Internet Banking and Online Bill Pay Service Agreement and Disclosure Statement
This agreement states the terms and conditions that apply when you use Charter Bank Internet Banking. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. By signing an application form or by your initial access to Charter Bank Internet Banking service you agree to the terms and conditions of this Agreement.
"Bank", "Charter Bank", "we", "us", or "our" refers to Charter Bank, and "you" and "your" refers to each depositor, borrower, authorized signer, or authorized user of an account with Charter Bank.
Charter Bank Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. If your browser does not support 128-bit encryption, you will not be able to access Internet Banking. The Charter Bank web server does not connect directly to the Internet. It is buffered from the Internet through the use of firewalls and a service provider interface. All access from outside the bank must go through these firewalls, which screens the requests and allows only valid http traffic to reach the server.
Hardware and Software Requirements
To be able to use Charter Bank Internet Banking, you must provide your own personal computer with Internet access. Charter Bank Internet Banking can be accessed through a basic web browser like Microsoft Internet Explorer or Netscape Navigator. (See Security above for encryption requirements.) You are and will remain solely responsible for the purchase, hook-up, installation, loading, operation, and maintenance of your own personal computer and for all related costs. You are solely responsible for scanning the Hardware and the Software for computer viruses and other related problems before you use them. Charter Bank offers limited support with regard to your physical computer and its Internet settings. If you experience difficulties accessing our Internet product, you should contact your Internet service provider or your hardware vendor.
You agree to use Charter Bank Internet Banking solely for the services described in this Agreement. You may designate multiple accounts in conjunction with your Internet Banking access; however, no accounts that require 2 or more signatures for withdrawal may have transfer privileges through Internet Banking. You may add any account for which you, or all of you if more than one, are depositor, borrower, authorized signer, or authorized user by notifying the Bank or by visiting the office. If you close or delete all accounts designated for Charter Bank Internet Banking, you will no longer be able to use Charter Bank Internet Banking service.
ID and PIN
All Charter Bank Internet Banking transactions or inquiries must be initiated by use of your Charter Bank Internet Banking Identification (ID) and personal identification number (PIN). We will assign you an ID and PIN after we have accepted your Application. The first time you sign on Charter Bank Internet Banking, you will be required to select a new PIN. You will be required to change your PIN every 90 days and may change your PIN more frequently. It is recommended that you do not use your social security number, birthdays, names, or other codes that may be easy for others to determine as your PIN. No Bank employee will ever ask for your PIN, nor should you provide it to anyone unless you intend to allow that person access to your accounts. YOU AGREE TO KEEP YOUR PIN CONFIDENTIAL. USE OF THE PIN BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH CHARTER BANK INTERNET BANKING.
If you authorize another person to use your PIN, that person can use Charter Bank Internet Banking to view any information or initiate any transaction on any of the accounts to the same extent as you, including viewing information or initiating transactions on accounts to which that person does not otherwise have access. As such, your sharing of your PIN is strongly discouraged by the Bank, and done at your own risk.
If a third party should gain access to your PIN, you alone are responsible for changing the PIN so as to deny the third party’s access to your banking information. Given the electronic nature of these transactions, the Bank shall have no liability to you in the event a third party should gain access to your PIN through no fault of the Bank.
You should always exit Charter Bank Internet Banking after you finish viewing your accounts. Never leave your computer unattended while accessing Charter Bank Internet Banking. If you do, a third party may be able to access your accounts from your terminal, without ever needing to use your PIN.
Business days for the Bank and for Charter Bank Internet Banking are Monday through Friday, excluding holidays. You may access the accounts through Charter Bank Internet Banking 24 hours a day, seven days a week. Charter Bank may perform regular maintenance on our systems or equipment, which may result in interrupted service. We will attempt to provide notification in advance of interrupted service.
You may use Charter Bank Internet Banking to perform any of the following services designated by you in the Application or subsequently added by you as provided below.
