conditions for your use of the Services. The Services are also subject to, and this Agreement amends, the Online Banking Terms and Conditions, including but not limited to the Deposit Account Agreement and the Dispute Resolution and Arbitration provisions contained therein, which terms and conditions are restated and incorporated herein by reference, and by applicable clearinghouse rules, state laws, federal laws and regulations (in each case to the extent that such have not been varied by this Agreement). “State laws” refers to the laws of the state where you reside if in Wisconsin, Illinois or Minnesota. If you reside outside one of these three states or opened an Account online, “state law” refers to Wisconsin law (in each case, without regard to state conflicts of law principles). In the event of any inconsistency between this Agreement and the Online Banking Terms and Conditions, the terms and conditions of this Agreement shall control.
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2.1 “Affiliates” mean companies related by common ownership or control.
2.2 "Business Day" means Monday through Friday, during business hours excluding Federal Reserve holidays or other days that banks are legally closed.
2.3 “Service Provider” means companies that we have engaged to render some or all of the Services to you on our behalf, including the Bill Payment Service provider.
2.4 "Site" means the online banking website through which the Service is offered.
2.5 "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.
3. Service Providers.
We are offering you the Services through one or more Service Providers that we have engaged to render some or all of the Services to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. “Service Provider” and certain other terms are defined in “Definitions” sections in this Agreement.
Bill Delivery and Presentment Service
The following sections 4 through 14 apply only to the Bill Delivery and Presentment Service and Customer’s use of that service.
4. Description of Service.
You must sign up for Online Banking by agreeing to the Online Banking Terms and Conditions in order to use the Bill Delivery and Presentment Service. Online Banking is a convenient and easy way to access your personal checking, savings, money market, home equity, premier lines, credit cards and certain loan accounts online. You can view your balance information and transaction history, transfer funds between your accounts at Associated, manage your Associated Mobile Banking® account, set up alerts, send messages to our Customer Care Center and much more. In addition to the services provided through Online Banking, through the Bill Delivery and Presentment Service you can:
(2) Make payments to several billers at once;
(3) Make payments for different amounts at different times – like your phone or utility bill;
(4) Send money to any individual in the United States;
(5) Make payments faster than through standard Bill Delivery and Presentment Service through the add-on Same Day Bill Pay Service or Overnight Check Service;
(6) Receive your billing statement and pay your bill within the Bill Delivery and Presentment Service system (select merchants only); and
(7) Receive an alert such as a reminder that a scheduled monthly payment is due.
5.1 "Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
5.2 "Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
5.3 "Payment Account" is the checking account from which bill payments will be debited or Service fees will be automatically debited.
5.4 "Payment Instruction" is the information provided by you to us for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number and Scheduled Payment Date).
5.5 “Scheduled Payment” is a payment that has been scheduled through the Bill Delivery and Presentment Service but has not begun processing.
5.6 "Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day. Note, for some check based payments, the Payment Account may not be debited until the check is processed by Associated.
5.7 “Late Payment Fee” means a one-time charge imposed directly as a result of the failure to deliver to the Biller a Scheduled Payment, which was properly scheduled in accordance with the Payment Scheduling paragraph of this Agreement, by the payment Due Date, and does not include, without limitation, default interest or other resulting incidental or consequential, charges, losses or damages.
6. Payment Scheduling.
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the Service when you are scheduling the payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. In addition, you can elect, for an additional fee, through use of the Bill Delivery and Presentment Service to have your remittances accelerated through the Site through use of either the Same Day Bill Pay Service or the Overnight Check Service, so long as you meet the applicable daily cut off time. If the Service Provider has the required electronic transfer agreement with the Biller, then the payment will be made the same day electronically through the Same Day Bill Pay Service and a fee as set forth in Exhibit A Service Fees will be incurred by you for that electronic payment; if no such agreement exists, then the payment will be sent the same day via check through the Overnight Check Service and a fee as set forth in Exhibit A Service Fees will be charged for that service. All such fees will be paid by you directly to our Service Provider who will then remit a portion of those fees to us for services rendered. You agree to pay such charges and authorize us to deduct the amount from the Payment Account you hold with us for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts as set forth in the Consumer Deposit Account Fee Schedule will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
7. On-Time Payment Guarantee.
Due to circumstances beyond our control or that of the Service, particularly delays in handling and posting payments by certain third parties including Billers or financial institutions, some transactions may take longer to be credited to your account. We will bear responsibility for a late payment fee should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under Section 6 "Payment Scheduling," in this Agreement.
