Online Banking Terms and Conditions

10/26/2020 12:00:00 AM

To continue the Online Banking registration process, you must accept the following terms and conditions.

Please read the following terms and conditions carefully. Any other terms and conditions of your other accounts will continue to remain in effect.

To complete your Online Banking registration, read this agreement and click on the "Accept" button at the bottom of this page to accept the terms of this agreement. Please note that you must click on the "Accept" button at the bottom of this page in order to process your application.
Also, we strongly encourage you to print this page. You may do so by clicking on the "Print" button in your browser.


I. Introduction
A. Agreement. This Agreement contains the terms and conditions that apply to your use of the bank's Online Banking service. The terms and conditions contained in this Agreement are in addition to any and all terms, conditions, rules and regulations that apply to any accounts or services you obtain from the bank through our Online Banking service. Your registration for use of the Online Banking service constitutes your acknowledgment and agreement with the terms and conditions of this Agreement.


B. Amendments. We may amend this Agreement at any time by posting a revised version within the Online Banking service. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. When material changes are made, we will update this Agreement and send you a notice at the address shown on our records, or we may notify you by e-mail. Any use of Online Banking after a delivered notice of change or after the posting of a revised version of this Agreement on the site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance Online Banking service and/or related applications or 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 Online Banking service, and/or related applications and material, and limit access to only the Online Banking service’s more recent revisions, updates, upgrades or enhancements.


C. Definitions. "Account(s)" are your bank deposit and loan accounts that may be accessed via Online Banking. "Agreement" refers to this document. "We", "US", or "Our" refer to the bank. Online Banking is the Internet based service that provides access to your bank accounts.


II. Access to Online Banking
A. Registration. To access your bank accounts via Online Banking, you must first register for the service. Registration includes your selection of an "Access ID" and a "Password". Both will be required for access.

B. Hardware/Software Requirements. Please refer to our computer and browser requirements at www.northsorebank.com for current information.

C. Description of Services. You may use Online Banking to perform the following functions:

  • Access any deposit account under the same social security number you provided when you registered your checking, savings, money market, CDs and IRAs.
  • Check your current deposit account balances and see transaction history.
  • Transfer money between bank checking, savings and Money market accounts.   
  • Access your consumer, home equity, and mortgage loan balance and history and make loan payments from your bank checking, savings or money market account.
  • Verify if a check, debit card or direct deposit transaction has posted.
  • Exchange data with personal financial management software, such as Intuit products.


D. Fees. The Service is currently provided at no charge to you. We may, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for use of the Service. If you continue to use the Service after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time.

E. Acceptance of These Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement. We will provide you with advance notice of any changes to the terms of this Agreement when required to do so by applicable law. Your continued use of the Services after we provide you notice of changes will indicate your acceptance of the revised Agreement.


III. Terms and Conditions
A. Your Password. You will need your access ID and password to access your accounts through Online Banking. If you are logging into Online Banking for the first time, you will be able to select an access ID and password. Access IDs must contain at least 6 characters of any combination of letters, numbers or special characters. Passwords may contain a minimum of 9 and a maximum of 32 characters (alpha or numeric). Password is case sensitive and special characters such as punctuation marks are required. Please see password hints at log-in page. Passwords cannot read the same backwards and forwards, be the same as your access ID, or be the word “password”. Note: Passwords are Case Sensitive. For security purposes, we recommend you memorize your password and do not write it down. Your access ID and password can remain in your browser's cache, and anyone could gain access to your account if you leave your browser unattended. For that reason, we recommend you always use the "Logout" command to leave Online Banking and close out your browser once you have completed your session. For security purposes, the browser will automatically time out after 30 minutes of inactivity. We recommend you change your password frequently. Three login attempts will be allowed before account access is locked out. If you are locked out of your account, please contact us by one of the methods listed in part III, section H of this agreement to regain access to Online Banking.

You agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the site or Online Banking without your consent, you must inform us at once at the telephone number provided in Section G below


B. Identity Verification

Thank you for using North Shore Bank Verification Alerts combined with your handheld's text messaging capabilities. Message & Data rates may apply. For help, text "HELP" to 28369. To cancel, text "STOP" to 28369 at any time. In case of questions please contact Customer Service at 877-672-2265.


Terms and Conditions:

  • ​Program: North Shore Bank offers mobile access to authenticate a user over SMS. Enrollment requires identification of the user's banking relationship as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. This program will be on-going. Message & Data rates may apply. Users will be allowed to opt out of this program at any time.
  • Questions: You can contact us 877-672-2265, or send a text message with the word "HELP" to this number: 28369. We can answer any questions you have about the program.
  • To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 28369. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
  • Terms & Conditions: By participating in Verification Alerts, you are agreeing to the terms and conditions presented here.
  • Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless.


