This agreement applies to the use of Tri City National Bank’s “the Bank” Business Online Banking Software known as “the online banking software,” which permits the business to access its business accounts with the Bank via the internet for services selected by the Company and agreed upon by the Bank. In this Agreement, the term “the Company” refers to the business, all authorized signers and each user who can access the online banking software. By signing the application, the Company agrees to abide by the terms and conditions of this Agreement and acknowledges receipt and understanding of the disclosures contained in this Agreement.
To establish a relationship with the Bank, the Company will complete certain application forms which will be evaluated by an officer of the Bank.
The Company’s Responsibility
The Company is responsible for selecting all systems, hardware and an Internet Service provider. The Company is also responsible for any defect, malfunction, or interruption in service or security due to hardware failure, choice of Internet Service provider, and systems and computer services.
To access business accounts, the Company will receive a unique Company ID, User ID, and Password “the Codes” via the US mail, through secure email, or by phone. The recipient of these Codes is the designated Administrator. The Administrator and the Company are responsible for designating and maintaining additional users for the software, including granting and revoking access privileges for the additional users and providing new and different codes to those users. The Company understands that the Administrator has the capability of providing access identical to that of the administrator to any user, including the ability to create and maintain subsequent user accounts and assigning and revoking access privileges. If these privileges are granted by the Administrator to a user, that user will also be considered an Administrator. The Administrator User ID should only be used for granting or revoking access privileges and providing new and different codes to other users, not for bank account maintenance or initiating transactions. The Company will be required to use the Codes every time it accesses the software. It is the Company’s responsibility to maintain the confidentiality of its Codes. The Company agrees to accept full responsibility over the control of its Codes. It is the Company’s responsibility to maintain and delete Codes for each individual user and the Bank will not be liable for any losses caused by improper or negligent maintenance. Any user that accesses the online banking software with Codes is deemed to be authorized by the Company to initiate all transactions performed by the user. The Company agrees that the Bank and its affiliates are not responsible for any actions of a third-party as a result of unauthorized use of Company’s Codes.
The Bank’s business days are Monday through Friday, excluding federal holidays.
Hours of Operation
Although the Company may access the software 24 hours a day, 7 days a week, at certain times some or all of the online banking software may not be available due to system maintenance. If the software will not be available for an extended period of time, the Bank will attempt to provide notice but cannot guarantee that prior notice will be provided. Under no circumstances will the Bank be liable for any interruption of services.
The Company agrees to pay all applicable fees for the online banking software. The Company understands that any applicable charges for internet access remain the Company’s responsibility. The Company further agrees to pay fees for any services initiated through the product. For applicable fees, see the Product Selection/Fee Schedule.
Accurate Entry of Transactions
The Company acknowledges and agrees that it is the Company’s responsibility to accurately enter all data necessary to perform a transaction and for verifying all instructions transmitted to the Bank. In the event that the Company believes that there is a discrepancy or error between a transaction it performed or authorized and any confirmation or account statement it receives, the Company agrees to promptly notify the Bank within a reasonable time (not more than 30 days after the date the Bank mailed or made statements or items available to the Company) of any errors, improper charges or other problems.
The Company may transfer funds between accounts held at Tri City National Bank, provided the Transfer Agreement has been completed and signed. “The Company” includes all the separate legal entities listed on the transfer from. The Company agrees to transfer funds only from accounts that have sufficient funds to complete a transfer. The Bank can process a funds transfer on the same business day as your instructions if the Bank receives your instructions before our cut-off hour of 8 p.m. Central Time on a business day. If the Bank receives your instruction after the cut-off hour, the transaction will be processed on our next business day.
Limitations on Transfers
Federal regulation may limit the number of checks, telephone transfers, online and mobile transfers, and preauthorized electronic transfers to an account you have with the Bank and to third parties (including point-of-sale transactions) from each money market and savings type accounts. You may be limited to six such transactions from each money market and savings type accounts you have each month or statement period for purposes of making a payment to a third party or by use of a telephone or computer.
A stop payment order must be received in time to give the Bank a reasonable opportunity to act on it and must precisely identify the number, date, amount of the item, and the payee. The Bank will honor a stop-payment request initiated through the online banking software by the person who signed the particular item or by any other person who has a right to withdraw from the account, even though the other person did not sign the item. A stop payment request initiated through the online banking software will be considered a written request. A confirmation of the stop payment will be mailed to the business address on file with the Bank.
Right to Stop Payment and Procedure for Doing So
If the Company told the Bank in advance to make regular payments out of the business account, the Company can stop any of these payments, doing the following: Complete the Stop Payment screen available on the online banking software, call the Bank at 888-874-2489 or write the Bank at:
Tri City National Bank
Stop Payment Requests
PO Box 44017
West Allis, WI 53214
Refer to the Bank’s current fee schedule for charges.
The “Contact Us” option allows the Company to make inquiries about business accounts, initiate maintenance (i.e., address changes), etc. over a secure line. However, transactions cannot be initiated through “Contact Us” and will not be honored.
The Company accepts full responsibility for monitoring its accounts and agrees to notify the Bank in writing at:
Tri City National Bank
PO Box 44017
West Allis, WI 53214
If the Company becomes aware of:
- any loss, theft, or unauthorized use of the codes, or account numbers
- any failure to receive a message from the Bank indicating that a transaction request was received and/or a transaction was completed
- any advice of a transaction that the Company did not authorize
- any inaccurate information in its account balances or transaction history
The Bank may amend this Agreement at any time. Notice will be sent to the Company’s business address on file with the Bank. Amendments will be effective upon the date indicated in the notice. By accessing the software after the Amendments have been made, the Company agrees to be bound by the amended agreement.
This agreement is intended to supplement and not to replace other agreements between the Bank and the Company relating to the Company’s accounts, including, without limitation, the Bank’s deposit account rules. In the event of a conflict between this Agreement and any other account rules and agreements that apply to the Company, this agreement shall govern and prevail for transactions initiated through the online banking software.
Please refer to separate Agreement to perform Positive Pay Services.
Please refer to separate Wire transfer Agreement.
You understand that support and services relating to Business Online Banking are provided by third parties other than the Bank, and you authorize the Bank to contract with third parties to provide such support and service. Except as may be required by applicable law, the Bank shall not, without the consent of the Company, disclose any information provided by the Company to any other third party. The Bank shall undertake reasonable precautions to preserve the confidentiality of such information. By signing up, the Company consents to us sharing all information in the Application with the third parties on a need-to-know basis.
The Bank may delete the Company’s user ID and access if the Company has not signed into Business Online Banking within six months. The Company may have to complete a new application in order to re-enroll in Business Online Banking.
The Company may terminate this Agreement at any time. Such termination shall be effective on the first business day following the day of the Bank’s receipt of written notice of such termination or such later date as is specified in that notice. The Bank reserves the right to terminate this Agreement immediately upon providing written notice of such termination to the Company. Any termination of this Agreement shall not affect any of the Bank’s rights and the Company’s obligations with respect to entries initiated by the Company prior to such termination or the payment obligations of the Company with respect to services performed by the Bank prior to termination or any other obligations that survive termination of this Agreement.
This Agreement shall be governed by, and construed in accordance with, the laws of the United States and the State of Wisconsin.
The Company has requested that the Bank permit it to utilize the Bill Payment Service to pay bills on an automatic recurring basis or as specific one-time payments.
The Company must designate one checking account as the bill payment account. o use bill payment, the Company will provide the Bank with the name and address of the payee (i.e., the person/business to be paid), the Company’s account number with that payee, and any other information required to properly debit the Company’s account with the Bank and credit the Company’s account with the payee. If the Company’s account number or any other information changes, or if the Company wishes to add or delete payees, the Company must make the necessary changes in the appropriate fields through the Bill Payment section before 8 p.m. Central Time on the payment due date. The Bank may refuse to make payments to certain payees in its sole discretion and to payees that choose not to participate in the services.
The cost for the Bill Payment Service is $9.95 per month for unlimited bills. Other activity and maintenance fees may be charged to the Company’s account.
Bill Payments Processing
Bill payments are processed either through an electronic transmission to the payee or by check drawn on the Company’s account and mailed to the payee. Payees who receive electronic delivery will receive the Company’s payment information, including account number with the payee, through a computer link. All checks are sent through the US mail. Payments made with checks are generally received and credited by most payees within five to seven business days. If the Bank receives any payment instructions from a payee, the Bank may follow those instructions to help ensure that the payment is received by the payee and promptly credited to the Company’s account.
To help ensure that payments arrive on time, the Company must schedule payments at least five business days before the payment due date. This generally allows sufficient time for the payee to receive and post the payment.
The Bank can process a bill payment on the same business day as the Company’s instructions, if the Bank receives the instructions before the cut-off hour of 8 p.m. Central Time on a business day. If payment instructions are received after 8 p.m. Central Time on a business day, or on a non-business day, the transaction will be processed on the next business day. If a bill payment is scheduled for a future date, the transaction will be processed after the close of business on that date if that day is a business day. If the date requested for a future payment is not a business day, the transaction will be processed on the business day immediately preceding the date requested. If a recurring bill payment is scheduled and the payment date does not exist in a month, the payment will be processed on the last business day of that month.
Cancelling Bill Payments
An instruction to cancel a pending bill payment must be received before 8 p.m. on the day the transaction is to be processed.
When the Company schedules a bill payment, it authorizes the Bank to withdraw the necessary funds from the Company’s account. The Bank will deduct the amount of the bill payment from the Company’s account on the date the instruction is processed. The Bank may charge payments against the account even though the charge creates an overdraft, or the Bank may refuse to make payments if the charge creates an overdraft. If the Company’s account is overdrawn, it agrees to immediately pay the overdrawn amount, together with any applicable fees. If the account is maintained in connection with an overdraft protection/credit plan, any overdraft will be handled in accordance with the agreement or rules governing that account rather than this Agreement.
Bank Liability Limitations
In performance of the services required by this Agreement, the Bank shall be entitled to rely solely on the information, representations, and warranties provided by the Company pursuant to this Agreement and shall not be responsible for the accuracy or completeness thereof. The Bank shall be responsible only for performing the services expressly provided for in this Agreement and shall be liable only for its gross negligence or willful misconduct in performing those services. The Bank shall not be responsible for the Company’s acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal, or authorization of any entry received from the Company), or those of any other person. The Company agrees to indemnify the Bank against any loss, liability, or expense (including attorneys’ fees and expenses) resulting from or arising out of any claim of any person that the Bank is responsible for any act or omission of the Company or any other person described in this Section.
The Bank shall be liable only for the Company’s actual damages. In no event shall the Bank be liable for any consequential, special, incidental, punitive, or indirect loss or damage the Company may incur or suffer in connection with this Agreement.
Without limiting the generality of the foregoing provisions, the Bank shall be excused from failing to act or delay in acting if such failure or delay caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Bank’s control
The Bank may modify, suspend, or terminate Bill Payment Services and may withhold approval of any transaction, at any time, without prior notice. In the event the Bank terminates Bill Payment, it will try to notify the Company in advance but is not required to do so; the Company will be notified as soon as practicable. The Company may terminate Bill Payment by writing the Bank at:
Tri City National Bank
Bill Payment Service
PO Box 44017
West Allis, WI 53214
Termination shall not affect the rights and obligations of the parties for transactions made with Bill Payment Services before the Bank has had a reasonable time to respond to your termination request.