8. Bill Delivery and Presentment.
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Delivery and Presentment Service’s electronic bill options, you also agree to the following:
8.1 Information provided to the Biller – We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. We may, at the request of the Biller, provide to the Biller your email address, service address or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about the Bill Delivery and Presentment Service and/or bill information.
8.2 Activation – Upon activation of the electronic bill feature the Service, we may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
8.3 Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
8.4 Notification – We will use our best efforts to present all of your electronic bills promptly. In addition to notification within the Service, we may send an email notification to the email address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically sign in to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
8.5 Cancellation of electronic bill notification – The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
8.6 Non-Delivery of electronic bill(s) – You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
8.7 Accuracy and dispute of electronic bill – We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
8.8 This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
9. Biller Limitation.
We reserve the right to refuse to pay any Biller to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
10. Payment Methods and Amounts.
We reserve the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to us for payment). For security reasons, there are limits on the number of withdrawals and the amounts of withdrawals you can make using this Service.
11. Payment Cancellation Requests.
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment, it cannot be cancelled or edited; therefore a stop payment request must be submitted.
12. Failed or Returned Transactions.
In using the Service, you are requesting us to make payments for you from your Payment Account. If you do not have a sufficient Available Balance in your Payment Account in at least the amount of your requested payment, (a “Withdrawal Request” under the Deposit Account Agreement) your transaction may not be completed. You agree that the Service Provider may, in its sole discretion, advance funds on your behalf to complete your requested payment even if you do not have a sufficient Available Balance in your account to make the requested payment. In the event that occurs, the Service Provider will attempt to obtain from Biller a return of the payment made, although there is no guarantee that the Service Provider will be successful in that regard, and you will be responsible for the amount of the payment. In the event that the Service Provider advances funds on your behalf to complete your requested payment and you do not have a sufficient Available Balance in your account to make the requested payment (“Deficiency”) you will receive a return notice from the Service Provider to that effect. In such case, you agree that:
(2) For any Deficiency amount not reimbursed by you to the Service Provider, within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed by the Service Provider;
(3) You may be required to reimburse us and the service provider for any fees imposed by us or the Service Provider, or upon us, as a result of the Deficiency and, if so, such fees will be disclosed in the Consumer Deposit Account Fee Schedule;
(4) You will reimburse us and the Service Provider for any attorney’s fees and other costs we incur in attempting to collect the amount of the Deficiency from you; and
(5) The Service Provider may report the facts concerning any Deficiency owed to Service Provider to any credit reporting agency. Please refer to the Deposit Account Agreement for when Associated Bank, N.A. may report facts concerning your use of account(s) to any credit reporting agency.
13. Exception Payments.
“Exception Payments” means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including without limitation stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property), tax payments and court ordered payments. Exception Payments may be scheduled through the Service, however, such payments are discouraged and are scheduled at your own risk. In no event shall we be liable for any claims or damages resulting from your scheduling of these types of payments. The On-Time Payment Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. We have no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not us.
14. Returned Payments.
In using the Service, you understand that Billers and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. We will use our best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service Provider.
External Account to Account Transfer Service
The following sections 15 through 21 apply to only the A2A Transfer Service and Customer’s use of that service.
15. Description of Service.
The External Account to Account Transfer Service (“A2A Transfer Service”) enables you to transfer funds between your Account(s) that you maintain with us and your account(s) that are maintained by other financial institutions. You represent and warrant that you have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. Further, you represent and warrant that the Recipient Account is located in the United States.
16.1 “Account” for purposes of the A2A Transfer Service means a checking account.
16.2 "Recipient Account" is the account to which your funds will be credited.
