In order for Online Banking and Bill Payment services to be available to you, request the accounts that you want to access.   Your receipt of this Agreement does not mean that the services are activated for you.  Johnson Bank must approve the Online Banking and Bill Payment services in connection to those accounts requested.   Please check with a Johnson Bank representative to determine which services you requested and which services have been approved for activation.
You are responsible for selecting all hardware and software and your Internet provider, and for any defect or malfunction, including interruption of Internet service.

PERSONAL SECURITY CODE.  We will issue to you or you will select one or more security codes, login identifiers, and password identifiers, hereinafter known as Personal Security Codes (“PSC”).  You may receive more than one PSC, depending on the number of services you have requested, and the levels of security required in connection with a service.

You agree not to disclose the PSC to anyone other than those whom you wish to have access to your accounts.  If anyone uses your PSC with your permission, you will be responsible for any charges made to the account.  You agree to safely keep the PSC, not to record the PSC or otherwise disclose or make the PSC available to anyone other than an authorized user and to use the PSC in accordance with these instructions.  We are authorized to provide information relating to your accounts through the Telephone Service and Online Banking Service to anyone accessing the accounts and using the proper PSC.
Tell us AT ONCE if you believe that your PSC, a Card, or other access device is lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check.  Telephoning is the best way of keeping your possible losses down.  You could lose all the money in your accounts (plus your maximum related line of credit providing overdraft protection, if any).

UNAUTHORIZED USE.  If someone uses your Online Banking Service or the Telephone Service and your PSC without your permission, you can lose no more than $50.00 if you tell us within two business days.  If you DO NOT tell us within two business days after you learn of the loss or theft of your PSC, and we can prove we could have stopped someone from using your PSC without your permission if you had told us, you could lose as much as $500.00.

If you do not tell us about an unauthorized transaction within 60 days of the date we mail a periodic statement, you may not get any money you lose after the 60 days if we can demonstrate that we could have prevented the loss of money if we were aware of the situation in a timely manner. We may extend this time period due to extenuating circumstances (example – medical emergencies or extended trips).
If you believe your PSC or access device has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call the bank, or write to us at the address or phone number listed at the end of this disclosure.
If you are a business other than an individual, and your account is for other than personal, family or household purposes, you are liable for any and all unauthorized use of a Card, the Telephone Service, or the Online Banking Service.

BUSINESS DAYS.  Our business days are Monday through Friday.  Federal holidays are not included.

ACCOUNT ACCESS.  With your approved account online access, you may use your Online Banking Service to:

• transfer funds between your checking and savings accounts (including accessing your related line of credit with overdraft protection, if any, if no other funds are available in your account);
• receive deposit account information, including the account balance, and identification of your recent transactions;
• determine the current interest paid to date and the previous year’s interest paid on your accounts;
• receive account information regarding your line(s) of credit including balance information, pay-off information, and the remaining available credit; and
• instruct us to debit your account for payments directed to third parties.

LIMITATIONS ON TRANSFERS.  Under federal regulation, you may make no more than six (6) preauthorized, automatic or telephone transfers per month from each of your savings and money market deposit accounts; three (3) of the six (6) may be check.  Each Bill Payment or funds transfer initiated through the Online Banking Service from your savings or money market deposit account is counted as one of the six transfers you are permitted to make each month.

CHARGES.  If you do not maintain the required balances or you exceed the number of allowed transactions at no charge for your deposit account, as stated with the fee schedule for the account to which the Card is tied to, you will be charged for each use of the Card and PSC when making cash withdrawals or purchases (including cash back transactions) at a Terminal as follows:

• For Classic Checking accounts. $.50 for all transactions conducted at any Terminal.
• For Premier Checking accounts. $.35 for On Us (our) transactions and $.75 for transactions conducted at Terminals not operated by us.
• For Classic Savings accounts, $2.00 for all transactions conducted at any Terminal.
• For Relationship Savings accounts, $1.00 for all transactions conducted at any Terminal.
• For Classic Money Market accounts, $5.00 for all transactions conducted at any Terminal.
• For Premier Money Market accounts, $15.00 for all transactions conducted at any Terminal.

There is no charge for basic Online Banking Service or Bill Payment for consumers.  Small business accounts can use the Online Banking Service for a $6.00 per month fee to view accounts and an additional $3.95 per month to pay bills online.

RECORDS
Periodic Statements.  Unless the only type of electronic transfer that you receive is a preauthorized deposit to your savings account, you will get a monthly account statement.  Your regular monthly account statement will reflect each transaction, purchase, and cash withdrawal charged to your account and each credit applied to your account during the monthly account cycle, and the related fee if any.  If there are no transactions in a particular month, you will get a statement at least quarterly.

