AGREEMENT TO ACCEPT TERMS AND CONDITIONS, STATEMENTS, NOTICES, CONFIRMATIONS, AND DISCLOSURES ELECTRONICALLY
In compliance with Electronic Signatures in Global and National Commerce Act (ESIGN)
In accordance with the Electronic Signatures in Global and National commerce Act (ESIGN), we want to advise you of your rights concerning your agreement to accept Terms and Conditions, Statements, Notices, Confirmations and Disclosures in an electronic format. In this Agreement, the terms “you” and “your” refer to each depositor, and the terms “we”, “us” and “our” refer to Johnson Bank (“Bank”).
Bank Products/Service Terms and Conditions, Statements, Notices, Confirmations, and Disclosures (“Communications”) include, but are not limited to agreements for products and services, notices such as Privacy Notices, pricing and fee changes, and any amendments which may be made by the Bank from time to time.
CONFIRMATION OF CONSENT AS APPLICABLE BY FEDERAL LAW
You acknowledge and agree that your consent to receive Communications electronically is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“Act”), and that you and we both intend that the Act apply to the fullest extent possible to allow us the ability to conduct business with you by electronic means.
UPDATING YOUR RECORDS
The Bank must have your current email address to provide you with Communications. It is your responsibility to provide us with an accurate and complete email address. You must maintain and promptly update this information with any changes. You can update your email address by submitting the change through our Electronic Banking Service (“eBanking”) or by contacting the Johnson Financial Group Customer Support Center at 888.769.3796.
WITHDRAWAL OF YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
Your ongoing consent to receive Communications is voluntary and may be withdrawn at any time. You may withdraw your consent by contacting the Johnson Financial Group Customer Support Center at 888.769.3796, sending an email to email@example.com (not a secure email facility), or mailing your request to Johnson Financial Group Customer Support Center, Suite 390, P.O. Box 547, Racine, WI 53401. By withdrawing your consent to receive Communications, you will no longer be able to access any Communications (including statements) previously made available to you electronically, and will again begin to receive paper Communications via U.S. mail. We may treat an invalid email address or the subsequent malfunction of a previously valid email address as a withdrawal of your consent. If you withdraw your consent to receive Communications electronically, the withdrawal will become effective after your request is processed (not to exceed one statement cycle, which could vary depending on your account type).
We may amend or supplement this Agreement from time to time by providing notice to you. Notice shall be effective when sent or as otherwise required by law.
We reserve the right, at our sole discretion, to change or terminate the terms and conditions under which we provide electronically, or to discontinue providing Communications to you electronically. We will provide you with advance notice of any such change or termination. Your decision to continue to receive statements electronically will constitute your agreement to any such changes.
REQUESTING PAPER COPIES
To request a printed paper statement, contact your Relationship Manager or the Johnson Financial Group Customer Support Center at 888.769.3796.
HARDWARE AND SOFTWARE REQUIREMENTS
In order to access, view and retain Communications, you must have a personal computer or similar access device, operating system and a connection to the Internet capable of receiving, accessing, displaying and either printing or storing documentation you receive from us by access to our website using the technology specified:
- An up-to-date Internet browser such as Microsoft Internet Explorer, Firefox or Safari, that meets our minimum requirements; and
- An email account with an Internet Service Provider and the appropriate software.
By reading and accepting this agreement, you acknowledge that you have a current version of Adobe Acrobat Reader®, you can download the most current version at https://get.adobe.com/reader to access and read Communications. You also acknowledge that you have the ability to open PDF files that we deliver to you.
A detailed copy of Hardware/Software minimum requirements will be provided upon your request. You may request this information by calling the Johnson Financial Group Customer Support Center at 888.769.3796, or by sending an email to firstname.lastname@example.org.
CHANGES TO HARDWARE AND SOFTWARE REQUIREMENTS
We will provide you with notice of any change in the hardware and software requirements in order to access, view and retain Communications. Your decision to continue to receive Communications will constitute your agreement to such changes.
ACCEPTANCE OF THIS AGREEMENT
By accepting the Electronic Communications Agreement, you acknowledge your understanding of, and agreement to these terms and conditions. You also confirm that you are able to meet the hardware and software requirements necessary to access, view and print Online Communications.