16.3 “Sender” means the Transaction Account holder initiating a transfer through the A2A Transfer Service.
16.4 "Transaction Account" is the Account from which your funds will be debited, your A2A Service fees will be automatically debited or to which funds will be returned.
16.5 "Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.
17. Transfer Methods and Amounts.
We may, at our sole discretion, impose limits on the amount of money you can transfer through our A2A Transfer Service. We also reserve the right to select the method in which to transfer funds on your behalf, and the method to return funds to you in the event that the Recipient Account is closed or otherwise unavailable to us. For security reasons, there are limits on the number of withdrawals and the amounts of withdrawals you can make using this Service.
18. Failed or Returned Transfers.
In using the A2A Transfer Service, you are requesting us to make transfers for you from your Transaction Account. If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, you have an insufficient Available Balance in your Transaction Account to cover the transaction), the transfer may not be completed. In some instances, you will receive a return notice from the Service Provider. In each such case, you agree that:
18.1 You will reimburse us immediately upon demand the transfer amount that has been returned to us;
18.2 For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
18.3 You may be assessed a fee by our Service Provider and by us if the transfer is returned because you do not have a sufficient Available Balance in your Transaction Account to cover the requested transfer or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us or your Deposit Account Agreement with us. You hereby authorize us to deduct these amounts from your designated Transaction Account by ACH debit;
18.4 You will reimburse us and our Service Provider for any fees or costs we or they incur in attempting to collect the amount of the return from you; and
18.5 We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.
19. Refused Transfers.
We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.
20. Transfer Cancellation Requests and Refused Transfers.
You may cancel a transfer at any time until it begins processing (as shown in the Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) that check has not been cashed, we will stop payment on it and transfer funds to an “unclaimed funds” account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.
21. Service Fees and Additional Charges.
You will pay fees to our Service Provider for use of the A2A Service, who will then remit a portion of those fees to us for services rendered, and such fees will be disclosed in Exhibit A, Service Fees. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Account you hold with us, whether a Transaction Account or Recipient Account, for these amounts and any additional charges that may be incurred by you and send them directly to the Service Provider. If we hold both the Transaction Account and the Recipient Account, then you authorize us to deduct such amounts and charges from the Transaction Account. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
PopMoney Person to Person Transfer Service
The following sections 22 through 32 apply to only the P2P Transfer Service and Customer’s use of that service.
22. Description of Service.
The P2P Transfer Service enables you: (1) to initiate a payment transaction from an Eligible Transaction Account to an account at a United States financial institution; and/or (2) to receive a payment transaction from another person into an Eligible Transaction Account, in U.S. dollars. Although the ACH Network is often used to execute P2P Transfer Service payment transactions, other Payment Networks may be used to facilitate the execution and transmission of payment transactions. All payment transactions must be made through the Site and receipt of payment transactions may be made through the Site.
23.1 “Account” for purposes of the P2P Transfer Service means a checking account.
23.2 “Available funds” as used in the Site or the P2P Transfer Service has the same meaning as Available Balance.
23.3 "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
23.4 "Eligible Transaction Account" is a personal checking account from which your payments as a P2P Sender will be debited, your Popmoney Service fees will be automatically debited, or to which payments and credits to you will be credited.
23.5 "Payment Instruction" is the information provided by the P2P Sender to the Popmoney Service for a payment to be made to a Receiver (such as, but not limited to, name, mobile telephone number, email address, and bank account and routing number information).
23.6 “Payment Network” means a payment network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
23.7 “P2P Request” means functionality that, if provided to you, allows a Requestor to request that another individual initiate a Payment Transaction to the Requestor through the Service.
23.8 "P2P Sender" is a person or business entity that sends a payment transaction through the Service.
23.9 "Receiver" is a person or business entity that is sent a payment transaction through the Service.
23.10 “Requestor” is a person that requests an individual initiate a Payment Instruction through the P2P Service.
24. Initiation of Payment Transactions.
24.1 You may initiate (a) a one-time payment transaction to a Receiver for which processing shall be initiated immediately, (b) a one-time payment transaction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year and (c) a recurring series of payment transactions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site.
