Online Banking Disclosure

  1. Online Banking

By enrolling in Bank of St. Croix, a Division of United Fidelity Bank, (the Bank) Access Anytime Online Banking (Online Banking), you agree to the following rules for personal accounts or business accounts governing your accounts. Please read these additional rules carefully and retain them for your records. We have the right to change the rules at any time by notice mailed or emailed to you at the last address or email address shown for your primary checking account. You may use a personal or business computer (PC) through an online connection to obtain account balances and transaction information. You may also use your PC to obtain statements on your accounts and to transfer money between your accounts.

Keep in mind, transfers from your savings and money market accounts are considered pre-authorized transfers and are limited to six per month or statement cycle, whichever is less, by federal regulations. In addition, you may use your PC to electronically direct us to make payments from your account to third parties (payees) that you have selected to receive payment through Online Bill Pay. You may make payments through Online Bill Pay to any business professional, merchant, family member or friend. The account means your designated bill payment checking account at the Bank from which we make bill payments on your behalf pursuant to the Agreement. By subscribing to Online Bill Pay or using Online Bill Pay to make any payments to a third party, you agree to the terms of the Agreement.

  1. Your Username and Password

You must have a username and a password to access Online Banking. Your username is case sensitive. Your new password must be a minimum of 9-17 characters in length and contain 1 uppercase, 1 lowercase, 1 number, and 1 special character. You may change your password at any time after the initial login, however you will be prompted and required to change your password every 6-months. You are required to log into your Online Banking at least once within a 60-day period or your profile will be deleted, and you will have to start the enrollment process over.

  1. Equipment

You are solely responsible for the equipment (including in the case of Online Banking, your personal computer and software) you use to access Online Banking. We are not responsible for errors or delays or your inability to access Online Banking caused by your equipment. We are not responsible for the cost of upgrading your equipment nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.

  1. Business Days/Hours of Operation

Online Banking is available 24-hours a day, seven days a week except during maintenance periods for the scheduling of payment orders and transfers; however, payments and transfers can only be completed on business days. Business days are considered every Monday-Friday before 6:00 p.m. (CST) except for all Federal Holidays. Business conducted after 6:00 p.m. (CST) or on Saturday, Sunday as well as Federal Holidays will be posted effective the following banking business day.

  1. Notice of Your Rights and Liabilities

Security of your transactions is important to us. Use of Online Banking requires a password. If you lose or forget your password, please contact your local banking center or call (800) 280-8280.

We may accept as authentic any instructions given to us using your password. You agree to keep your password secret and to notify us immediately if your password is lost or stolen or if you believe someone else has discovered your password. You agree that if you give your password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use Online Banking. Online Banking enables you to change your password; we require that you do so every 6-months. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to (1) monitor and/or record all communications and activity related to Online Banking; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer. You agree that our records will be final and conclusive as to all questions concerning whether your password was used in connection with a particular transaction. If any unauthorized use of your password occurs, you agree to (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds.

  1. Customer’s Liability for Unauthorized Transfers

This paragraph may pertain to any personal account(s) you may have. It does not include your business account(s).

If you believe your card has been lost or stolen you must notify the Bank immediately. Notification within two business days will assure your loss at no more than $50.00. In cases of fraud on a debit card transaction, the $50.00 liability may be waived. Notification after two days’ time could result in a loss of up to $500.00.

If you believe that an electronic funds transfer has been made without your permission using information from your check, notify the Bank as quickly as possible

Also, if your statement shows transfers that you did not make, including those made by card, and or other means, notify us at once. If you do not notify us within 60-days after the statement was mailed to you, you may not receive any money you lost after the 60-days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.

If you notice a discrepancy on your statement, notification must be made to the Bank within 60-days of the statement date. To notify the Bank, contact your local banking center or call (800) 280-8280 or write to:

Bank of St. Croix

A Division of United Fidelity Bank Attn: Deposit Operations

P.O. Box 1347

Evansville, IN 47706-1347

If your card is lost or stolen, call (800) 280-8280

Liability under state law or agreement. If state law or an agreement between the consumer and the financial institution imposes less liability than is provided by this section, the consumer’s liability shall not exceed the amount imposed under the state law or agreement.