C. Hours of Accessibility. You can access your accounts through Online Banking 24 hours a day, most days of the week. Due to scheduled system maintenance on Wednesday and Sunday evenings from 11:00 p.m. to 3:00 a.m. (Central time), the system will be temporarily unavailable. Also, your current and available account balances are updated every time you enter Online Banking. Up to date transaction history will be available after 8:00 a.m. (Central time) on business days (Monday through Saturday).

Account transfers are "real time," meaning they are completed at that moment. Transactions performed Monday through Friday 7:00 a.m. to 10:00 p.m. (central time), and Saturday 7:00 a.m. to 7:00 p.m. (central time). Transfers done after those processing times and on Sunday and holidays will be processed the next business day.


If a transfer is a reoccurring transfer and the account from which the transfer is being made does not contain sufficient funds to successfully complete the transfer, up to two additional attempts (one attempt on each of the subsequent business days) will be made to complete the transfer. No further attempts will be made.


D. Lost or Stolen Password. Notify us immediately if your password has been lost or stolen. If you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your password without your permission to access your account. If you do not tell us within two (2) business days after you learn of the loss or theft, you could lose as much as $500 if we could have prevented access to your account had you told us.


E. Unauthorized Transfers. Tell us at once if you believe there has been an unauthorized transfer to or from your account. You can lose no more than $50 due to an unauthorized transfer if you report it to us within 60 days after the statement on which the unauthorized transfer first appeared was mailed to you. If you do not notify us within the 60-day period, and we could have prevented access to your account if you had told us, you may not get back any money you lost after the 60 days.


F. Stop Payments. You must make any stop payment order in the manner required by law and we must receive it in time to give us reasonable opportunity to act on it before our electronic initiated stop payment cut off time, currently 7:00 PM CST on Monday through Friday. To be effective, your stop payment order must precisely identify the number, date and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. Only the person who initiated the stop payment may make a release of the stop payment request. Law provides additional limitations on our obligation to stop payment (e.g. we paid the item in cash or certified the item).


G. Our Liability. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreements with you as evidenced, in part, by this Agreement and the terms, conditions, rules and regulations applicable to your accounts with us, we will be liable for your losses or damages. However, there are some exceptions to our liability. We will not be liable, for instance:

  • If through no fault of ours, your account does not contain enough available funds to make the transfer.
  • If the transfer would exceed credit limits or other arrangements for covering overdrafts.
  • If you have money in your account but the funds are subject to legal process or other encumbrance.
  • If your account has been closed.
  • If you have not properly followed the Online Banking instructions.
  • If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions taken by us.


H. Errors or Questions About Your Account. In the case of errors or questions about your statement or transactions, contact us as soon as you can:


Telephone us at (262) 797-3833 or 877-672-2265 between the hours of 8:00 a.m. and 7:00 p.m. (Central Time), Monday through Friday (except bank holidays).

  • E-mail us.
  • Write to us at:

       Customer Support Center
       Online Banking Department
       15700 West Bluemound Road
       Brookfield, WI 53005


We must hear from you no later than 60 days after we sent you the first statement on which the problem or error appeared.

  • Tell us your name and account number.
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.


If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will then conditionally re-credit your account for the amount in question so that you will have use of the money during the time it takes us to complete our investigation. When we ask you to put your complaint in writing and we do not receive it within 10 business days, we may not conditionally re-credit your account while we complete our investigation.


We will inform you of the results of our investigation within 10 business days after we hear from you. We will promptly correct any error. If we need more time, however, we may take up to 45 calendar days to investigate your complaint. If we decide to do this, we will conditionally re-credit your account within 10 business days for the amount in question. If a claim is made within 30 calendar days of opening an account, we may take up to 90 calendar days to investigate your complaint. If we decide to do this, we will conditionally re-credit your account within 20 business days for the amount in question. If we determine there is no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.


I. Access to Home Equity Line of Credit (HELOC). Access to your HELOC through Online Banking is equivalent to accessing your HELOC by check; however, there can be no stop payment orders issued and the minimum orders issued and the minimum dollar amount for each loan remains applicable.


J. Automatic Termination. Customers may be automatically deleted from Online Banking after 180 days of inactivity.


K. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number and/or emails from us for our everyday business purposes (including identify verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us or our affiliates and agents. You further consent to receiving text messages from us at that number, and/or emails from us for marketing purposes in connection with the Service and consistent with our Privacy Policy. Please review our Privacy Policy for more information.


L. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information


M. Receipts and Transaction History. You may view your transaction history by logging into the Online Banking service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.


N. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses.

O. Links and Frames. Links to other sites may be provided on the portion of the site through which Online Banking is 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 Online Banking 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. We do not control the cookies of our advertisers. 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.

P. Remedies. If we have reason to believe that you have engaged in any prohibited or unauthorized activities or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of Online Banking; 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 and use of Online Banking for any reason or no reason and at any time.