24.2 Payment transactions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete an ACH Network transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address or mobile telephone number) and the P2P Transfer Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney website and then (ii) provide Eligible Transaction Account information in order to complete the payment transaction (a "Two-Step Transfer"). If the Receiver maintains an Eligible Transaction Account with an institution that participates in the P2P Transfer Service, the Receiver may access the P2P Transfer Service at his or her financial institution’s website or mobile application to complete the payment transaction and receive the payment.
24.3 You understand and agree that when you initiate a payment transaction from an Eligible Transaction Account using the P2P Transfer Service, the processing of the payment transaction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next Business Day after you initiated the payment transaction. If you request a one-time payment transaction to be initiated on a specified date or a recurring series of payment transactions to be initiated on specified dates, then the processing of the payment transaction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not provided the Popmoney Service with certain required information such as his or her Eligible Transaction Account information.
25. Receiving Payments.
25.1 If another person wants to send you a payment transaction using the P2P Transfer Service to an Eligible Transaction Account you hold with us, he or she can do that from an account at a financial institution that participates in the P2P Transfer Service or at the Popmoney website.
25.2 You understand and agree that there may be a delay between the time you are notified of the pending payment transaction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account. You authorize the P2P Sender, the financial institution which holds the P2P Sender's account and the Service Provider to send emails to you and text messages to your mobile phone in connection with the P2P Sender's initiation of payment transactions to you, and, as a Receiver, you may also receive electronic gift cards or requests from others for payment through the Service.
26. Payment Methods and Amounts.
We impose limits on the amount of money or gift card value you can send or receive through the P2P Transfer Service. There is a $5 minimum transaction amount. These limits may be adjusted from time-to-time at our sole discretion. You may sign in to the Site to view your individual transaction limits. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Eligible Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic or paper check payment. For security reasons, there are limits on the number of withdrawals and the amounts of withdrawals you can make using this Service.
27. Failed or Returned Payment Transactions.
In using the Service, you are requesting us to attempt to make payments for you from your Eligible Transaction Account. If we are unable to complete the payment transaction for any reason associated with your Eligible Transaction Account (for example, you do not have a sufficient Available Balance in your Eligible Transaction Account, or the payment transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment transaction), the payment transaction may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:
(a) You will reimburse us immediately upon demand for any transaction amount delivered to a Receiver for which your Eligible Transaction Account does not contain an Available Balance equal to the transaction amount;
(b) For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
(c) You may be assessed a fee by our Service Provider and by us if the payment transaction cannot be debited because you do not have a sufficient Available Balance in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the requested transfer, or if we cannot otherwise collect the funds from you; if such fee is charged, it will be disclosed in the Consumer Deposit Account Fee Schedule, which fee may be paid by Bank to the Service Provider and reimbursed by you to the Bank. You hereby authorize us to deduct these amounts from your designated Eligible Transaction Account, by ACH debit;
(d) You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you; and
(e) We are authorized to report the facts concerning the return to any credit reporting agency.
28. Payment Cancellation and Refused Payments.
A P2P Sender may cancel the initiation of a payment transaction at any time until the processing of the payment transaction into the Receiver’s account has begun. Our ability to recover funds associated with an unauthorized payment transaction will depend on the manner in which the payment transaction was initiated, and whether the payment transaction to the Receiver’s account has begun processing. We may also require you to present your request to recover funds in writing within fourteen (14) days after contacting our Customer Care Center. The charge for each fund recovery request will be the current charge for such funds recovery service as set out in the Consumer Deposit Account Fee Schedule. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a P2P Sender initiates a payment transaction, the Receiver is not required to accept the payment transaction. You agree that you as a P2P Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a payment transaction initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
29. Mobile Phone Users.
Your phone service provider is not the provider of the Service. Users of the Service may receive text messages relating to their payment, receipt of funds and other notices. You will receive text messages related to your payment transactions from time to time. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word "HELP" to this number: 767666. To stop receiving text messages on your mobile phone, text "STOP" to this number: 767666.