- Access account and loan balance information
- Access detailed history on your accounts including checks cleared, deposits, ATM and Debit Card transactions
- Transfer funds between accounts
- View up to 12 months of account statements
- View stop payments
- View current deposit interest rates
- Access copies of your checks
- Contact the bank via e-mail
- *Download account information to a money management program on your computer
Management - personalize your information
- Change your PIN
- Change your Personal Alias (ID)
- Reset your login count
- Change pseudo account names
*(You are responsible for setup of the download in order for your financial program or spreadsheet program to accept it.)
You may sign up for Internet Banking by filling out the Internet Banking application on our website or by stopping at our bank. To terminate Internet Banking, contact Charter Bank in writing via fax at 1.715.831.2198 or via postal mail to:
1010 West Clairemont Avenue
Eau Claire, WI 54701
Transfers to and from Accounts
Internet Banking transfers between accounts are considered ‘electronic funds transfers’ as defined in Regulation E. Some accounts have transfer limitations, as described in the account disclosure provided to you at the time the account was opened. Any limitations that apply to your account(s) regarding deposits, transfers and withdrawals also apply through Internet Banking. You may use Charter Bank Internet Banking to initiate electronic fund transfers from deposit accounts (checking or savings) to other deposit accounts. Transfers may not be made from loan accounts or time accounts (certificates of deposit).
Your ability to initiate bank transfers between accounts may be limited by federal law or by the terms of your agreement with us as described on each account’s disclosure statement you received when that account was opened. You may obtain a new disclosure statement by contacting our bank.
Federal Regulation D governing savings and money market accounts states that transfers or withdrawals from these accounts to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone transfer or instruction, computer transfer or similar order to a third party, are limited to six per monthly statement cycle. Withdrawals via mail, ATM, or in person are unlimited for calculating Regulation D transaction limitations. If you exceed the transaction limitations, your account shall be subject to closure.
Your account must have sufficient funds in order for transfers to be completed.
Timing of bank transfers and posting
If you initiate a bank transfer of available funds on or before 6:00 pm Central Time on a business day, the bank transfer will be posted on the same business day. If you initiate a bank transfer later than 6:00 pm Central Time on a business day, the bank transfer will be posted on the next business day.
You may use Charter Bank Internet Banking to receive, download, and store or print information regarding an account that is routinely set forth in the statement for the Account, debits and credits made to the account, amounts and item numbers for items drawn on the account (if applicable), and the daily account balance (including interest credited to a Deposit Account and finance charges accrued on a Credit Account). Because the information made available to you is ‘posted data’, it may not include transactions that have not yet been posted to your account for that business day. You will still receive your usual periodic printed statement of your accounts.
Electronic Mail Service
You may use Charter Bank Internet Banking to send electronic mail ("e-mail") to us. The e-mail service may not be used to make bank transfers between accounts. E-mail transmitted by you to us via Charter Bank Internet Banking may not be delivered to us immediately. If you need to contact us immediately to report an unauthorized use of your PIN, to report unauthorized access to an account, or for any other reason, you should call us at 715-832-4254 or 1.800.471.4510. We will not be responsible for acting on or responding to any e-mail request made through Charter Bank Internet Banking until we actually receive your e-mail message and have a reasonable opportunity to act.
We may, from time to time, make additional services available through Charter Bank Internet Banking. We will notify you of the availability and terms of these new services. By using these additional services when they become available, you agree to be bound by this Agreement and any additional instructions, procedures and terms provided to you with respect to each of these new services.
Fees and Charges
In consideration of our making the Charter Bank Internet Banking services available to you, you agree to pay, and you authorize us to automatically debit to the applicable account for the following fees:
Access to Charter Bank Internet Banking is furnished at no charge to the customer. This includes viewing your accounts, current transactions, viewing a range of transactions between dates, transferring funds from one account to another and viewing previous statements.
Fees Applicable To Bill Pay Service
- Copies of check payments: $3.00
- Declined Authorization fee: $15.00
- Stop Payment of Bill Payment Items: $20.00
- Online Bill Payment Service is “FREE” for Charter Bank Consumer Checking Account customers
- Business customer monthly fee: $7.95 per month. First 10 payments are free; payments numbering over 10 are $0.30 per payment.