  1. The Bank’s Liability for Failure to make Transfers

If an electronic funds transfer is not recorded on your account according to contractual regulations, the Bank will assume responsibility for losses and damages. However, the Bank will not be responsible for:

  • Insufficient funds in your account to allow the transfer.
  • An automated teller machine without sufficient cash.
  • An automated teller machine out of service.
  • Your transfer if it is above the credit limit stated on your line of credit.
  • Circumstances beyond our control preventing the transfer.
  • Additional exceptions are stated in the account agreement. Only actual damages proved by the consumer can be claimed.
  1. Error – Resolution

This paragraph may pertain to any personal account(s) you may have. It does not include your business account(s).

Notify us as soon as possible if you think your statement or receipt is in error, or if you need additional information. Notification must be made no later than 60-days from the first statement date on which the discrepancy appeared.

Please include:

  • Your name and account number.
  • Description of the error or the transfer in question.
  • The dollar amount of the suspected error.
  • A written notification may be required within 10 business days.

All efforts are made to complete the investigation within 10 business days following your notification; however, an additional 45-days may be needed to investigate the discrepancy. If additional time is needed, we will provisionally credit your account within 10 business days for the amount in question, so you have use of the money during the time it takes us to complete our investigation. However, if we did not receive your information in writing as requested, your account may not be credited.

We will notify you of the results within three business days after completing our investigation. If the investigation determines no error was made, we will send you a written explanation.

Supporting documentation will be available upon request.

For errors involving new accounts, point-of-sale, or foreign transactions, we may take up to 90-days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount in question.

IMPORTANT

If your card is lost or stolen, immediately contact the Bank by phone (800) 280-8280. By mail, P.O. Box 1347, Evansville, IN 47706-1347.

  1. Disclosure of Account Information to Third Parties
  • We may disclose information to third parties about your account or the transactions you make:
  • Where it is necessary for completing transactions or resolving errors involving Online Banking.
  • To verify the existence and condition of your account for a third party, such as a credit bureau or a merchant.
  • To comply with government agency rules, court orders, or other applicable law.
  • To our employees, service providers, auditors, collection agents, or attorneys in the course of their duties and to the extent allowed by law.
  • If you give us your permission.
  1. Termination

You may terminate your use of Online Banking at any time by:

  1. Calling the Bank’s Online Banking Support at (800) 280-8280.
  2. Writing us at P.O. Box 1347, Evansville IN 47706-1347.
  3. Sending an email to us at CustomerCare@unitedfidelity.com. (To protect your privacy online, we recommend that you do not send sensitive information like your account number, social security number, password by email.)

We reserve the right to terminate your access to Online Banking at any time, in whole or in part, without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend Online Banking in situations deemed appropriate by us, at our discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your password as an indication of an attempted security breach. Termination of Online Banking does not affect your obligations under this Agreement with respect to occurrences before termination.

  1. Limitation of Liability

Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Bank’s Online Banking or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment.

  1. Amendments

The Bank can change a term or condition of this Agreement by mailing or delivering to you a written notice at least 30-days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within 30-days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our checking or savings account records, or email address in which you authorized to receive such notices and/or disclosures.

  1. Security Procedures

By accessing Online Banking, you hereby acknowledge that you will be entering a protected web site owned by the Bank, which may be used for authorized purposes. The Bank may monitor and audit usage of the System, and all persons are hereby notified that use of Online Banking constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986.

 

Online Bill Payment

  1. Scheduling Payments

You may choose to add Access Anytime Online Bill Pay (Bill Pay) and use your PC to electronically schedule payments. Payments are posted against your balance available for withdrawal, as defined in the Bank’s Funds Availability Policy, plus the available credit on your overdraft protection, if any, or other line of credit. Payments may be made only to payees with a U.S. payment address. You may not make a payment of alimony, child support, taxes, or any other governmental fees or court-directed payments through Bill Pay.

  1. Delivery of Your Payments and Transfers

You may schedule payments to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in the Agreement. Although you can enter payment information through Bill Pay 24-hours a day, seven days a week, payments can be initiated on business days only. Funds will be deducted from your account on the business day on which a payment is to be “initiated”. This date is referred to in this Agreement as the “Transaction Date”. If you direct the initiation of a payment to occur on a day other than a business day, it will be initiated on the following business day.

After funds are withdrawn from your account, we may remit your payments by electronic funds transfer, including ACH (Automated Clearing House) or we may remit your payments by mailing your payee a check. Because of the time it takes to send your payment to them, your payee generally will not receive payment on the transaction date. This applies regardless of whether the payment is a next-day payment, a future payment, or a recurring payment, as described below. Therefore, in order to provide sufficient time for payments to be received by your payees, the transaction date should be five to seven days prior to the date your payment is due, excluding any applicable grace periods. It is helpful if you allow additional time for a payment to be completed the first time you send a payment to a payee through Bill Pay. This allows the payee to adjust to the new form of payment. Payments and transfers must be scheduled by the normal cut- off time of 9:00 p.m. (CST) on any business day for the transaction to be initiated for that business day.

  1. Recurring Payments

Recurring payments are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. Once started, recurring payments will be made automatically until you stop or cancel the service.

  1. Our Liability for Failure to Complete Transactions

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we might be liable for some of your losses or damages. However, there are some exceptions. We will not be liable for instance:

  • If through no fault of ours, you do not have enough money in your account to make the transfer.
  • If the money in your account is subject to legal process or other encumbrances restricting transfer.
  • If the transfer would go over the credit limit on your overdraft limit (if any).
  • If the automated teller machine or the merchant where you are making the transfer does not have enough cash.
  • If the system was not working properly when you started the transfer.
  • If circumstances beyond our control (such as fire or flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken.
  • If the payee mishandles or delays handling payments sent by us.
  1. Canceling Payments

You may use your PC to cancel a payment up to 9:00 p.m. (CST) on the business day your payment is scheduled to be initiated (“Transaction Date”). There is no fee for canceling a payment online.

  1. Rights of Stop Payment

You may stop payment on any Electronic Fund Transfer debit made through the ACH by notifying the Bank either orally or in writing at least three business days before the transfer is to be made. An oral stop payment is good for 14-days at which time it will expire unless written authorization is received. A written authorization is in effect until the earliest of: withdrawal of the stop payment by you or the return of a debit entry; or, where applies to more than one debit entry, the return of all entries. You agree to hold the Bank harmless for all expenses and costs incurred by the Bank on account of refusing payment of such debit and agree not to hold the Bank liable on account of payment contrary to this request if same occurs through inadvertence, accident, or oversight.

DISCREPANCIES

To notify the Bank, call (800) 280-8280 or write to: Bank of St. Croix

A Division of United Fidelity Bank Attn: Deposit Operations

P.O. Box 1347

Evansville, IN 47706-1347

  1. Statements

All payments, transfers, and/or fees made with the Bank’s Online Banking will appear on your monthly account statement. The payee’s name, payment amount, and date of the payment will be shown for each payment made through Bill Pay during that month.

  1. Fees

Fees for the Bank’s Online Banking shall be payable in accordance with a schedule of charges as established and amended by the Bank from time to time. Charges shall be automatically deducted from your account, and the Bank shall provide to customer monthly notice of such debit(s) on your statement.

MOBILE DEPOSITS

Your enrollment in Mobile Banking includes enrollment for use of the Mobile Deposit Capture Service (Service) described in this disclosure and agreement.

  1. Use of Service

You are authorized by us to remotely deposit paper checks received to your account with us by electronically transmitting a digital image of the checks to your account for deposit.  You will be required to transmit both the front and back of the check.  Your use of the service constitutes your acceptance of the terms and conditions of this disclosure and agreement.  You agree to comply with any mobile device hardware and software requirements set forth by us.

Upon receipt of the digital image, we may review the review the image for acceptability. Notwithstanding anything to the contrary, we reserve the right, within our sole and absolute discretion, to accept or reject any item for mobile deposit into your account.

  1. Equipment

To use the service, you must have a supported mobile device (e.g., smartphone, iPad, etc.) with a supported camera and a supported operating system.  It must have a data plan for your mobile device, and you need to download the “App” to your mobile device.  We do not guarantee that your mobile device, mobile device camera, mobile device operating system or mobile device carrier will be compatible with the service.  You are responsible for the security of your device, the costs of using your device, including the purchase of your mobile devices, internet services, and security.

  1. Eligible Items

You agree to scan and deposit only checks as defined in Federal Reserve Regulation CC (“Reg. CC”).  When the image of the check transmitted to the Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

  • Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
  • Checks containing an obvious alteration, or which you know or suspect or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn
  • Checks previously converted to a substitute check, as defined in Reg. CC
  • Checks drawn on a financial institution located outside the United States
  • Checks that are remotely created checks, as defined in Reg. CC
  • Checks not payable in United States currency
  • Checks dated more than 6 months prior to the date of deposit
  • Checks or items prohibited by the Bank’s current procedures relating to the Service or which are otherwise not acceptable under the terms of your account with us
  • Checks payable on sight or payable through drafts, as defined in Reg. CC
  • Checks with any endorsement on the back other than that specified in this Agreement
  • Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution

 

  1. Image Quality

The image of an item transmitted to the Bank using the Service must be legible as determined by the sole discretion of United Fidelity Bank and contain images of the front and back of the check.  Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

  1. Endorsements and Procedures

You agree to restrictively endorse any item transmitted through the Service as “Your Name, For Mobile Deposit Only, Your Bank Name” or as otherwise instructed by us.  You agree to follow any and all other procedures and instructions for use of the Service as we may establish from time to time.

  1. Receipt of Items

We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you.  We are not responsible for items we do not receive or for images that are dropped during transmission.  An image of an item shall be deemed received when you receive a confirmation from us that we have received the image.  Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account.  We further reserve the right to charge back to your account at any time any item that we subsequently determine was not an eligible item.

  1. Availability of Funds

You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Regulation CC.  In general, if an image of an item you transmit through the Service is received and accepted before 7:00 pm CST, on a business day that we are open, we may consider that day to be the day of your deposit.  Otherwise, we will consider that the deposit was made on the next business day we are open.  Funds deposited using the Service will generally be made available the next business after receipt of the items. We reserve the right to postpone or delay the availability of funds from items deposited at our sole discretion.

  1. Disposal of Transmitted Items

Upon receipt of a confirmation from us that we have received the image of an item, you agree to securely store and retain the check for at least 30 calendar days from the date of the image transmission.  After 30 days, you agree to destroy the check that you transmitted as an image or otherwise render it incapable of further transmission, deposit, or presentment.  During the time the retained check is available, you agree to promptly provide it to us upon request to aid.

  1. Presentment

The way the items are cleared, presented for payment and collected shall be in the Bank’s sole discretion subject to your Account Terms and Conditions and related disclosures.

  1. User Warranties and Indemnification

You warrant to the Bank that:

  • You will only transmit eligible items
  • Images will meet the image quality standards
  • You will not transmit duplicate items
  • You will not deposit or represent the original item once it has been scanned and sent through this service unless specifically requested to do so by us
  • All information you provide to us is accurate and true
  • You will comply with the Agreement and all applicable rules, laws and regulations
  • Items you transmit do not contain viruses
  • All signatures on each item you deposit are authentic and authorized
  • All checks deposited are payable to you
  1. Availability of Service

You understand and agree at times service may be temporarily unavailable due to system maintenance or technical difficulties, including those of an Internet service provider and/or Internet software issue. In the event the service is unavailable, you can deposit the original check(s) at any branch, ATM, or by mailing the original check(s) to us at:

United Fidelity Bank, fsb

PO Box 1347

Evansville, IN 47706-1347

It is your sole responsibility to verify the items deposited and that they have been received and accepted for deposit by us. However, we will send notification of any items rejected by the next business day. In addition, you understand we may add, delete, or change the feature(s) or functionality of the service, at any time, at our discretion.

  1. Limitations on Frequency and Dollar Amounts

You understand and agree that you cannot exceed the limitations on frequency and dollar amounts of mobile deposits that are set forth.

The limitations are subject to change by us. We may establish limits on the dollar amount, items, and/or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposits will still be subject to the terms of this agreement, and we will not be obligated to allow such deposits at other times. Different limits may apply to business entities and consumers.

Alerts

  1. Alerts

Your enrollment in the Bank’s Online Banking and/or Mobile Banking includes enrollment to receive transaction alerts and notifications (Alerts). Alerts are electronic notices from us that contain transactional information about your bank account(s). Alerts are provided within the following categories:

  • Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password or login information. You do not have the option to suppress these Mandatory
  • Account Alerts provide you with notification of important account activities or when certain changes are made to your Mobile Banking accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service
  • Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Manage Alerts menu within the Bank Online Banking and Manage Alerts menu within the Bank Mobile

Account Alerts and Additional Alerts must be managed and/or added online through the Mobile Banking. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. The Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

  1. Methods of Delivery

We may provide Alerts through one or more channels (EndPoints): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoints service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

  1. Alerts via Text Message

To stop Alerts via text message, text “STOP” to 99588 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in the Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 1-800-280-8280. Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

  1. Limitations

The Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside the Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold the Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non- delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

  1. Alert Information

As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.