30. Refused Payments.
We reserve the right to refuse to pay any Receiver. We will notify the P2P Sender promptly if we decide to refuse to pay a Receiver designated by the P2P Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
31. Returned Payments.
In using the Service, you understand that Receivers may reject payment transactions or otherwise return payments. We will use reasonable efforts to complete payment transactions initiated through the Service.
32. Service Fees and Additional Charges.
Associated Bank does not charge a fee to the sender or the recipient for a P2P transaction. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
The Following Sections 33 Through 60 Apply to All Services and Customer's Use of the Services.
33. Service Cancellation, Termination or Suspension by Us, and Other Remedies for Breach.
If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
34. Stop Payment Requests.
With respect to the Bill Delivery and Presentment Service, our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. A P2P Sender may stop a payment transaction at any time until the processing of the payment transaction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a payment transaction will depend on the manner in which the payment transaction was initiated, and whether the payment transaction to the Receiver’s Eligible Transaction Account has begun processing. We may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment or transfer that has already been processed, or if you as a Sender desire to stop any transfer that has already been processed, you must contact our Customer Care Center. Although we will make every effort to accommodate your request, and to recover funds associated with an unauthorized payment transaction, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. We may charge you for each stop payment request and, if so, the current charge for such service will be as set out in the Consumer Deposit Account Fee Schedule.
35. Disclosure of Account Information to Third Parties.
Our Service Providers will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
(2) Where it is necessary for activating additional services;
(3) In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
(4) To a consumer reporting agency for research purposes or for other purposes otherwise specified herein;
(5) In order to comply with a governmental agency or court orders; or
(6) If you give us your written permission.
For Associated Bank, National Association, the circumstances under which Associated Bank may provide information about your accounts to third parties are summarized in Associated Bank’s current privacy notice (i.e., WHAT DOES ASSOCIATED BANC-CORP DO WITH YOUR PERSONAL INFORMATION?) and Deposit Account Agreement – available at www.associatedbank.com/forms, or you may request a paper copy by writing to Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point, Wisconsin 54481.
36. Your Liability for Unauthorized Transactions.
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
37. Errors or Questions.
In case of errors or questions about any of your transactions using any of the Services, you should as soon as possible notify us via one of the following:
2. Contact us by using the Message Center within Online Banking; and/or
3. Write us at:
Attn: MS 7722
1305 Main Street
Stevens Point, Wisconsin 54481
If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error.
If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
38. Notices to Us Regarding the Service.
Except as otherwise stated in this Agreement, notice to us concerning the Site or the Service must be sent by postal mail to the address listed in Section 37. We may also be reached at the telephone number listed in Section 37 for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under this Agreement.
39. Notices to You.
You agree that we may provide notice to you by posting it on the Site, sending you a message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed payment transactions, alerts for validation and notices of receipt of payment transactions) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in section 37 or as described in the Electronic Notice Disclosure and Agreement. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request as set forth in Exhibit A. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.
You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the officers, directors, agents, employees, representatives and contractors of each of these, from any loss, damage, claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service.
41.1 If you have a dispute with one or more other users of the Site or the Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive and release any and all provisions, rights and benefits conferred either (i) by § 1542 of the California Civil Code, which reads: “Section 1542. General release; extent. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor;” or (ii) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code.
41.2 We do not have control of, or liability for, any products or services that are paid for through either the Bill Pay or the P2P Service. We do not guarantee the identity of any user of the Services (including but not limited to accounts to which you send payments).
42. Intellectual Property.
All marks and logos related to any of the Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons and scripts are our service marks, trademarks and/or trade dress or those of our licensors. You may not copy, imitate or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
43. Alterations and Amendments.
43.1 This Agreement, applicable fees and service charges may be altered or amended by us from time to time. In such event, we will provide notice to you. Any use of any of the Services after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services and/or related material and limit access to only the Services’ more recent revisions and updates. In addition, you agree to receive all legally required notifications via electronic means.