IV. Electronic Delivery of Statements, Notices and Disclosures
By accepting the terms and conditions of this Electronic Delivery of Statements, Notices and Disclosures Agreement (“Agreement”), you agree to permit North Shore Bank, FSB (“Bank”) to provide Statements, Notices and Disclosures to you in electronic form, instead of providing such Statements, Notices and Disclosures in written form. Your Statements, Notices and Disclosures with Bank are subject to applicable law and the terms of this Agreement which shall remain valid until such time as you terminate this Agreement. You should keep a copy of this Agreement for your records.

A. Definitions

  • "Bank" mean North Shore Bank, FSB or, as applicable, Illinois State Bank (a division of North Shore Bank, FSB).
  • "You" and "your" refer to the customer of Bank that is accepting the terms of this Agreement. Account" or "Accounts" means all of your accounts at Bank (including, without limitation, loan and deposit accounts).
  • “Disclosure” or “Disclosures” means communications to you by Bank related to or concerning an Account required to be given pursuant to applicable laws and regulations.
  •  “eStatement” refers to a Statement for an Account that is presented in an electronic format.
  • “Notice” or “Notices” means communications to you by Bank related to or concerning the terms and conditions of an Account (including, but not limited to, notice of: (a) overdraft/insufficient funds, (b) modifications to terms or conditions related to an Account, (c) maturity notices and (d) a breach of your obligations related to an Account).
  •  “Statement” or “Statements” means transaction and balance reports, confirmations and payment reports and invoices for an Account.

 
B. General Terms and Conditions. With regard to the delivery of Statements, Notices and Disclosures by Bank to you, the provisions in this Agreement shall take precedence over any conflicting provision in any other agreement between you and Bank. All such other agreements between you and Bank shall remain unchanged and in full force and effect, except as modified by this Agreement. If you or Bank terminate this Agreement in the future, the provisions in such other agreements between you and Bank shall be reinstated and control all issues with regard to the delivery of Statements, Notices and Disclosures by Bank to you.

If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of any provision herein. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement without the prior written consent of Bank. This Agreement is binding upon your heirs or authorized successors and assigns and Bank's successors and assigns. Any obligation under this Agreement that, by its nature, would continue beyond the termination, cancellation or expiration of this Agreement shall survive the termination, cancellation or expiration of this Agreement.

C. Consent to Electronic Delivery of Statements, Notices and Disclosures. You have the right to receive printed Statements, Notices and Disclosures mailed to your mailing address of record; however, by accepting the terms and conditions of this Agreement, you acknowledge and agree that Bank may cease providing you with printed Statements, Notices and Disclosures in the mail, and that all future Statements, Notices and Disclosures may be maintained on a website that you may access to obtain, review, print and otherwise copy or download such Statements, Notices, and Disclosures. You agree that all Statements, Notices and Disclosures provided to you pursuant to this Agreement (including, without limitation, any future Disclosures or Notices required by applicable law) may be made electronically via email with or without an attachment, with instructions or a link or in any other manner determined by Bank. If you need to obtain a printed copy of a Statement, Notice or Disclosure that has not been mailed to you because you have enrolled to receive eStatements instead, please call Bank at 877-672-2265. Bank may charge a Statement copy fee for providing this service. Review Bank’s current Service Fee Schedule applicable at the time of your request to determine this amount.

You agree to notify Bank promptly of any change of your email address. For your protection and for security purposes, Bank will not accept any change of email address requests via email outside of your online Account. If you have not notified Bank in writing of any change of your email address, you agree that your failure to provide Bank with a current and functioning email address constitutes the lack of ordinary care on your part. If Bank becomes aware that you are not receiving email, Bank may, but is not obligated to, send all future Statements, Notices and Disclosures and related attachments and/or documents to you via U.S. Mail to your last address known to Bank. You agree to indemnify Bank against any liability or expense that is incurred by, imposed on or asserted against Bank as a result of any incorrect or invalid or outdated email address provided to Bank by you or on your behalf for use in connection with the provision of any electronic Statements, Notices and Disclosures. You also agree to indemnify Bank against any liability or expense that is incurred by, imposed on or asserted against Bank as a result of system connectivity issues regarding your software or hardware that may impact your ability to receive or retrieve electronic Statements, Notices, and Disclosures.

D. Termination of this Agreement. You may terminate this Agreement at any time by providing Bank notice (as provided below) of your desire to receive paper copies of Statements, Notices and Disclosures. Notwithstanding the previous sentence, Bank may request that your notification be in writing. Depending upon when Bank receives your termination request in a Statement period, it may take up to two Statement periods to implement the termination. You understand and agree that this processing delay does not impact your responsibility to manage your account and pay any applicable fees, payments, etc. that are due. Bank may continue to make electronic Statements, Notices, and Disclosures to you until the termination takes effect. No termination of this Agreement will affect the validity or legal effect of any electronic Statements, Notices, and Disclosure provided to you before such termination takes effect.

