Summary of Changes, effective September 8, 2013:
Thank you for using the Mobile Banking Services and the related software provided by Associated Bank, National Association combined with your Mobile Device's text messaging and other capabilities. By participating in the Services or using the Software, you are agreeing to the following Mobile Banking Services Terms and Conditions ("Terms and Conditions"), which govern your use of the Services provided by us. Bank in its discretion may modify these Terms and Conditions at any time. Messaging and data charges from your telephone carrier may apply. We recommend that you review your contract with your individual Mobile Device carrier service before enrolling in the Services. Text "HELP" to ABC2GO (222246) to see a list of SMS functions. To cancel your SMS alert functionality, text "STOP" to ABC2GO (222246) at any time.
To view Associated's security information, go to our Security Center at www.AssociatedBank.com/Security.
To view Associated's Deposit Account Agreement, Online Banking Terms and Conditions, and Terms and Conditions of the Bill Payment Service, go to www.AssociatedBank.com/Forms.
1. Terms and Conditions.
2. Defined Terms. As used in these Terms and Conditions, the following terms shall apply:
3. Functions. Using your Mobile Device and Software, you can:
NOTE: Some of the above functions may not be available for all Mobile Devices and/or Mobile Device carrier plans.
4. Authorization. These Terms and Conditions apply to all persons that are party to the Accounts and contain the terms and conditions governing the Services, including disclosures required by federal law. Please read these Terms and Conditions carefully and keep a copy for your records. By clicking "I ACCEPT" when you subscribe for the Services or responding with your activation code, you acknowledge that you have received and read these Terms and Conditions and agree to them.
5. Other Agreements.
6. Service Availability.
7. Hardware and Software Requirements. To use the Services, you will need a Services compatible and supported Mobile Device which you are responsible for providing. The Mobile Device that you use may be subject to unauthorized tracking or other manipulation due to "spyware" or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your software and hardware is at your own risk. We do not guarantee functionality or availability of the Services on all Mobile Devices.
8. Security and Use.
9. Your Obligations. You accept responsibility for making sure that you know how to properly use your Mobile Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Mobile Device.
10. Mobile Device Carrier.
11. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold us, our affiliates, employees and agents, harmless from any and all third party claims, liability, damages, expenses and costs caused or arising from (1) a third party claim, dispute, action or allegation of infringement, misuse or misappropriation based on information, data, files or otherwise in connection with your use of the Services or your violation of any law or rights of a third party.
12. Restriction on Use.
13. Exclusion of Liability and Warranties. The Services make use of a private network, intended for authorized users only. We have confidence in the security measures we employ, however, this is not an invitation for individuals to attempt unauthorized access. BY USING THE SERVICES, YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY; THEREFORE, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, DISCLAIM ANY AND ALL LIABILITY, WHETHER NOW KNOWN OR OTHERWISE, WITH RESPECT TO YOUR USE, AUTHORIZED OR UNAUTHORIZED, OF SERVICES, AND WE FURTHER SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
14. Our Liability for Failure to Process Funds Transfer. We strive to make all your funds transfers according to your instructions. We will, however, incur no liability if we are unable to complete any transfer initiated by you through the Services because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Account, we will be responsible for returning the improperly transferred funds to your Account. If we cause funds from your Account to be directed to an incorrect payee, you agree to help us recover funds that were directed to the incorrect payee.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS AND CONDITIONS, UNLESS OTHERWISE PROHIBITED BY LAW, THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICES.
Sections 15 and 16 below apply to Services related electronic funds transfers on a consumer Account that is subject to Regulation E. For other types of transactions please refer to section entitled "Customer’s Examination Responsibility" of your Deposit Account Agreement.
15. Your Liability. Tell us at AT ONCE if you believe your Mobile Device, username and/or password has been lost, stolen or otherwise became available to an unauthorized person. Please contact us immediately by telephone or in writing. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum overdraft line of credit).