AGREEMENT TO ACCEPT TERMS AND CONDITIONS FOR ELECTRONIC BANKING AND BILL PAYMENT (eBanking)
By requesting and accepting the Johnson Bank Electronic Banking and Bill Payment (“eBanking”) Agreement (this “Agreement”), you agree to comply with all terms and conditions as stated in this document. You will gain access through eBanking to all accounts that you are associated with as a personal or small business owner unless accounts are identified with special restrictions. Your receipt of this Agreement and acknowledgement of acceptance will automatically activate the eBanking services for you. At times, Johnson Bank may need to approve eBanking in connection with your accounts. If you are not immediately able to view your accounts upon acceptance, please contact the Johnson Financial Group Customer Support Center at 888.769.3796 to determine whether the services you requested have been approved for activation. You are responsible for selecting all hardware and software and your Internet Service Provider, and for any defect or malfunction, including interruption of Internet service. Acceptance of the eBanking agreement does not alter or dismiss the Johnson Bank Deposit Account Disclosure and Agreement (DADA) that was provided to you at account opening. Please review all agreements for additional information that may impact your account(s). This Agreement incorporates by this reference all other agreements between Johnson Bank and yourself relating to your accounts, including the DADA. To the extent of any inconsistency, this Agreement shall govern and prevail.
PERSONAL SECURITY CODE. We will issue to you or you will select one or more security codes, login identifiers, and password identifiers, hereinafter known as Personal Security Codes (“PSC”). You may receive more than one PSC, depending on the number of services you have requested, and the levels of security required in connection with a service. At times, you may also receive a one-time security code. To facilitate additional security, a one-time, randomly generated validation code, will be provided to you. You will enter the code before completing certain transactions to prevent fraudulent activity and unauthorized access to your accounts and financial information.
If anyone uses your PSC with your permission, you will be responsible for any charges made to the account. You agree to safely keep the PSC, not to record the PSC or otherwise disclose or make the PSC available to anyone other than an authorized user and to use the PSC in accordance with these instructions. We are authorized to provide information relating to your accounts through the Telephone Service and eBanking Service to anyone accessing the accounts and using the proper PSC. Tell us AT ONCE if you believe that your PSC, a Card, or any other access device is lost or stolen, or if you believe that an electronic funds transfer has been made without your permission using information from your account. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your accounts (plus your maximum related line of credit providing overdraft protection, if any).
UNAUTHORIZED USE. If someone uses your eBanking, Telephone Service, or any access device and your PSC without your permission, you can lose no more than $50.00 if you tell us within two business days. If you do NOT tell us within two business days after you learn of the loss or theft of your PSC, and we can prove we could have stopped someone from using your PSC without your permission if you had told us, you could lose as much as $500.00.
If you do not tell us about an unauthorized transaction within 60 days of the date we send a periodic statement, you may not get any money you lose after the 60 days if we can demonstrate that we could have prevented the loss of money if we were aware of the situation in a timely manner. We may extend this time period due to extenuating circumstances.
If you believe your PSC or access device has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call the bank, or write to us at the address or phone number listed within this disclosure.
If you are a business other than an individual, and your account is for other than personal, family or household purposes, you are liable for any and all unauthorized use of a Card, the Telephone Service, or the eBanking Service.
BUSINESS DAYS. Our business days are Monday through Friday. Federal holidays are not included.
CUT-OFF TIMES. If your order for payment or funds transferred to a deposit account is received prior to 7:00 p.m. Central Time (“CT”) on a business day, your order will be processed on that same day. If your order for payment or funds transferred to a deposit account is received on or after 7:00 p.m. CT or on a non-Business Day, your order may not be processed until the next business day. As applicable, different cut-off times may apply to certain eBanking services.