E. Security. You understand the importance of your role in preventing misuse of your Accounts, and you agree to promptly examine each eStatement for each of your Accounts as soon as you receive it. You agree to protect the confidentiality of your Accounts, Account numbers, access IDs, and Account passwords. You understand that your access IDs and passwords by themselves or together with information related to your Account, may allow unauthorized access to your Account.

For security reasons, Bank will require the use of an individualized password to gain access to your Statements, Notices and Disclosures. You may be prevented from accessing your Statements, Notices, and Disclosures if you fail to enter your password correctly a certain number of times. If you are prevented from access to your Accounts due to the use of an incorrect password, please contact Bank toll free at 877-672-2265.

Your online Account password is confidential information that should be known only by you. Bank will not, at any time and for any reason, ask for your online Account password. If anyone contacts you and requests this information, please contact Bank immediately. You are responsible for keeping your online Account password confidential.

F. Periodic Statements. Your eStatement will be dated the day of the email notifying you of the availability of your Statement ("Email Date"). You agree to promptly access and review your eStatement and any accompanying items and notify Bank in writing (within 30 calendar days of the Email Date or within a different time period as required by applicable law) of any error, unauthorized signature, lack of signature, alteration, or other irregularity. If you allow someone else to access and review your eStatement, you are still fully responsible to access and review your eStatement for, without limitation, any errors, unauthorized signatures, lack of signatures, alterations, or other irregularities. Any applicable time periods within which you must notify Bank of any errors on your Account Statements shall begin on the Email Date regardless of when you receive and/or open the eStatement. If your Account is closed, the final Statement for the Account that Bank sends to you or otherwise makes available to you will be a paper copy. Bank may charge a Statement copy fee for providing this service.

G. Change in Terms. Bank may change any term of this Agreement at any time. If the change would result in increased fees for any Bank service, or any additional responsibilities or liabilities for you that were not already included in this Agreement, Bank agrees to give you a Notice at least 30 days before the effective date of any such change, unless an immediate change is necessary in Bank’s discretion to maintain the security of your Account or Bank’s electronic communication or fund transfer system. Bank may provide any required Notice of the change in terms to you by email or by postal mail. If the change would not result in increased fees for any Bank service or additional responsibilities or liabilities for you, and the change does not jeopardize the security of the Account or Bank’s electronic communication or fund transfer system, Bank will notify you of the change in terms no later than 30 days after the change becomes effective. If there is more than one party to the Account, notice to any one Account owner will be effective for all. Any use or retrieval of eStatements after a delivered notice of change or after the posting of a revised version of this Agreement will constitute your agreement to such changes and revised versions. You acknowledge and agree that the applicable deposit and loan agreements and disclosures govern changes to fees applicable to specific Accounts.

H. Disclaimer of Warranties and Limitation of Liability. Bank makeS no warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose, in connection with the Statements, Notices and Disclosures provided to you under this Agreement. Bank doES not and cannot warrant that the Statements, Notices and Disclosures will operate without error, or that the Statements, Notices and Disclosures will be available at all times. Except as specifically provided in this Agreement, or otherwise required by applicable law, you agree that Bank and its officers, directors, employees, agents and contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of the Statements, Notices and Disclosures, including, without limitation, loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory. Further, in no event will Bank or any of Bank’s affiliates be liable for: (a) damages that result from anything other than Bank’s (or Bank’s affiliate’s, as applicable) gross negligence or willful misconduct; or (b) damages that exceed the amounts paid by you for the services provided to you under this Agreement in the three-month period immediately preceding the date of the event creating the claim.

I. Communications between Bank and You. Unless this Agreement provides otherwise, you can communicate with Bank in any one of the following ways:

Telephone: You can contact Bank by telephone toll free at 877-672-2265. 

Postal Mail: You can write to Bank at: Customer Support Center, 15700 W. Bluemound Rd., Brookfield, WI 53005.

J. Combined Statements. Combined Statements will allow for the combination of your savings, checking and consumer loan Accounts to your master checking Account (“Master Checking”). Ownership for combined Statements should be identical. If your Master Checking is a multiple party Account, any person having access to your Master Checking will also have access to all Account information available on the combined Statement whether or not such person has an interest in any of the other Accounts reported on the combined Statement. By requesting a combined Statement, you are authorizing the aforementioned access by third parties to any Statements, Disclosures, and Notices related to the other Accounts reported on the combined Statement. The Master Checking must be active to allow for combined eStatements. If your preference for the Master Checking is changed to paper Statements, all Accounts will receive paper Statements. Combined Statements excludes commercial loan Statements.

