Online Banking Terms and Conditions

09/15/2016

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 with the following limitations:
    • For money market and savings accounts you can make no more than six preauthorized, automatic, telephone or Online Banking transfers per statement cycle. No more than three of those transfers may be by check, draft, or debit card.
  • 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 8 characters of any combination of letters, numbers or special characters. Passwords may contain a minimum of 8 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 G 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. 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.

C. 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.

D. 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.

E. 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).

F. 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.
G. 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 1-877-672-2265 between the hours of 8:30 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 recredit 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 recredit 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 recredit 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 recredit 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.

H. 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.

I. Automatic Termination. Customers will be automatically deleted from Online Banking after 180 days of inactivity.

J. 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.

K. 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

L. 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.

M. 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.

N. 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.

O. 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 completing this agreement (“Agreement”) and after enrolling in eStatements you agree that we may provide notice to you by posting it on the Site, sending you an in-product message within Online Banking, 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 Online Banking setup or customer profile. 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 G above. We reserve the right to charge you a reasonable fee to respond to each such request. Refer to Service Fee brochure for updated fee amount. We reserve the right to terminate your use of Online Banking if you withdraw your consent to receive electronic communications.

Your consent and agreement shall relate to Account Statements, Notices and Disclosures between you and Bank and shall remain valid until such time as you exercise your right to revoke this consent. You elect and authorize us, at our discretion, to electronically deliver your Account Statements, Notices and Disclosures.

Other Federal and State laws and regulations ("laws") may be enacted or amended in the future to provide for electronic delivery of Account Statements, Notices and Disclosures. Your election also authorizes us, at our discretion, to provide electronic delivery of such Statements,

Notices and Disclosures pursuant to these laws after they become effective.

Terms and Conditions of Your Electronic Statement, Notice and Disclosure Agreement
Except to the extent this Agreement allows for communication by electronic means rather than by paper, the terms and conditions of your Terms and Conditions of Your Account disclosure for each of your bank deposit accounts as well as your other agreements with Bank, such as your loan related documents, continue to apply notwithstanding anything to the contrary in Agreement.
If any provision of Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign Agreement without the prior consent of Bank. Agreement is binding upon your heirs or authorized successors and assigns and Bank's successors and assigns. Certain of the obligations of the parties pursuant to Agreement that by their nature would continue beyond the termination, cancellation or expiration of Agreement shall survive termination, cancellation or expiration of Agreement.

Definitions
"We", "our", "us" or "Bank" mean North Shore Bank, FSB and Illinois State Bank (a division of North Shore Bank, FSB).
"You" and "your" refer to the Account owner(s) and borrower(s) entering into this Agreement.
"Account" or "Accounts" means your loan and deposit accounts at Bank.
"Business day" means any calendar day other than Saturday, Sunday, or any holidays recognized by Bank.
“Disclosure” or “Disclosures” means communications to you by Bank related to or concerning your Accounts required to be given pursuant to applicable laws and regulations including, but not limited to, privacy statements, escrow account statements and truth-in-savings, funds availability, electronic fund transfers and truth-in-lending disclosures.
“eStatement” refers to an Account Statement presented in an electronic format.
“Notice” or “Notices” means communications to you by Bank related to or concerning the terms and conditions of your Accounts including, but not limited to certificate of deposit maturity notices, notice of overdraft/non-sufficient funds, account modifications and your performance of your obligations under the Accounts.
“Statement” or “Statements” means Account transaction and balance reports and confirmations and payment reports and invoices.

Consent to Electronic Delivery of Account 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.

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.

Security
You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your eStatement for each of your Accounts as soon as you receive it. You agree to protect the confidentiality of your Account and Account number, and your user ID and password. You understand that your user ID and password by itself or together with information related to your Account, may allow unauthorized access to your account.

For security reasons, we will require the use of an individualized password to gain access to your Statements, Notices and Disclosures. If you incorrectly enter your password three times you will be prevented from access to Statements, Notices and Disclosures. If you are prevented access due to incorrect password, please contact us at 877.672.2265.

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

Periodic Statements
By enrolling to receive Statements, Notices and Disclosures electronically, you may not receive a separate printed and mailed Statement, Notice or Disclosure.
Your eStatement will be dated the day of the e-mail notifying you of the availability of your Statements, Notices and Disclosures ("E-mail Date"). You must promptly access/review your eStatement and any accompanying items and notify us in writing within the applicable time period specified in your Terms and Conditions of Your Account disclosure or other applicable agreements of any error, unauthorized signature, lack of signature, alteration, or other irregularity. If you allow someone else to access/review your eStatement, you are still fully responsible to access/review the statement for any errors, unauthorized signatures, lack of signatures, alterations, or other irregularities. Any applicable time periods within which you must notify us of any errors on your Account Statements shall begin on the E-mail Date regardless of when you receive and/or open the eStatement.

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.

Change in Terms
We may change any term of Agreement at any time. If the change would result in increased fees for any bank service, or increased liability for you, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic communication or fund transfer system. We will provide any required notice of the change in terms to you by e-mail or by postal mail. If advance notice of the change is not required, and the change does not jeopardize the security of the Account or our electronic communication or fund transfer system, we will notify you of the change in terms within 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. You acknowledge and agree that the applicable deposit and loan agreements and disclosures govern changes to fees applicable to specific Accounts.

Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Statements, Notices and Disclosures provided to you under Agreement. We do not and cannot warrant that Statements, Notices and Disclosures will operate without error, or that Statements, Notices and Disclosures will be available at all times. Except as specifically provided in Agreement, or otherwise required by law, you agree that Bank and our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under Agreement or by reason of your use of eStatements and electronic Statements, Notices and Disclosures, including 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 shall the liability of Bank and its affiliates exceed the amounts paid by you for the services provided to you under this Agreement.

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

Telephone: You can contact us toll-free by telephone at: 877.672.2265.

Postal Mail: You can write to us at: Customer Support Center, 15700 W Bluemound Rd, Brookfield, WI 53005
 
Combined Statements
Combined statements (“Combined Statement”) will allow for the combination of a customer’s savings, checking and loan accounts--loan accounts will be summary only--to the customers 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 the 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 this third party access and the disclosure of the other account information. The Master Checking must be active to allow for electronic statements. If the Master Checking is changed to a paper statement, all accounts will receive paper statements.

eStatement Procedures
You will receive an e-mail shortly after the end of each Statement period (not all accounts generate monthly statements) with your eStatement. You may link to Bank’s eStatement site by clicking on the link in the e-mail. Clicking this link will take you to the Logon page for eStatements. You will need to enter your user ID and password to view your Statement.

Bank may provide Notices and Disclosures to you directly to your e-mail address or, in its discretion, provide notice to you at your e-mail address of the availability of the Notices and Disclosures and you may then access the Notices and Disclosures by way of a link to our website using the procedures we authorize.

Hardware and Software Requirements
You must 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 the full hardware and software requirements, go to www.northshorebank.com.

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.

Revised 09/15/16