Consumer Internet Banking Agreement and Disclosures

  1. Coverage.This Agreement applies to your use of our Internet Banking Service ("Sunset Bank Internet Banking Service"), which permits you to access your accounts with us via the Internet for services selected by you and agreed upon by us. This Agreement applies to all persons that are parties to the accounts. In this Agreement, the terms "you" and "your" refer to each depositor on an account accessible by Sunset Bank Internet Banking Service, and the terms "us", "we" and "our" refer to the Bank.
  2. Enrollment/Application Forms. To establish Sunset Bank Internet Banking Service you must complete the enrollment form on the next screen, evidencing your desire to access your accounts using the Sunset Bank Internet Banking Service. Completion and submission of the electronic enrollment form constitutes your agreement to the terms of this Agreement.
  3. Your Responsibility. You are responsible for selecting all systems, hardware and your Internet Service Provider and for any defect, malfunction or interruption in service or security due to hardware failure, your choice of Internet Service Provider and systems and computer services.
  4. Access Codes. We will issue to you an Access ID and temporary password to access services using the Sunset Bank Internet Banking Service. When you sign on for the first time, you will be asked to change your Password to one only you know. The password has the same effect as your signature authorizing transactions. You agree to safely keep the password, not to record the password or otherwise disclose or make the password available to anyone other than authorized users of your accounts. Anyone to whom you disclose your password and anyone who has access to your password will have full access to the services you can perform on Sunset Bank Internet Banking Service, including full access to your accounts. You have no ability to limit any such person's authority. If anyone uses your password with your permission, you will be responsible for any transactions performed by that person.
  5. Customer Liability. Tell us at once if you believe your password has been lost, stolen or otherwise become available to an unauthorized person. Telephoning us at 970-9000 or toll free at 877-942-3845 is the best way of keeping your possible losses down. You could lose all the money in your accounts (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more than $50 if someone used your PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your PIN, and we can prove that we could have stopped someone from using your PIN without your permission, you could lose as much as $500.

    Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days of the date we mail a periodic statement to you, you may not get any money you lost after the 60 days if we show that we could have stopped someone from taking the money if you would have told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
  6. Contact in Event of Unauthorized Transfer. If you believe your PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call us at 970-9000 or toll free at 877-942-3845. You may also write us at: Sunset Bank & Savings, Attn: Operations, 521 W Sunset Dr., Waukesha, WI 53189.
  7. Business Days. Our business days are Monday through Friday. The bank is open on Saturday but this is not considered a business day for Sunset Bank Internet Banking Service. The following holidays are not included as business days: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