- Monthly Inactive Fee: If you do not access Bill Pay Service in a three-month period, your account will be canceled and a reactivation fee may be assessed.
For customers entering stop payments, a fee of $20.00 will be automatically assessed from the account the stop payment order is being placed on. This fee will be assessed on the same business date that the transaction is processed.
Stop payments are in effect for six months from the date entered. Stop payment fees may change from time to time and notification of these fee changes will be provided through the Charter Bank Schedule of Fees provided to each customer 30 days in advance of fee changes.
You will be solely responsible for all tariffs, duties, or taxes imposed by any government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tools tariffs, and other costs for online sessions initiated by you. There may be other costs and charges associated with your accounts, such as overdraft charges.
Errors and Adjustments
We agree to correct any error made in crediting or debiting any account by making the appropriate adjustment to your account balance. You agree to repay promptly any amount credited to your account in error, and you authorize us to initiate a debit transfer to any account to obtain payment of any erroneous credit.
If you become aware of any errors on your accounts, notify the bank immediately by calling 715-832-4254 or 1.800.471.4510 or write to the bank at:
1010 West Clairemont Avenue
Eau Claire, WI 54701
Error Resolution Notice
In case of errors or questions about your electronic transfers, call or write us at the telephone number listed above, as soon as you can, if you think your statement or receipt is wrong 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 the FIRST statement on which the problem or error appeared.
- Tell us 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.
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or questions in writing within 10 business days.
We will determine whether an error occurred within 10-business days (5 business days if involving a Visa transaction or 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decided to do this, we will credit your account within 10 business days (5 business days if involving a Visa transaction or 20 business days if the transfer involved a new account) 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. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.
We will tell you the results within three 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.
Bank’s Liability for Failure to Make or Stop Certain Electronic Fund Transfers
If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If the transfer would go over the credit limit on your overdraft line.
- If the automated teller machine where you are making the transfer does not have enough cash.
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken.
There may be other exceptions stated in our agreement with you.
Limits on Bank’s Liability
To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Charter Bank Internet Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if the Bank has been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not the Bank’s agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE BANK WITH RESPECT TO ANY CHARTER BANK INTERNET BANKING SERVICE OR THE SOFTWARE, AND THE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, the Bank shall not be liable at any time to you or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of the bank’s responsibilities under this Agreement which is caused or occasioned by any act or thing beyond the Bank’s reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, the Bank shall be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that the Bank shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, the Service provider, any Internet access service provider, any federal reserve bank or transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed the Bank’s agent.
Your Liability for Unauthorized or Erroneous Transfers
You have the obligation to immediately notify the Bank if your PIN has been lost or stolen, or if someone has transferred funds from your account through Charter Bank Internet Banking without your permission. We may require that the notice be in writing. You could lose all the money in your Deposit Account, some or all of the money in any linked account, or up to your maximum overdraft line of credit if you have a check overdraft protection line of credit, if you fail or refuse to immediately advise the Bank of the unauthorized use of your PIN.
If you believe your PIN has been lost or stolen or that someone has transferred or may transfer money from an account without your permission contact our bank immediately by
1010 West Clairemont Avenue
Eau Claire, WI 54701
Rejection of Transfers or Stop Payments
You acknowledge that the Bank may from time to time, in its sole discretion, reject any bank transfer or stop payment request or return any bank transfer or stop payment
- if there are insufficient or unavailable funds in the Deposit Account or the Deposit Account has been closed or is frozen,
- if the payment order does not conform to the terms of this Agreement,
- if the information provided is insufficient to complete the request or,
- if the payment order appears to be a duplicate, but neither the Bank nor the Service Provider is under any obligation to recognize that a payment is a duplicate and you should not rely on the Bank or the Service Provider to do so.