43.2 This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
44. Address or Banking Changes.
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting our Customer Care Center. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
45. Calls to You.
By providing us with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls from us or our Service Provider at that number for non-marketing purposes. For example, we or our Service Provider may contact you in connection with validating or processing a transaction that you’ve requested through the Services. Further, with regard to the P2P Transfer Service, you consent to receiving text messages from us at that number and/or emails from us for marketing purposes.
46. Receipts and Transaction History.
You may view at least six months of your account activity with the applicable Service Provider by signing in to your account and looking at your account activity page or your account statement. You agree to view your transactions by this method; you will not receive receipts by mail.
47. Service Termination, Cancellation or Suspension.
In the event you wish to cancel all of the Services, you may have the ability to do so through the product, or you may contact our Customer Care Center via one of the following:
2. Write us at:
Attn: MS 7722
1305 Main Street
Stevens Point, Wisconsin 54481
Any payment(s) already processed before the requested cancellation date will be completed by us. All Scheduled Payments including recurring payments will not be processed once the Services are cancelled.
We may terminate or suspend the Services at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
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 any of our rights and responsibilities under this Agreement to independent contractors or other third parties.
49. No Waiver.
We shall not be deemed to have waived any of its rights or 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 waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement
51. Links and Frames.
Links to other sites may be provided on the portion of the Site through which the Services are offered, for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. (A "cookie" is an element of data that a website can send to your browser, which may then store it on your system. A cookie helps a website to recognize whether or not you have visited the website before, allowing the browser to provide your information back to the server on subsequent visits. A cookie does not retrieve any data from your hard drive, does not carry computer viruses and does not reveal anything about you that you have not already revealed.) You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
52. Exclusions of Warranties.
THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
53. Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.
54. Prohibited Use.
54.1 You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Services, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way.
54.2 In addition, you are prohibited from using the Services for communications, payments, transfers or any other activities or transactions (and we have the right but not the obligation to monitor for, block and/or reverse the same) that:
54.2.1 Are to or from persons or entities subject to applicable government sanctions;
54.2.2 Violate any law, statute, ordinance or regulation;
54.2.3 Involve : (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
54.2.4 Relate or involve gambling, gaming and/or any other activity with an entry fee and a prize, including but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
54.2.5 Relate to or involve transactions that (1) support pyramid or “Ponzi” schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services;
54.2.6 Are tax payments or court ordered payments;
54.2.7 Impose an unreasonable or disproportionately large load on our infrastructure;
54.2.8 Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
54.2.9 Constitute use of any robot, spider, other automatic device or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission;
54.2.10 Constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; and/or
54.2.11 May cause us or our Service Providers to lose any of the services from our internet service providers, payment processors or other vendors.
54.3 We encourage you to provide notice to us by the methods described in section 37 above of any violations of this section or the Agreement generally.
54.4 In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses as set forth in this Section.
54.5 We have the right but not the obligation to monitor for, block and/or reverse any of the above referenced prohibited communications, payments, transfers or other activities or transactions.
54.6 In addition to the above-referenced prohibitions, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments or our failure to monitor for, block and/or reverse such payments. Unless required by applicable law, we have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in section 37 above of any violations of this section or the Agreement generally.
54.7 You represent and warrant that any Biller, Receiver, Recipient Account or other person or account to whom or to which funds are transferred is located in the United States. Payments to Billers outside the United States and its territories are prohibited through the Service.
54.8 For clarity, the Services are offered only to individual residents of the United States who can form legally binding contracts under applicable law and, without limiting the foregoing, are not offered to minors.
54.9 You agree not to use any of your money market or savings accounts for the A2A Transfer Service, the P2P Transfer Service, the Overnight Check Service or the Same Day Bill Pay Service (“MM transactions”). If you attempt to make MM transactions we may, at our discretion, allow you to do so, however, keep in mind that:
These MM transactions are subject to this Regulation D provision, except that each MM transaction will be counted twice for this purpose.
55. Privacy of Others.
If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
56. Information Authorization.
Your enrollment in any of the Services may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in any of the Services, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain personal information about you, including (without limitation) financial information and transaction history regarding your Eligible Transaction Account, your Payment Account or any other Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Services, to authenticate you when you sign in, to send you information about the Services, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure and improve the Services and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, audit reasons and as permitted by applicable law for everyday business purposes. In addition we and our Service Providers may use, store and disclose such information acquired in connection with the Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Services.