Our Liability.  If we do not complete a transaction to or from your account in accordance with the terms and conditions of the account in the correct amount or in a timely manner when properly instructed to do so by you, Johnson Bank will be liable for damages proximately caused.  There are exceptions, where Johnson Bank will not be liable, instances include the following:

• If you have not properly followed the Online Banking Service instructions.
• If your hardware, software, or Internet service is not installed or functioning properly.
• If through no fault of ours, your account does not contain enough money to execute the transaction.
• If the money in your account is subject to legal process or other encumbrances restricting the transaction.
• If the transaction would exceed the credit limit on your related line of credit account, if any.
• In the case of a technical malfunction known to you at the time you attempt to execute the transaction.
• If circumstances beyond our control (for example, fire, loss of power, or flood) prevent the transfer despite reasonable precautions that we have taken.
• If a transaction is not initiated in time for us to complete it as agreed, as otherwise provided in our agreements with you, or by federal regulation.
• If incomplete or inaccurate information is forwarded by the U.S. Treasury or through an Automated Clearing House.
• For any computer failure or acts or delays by any carrier, agent or other third party operating between us and you, or any other cause beyond our control.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, ARISING IN ANY WAY OUT OF THE USE OF THESE SERVICES.

DISCLOSURE OF INFORMATION.  We may disclose information about your account or transactions on your account: (a) to other recipients of combined account statements; (b) to third parties where it is necessary for completing or tracing transactions or resolving errors or claims; (c) to verify the existence and condition of your account for third parties, such as credit bureaus, merchants and other financial institutions; (d) pursuant to court orders and other legal process; (e) to governmental agencies or authorities in response to subpoenas, summonses, search warrants or other requests, including requests pursuant to state or federal law for the collection of court-ordered child support obligations, unless prohibited by law from making such a disclosure; (f) to others of your consent or where required by law to disclose such information; and (g) to our affiliates.

You authorize us to obtain credit information on you at any time prior to our agreement to provide a service or during the time you are using a service.

WITHDRAWALS, PURCHASES, TRANSFERS, CASH ADVANCES.  Each payment instruction, withdrawal or transfer from an account is an order to us to pay from that account, which we may charge against the account even though the charge creates an overdraft.  You agree to maintain sufficient funds in your account to pay in full the amount of any withdrawals, transfers or other instructions for payment out of an account.  Whenever your account is overdrawn, we have the right to return unpaid any checks or other orders on your account which are presented to us and to assess a service charge of $32.00 for making such return.  If you overdraw your account, each of you agrees, jointly and severally, to immediately pay us the overdrawn amount, together with any applicable service charge, and we have the right to charge all or part of the deficiency to any account you may have with us or use any other collection remedy.  We are authorized to charge such amounts against any account you maintain with us.  If the account is maintained in connection with a line of credit, any overdraft will be made in accordance with the agreement or rules governing that account.  You should refer to your line of credit agreement for important information regarding advances of that line of credit.

OWNERSHIP; TERMINATION.  We may terminate your privilege of using the Online Banking Service at any time and may withhold approval of any transaction at any time.  If you discontinue use of the Online Banking Service you will notify us in writing no less than 10 days prior to the effective date.

AMENDMENTS.  This Agreement may be amended by us at any time, subject to any applicable requirements of law regarding prior notice, effective upon the date indicated in the notice.

STOPPING PAYMENT OF PREAUTHORIZED RECURRING TRANSFERS

• Right to and Procedure for Doing So.  If you have told us in advance to make regular payments out of your account, you can stop any of these payments.  Here is how:

Call us or write us at the Bank (see address and phone number at the end of this section) in time for us to receive your request 3 business days or more before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.  You will be charged $30.00 for each stop payment order you give.  You CANNOT stop payment of or revoke a preauthorized transfer through the Online Banking Service.

• Notice of Varying Amounts.  If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be.  You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

• Liability for Failure to Stop Payment of Preauthorized Transfers.  If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages; however, we may be able to enforce someone else’s rights against you for the payment.

DISPUTES.  In the event of a dispute regarding the service, Johnson Bank and you agree to resolve the dispute by looking to this Agreement.  You agree that these terms and conditions are the complete and exclusive statement of the agreement between Johnson Bank and yourself which supersede any proposal or prior agreement, oral or written, and any other communication between Johnson Bank and yourself relating to the subject matter of these terms and conditions.  In case of conflicting communication between a Johnson Bank associate and this Agreement, this Agreement shall prevail.

OTHER AGREEMENTS.  This Agreement incorporates by this reference all other agreements between Johnson Bank and yourself relating to your accounts, including the Deposit Account Disclosures and Agreement.  To the extent of any inconsistency, this Agreement shall govern and prevail.