If a payment order is rejected or a bank transfer or stop payment is returned, the Bank will notify you and you will have the sole obligation to remake the payment order in accordance with the terms of this Agreement and the Software. The Bank may from time to time, in its sole discretion and without any obligation to do so, execute any payment order or make any bank transfer or stop payment even though an overdraft to the account results. To the extent permitted by applicable law, you agree that the Bank will not have any liability whatsoever for refusing to accept or rejecting or returning any bank transfer or stop payment. If an overdraft occurs in a Deposit Account, you agree to cause sufficient available funds to pay the amount of the overdraft to be deposited into or credited to the Deposit Account before the end of that business day. Any overdraft existing at the close of a business day is immediately due and payable without notice or demand.
When you schedule a funds transfer using the Internet Service, you authorize us to withdraw the necessary funds from your checking account. We deduct the amount of your funds transfer from your account on the date per your instruction. Each instruction from you to withdraw or transfer from an account is an order to us to pay from that account at that time or on a later date, if any, indicated in the instruction.
When you schedule a bill payment using our Bill Payment Service, you authorize us to withdraw the necessary funds from your checking account, as indicated on your application. The amount of your bill payment(s) will be deducted from your designated checking account within one (1) to two (2) business days following the assigned payment date, even though said payment(s) may cause overdraft(s). We reserve the right, however, to refuse or discontinue your ability to make bill payments if the deduction(s) creates an overdraft(s).
In the event your checking account becomes overdrawn, you agree to immediately pay the overdrawn amount, as well as any applicable fees resulting from the occurrence. If the account is maintained in connection with an overdraft credit plan, the agreement or rules governing overdrafts in that account will take precedence over this Agreement.
Bill Payment Service
You can pay bills either on an automatic recurring basis or periodically as you request. The application requires you to designate one checking account, which will serve as the primary and sole funding account for any and all service fees incurred, and bill payment deductions.
How Bill Payments Are Made
Bill payments are processed either through an electronic transmission to the payee or by check drawn on our vendor’s account and mailed to the payee, and shortly thereafter, debited from your designated Bill Payment account. Payees who receive electronic delivery will receive your payment information, including your account number with them, via the ACH (Automated Clearing House) network. All checks are sent through the U.S. mail. Payments made with checks are generally received and credited by most payees within five to seven business days.
To help ensure that your payments arrive on time, you must schedule your payments to be processed at least three (3) business days before the payment due date for an electronic payment to the payee and at least five (5) business days before the due date for a check payment mailed to the payee. This generally allows sufficient time for the payee to receive and post your payment timely.
Payments cannot be payable to any government agency. If your payment dollar amount exceeds $9999.99, you will have to set it up as two payments. The payments cannot be for the exact same amount or it will look like a duplicate payment and the second payment will be rejected.
Bill Payment Processing
The payment amounts you set up within our Bill Payment Service will automatically be deducted from your designated checking account within one (1) to two (2) business days following the assigned payment date. Bill Payment processing occurs at 2:00 AM Central Standard Time (CST) and again at 12:00 noon Central Standard Time (CST), Monday through Friday, excluding Federal Holidays. Your payment requests shall be processed accordingly, with remittance being electronically sent or physically mailed to your payees in the early morning of the next business day after your designated bill payment date. All payments scheduled to go on a weekend will be processed on the processing day before the weekend. All payments scheduled to go on a holiday will be processed the day before that date. Payments entered on the weekend, recurring or one time, will be processed on the next business day.
We work with payees to encourage them to accept an electronic or check payment. If we are unsuccessful, or if we believe that the payee cannot process payments in a timely manner, we may decline to make future payments to this payee. In the unlikely event that this occurs, we send you a notice. We may refuse to make payments to certain payees in our sole discretion (including, without limitation, government agencies) and to payees that choose not to participate in the services.
Canceling Bill Payments
You may cancel or change a pending bill payment by selecting and accurately completing the appropriate fields within Internet Banking. Any instruction to cancel or change a transfer or bill payment must be received at least 1-business day before the day the transaction is to be processed. Except for preauthorized transfers, described below, if we don’t receive your complete and accurate instruction identifying a funds transfer or payment prior to that time, we may process the transaction.