ACCOUNT ACCESS. With your approved access, you may use your eBanking to:
- transfer funds between your linked Johnson Bank checking, savings, and money market deposit accounts (including accessing your related line of credit with overdraft protection, if any, if no other funds are available in your account);
- transfer funds from your linked Johnson Bank checking, savings, or money market account(s) to any external account(s) you have registered within eBanking;
- transfer funds for regular payments or additional principal payments to linked Johnson Bank loan accounts;
- receive deposit account information, including the account balance, and identification of your recent transactions;
- determine the current interest paid to date and the previous year’s interest paid on your accounts;
- receive account information regarding your line(s) of credit including balance information, pay-off information, and the remaining available credit;
- instruct us to debit your Johnson Bank account(s) for payments directed to third parties;
- access your bank statements; and
- conduct self-service account maintenance such as re-ordering checks, changing address and phone information, ordering replacement debit/ATM cards, stopping payment on checks, or sending us secure messages to receive help with additional maintenance.
LIMITATIONS ON TRANSFERS. External transfers made through eBanking using any Johnson Bank approved access device are limited to aggregate daily transactions of $10,000 or aggregate monthly transactions of $25,000.
CHARGES. If you do not maintain the required balances or you exceed the number of allowed transactions at no charge for your deposit account, in accordance with the activity fees disclosed for the account, you will be charged for each transaction or purchase (including cash back transactions).
PERIODIC STATEMENTS. Unless the only type of electronic transfer that you receive is a preauthorized deposit to your savings account, you will receive a monthly account statement. Your regular monthly account statement will reflect each transaction, purchase, and cash withdrawal charged to your account and each credit applied to your account during the monthly account cycle, and the related fee if any. If there are no transactions in a particular month, you will receive a statement at least quarterly.
OUR LIABILITY. If we do not complete a transaction to or from your account in accordance with the terms and conditions of the account in the correct amount or in a timely manner when properly instructed to do so by you, Johnson Bank will be liable for damages proximately caused. There are exceptions, where Johnson Bank will not be liable, including in the following instances:
- If you have not properly followed the eBanking instructions.
- If your hardware, software, or Internet service is not installed or functioning properly.
- If through no fault of ours, your account does not contain enough money to execute the transaction.
- If the money in your account is subject to legal process or other encumbrances restricting the transaction.
- If the transaction would exceed the credit limit on your related line of credit account.
- In the case of a technical malfunction known to you at the time you attempt to execute the transaction.
- If circumstances beyond our control (for example, fire, loss of power, or flood) prevent the transfer despite reasonable precautions that we have taken.
- If a transaction is not initiated in time for us to complete it as agreed, as otherwise provided in our agreements with you, or by federal regulation.
- If incomplete or inaccurate information is forwarded by the U.S. Treasury or through an Automated Clearing House.
- For any computer failure or acts or delays by any carrier, agent or other third party operating between us and you, or any other cause beyond our control.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, ARISING IN ANY WAY OUT OF THE USE OF THESE SERVICES.
DISCLOSURE OF INFORMATION. We may disclose information about your account or transactions on your account: (a) to other recipients of combined account statements; (b) to third parties where it is necessary for completing or tracing transactions or resolving errors or claims; (c) to verify the existence and condition of your account for third parties, such as credit bureaus, merchants and other financial institutions; (d) pursuant to court orders and other legal process; (e) to governmental agencies or authorities in response to subpoenas, summonses, search warrants or other requests, including requests pursuant to state or federal law for the collection of court-ordered child support obligations, unless prohibited by law from making such a disclosure; (f) to others of your consent or where required by law to disclose such information; and (g) to our affiliates.
You authorize us to obtain credit information on you at any time prior to our agreement to provide a service or during the time you are using a service.
WITHDRAWALS, PURCHASES, TRANSFERS, CASH ADVANCES. Each payment instruction, withdrawal or transfer from an account is an order to us to pay from that account, which we may charge against the account even though the charge creates an overdraft. You agree to maintain sufficient funds in your account to pay in full the amount of any withdrawals, transfers, or other instructions for payment out of an account. Whenever your account is overdrawn, we have the right to return unpaid any checks or other orders on your account which are presented to us and to assess a service charge of $35.00 for making such return. If you overdraw your account, each of you agrees, jointly and severally, to immediately pay us the overdrawn amount, together with any applicable service charge, and we have the right to charge all or part of the deficiency to any account you may have with us or use any other collection remedy. We are authorized to charge such amounts against any account you maintain with us. If the account is maintained in connection with a line of credit, any overdraft will be made in accordance with the agreement or rules governing that account. You should refer to your line of credit agreement for important information regarding advances of that line of credit.
EXTERNAL TRANSFERS BETWEEN ACCOUNTS OWNED BY YOU. You must be enrolled in eBanking to make transfers from your Johnson Bank accounts. External transfers allow you to transfer funds between your linked personal deposit accounts at Johnson Bank and certain deposit accounts owned by you at another financial institution. You will need to register your accounts by providing certain identifying information about your non-Johnson Bank accounts. You agree that Johnson Bank may use any means available to execute your transfer however, delivery of these funds will most commonly be conducted through Automated Clearing House (“ACH”) and governed by the National Automated Clearing House Association (NACHA). All ACH rules will apply.
The Bank will use reasonable efforts to provide you with any notification of change regarding your account status that we may receive from your external financial institution. You are responsible for making corrections or adjustments regarding the notification of change prior to the next transfer date. If corrections have not been made, you understand that your account transfer will be blocked until the corrections to the account information have been completed.
Except as may be limited by applicable law, you agree to indemnify and hold the Bank or its representatives harmless against any and all liability to third parties arising out of this Agreement and the transfer of funds outside of the Bank in connection with your instructions.
OWNERSHIP, TERMINATION. We may terminate your privilege of using eBanking at any time and may withhold approval of any transaction at any time. If you wish to discontinue use of eBanking, you may notify us in writing using the contact information listed below.
AMENDMENTS. This Agreement may be amended by us at any time, subject to any applicable requirements of law regarding prior notice, effective upon the date indicated in the notice.
STOPPING PAYMENT OF PREAUTHORIZED RECURRING TRANSFERS
- Right to and Procedure for Doing So. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call us or write us at the Bank (see address, email address and phone number later in this section) in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. You will be charged $35.00 for each stop payment order you give. You CANNOT stop payment of or revoke a preauthorized transfer that has already been sent through eBanking.
- Notice of Varying Amounts. If these regular payments from an external source vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
- Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages; however, we may be able to enforce someone else’s rights against you for the payment.
DISPUTES. In the event of a dispute regarding eBanking, Johnson Bank and you agree to resolve the dispute by looking to this Agreement. You agree that these terms and conditions are the complete and exclusive statement of the agreement between Johnson Bank and yourself which supersede any proposal or prior agreement, oral or written, and any other communication between Johnson Bank and yourself relating to the subject matter of these terms and conditions. In case of conflicting communication between a Johnson Bank associate and this Agreement, this Agreement shall prevail.
PROHIBITED USE OF EBANKING. You agree that the following uses of eBanking are strictly prohibited. You agree to indemnify, hold harmless, and defend us from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by these restrictions on use of eBanking.
- Use of eBanking for wire transfers of funds.
- Unauthorized communication of any charge or credit card information belonging to any other person or entity.
- Unauthorized communication of any information concerning any PSC, password or other online access number, code or identification or any other proprietary information belonging to any other person or entity.
- Communicating any obscene or defamatory information including but not limited to on bulletin boards or in conjunction with conferences or email.
- Use of eBanking in violation of any telecommunication, postal, or other local laws or regulations of your country of origin or of the United States or in furtherance or in the commission of any crime or other unlawful or improper purpose.
- Use of eBanking to copy or to distribute or transmit copies of copyrighted materials belonging to any other person or entity is permitted only to the extent that the owner has provided express permission to you permitting such activity. Copying or distributing or transmitting copyrighted materials other than with permission as specified above is expressly prohibited.
You further agree:
- Transmission of confidential business and sensitive personal information is at your sole risk.
- We reserve the right to monitor and review transmissions online and in storage, and to remove or reject any material which we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to you.