K. Procedures. You will receive an email shortly after the end of each Statement period (not all Accounts generate monthly Statements) with your eStatement. You may link to Bank’s eStatement website by clicking on the link in the email. Clicking this link will take you to the logon page for eStatements. You will need to enter your access ID and password to view your eStatement. Bank may provide Notices and Disclosures to you directly to your email address or, in its discretion, provide notice to you at your email address of the availability of any electronic Notices and Disclosures and you may then access the Notices and Disclosures by way of a link to Bank’s website using the procedures authorized by Bank. 

All electronic Statements, Notices, and Disclosures will be available to you at Bank’s website for eighteen (18) months, except that such Statements, Notices, and Disclosures will not be available to you at Bank’s website after the termination of this Agreement take effect. Except to the extent that applicable law requires otherwise, Bank’s notice will be the only notice that Bank sends to you concerning the availability of the electronic Statements, Notices, and Disclosures. Bank’s notice will constitute delivery of the electronic Statements, Notices, and Disclosures to you, whether or not such Statements, Notices, and Disclosures are viewed or printed by you or on your behalf. Neither you nor anyone acting on your behalf may use the reply function for electronic mail to reply to Bank’s notice for any reason, but if that happens, Bank will not be obligated to do anything in response to the reply.

L. Hardware and Software Requirements. To access, download, and print eStatements, you need to have a personal computer with Internet and email access. You must also have Adobe Acrobat Reader 5.0 or higher. To download a free copy of Adobe Acrobat Reader, please go to http://www.adobe.com. For full software requirements, visit www.northshorebank.com or click here to see our browser compatibility.


V. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with applicable federal laws and, to the extent applicable to us as a federally-chartered savings bank, the laws of the State of Wisconsin, without regard to its conflicts of law provisions.

VI. MY CASH BACK REWARDS PROGRAM
The North Shore Bank FSB My Cash Back Rewards program (the "Program") allows certain customers with eligible North Shore Bank retail debit cards (“Cards”) to earn a statement credit when they use their Cards at retailers participating in the Program ("Participating Merchants"). Participating Merchants will offer a statement credit when you use a Card to purchase certain items offered by the Participating Merchant ("Offer" or "Offers"). We try to provide Offers to places you have shopped or to similar merchants where you may like to shop. However, we do not share your personal information with Participating Merchants, and we offer you the opportunity to hide or opt out of receiving Offers. We will only use personally identifiable information in accordance with our Privacy Policy.


All customers who participate in the Program are subject to these terms and conditions (the "Rules") and any terms and conditions of an Offer established by Participating Merchants. These Rules supplement your North Shore Bank Online Banking Terms and Conditions, North Shore Bank FSB ATM and Debit Card Rules, and any other applicable agreement governing your North Shore Bank debit card and associated services ("Account Agreements"). In the event of a conflict between your Account Agreements and the Rules, the Rules will govern any matter relating to the Program while your Account Agreements will govern all other matters.

In these Rules, "we," "our," and "us" refer to North Shore Bank FSB. "You" and "your" mean every eligible person or entity who uses a Card. By participating in the Program, you agree to these Rules and agree that the Rules may be modified at our sole discretion, from time to time, with or without prior written notice. We reserve the right to terminate, modify, amend or suspend this Program in whole or in part at any time without notice to you. Your continued use of your Card constitutes your consent to these Rules.

A. Eligibility for the Program. Cards are automatically enrolled in the Program. However, you must meet the Program requirements to participate and earn a statement credit including: (a) your Card must be active and in good standing at the time any statement credit is applied to your checking account; (b) you have enrolled in North Shore Banks retail online banking service; (c) you meet the terms and conditions established by a Participating Merchant on an Offer; (d) you continue to satisfy all eligibility criteria that we establish for the Program; and (e) the card cannot be an ATM only card or a Health Savings Account card.

B. Earning a Statement Credit from the Program. The Program is only available to customers who have access to North Shore Bank’s consumer online banking service. You must log on to North Shore Bank’s online banking website (the "Program Website") in order to see the list of Participating Merchants and the Offers. To be eligible for a statement credit in connection with an Offer, select the Offer by clicking on it and the Offer will load to your Account. You cannot redeem Offers and earn a statement credit unless you first select them at the Program Website.

Participating Merchants set the terms and conditions for each Offer. You should review the details of the Offer, including any expiration date, before you select it and load it to your account. Once you have loaded it, you must complete the specified purchase, and meet any other terms of the Offer, to earn a statement credit. In general, a statement credit will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types, nor for the amount of tax or shipping and handling paid on a purchase; ATM transactions; or any transaction violating any federal, state or local law.