If you tell us within two (2) Business Days after you learn of the loss or theft of your Mobile Device username and/or password, you can lose no more than $50 if someone used your Mobile Device, username and/or password without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Mobile Device, username and/or password, and we can prove that we could have stopped someone from using your Mobile Device, username and/or password without your permission, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the first statement on which the problem or error appeared was mailed to you, you may not get any money you lost after the sixty (60) days if we show that we could have stopped someone from taking the money if you would have told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
16. In Case of Errors or Questions About Your Electronic Transfers. Contact the Customer Care Center by phone (800-682-4989) or write us at Associated Bank, Customer Care Center, 1305 Main Street, Stevens Point, Wisconsin 54481, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days.
We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Account.
The ten (10) day period in the preceding paragraph may be extended to twenty (20) Business Days, if the error involves a transfer to or from the Account within thirty (30) days after the first deposit to the Account was made.
If the error involves an electronic transfer from your Account to buy goods or services direct from a merchant, a transfer initiated outside of the United States or a transfer that occurred within thirty (30) days after the first deposit to the Account was made, the forty-five (45) day time period to investigate your complaint or question will be ninety (90) days in place of forty-five (45) days.
We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
17. Contact in Event of Unauthorized Access. If you believe your password has been lost or stolen or that someone may have fraudulently accessed your Account without your permission, contact the Customer Care Center by phone (800-682-4989), write us at Associated Bank, Customer Care Center, 1305 Main Street Stevens Point, Wisconsin 54481, or contact us via secure messaging.
18. Account Information Disclosure. We will disclose information to third parties about your Account(s) or the transactions you make:
Note: The circumstances under which we may provide information about your Accounts to affiliates and/or third parties are as set forth in our current privacy notice, also referred to as the What Does Associated Banc-Corp Do With Your Personal Information? notice. You agree that we may deliver our privacy notices and opt-out notices to you by making them available on www.associatedbank.com. You may access the privacy notice on www.associatedbank.com, or request a paper copy by writing to us at Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point, Wisconsin 54481.
19. Third Parties. You understand that support and services relating to the Services are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.
20. Information Authorization. In order to facilitate the Services or to investigate fraud related to the Services, it may be necessary to obtain additional information from other financial institutions, consumer credit reporting companies or merchants. By accepting and using the Services, you agree that we have the right to request a review of your credit rating at our expense through an authorized bureau. In addition, you authorize us to obtain information regarding your Services related transactions from a merchant or other payee to resolve payment-pending problems.
21. Additional Privacy Information and User Information for the Services. You acknowledge that in connection with your use of the Services, we and our affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively "User Information"). We and our affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.
We and our affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
22. Providing Phone Number. By providing a phone number to your Mobile Device, you are expressly consenting to receiving communications at that number from us and our agents. Such communications may include, but are not limited to, text messages, prerecorded or artificial voice message calls and/or calls made by an automatic telephone dialing system. Note: If you do not want to be called for marketing purposes, ask to be added to our internal do-not-call for marketing list.
23. Fees. We do not currently charge any additional fees for using the Services. If we start charging fees in the future for the Services, you will be provided prior notice. You authorize us to automatically charge your Account for all such fees incurred regarding the Services.
Note: Please refer to the Terms and Conditions of the Bill Payment Service and related fee disclosures for fee information pertaining to the Online Bill Pay Service. Please refer to the Online Banking Terms and Conditions for information pertaining to the Online Banking Service.
Message and data rates may apply to your use of the Services. Check your carrier plan for details.
24. Electronic Record Consent and Your Right to Obtain Paper Copies. You consent to receive electronic records that may be required to be made available during the course of your relationship with us with respect to the Services. You have a right to withdraw the consent to receive electronic records by notifying us in writing at Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point, Wisconsin 54481 or via secure messaging in Online Banking. You have a right to obtain electronic records in paper form, upon request. You may obtain a paper copy of an electronic record by contacting the Customer Care Center by phone (800-682-4989). We will charge photocopy fees identified in our current "Consumer Deposit Accounts Fee Schedule" which may be amended by us from time to time.
25. Periodic Statements. Any activity on your Account conducted through the Services will appear on your periodic Account statement.