If we fail to cancel or stop any funds transfer or bill payment, the payment will stand unless you show us that payment to the payee was unenforceable. If we re-credit your account after transferring funds over a valid and timely cancellation request, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee, and to assist us in any legal action taken against that person.
Your Bill Pay Service account activity will appear on your periodic account statement.
Cancellation Of Bill Payment Services
We may modify, suspend or terminate your privilege to use the Bill Payment Service and may withhold approval of any transaction, at any time, with or without prior notice to you. In the event we terminate your Bill Payment Service, we will try to notify you in advance as soon as possible, but we are not required to do so.
Any one person authorized to use Bill Payment Service may terminate the Bill Payment Service by contacting Charter Bank in writing by mail or in person at the Bank, 1010 West Clairemont Avenue, Eau Claire, WI, 54701.
Termination shall not affect the rights and obligations of the parties for transactions made within the Bill Payment Service before there was reasonable time to respond to your termination request.
All bill payments, both present, future, recurring and/or one-time payments, must be deleted before terminating your Bill Payment Service, or such payments may continue to be processed at your expense. Please be aware that if and when your online Bill Payment account is deleted, your bill payment history is deleted along with it, making it impossible for yourself or the bank to obtain that format of your payment information in the future. Transactions you made, however, will have been recorded on your bank account statements as bill payment deductions.
Disclosure of Deposit Account Information to Third Parties
You agree that we may from time to time disclose to third parties information about your accounts or the transactions that you make through Charter Bank Internet Banking. We will disclose information to third parties about your accounts or the transfers you make:
- Where it is necessary for completing bank transfers or stop payment or providing any other service in connection with Charter Bank Internet Banking; or
- In order to verify the existence and condition of your Deposit Account for a third party, such as a credit bureau or merchant; or
- In order to comply with government agency or court orders; or
- If you give us your written permission.
We reserve the right to amend this agreement from time to time as necessary to include, but not limited to, change in fees, liability, services, etc. Amendments to this agreement will be delivered to you at least 30 days prior to effect, unless it is necessary to make immediate changes for security purposes, to comply with law, changes made by our service provider or as otherwise expressly provided in this Agreement.
Our Right to Terminate
You agree that we can terminate or limit your access to SYSTEM Services:
- Without prior notice, if you have insufficient funds in any one of your BANK accounts. SYSTEM service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits
- Upon 5 business days notice, for any other reason at our sole and absolute discretion
Other Agreements; Severability; Governing Law
In the event of any conflicts between this Agreement and the content of the software or any related materials regarding the bank’s obligations to you, the terms of this Agreement will control. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. This Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the State of Wisconsin, without regard to such States’ rules regarding conflicts of laws. In the event of any conflicts between this Agreement and the content of the software or any related materials regarding the bank’s obligations to you, the terms of this Agreement will control. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. This Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the State of Wisconsin, without regard to such States’ rules regarding conflicts of laws.
You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including without limitation, the performance of the services described herein. This Agreement will be binding on and for the benefit of the successors and/or assigns of any party.
No Third Party Beneficiaries
This Agreement is for the benefit of you and the Bank and is not intended to grant, and shall not be construed as granting any rights to or otherwise benefiting any other person, except as expressly otherwise provided in this Agreement.
Communications between BANK and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways.
Please note that banking transactions through the SYSTEM are not made via email.
or Toll Free at 1.800.471.4510
1010 West Clairemont Avenue
Eau Claire, WI 54701
|In Person:||You may visit us in person any time at our location listed above.|
Choice of Forum
In the event any litigation is instituted to enforce or interpret the terms of this Agreement, you agree that the exclusive forum therefore shall be the Circuit Court for Eau Claire County, Wisconsin. In the event that the Bank is the prevailing party, the Bank shall be entitled to reimbursement for all reasonable attorney fees and costs incurred including, but not limited to, those incurred incident to any appeal.
Consent to Electronic Delivery of Notices
Click here to complete the Internet Banking Application online.