If you used My Cash Back Rewards for a purchase and later received a credit for that purchase (for example, a merchandise return), your statement credit may be reduced. You agree that we may debit your Account or any of your other Accounts to correct errors in the calculating you Cash Back Rewards amount

C. Statement Credits. Any statement credit earned on an Offer will typically be credited to your account within three calendar months after the calendar month following your purchase. For example, any Offers you redeem in the month of December should be credited to your account by the end of March. The amount of the statement credit for Offers, applied to your Designated Account, will be shown on the Designated Account statement and may be viewed on the Program Website. Your Designated Account must be open and in good standing in order to receive statement credits or cash back. If your Designated Account is closed by you or by us, but you have other open accounts, we may select, at our discretion, an alternative account of the same product type to apply a statement credit if an alternative account of the same product type is available. If you have no open North Shore Bank accounts, because you or we have closed them, you will forfeit any cash back that has not yet applied to an account.

Participating Merchants establish the terms of an Offer and fund the corresponding statement credit. Our service provider, Cardlytics, Inc. (“Cardlytics”), administers the Program including collection of funds due from the Participating Merchants and remittance of these funds to us for applying to your Designated Account. You are not entitled to compensation from us or Cardlytics for the expiration or forfeiture of your Offers for any reason.

D. Errors in Redemption, Statement Credit or Cash Back. In the event you have questions or believe an error has occurred relating to your redemption of any Offers, please call us at 877-672-2265. You may also review the status of Offers on the Program Website.

If you believe that you have made purchases that should have earned a statement credit, but a statement credit has not been applied to a Designated Account or alternate account of the same product type within one hundred twenty (120) days of your purchase (date the charge appears on your account statement), you may contact us to investigate. You MUST contact us within one hundred fifty (150) days of the date of such purchase. If you do not contact us within one hundred fifty (150) days, we will not be obligated to investigate your request and your ability to claim a statement credit will be deemed waived.

E. Limited Liability. Unless otherwise required by law or as expressly stated in writing in an agreement between North Shore Bank and you, North Shore Bank and its affiliates, service providers, officers, directors, employees, or agents will not be liable to you, or anyone making a claim on your behalf, in connection with (i) any change in the Program; (ii) any claim relating to products or services of any Participating Merchant, whether or not arising out of the Program; (iii) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; (iv) any content, products or service appearing on a website to which we provide a link from the Program Website; (v) any claim relating to the terms and conditions of any Offers; or (vi) any taxes that you incur as a result of receiving a statement credit or cash back. Participating Merchants are solely responsible for the Offers and funding of a statement credit or cash back to you. In any event, any liability that we may have to you in connection with the Program shall be limited to the amount of any statement credit from Offers which have been earned in accordance with the Rules of the Program and that we have received from Cardlytics and the Participating Retailers.

F. No Warranties. North Shore Bank and Cardlytics do not: (i) endorse any Participating Merchants; (ii) make any express or implied warranty regarding any Participating Merchant's goods or services; (iii) assume responsibility for any Participating Merchant's obligation to you, including the payment of any statement credit offered by the Participating Retailer; or (iv) guarantee the performance of any Participating Retailer under the Program. We do not operate or control the products, services, or initial payment of Offers made by Participating Merchants. Participating Retailers are solely responsible for the funding of Offers through Cardlytics to us.

G. Opting Out. You may opt out of receiving Offers on the Program Website. If you opt out you will not receive any further Offers. Purchases made after the opt-out date will not earn any statement credit even if you loaded an Offer to your Card before you opted-out. You may continue to see Offers information and alerts until the change becomes effective. You will forfeit any statement credit that has not yet posted to a Designated Account upon cancellation of your participation.

H. General. The Program is void where prohibited by law and subject to the Program Rules and the terms in your Account Agreement, including, but not limited to, the dispute provisions contained in your Account Agreement.

TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

SERVICE DEFINITIONS

"Service" or "The Service" means the bill payment service offered by North Shore Bank, through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc.

"Agreement" means these terms and conditions of the bill payment service.

"Customer Service" means the Customer Service department of North Shore Bank. Please see the ERRORS AND QUESTIONS section below for Customer Service contact information.

"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.

"Payment Instruction" is the information provided by you to the Service 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).

"Payment Account" is the checking account from which bill payments will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"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.

"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.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

"Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures, options, or an investment interest in any entity or property).

PAYMENT SCHEDULING

The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Service is offered 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. Depending on the method of payment, your Payment Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft, the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Payment Account may be debited earlier than the Scheduled Payment Date.

SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment 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 the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee 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:

If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account; The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;

You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS

The Service reserves 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 your financial institution for payment).

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. 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.

STOP PAYMENT REQUESTS

The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service 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 that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

PROHIBITED PAYMENTS

Payments to Billers outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS

Exception Payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service 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. The Service has 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 of the Service.

BILL DELIVERY AND PRESENTMENT

The Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Presentation of Electronic Bills – You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.

Paper Copies of Electronic Bills – If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.

Sharing Information with Billers – You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.

Information Held by 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 that are held by the Biller. Any changes will require you to contact 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 for purposes of the Biller matching your identity against its records or informing you about the Biller’s services and/or bill information.

Activation - We will 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. 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.

Authorization to Obtain Bill Data - You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. 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.