26. Notification of Change in Name, Address or Mobile Device. You agree to notify us promptly in writing of any change to your name, address (including email address) or Mobile Device to Associated Bank, Attn: MS 7710, 1305 Main Street, Stevens Point, Wisconsin 54481 or via secure messaging in Online Banking.
27. Credit Cards. Associated Bank has a contractual relationship with Elan Financial Services pertaining to credit cards containing our name and logo. Within Services, Associated Bank may provide information on such credit cards to you. The creditor, issuer and service provider of the credit card is Elan Financial Services. You authorize us to obtain information from Elan Financial Services pertaining to your credit cards.
28. Assignment. You may not assign your rights and obligations under these Terms and Conditions to any other party. We may assign our rights and obligations under these Terms and Conditions to our successor in interest or to any, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under other agreements we have entered into in connection with the Services to independent contractors or other third parties.
29. No Waiver. We shall not be deemed to have waived any of our rights of remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or wavier of any rights or remedies on future occasions.
30. Termination or Discontinuation. We may modify, suspend or terminate your privilege of using the Services and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate the Services, we will try to notify you in advance but are not required to do so. Any authorized person on your Account may terminate the Services. To stop the messages from coming to your phone, just text "STOP" to: ABC2GO (222246). You'll receive a one-time opt-out confirmation text message. After that, you will not be able to use Mobile Banking, Text Banking or receive any future text messages unless you reactivate Mobile Banking. Neither termination nor discontinuation shall affect your liability or obligation under these Terms and Conditions.
31. Processing Date for Funds Transfer. We can process a funds transfer on the same Business Day as your instructions, if we receive your instructions before our banking cutoff time. If we receive your instruction after the cutoff time, we will process the transaction on the next Business Day. For purposes hereof, the banking cutoff time is 11:59 p.m. Central Time for transfers between any of the following Accounts: checking, savings, money market, certificate of deposit, installment loan, line of credit, home equity line of credit or “Premier Line’. The cutoff time is 10:00 p.m. Central Time for transfers to/from a mortgage account. The above cutoff times may change from time to time and the current cutoff times can be found in ‘Online Banking’ on the screens labeled ‘Transfers’. The banking cutoff time for deposits made using Associated SnapDeposit is 6:00 p.m. Central Time. Please see the Associated SnapDeposit Terms and Conditions below for details.
32. Overdrafts. When you schedule a funds transfer using Services, you authorize us to withdraw the necessary funds from your Account with us. We debit the amount of your funds transfer on the Business Day you instruct us to process the funds transfer between your Accounts. Each instruction to us to withdraw or transfer from an Account is an order to us to pay from that Account on the specified Processing Date. We may charge funds transfers against the Account even though the charge creates an overdraft or constitutes a draw against unavailable funds. If you overdraw your Account, you agree to immediately pay us the overdrawn amount together with any applicable fees. If the Account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that Account, rather than these Terms and Conditions. Please refer to the Deposit Account Agreement and Consumer Deposit Account Fee Schedule for further information.
34. Headings. Headings are used for reference purposes only and shall not be deemed part of these Terms and Conditions.
35. Miscellaneous. Android is a trademark of Google Inc. iPhone and iPad are registered trademarks of Apple Inc. All trademarks, service marks and trade names referenced in this material are the property of their respective owners.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
Associated Bank, N.A. is a Member FDIC and an Equal Housing Lender.
P.O. Box 19006
Green Bay, Wisconsin 54307-9006
These Terms and Conditions for the Associated SnapDeposit application (as defined below). Capitalized terms that are not otherwise defined in this Exhibit A shall have the meanings attributed to them in the Mobile Banking Terms and Conditions. The terms and conditions set forth in this Exhibit A shall be in addition to, and not in place of, the Mobile Banking Terms and Conditions and the Deposit Account Agreement. In the event of a conflict between the terms and conditions in this Exhibit A and the Mobile Banking Terms and Conditions or the Deposit Account Agreement, the terms and conditions in this Exhibit A shall govern.
You also agree: