Online Banking Bill Payment Agreement


Bill Payment service is designed for use with personal accounts and is currently unavailable to business accounts.

AGREEMENT
  This agreement will govern all deposit accounts established with Oostburg State Bank, a Wisconsin state chartered Federal Reserve member bank. The words "we," "our," or "us" mean Oostburg State Bank, and the words "you" or "yours" mean the accountholder(s). Our relationship with you is regulated by federal and state banking laws.

You agree to the terms of the service Agreement and the Fees that are identified in Paragraph 6 and we are authorized to deduct these charges as earned, directly from the account balance. You agree to be liable for any account deficit resulting from charges or overdrafts as well as any other loss we incur, whether caused by you or another authorized to withdraw funds from an account, together with the costs we incur to collect the deficit or loss. You also expressly agree to the limitation of bank liabilities identified in Paragraph 8 of this Agreement.

TERMS AND CONDITIONS The Bill Payment Service offered by Oostburg State Bank is subject to the following terms and conditions as well as all applicable laws. For purposes of this Agreement:

• "Application" means the printed Application Form for Bill Payment Service upon which you provide necessary information to initiate Bill Payment Service on your Payment Account.
• "Business Day" means Monday through Friday, excluding Federal Reserve holidays.
• "Cutoff Time" means 6:00 p.m. Central Standard Time on business days.
• "Maximum Payment" means an amount available to be processed under a Payment Instruction from your Payment Account up to a maximum amount of $5,000.00.
• "Payee" means the person or entity to whom you wish a bill payment to be directed
• "Payment Account" means your checking account from which bill payments will be made.
• "Payment Initiation Date" means the Business Day of your choice up until 6:00 p.m. Central Time upon which your bill payment will begin processing and your Payment Account will be debited.
• "Payment Processing Date" means the Business Day upon which your Payment Instruction is actually processed and your payment is sent to the Payee.
• "Payment Instruction" means the information provided by you to the Service through the Bill Payment system for a bill payment to be made from your Payment Account to the Payee (such information includes, but is not limited to, Payee name, address, & telephone number, Amount, and Processing date and frequency of payment).
• "Service" means the Bill Payment service offered by Oostburg State Bank.
• "Transaction" means the preparation and remittance of your payment by US Mail or electronic means.

1. Bill Payment We will follow the Payment Instructions we receive from you, including the name, address, and account information for those Payees you authorize us to direct such payment. We will debit your Payment Account on the selected Payment Initiation Date in an amount not to exceed the Maximum Payment and to remit funds to the Payee on your behalf. However, in no account will you be authorized to direct a bill payment under a single transaction in an amount in excess of the Maximum Payment amount of $5,000.00 per transaction per Business Day.

2. Timing of Instructions and Payment  Your Bill Payment transactions will be processed on the Business Day following your Payment Initiation Date. Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered into the Service on the next Business Day. Some Bill Payment transactions may take longer than normal mailing time for the payment from you to be credited by your Payee. In addition, you acknowledge and agree that we are not responsible for the late delivery of payments due to circumstances beyond our control (including, but not limited to, delays in handling, delivery, and Payee’s posting of payments). For this reason, you should choose a Payment Processing Date no less than five (5) Business Days prior to the actual due date. (For example, the payment should be processed no later than Monday before 6 p.m. Central Time for a payment to be sent with an expected arrival of the following Monday.)

3. Canceling or Editing a Payment  A bill payment is deemed a "Pending Payment" from the time Payment Instructions are received by us until the Cutoff Time of 6:00 p.m. Central Time on the Business Day of the Payment Initiation Date. If you desire to cancel or edit any Pending Payment (including recurring payments), then you may do so up until 4:00 p.m. Central Time on the Business Day of the Payment Initiation Date by calling the Bill Payment Customer Service Department at 920-564-2336. There is no charge for canceling or editing a Pending Payment. Cancellation orders sent to us via any other means will not be accepted. However, after 6:00 p.m. Central Time on the Payment Initiation Date, your Bill Payment transaction is considered to be "Completed". We will not commit to cancel a payment which is “Completed”. If you attempt to cancel or edit any Completed Payment Instruction, we will make a reasonable effort to accommodate your request and we will have no liability for failing to follow your instructions.

4. Delayed Processing  If you initiate a transaction and there are not sufficient available funds in your account, the transaction will not be processed. However, we will automatically review your account each Business Day thereafter and if we find that your account balance is large enough, we will process your transaction on that date. You will not be notified of the failure to process or of the delayed processing of your Payment Instruction.

5. Non-completion or Return of a Transaction  If we are unable to successfully complete and remit a Bill Payment transaction due to problems associated with your Payment Account or if a completed transaction is returned to us for any reason, such as incorrect Payee name or address, the only record you will receive will be your current account statement. You agree to be responsible for verifying the remittance and acceptance of each transaction. We will not send you any special notice that the transaction has not been completed or has been returned and, in such case, you agree:

• To pay any fees you incur resulting from the incomplete or returned transaction.
• To reimburse us for costs, if any, incurred by us
• To allow us to report facts concerning the transaction to a credit reporting agency.

6. Prohibited Payments to Certain Payees  We reserve the right, at our sole discretion, to refuse to complete any Payment Instruction you may submit. We will notify you promptly if we decide to refuse to pay any designated Payee. However, we prohibit certain bill payments and such notification is not required if your Payment Instruction attempts to make a prohibited bill payment under this Agreement. The following bill payments are prohibited:

• federal, state, or municipal tax payments
• court ordered payments
• payments to Payees outside the United States

7. Changes to Your Information  You agree to promptly notify us of any change of address or any other changes in the status of your Payment Account (other than changes in its balance). You may call us at 1-920-564-2336 or write to us at:

Oostburg State Bank
Attn: Internet Bill Payment Services
P.O. Box 700198
905 Center Avenue
Oostburg, WI 53070-0198

8. Disclaimer of Certain Liabilities  We will use our best efforts to complete your bill payments properly. However, we shall incur no liability if we are unable to complete any bill payments initiated through Payment Instructions because of the existence of any one or more of the following circumstances:

• Negligent use, disclosure, or loss of your Online Banking Payment Account password
• Insufficient funds in your Payment Account to complete the Bill Payment transaction
• Failure to follow our procedures for submitting Payment Instructions
• Incorrect or incomplete Payee information in your Payment Instruction
• Incorrect or improper Payment Instructions or other information submitted by you
• Delays or mishandling of your payment by the Payee
• Problems at our Bill Payment processing center that we have advised you about prior to the submission of your payment transaction
• Failure of your payment to be timely delivered due to circumstances beyond our control and we have taken reasonable precautions to avoid such circumstances

If we mishandle or incorrectly process your Payment Instruction or cause an incorrect payment to be removed from your Payment Account, then we will be responsible for correcting our mistake, remitting any misdirected transactions to the proper Payee and returning any improperly transferred funds to your Payment Account. Provided that you choose a Payment Initiation Date at least five (5) Business Days prior to the actual due date and we fail to remit your payment in accordance with our Agreement, then we will bear responsibility for any late charge you incur up to a maximum of $50.00. Otherwise, you will be responsible for paying all late charges or penalties incurred by you due to any late delivery of your payment.
The foregoing constitutes your exclusive remedy under this Agreement. In no event shall Oostburg State Bank, or its employees be liable for any direct, indirect, special, incidental, consequential, or punitive damages, whether claimed by you, any third party, or otherwise.

9. Amendment  We reserve the right, at our discretion, to amend the terms and conditions of this Agreement at any time upon reasonable advance notice to you by enclosing a notice of such changes in a statement we send to you or by posting notice of the changes on our Online Banking website. Your continued use of the Service after the effective date of any such amendment means you accept the terms of the amendment.

10. Termination  You may terminate this Agreement and your use of the Service at any time by notifying us in advance. We may terminate this Agreement and your use of the Service at any time by providing notice to you if you breach any of the terms and conditions of this Agreement or of your Payment Account. However, termination of this Agreement will not affect the rights and responsibilities of the parties for transactions initiated before termination.

11. Governing Law  You acknowledge and expressly agree that this Bill Payment Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, except only as may be superseded by or otherwise controlled under applicable federal banking regulations with respect to any action or proceeding to enforce any liability or obligation of this Agreement.

12. Agreement and Acknowledgment BY REQUESTING A PRINTED APPLICATION, YOU EXPRESSLY AGREE that you have carefully read the Online Banking Internet Bill Payment Agreement and agree that these terms and conditions will control the obligations of the parties for the delivery of services offered under this Agreement.

By applying for an Online Banking Bill Payment Account with Oostburg State Bank, I acknowledge that I have carefully read the Online Banking Internet Bill Payment Agreement and I affirm that Oostburg State Bank has answered any questions I have and has provided me with all of the information I require in order to submit my Application.

Oostburg State Bank Electronic Signature Act Disclosure

The federal Electronic Signature Act (E-Sign) allows us to offer electronic disclosures through our Online Banking website, provided that you have the right to choose whether or not you wish to accept them. Before you proceed, you must read the following important information concerning your rights and our obligations about electronic Internet disclosures and select your response from the available options.

1. Receiving Electronic Disclosures  Before you consent to receive electronic disclosures in connection with any Online Banking Internet service, you should have equipment that will accept and display Internet access using Internet Explorer 4.5 or greater or Netscape Navigator 4.5 or greater with a minimum of 128-bit strong encryption. If you need to upgrade your browser, you can download the required browser through connections available on our website.

2. Right to request written disclosures You have the right at any time to ask for and receive written copies of all disclosures that we are required to provide you in connection with this Internet banking activity. You may request a written copy of an electronic disclosure at any time and we will send you a copy of any disclosure without charge.

3. Limitation of your consent Your consent is limited solely to this Online Banking service. You will still have the right to require written disclosures for any other service we provide. You also have the right to withdraw your consent at any time and you will receive all future disclosures in writing along with information about any fees or conditions that may arise.

4. Procedures for withdrawing your consent In the event you decide to withdraw your consent to receive electronic disclosures, you must notify us in writing or by telephone which Online Banking service for which you require written disclosures and give us the address, we will mail our disclosures to you at the address currently on file in the bank's records for your particular service or services.

5. How to contact us If you decide to withdraw your consent to receive electronic disclosures, or wish to update personal information including your email address, or if you would like to receive a printed copy of any disclosure, contact us at:

     Oostburg State Bank
     Attn: Bill Payment Department
     P.O. Box 700198
     905 Center Avenue
     Oostburg, WI 53070-0198
     Telephone: 1-920-564-2336