It is your responsibility to determine what, if any, taxes apply to any transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any transaction.
58. Password and Security.
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling our Customer Care Center at 800-682-4989, available 24/7.
59. Payment Authorization and Payment Remittance.
59.1 By providing us with names, telephone numbers, email addresses and/or account information of Billers or Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive from you through your use of the Service. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Biller or Receiver directives.
59.2 When we receive a Payment Instruction or a Transfer Instruction, you authorize us to debit your Payment Account or your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize us to credit your Payment Account or your Eligible Transaction Account for payments returned to the Service by the United States Postal Service, Receiver or Biller, or payments remitted to you on behalf of another authorized user of the Service. You also authorize us to credit your Payment Account or your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Billers or Receivers to whom you sent payment(s) or cancelled and returned to you because the processing of the payment transaction could not be completed.
59.3 When we receive a Payment Instruction or a Transfer Instruction from you, you authorize us to debit your Payment Account or your Eligible Transaction Account and remit funds on your behalf to the Recipient Account or the Receiver designated by you. You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds.
59.4 You acknowledge and agree that if your Payment Instructions or Transfer Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions or Transfer Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.
59.5 You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
59.6 We will use our best efforts to make all your payments properly. However, we shall incur no liability and any On Time Payment Guarantee as set forth in Section 7 shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
(2) The payment processing center or the Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
(3) The payment is refused as described in Sections 9, 19, 28 or 30 of this Agreement;
(4) You have not provided us with the correct Payment instructions, Payment Account, Recipient Account, or Eligible Transaction Account information, or the correct name, address, phone number or account information for the Biller or Receiver; and/or
(5) Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the payment transaction and we have taken reasonable precautions to avoid those circumstances.
59.7 Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account or your Eligible Transaction Account or cause funds from your Payment Account or your Eligible Transaction Account to be directed to a Biller or Receiver which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account or your Eligible Transaction Account, for directing to the proper Biller or Receiver any previously misdirected transactions and, if applicable, for any late payment related charges.
59.8 It is your responsibility to ensure the accuracy of any information that is entered into the Service (including but not limited to the Payment Instructions and name, telephone number and/or email address that the Sender enters for the Biller or the Receiver to whom you are sending the payment transaction), and for informing us as soon as possible if they become aware that this information is inaccurate. Neither the Sender, the Biller nor the Receiver may use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a payment transaction or transfer made to the wrong person or entity or the wrong Recipient Account once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you, the Biller or the Receiver.
60. 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.
Exhibit A. Service Fees
|No charge for Online Banking and Online Bill Pay for all Associated personal account holders – view balances and account activity, transfer funds*, receive eStatements, view check images and deposit receipts, pay bills* and more.|
|The following fees apply to optional additional services.|
| Popmoney® person-to-person transfers (P2P)
Send money electronically from your Associated account to another person’s bank account using an email address or mobile number.
| Send funds - No charge,
Receive funds - No charge
| External account-to-account transfers (A2A)
Transfer money between your Associated Bank account and accounts you own at non-Associated financial institutions.
| Outbound - $0.50 each,
Inbound - No charge
| Overnight check payments
Send paper bill payments via overnight courier (next business day delivery). Includes tracking information and delivery confirmation.
| Same-day bill payments
Send same-day electronic bill payments to national and regional billers.
|Associated Mobile Banking® is available for personal accounts. Associated Bank does not charge a fee to use our mobile banking and text banking services. Message and data rates may apply. Check your carrier plan for details.|
*No charge for transactions up to your Available Balance.
Please refer to the Consumer Deposit Account Fee Schedule for fees applicable to your deposit accounts, including overdraft related fees. Associated Bank, N.A. is a Member FDIC.
Please note, the Service Provider may charge you fees in the case of a Deficiency or for transfers in which the Service Provider is not reimbursed for the amount of any transfers and is unable to recover from a Receiver, as set forth in the Agreement.