EXCLUSION OF WARRANTIES. JOHNSON BANK AND OUR SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO EBANKING, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NEITHER JOHNSON BANK NOR OUR SUPPLIERS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF EBANKING ASSUME ANY RESPONSIBILITIES WITH RESPECT TO YOUR USE OF EBANKING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR SUPPLIERS OR ANY OF THEIR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
IN NO EVENT WILL JOHNSON BANK OR OUR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES, INCLUDING LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF ARISING IN ANY WAY OUT OF THE USE OF EBANKING. SUBJECT TO LIMITATIONS IMPOSED BY LAW FOR CONSUMER ACCOUNTS, IN NO EVENT SHALL OUR LIABILITY FOR DAMAGES, REGARDLESS OF CAUSE OR FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE, DEFAMATION, AND/OR PRIVACY ACTIONS), EXCEED THE GREATER OF (1) YOUR INVOICE VALUE OF EBANKING USAGE FOR THE MONTH DURING WHICH THE CAUSE OF ACTION ACCRUED, OR (2) ONE HUNDRED U.S. DOLLARS (U.S. $100). THE FOREGOING CONSTITUTES OUR SOLE AND EXCLUSIVE LIABILITY TO YOU WITH RESPECT TO YOUR USE OF EBANKING.
Any cause of action concerning eBanking under this Agreement must be commenced within one year after such cause of action has accrued.
In Case of Errors or Questions About Your Electronic Payments or Transfers
Telephone: 888.769.3796 or
Write us at:
Johnson Financial Group Customer Support Center, Suite 390
P.O. Box 547 Racine, WI 53401
as soon as you can, if you think your statement or receipt is incorrect or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared:
- Provide your name and account number (if any).
- 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.
- Provide 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 determine whether an error occurred within 10 days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
The 10 day period in the preceding paragraph may be extended to 20 business days if the error involves a transfer to or from the account within 30 days after the first deposit to the account was made.
If the error involves an electronic transfer from your account to buy goods or services, or a transfer initiated outside of the United States or a transfer that occurred within 30 days after the first deposit to the account was made, the time period for investigation of an alleged error will be 90 days in place of 45 days.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.You may at any time and without charge, obtain a copy of this disclosure found in Customer Service within eBanking or request a printed copy of the disclosures applicable to Johnson Bank eBanking by calling the Johnson Financial Group Customer Support Center at 888.769.3796, or by sending an email to email@example.com* or by writing us at Johnson Financial Group Customer Support Center - Suite 390, P.O. Box 547, Racine, WI 53401.
*This is not a secure email facility.
ELECTRONIC BILL PAYMENT AUTHORIZATION
I AUTHORIZE Johnson Bank to post payment transactions generated by PC or any Johnson Bank approved access device from the Bill Paying Service to an external account registered through eBanking. I understand that I am in full control of my account and that my satisfaction is unconditionally guaranteed. If at any time I decide to discontinue service, I may provide written notification to Johnson Bank. My use of the Bill Paying Service signifies that I have read and accepted all terms and conditions of the eBanking and Bill Paying Service.
I UNDERSTAND that payments may take up to 10 business days to reach the vendor and that they will be sent either electronically or by check. Johnson Bank is not liable for any service fees or late charges levied against me. I also understand that I am responsible for any loss or penalty that I may incur due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from my account.
BILL PAYMENT INSTRUCTIONS. For the Bill Payment Service, you agree to choose a payment date, not less than 5 business days before the actual due date without taking into account any grace period and subject to U.S. postal delivery. You agree to provide correct payee name, address, account information and payment amount. Each time you create an instruction for payment, you authorize us to debit your account for the total amount transmitted. You agree to maintain sufficient funds in the account on the transaction payment date requested to pay in full the amount of the transaction.
- You understand that Johnson Bank or its authorized agent will use reasonable efforts to ensure payments reach payees on time, but cannot guarantee the time a payment will be received/posted by a payee. Johnson Bank or its authorized agent will use reasonable efforts in ensuring payees reverse any service fee or late charge that is related to payment process error. Johnson Bank or its authorized agent will not be responsible for any loss or penalty that may be incurred due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account.
BILL PAYMENT LIMITATIONS. There are transaction limits for payments made through the eBanking Bill Payment Service. Individual transactions may not exceed $30,000. Aggregate daily transactions may not exceed $50,000.
STOPPING OR CHANGING EBANKING FUTURE PAYMENTS OR TRANSFERS. If you have set up automated payments to third parties or transfers between accounts through the eBanking system, you may change or discontinue these payments or transfers at any time by selecting the edit or delete option on the individual entry.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. YOU CAN SAVE AND PRINT VIA PDF BY CHOOSING "FILE > PRINT > SAVE AS PDF."
4.01.2021 Interim Disclosure