    We can process a fund transfer on the same business day as your instructions, if we receive your instructions before our Internet Service cut-off hour of 6 p.m. on a business day. If we receive your instruction after the end of our business day, we process the transaction on our next business day. If the date you request a fund transfer is not a business day, we process the transaction on our next business day.
  8. Functions.
    Using your Customer ID and PIN you can perform all of the functions described below, in connection with the accounts you are authorized to have access to. You can:
    • View Account Information
    • Transfer Funds among your deposit accounts held with us.
    • Transfer Funds from your line of credit to your checking account when both are held by us.
    • Make payments out of your deposit accounts to you loan accounts when both are held by us.
    • Make Stop Payments
  9. Canceling Funds Transfers.
    • a. Canceling an Order. Any instruction to cancel or change a transfer must be received prior to the banks cutoff time of 5 p.m. If we don't receive your complete and accurate instruction identifying a funds transfer prior to that time, we may process the transaction.
    • b. Liability for Failure to Stop. If you order us to stop a transfer three business days or more before the transfer is scheduled, and the stop payment order is made according to the terms and conditions of the account and this Agreement, including the requirement that you give us the exact amount of the debit and the next date of the debit , and we do not do so, we will be liable for your losses or damages proximately caused by our failure.
    • c. Our Rights. If we fail to cancel or stop any funds transfer, the transfer will stand unless you show us that the transfer 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.
  10. Overdrafts. When you schedule a funds transfer using Sunset Bank Internet Banking Service, you authorize us to withdraw the necessary funds from your account with us. We deduct the amount of your funds transfer from your account on the date we process your instruction. Each instruction to us to withdraw or transfer from an account is an order to us to pay from that account at the time or on a later date, if any, indicated in the instruction. We may charge payments against the account even though the charge creates an overdraft, or we may refuse to make payments if the charge creates an overdraft. If you overdraw your account, you agree to immediately pay us the overdrawn amount, together with any applicable fees. If the account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that account rather than this Agreement.
  11. Limitations on Transfers. Under federal regulations, you may make no more than six preauthorized electronic fund transfers and telephone transfers, including Sunset Bank Internet Banking Service transactions, checks and point-of-sale transactions per month from your savings or money market deposit account. Of these six transactions, you are limited to no more than three transactions per month by check, draft, debit card or similar order to third parties. Each fund transfer through Sunset Bank Internet Banking Service from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each month. However, payments to your loan accounts with us are not counted toward this limit for savings and money market deposit accounts.
  12. Fees. We will charge you for Sunset Bank Internet Banking Service fees, if any, identified in our current fee schedule accompanying this Agreement, and as it may be amended by us from time to time, and otherwise in accordance with our Deposit Account Rules.
  13. Periodic Statements. Your Sunset Bank Internet Banking Service account activity will appear on your periodic account statement. If there are no transfers in a particular month, you will receive statements at least quarterly.
  14. Our Liability For Failure to Make Transfers. If you have given us all of the proper and timely instructions and have properly completed all fields to complete a transfer, and we do no complete a transfer to or from your account on time or in the correct amount according to our agreement with you, subject to the limitations contained in this Agreement, we will be liable for your losses or damages proximately caused by our failure. However, there are some exceptions. We will not be liable, for instance:
    • If, through no fault of ours, your account does not contain sufficient collected funds to make the transfer.
    • If the money in your account is subject to legal process or other encumbrances restricting the transfer.
    • If the transfer would go over the credit limit on your overdraft credit plan, if any.
    • If a transfer system was not working properly and you knew about the breakdown when you started the transfer.
    • If an act of God or circumstances beyond our control (such as fire or flood) prevent the transfer or use of Sunset Bank Internet Banking Service despite reasonable precautions that we have taken.
    • If incomplete or inaccurate information is forwarded to us by you or through an automated clearing house.
    • If you have not provided us with complete and correct transfer information, including without limitation the account numbers and transfer amount.
    • If you have not properly followed the instructions for using Sunset Bank Internet Banking Service.
    • If your operating system is not properly installed or functioning properly.
    • For errors or failures from any malfunctions of your browser, internet service provider, computer, computer virus or other problems relating to the computer equipment you use with Sunset Bank Internet Banking Service, including, without limitation, your inability to access Sunset Bank Internet Banking Service or any part of the Internet Banking Service.
    • For failure to provide access or for interruptions in access to Sunset Bank Internet Banking Service due to an Internet Banking system failure.
    • NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN TRANSFERRING FUNDS OR PAYING A BILL WILL BE TO CORRECT THE ERROR (AND PAY ANY PENALTIES AND ASSOCIATED LATE CHARGES INCURRED DUE TO THE ERROR), BUT IN NOW CASE WILL THE BANK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ANY WAY RELATED TO INTERNET SERVICE.
  15. Account Information Disclosure We will disclose information to third parties about your account or the transfers you make, as permitted by law, including, without limitation: where it is necessary for completing or tracing transfers or resolving errors or claims; in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant or other financial institution; in order to comply with court orders or other legal process; to comply with subpoenas, summonses, search warrants or requests from government agencies; to other companies affiliated with us; and whenever required by law; and in the future to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements.
  16. Termination. We may modify, suspend or terminate your privilege of using Sunset Bank Internet Banking Service and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate Sunset Bank Internet Banking Service, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. Any one person who can use the account(s) accessible with Sunset Bank Internet Banking Service may terminate the Internet Banking Service Agreement. Termination shall not affect the rights and obligations of the parties for transactions made with the Internet Service before we have had a reasonable time to respond to your termination request. In the event that you cancel your Internet Banking Service, you must notify us of any future transfers that may exist or we will continue to process such transfers.
  17. Third Parties. You understand that support and services relating to Sunset Bank Internet Banking Service are provided by a third party other than us, and you authorize us to contract with a third party to provide such support and service.
  18. Amendment. We may amend this Agreement at any time. Notice will be sent to you at your current address in our files or sent to your email address. Amendments will be effective upon the date indicated in the notice.
  19. General. This Agreement is intended to supplement and not replace other agreements between you and us relating to your accounts, including, without limitation, our Deposit Account Disclosures. In the event of a conflict between this Agreement and any other account rules and agreements that apply to your accounts, this Agreement shall govern and prevail.

In Case of Errors or Questions About Your Electronic Transfers

Telephone us at 262-970-9000 or toll free at 877-942-3845 or write us at Sunset Bank & Savings, 521 W Sunset Drive, Waukesha WI, 53189 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 you the FIRST Statement on which the problem or error appeared.

  1. Tell us your name and account number (if any).
  2. 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.
  3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business 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 periods 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.

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.

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