AGREEMENTS RELATING ONLY TO ONLINE BANKING SERVICES

Bill Payment Instructions.  For the bill payment service, you agree to choose a payment date, not less that 5 business days before the actual due date without taking into account any grace period and subject to U.S. postal delivery.  You agree to provide correct payee name, address, account information and payment amount.  Each time you create an instruction for payment, you authorize us to debit your account for the total amount transmitted.  You agree to maintain sufficient funds in the account on the transaction payment date requested to pay in full the amount of the transaction. Online Banking Service may not be used to transmit alimony, child support or other court-directed payments, tax payments, or payments sent out of the United States, and Online Banking Service may refuse to pay any other person or entity to whom you direct a payment.  You will receive notification of any such refusal.

Online Banking Bill Payment Authorization. You authorize Johnson Bank or its authorized agent to make payments to payees as you authorize by Online Banking Service from time to time, and also authorize Johnson Bank to post such payments to your account.  There are Bill Payment transaction limits.  Individual transactions may not exceed $9,999.99.  Aggregate daily transactions may not exceed $19,999.99.

• You understand that Johnson Bank or its authorized agent will use reasonable efforts to ensure payments reach payees on time, but cannot guarantee the time a payment will be received/posted by a payee.  Johnson Bank or its authorized agent will use reasonable efforts in ensuring payees reverse any service fee or late charge that is related to payment process error.  Johnson Bank or its authorized agent will not be responsible for any loss or penalty that may be incurred due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account.

Prohibited Use of Online Banking Service.  You agree that the following uses of the Online Banking Service are strictly prohibited.  You agree to indemnify, hold harmless, and defend us from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by these restrictions on use of the Online Banking Service.

• Use of the Online Banking Service for wire transfers of funds.
• Unauthorized communication of any charge or credit card information belonging to any other person or entity.
• Unauthorized communication of any information concerning any PSC, password or other online access number, code or identification or any other proprietary information belonging to any other person or entity.
• Use of the Online Banking Service to copy or to distribute or transmit copies of copyrighted materials belonging to any other person or entity is permitted only to the extent that the owner has provided express permission to you permitting such activity.  Copying or distributing or transmitting copyrighted materials other than with permission as specified above is expressly prohibited.
• Communicating any obscene or defamatory information including but not limited to on bulletin boards or in conjunction with conferences or email.
• Use of the Online Banking Service in violation of any telecommunication, postal, or other local laws or regulations of your country of origin or of the United States or in furtherance or in the commission of any crime or other unlawful or improper purpose.

You further agree:

• Transmission of confidential business and sensitive personal information is at Customer’s sole risk.
• We reserve the right to monitor and review transmissions online and in storage, and to remove or reject any material which we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to you.

EXCLUSION OF WARRANTIES.  JOHNSON BANK AND OUR SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE ONLINE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NEITHER JOHNSON BANK NOR OUR SUPPLIERS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE ONLINE BANKING SERVICE ASSUME ANY RESPONSIBILITIES WITH RESPECT TO YOUR USE OF ONLINE BANKING SERVICE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR SUPPLIERS OR ANY OF THEIR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

IN NO EVENT WILL JOHNSON BANK OR OUR SUPPLIERS WILL BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES, INCLUDING LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF ARISING IN ANY WAY OUT OF THE USE OF THE ONLINE BANKING SERVICE.  SUBJECT TO LIMITATIONS IMPOSED BY LAW FOR CONSUMER ACCOUNTS, IN NO EVENT SHALL OUR LIABILITY FOR DAMAGES, REGARDLESS OF CAUSE OR FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE, DEFAMATION, AND/OR PRIVACY ACTIONS), EXCEED THE GREATER OF (1) YOUR INVOICE VALUE OF ONLINE BANKING SERVICES USAGE FOR THE MONTH DURING WHICH THE CAUSE OF ACTION ACCRUED, OR (2) ONE HUNDRED U.S. DOLLARS (U.S. $100).  THE FOREGOING CONSTITUTES OUR SOLE AND EXCLUSIVE LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE ONLINE BANKING SERVICE.
Any cause of action concerning the Online Banking Service under this Agreement must be commenced within one year after such cause of action has accrued.

In Case of Errors or Questions

Telephone us at:
1.888.769.3796
or Write us at:
Johnson Bank
EFT Department
P.O. Box 787
Kenosha, WI 53141
As soon as you can, if you think your statement or receipt is incorrect 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.

• 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 question in writing within 10 business days.
We will determine whether an error occurred within 10 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.
If the error involves an electronic transfer from your account to buy goods or services, or a transfer initiated outside of the United States or a transfer that occurred within 30 days after the first deposit to the account was made, the time period for investigation of an alleged error will be 90 days in place of 45 days. 
We will tell you the results within 3 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.