Notification - We will attempt to present all of your electronic bills promptly. In addition to notification within the Service, we may send an e-mail notification to the e-mail 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 logon 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.

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.

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.

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 directly addressed and resolved with the Biller by you.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

EXCLUSIONS OF WARRANTIES

THE 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 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.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 the Service at once by calling 877-672-2265 during Customer Service hours.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

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.

ERRORS AND QUESTIONS

In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following: telephone us at 877-672-2265 during Customer Service hours; contact us by using the application's e-messaging feature; and/or, write us at:

North Shore Bank Bill Pay Department

15700 W. Bluemound Road, Brookfield, WI 53005

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:

  • Tell us your name and Service account number;
  • 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,
  • Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing (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 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.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

  • Where it is necessary for completing transactions;
  • Where it is necessary for activating additional services;
  • In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
  • To a consumer reporting agency for research purposes only;
  • In order to comply with a governmental agency or court orders; or,
  • If you give us your written permission.


SERVICE FEES AND ADDITIONAL CHARGES

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial 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. For current fees, please go to www.northshroebank.com.

FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

  • You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  • For any amount not reimbursed to the Service 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;
  • You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
  • You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
  • The Service is authorized to report the facts concerning the return to any credit reporting agency.


ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves 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 Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

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 by contacting Customer Service. 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.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, please contact Customer Service via one of the following:

Telephone us at 877-672-2265 during Customer Service hours; or, write us at: North Shore Bank

Bill Pay Department

15700 W. Bluemound Road, Brookfield, WI 53005

Any payment( s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

BILLER LIMITATION

The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides 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.

RETURNED PAYMENTS

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service 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. The Service will use its 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.

INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service 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.

CAPTIONS

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.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law’s provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

POPMONEY® PAYMENTS SERVICE TERMS AND CONDITIONS

Introduction. This Terms of Use document (hereinafter "Agreement") is a contract between you and North Shore Bank (hereinafter "we" or "us") in connection with the Popmoney® Personal Payments Service (the "Popmoney Service" or "Service") offered through our online banking site or mobile applications (the "Site") (the "Service"). This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.

Description Of Service. The Popmoney Service enables you: (1) to initiate a Payment Instruction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into an Eligible Transaction Account, in U.S. dollars (or in gift card value, if applicable). Although the ACH Network is often used to execute Popmoney Service Payment Instructions for the Popmoney Service, other Payment Networks may be used to facilitate the execution and transmission of Payment Instructions. All payments must be made through the Site and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Receipt of payments may be made through the Site and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of payments may be made through www.Popmoney.com (the "Popmoney Website") and if you choose to initiate or receive a payment at the Popmoney Website you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the "terms of use" for the Popmoney Website and applicable laws and regulations, in each case as in effect from time to time.

Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Popmoney Service and we are solely responsible to you and any Sender, Receiver and Requestor to the extent any liability attaches in connection with the Popmoney Service. 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 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 capitalized terms are defined in a "Definitions" section at the bottom of this Agreement.

Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or 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 Service, and/or related applications and material, and limit access to only the Services more recent revisions, updates, upgrades or enhancements.

Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to Receivers to whom you send payments).

Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to:

North Shore Bank

Bill Pay Department

15700 W. Bluemound Road

Brookfield, WI 53005

We may also be reached at 877-672-2265 for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under this Agreement.

Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product 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 Instructions, alerts for validation and notices of receipt of payments) 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 7 above. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.

Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us at that number and/or e-mails from us for our everyday business purposes (including identify verification). You further consent to receiving text messages from us at that number, and/or e-mails from us for marketing purposes. Please review our Privacy Policy for more information.

Receipts and Transaction History. You may view your Popmoney transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.

Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

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.

Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

  • Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
  • Payments that violate any law, statute, ordinance or regulation; and
  •  Payments that violate the Acceptable Use terms in section 15 below; and
  • Payments related to: (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; or (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; and
  • Payments related to 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; and
  • Payments relating to 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; and
  • Tax payments and court ordered payments.

​​In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. 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 Notices to Us Regarding the Service, above, of any violations of this section or the Agreement generally.

Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, 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. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) 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; (h) 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; (i) 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; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally.

Payment Authorization and Payment Remittance. By providing us with names and telephone numbers, email addresses, and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service. Once registered, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.

When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.

You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment 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.

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.

We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
  • If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
  • The Service is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
  • You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or,
  • 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 Instruction.


It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity 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 the Sender or Receiver. Initiation of Payment Instructions. You may initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately, (b) a one-time Payment Instruction 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 Instructions 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.

Payment Instructions 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 a transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Popmoney 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 Instruction (a "Two-Step Transfer"). If the Receiver maintains an Eligible Transaction Account with an institution that participates in or offers the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution's website or mobile application to complete the Payment Instruction and receive the payment.

You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Popmoney Service, the processing of the Payment Instruction 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 Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction 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) , or receipt of a gift card, if applicable, 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, or, in the case of a gift card, if applicable, a valid U.S. street address for gift cards that are physically delivered. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account or the delivery of a gift card, if applicable.

You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) business days. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of section 20, below.

Receiving Payments. If another person wants to initiate a Payment Instruction (including in response to a Popmoney Request, if applicable) using the Popmoney Service to an Eligible Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a Popmoney Request, he, she or you can do that from the Site or from an Eligible Transaction Account at a financial institution that participates in the Popmoney Service or at the Popmoney Website. Or, as applicable, if another person wants to send you a gift card using the Service, he or she can do that from an Eligible Transaction Account at a financial institution that participates in the Service and makes available the purchase of gift cards through the Service.

You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction 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 Sender, the financial institution which holds the Sender's Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may also receive gift cards or Popmoney Requests, each as applicable, from others through the Service.

You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.

If applicable, if you as a Requestor initiate a Popmoney Request using the Service you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Popmoney Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Popmoney Request may not receive, or otherwise may reject or ignore, your Popmoney Request. We do not guarantee that you will receive any payments from individuals by initiating a Popmoney Request.

Payment Methods and Amounts. There are limits on the amount of money or gift card value you can send or receive through our Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log 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.

Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver's Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver's Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care. The charge for each stop payment or fund recovery request will be the current charge for such stop payment or funds recovery service as set out in the applicable fee schedule or as disclosed through the Site. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver's decision to accept or not to accept a Payment Instruction 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.

Your Liability For Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Service in the manner set forth in section Notices to Us Regarding the Service above. You acknowledge and agree that time is of the essence such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service 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 payments 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 in our sole discretion extend the period.

Mobile Phone Users. Your phone service provider is not the provider of the Service. Users of the Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. 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.

Taxes. It is your responsibility to determine what, if any, taxes apply to the 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 transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

Service Fees and Additional Charges. You understand and agree that you are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Request Money, if applicable. 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 financial fees associated with your standard deposit accounts (or Other Eligible Transaction 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.

Failed Or Returned Payment Instructions. 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 Instruction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:

  • You will reimburse us immediately upon demand the amount of the Payment Instruction if we have delivered the payment to the Receiver but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow us to complete the debit processing;
  • 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;
  • You may be assessed a fee by our Service Provider and by us if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us to deduct these amounts from your designated Eligible Transaction Account, including by ACH debit;
  • You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you; and
  • We are authorized to report the facts concerning the return to any credit reporting agency.


Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Changes can be made within the user interface of the Service or by contacting customer care for the Service as set forth in section above, Notices to Us Regarding the Service. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information. Refused Payments. We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.

Returned Payments. In using the Service, you understand that Receivers may reject Payment Instructions or otherwise return payments. We will use reasonable efforts to complete Payment Instructions initiated through the Service.

Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service as a Sender, 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, and in accordance with our Privacy Policy, 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. 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 Service, to authenticate you when you log in, to send you information about the Service, 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 Service 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.

Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in the section above, Notices to Us Regarding the Service. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

Errors, Questions, and Complaints.

In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in the section above, Notices to Us Regarding the Service.

If you think your transaction history is incorrect or you need more information about a transaction listed in the transaction history, we must hear from you no later than sixty (60) days after the transaction in which the problem or error appears is first posted in the transaction history. You must:

  • Tell us your name;
  • 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,
  • 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 Eligible Transaction 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 Eligible Transaction 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. We may revoke any provisional credit provided to you if we find an error did not occur.

Intellectual Property. "Popmoney" is a trademark of Cash Edge Inc. or its Affiliates. All other marks and logos related to the Service 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 and our licensors, shall also be deemed our and our licensors' 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 and our licensors 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.

Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is 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. 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.

Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in section 7 above. See also section 21 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized 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.

Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement.

Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees 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.

No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. 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.

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.

Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE 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 INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY 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 EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE 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 EMPLOYEES OR CONTRACTORS OF ANY 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 OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 37 AND 38 ABOVE 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. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO 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.

Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, 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 and supersedes any proposal or prior agreement, oral or written, and any other communications between us. 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.

Definitions.

"ACH Network" means the funds transfer system, governed by the NACHA Rules that provides funds transfer services to participating financial institutions.

"Affiliates" are companies related by common ownership or control.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed

"Eligible Transaction Account" is a transaction account from which your payments will be debited, your Popmoney Services fees will be automatically debited, or to which payments and credits to you will be credited. An Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.

"Payment Instruction" is the information provided by the 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).

"Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.

"Popmoney Request" means functionality that, if provided to you, allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Popmoney Service.

"Receiver" is a person or business entity that is sent a Payment Instruction through the Service.

"Requestor" is a person that requests an individual to initiate a Payment Instruction through the Popmoney Service.

"Sender" is a person or business entity that sends a Payment Instruction through the Service.

"Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.