Online Banking User Terms & Conditions

Park Bank Online Banking User Terms & Conditions
effective 1/1/2019

The following terms and conditions apply to the Park Bank’s Internet computer banking and automated bill payment service ("Online Banking").

In order for Online Banking to be available to you, you must request the service and the accounts that will be accessed and we must approve the service in connection with those accounts. This Agreement applies to all persons who are parties to the accounts (collectively “Customer”). Your receipt of this Agreement does not mean that the services are activated for you.

You are responsible for selecting all hardware and software and your Internet provider, and for any defect or malfunction, including interruption of Internet service.

Agreement
Federal law requires that we obtain your consent before providing the required online banking agreement and disclosures electronically. Your consent will apply only to this enrollment process.

You will need an up-to-date internet browser in order to receive your online banking agreement and disclosures electronically. You will also need access to a printer or the ability to download information in order to keep copies for your records.

If the internet browser you are using releases updated browser versions after you consent to receive electronic disclosures below, you may need to download the upgraded version of the corresponding browser in order to access and/or print the disclosures in the future. If this is the case, you will be directed to a site containing links to the appropriate browser download pages, where you will be able to download the updated version at no cost.

If you would prefer to receive paper copies free of charge after consenting, please contact us at info@parkbankonline.com or by phone at 800.359.5508. You may withdraw your consent to receive future disclosures at any time and at no cost to you by emailing us or contacting us by phone as described above. Such withdrawal will not affect the legal validity of the disclosures already provided.

By clicking on a link to access your online banking agreement and disclosures, you are agreeing to receive these documents electronically.

  1. Services Selected. The Customer understands that various current and future services are made available through Park Bank Online Banking. The terms and conditions for each service are set out in this Agreement. By entering into this Agreement and Park Bank Online Banking, the Customer is agreeing to the terms and conditions for each service, which it has selected.
  2. Communications
    • Hardware. The Customer is responsible for selecting any and all necessary hardware including, but not limited to, modems, analog lines, or PCs. The Customer acknowledges that Park Bank will not provide any hardware or recommendations for hardware. The Customer assumes full responsibility for any defect, malfunction, or interruption in service or security due to hardware failure.
    • Software. The Customer acknowledges that Park Bank will provide the software (the “Software”) necessary for use of Park Bank Online Banking upon application for the product and upon request. Park Bank agrees to provide the Customer with technical support for installation of said software. Such support will be available through documentation provided, by telephone or by e-mail. Park Bank reserves the right to limit the amount or duration of support at our sole discretion. In no event shall Park Bank be liable to Customer for any damages whatsoever (including computer failure or malfunction, loss of business information, loss of business profits, etc.) arising out of the use or inability to use the Software. Park Bank Online Banking is designed to work with these browsers and operating systems.
    • Internet Access. The Customer is responsible for selecting a means of accessing the Internet, via an Internet Service Provider and communications software, or by other means. The Customer acknowledges that Park Bank will not provide any Internet communications software or recommendations for an Internet Service Provider. The Customer assumes full responsibility for any defect, malfunction, or interruption in service or security due to its Internet communications software or Internet Service Provider.
  3. Risks of Using the Internet. The Customer understands and acknowledges that the Internet is an unsecured, unstable, unregulated, and unpredictable environment and that the ability to use Park Bank Online Banking is dependent upon the commercial or internal online service the Customer has chosen and is using, as well as the Internet and equipment, software, systems, data and services provided by various vendors and third parties (including telecommunications carriers, equipment manufacturers, firewall providers and encryption system providers). The Customer understands that, while Park Bank and its service providers have established certain security procedures, such as firewalls and data encryption designed to prevent unauthorized access to accounts or transactions of the Customer, there can be no assurance that inquiries or transaction activity will be completely secure, or that access to Park Bank Online Banking will be free from delays, malfunctions, or other inconveniences generally associated with this electronic medium. The Customer also understands that there may be times when access to Park Bank Online Banking is unavailable for transactions. The Customer understands and agrees that Park Bank, and its affiliates, are not responsible for any such delays or malfunctions, and are not responsible for the acts or omissions of third parties.
  4. Bill Payment. Eligible accounts for bill payment include Park Bank checking accounts only. Eligible accounts are limited to consumer accounts only. If no payment is made, either recurring or one time, a $5 inactivity fee will be assessed until the user returns to an active status or requests a discontinuation of the service. When using e-bills, the Customer authorizes Park Bank to use the User ID, Password and other personal information to access the Customer’s biller and set up an e-bill. Park Bank will keep these credentials confidential.
  5. User IDs and Passwords. The Customer using the User ID and Password (“Codes”) is responsible for creating and maintaining these Codes. The Customer will be required to use the Codes every time the Customer accesses Park Bank Online Banking. It is the Customer’s responsibility to maintain the confidentiality of the Customer’s Codes. The Customer agrees to accept full responsibility over the control of the Customer’s Codes. Park Bank will not be liable for any losses caused by improper or negligent maintenance of these Codes. The Customer agrees that Park Bank and its affiliates are not responsible for any actions or omissions of a third party as a result of unauthorized use of that Customer’s Codes. THE CUSTOMER UNDERSTANDS THAT STATE AND FEDERAL STATUTES MAKE IT A CRIME TO GAIN ACCESS INTO PARK BANK’S COMPUTER NETWORK AND THAT VIOLATORS WILL BE PROSECUTED.
  6. Online Banking Services. Depending upon the accounts that the Customer requested and that Park Bank has approved for the use of Online Banking in connection therewith, the Customer may use Online Banking to:
    • Transfer funds between checking and savings accounts (including accessing the Customer’s related line of credit with overdraft protection, if any, if no other funds are available in the Customer’s account), and between accounts the Customer may own at other financial institutions;
    • Receive deposit account information, including the account balance(s), and identification of recent deposits and withdrawals;
    • Instruct us to debit the Customer’s account for payments directed to third parties;
    • 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 and the remaining available credit.

      Park Bank is confident of this system’s ability to protect all transactions. However, this is not an invitation for people to attempt unauthorized access to the system. This is a private computing system, which is restricted to authorized individuals. Actual or attempted unauthorized use of this computer system will result in criminal and/or civil prosecution. We reserve the right to view, monitor and record activity on the system without notice or written permission. Any information obtained by Park Bank from monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the system. If the Customer is not an authorized user of this system or does not consent to continued monitoring, exit the system at this time.
  7. Charges. In the event your bill payment access is not accessed for sixty days a $5.00 monthly fee will be charged.
  8. Ownership; Termination. Park Bank may terminate the Customer’s privilege of using Online Banking at any time and may withhold approval of any transaction at any time.
  9. Online Banking Bill Payment Authorization. The Customer authorizes Park Bank or its authorized agent to make payments to payees as the Customer authorizes via Online Banking from time to time, and also authorizes Park Bank to post such payments to the Customer’s account. Daily bill payments may not exceed $25,000 per item and $25,000 per day.

    The Customer understands that Park 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. Park 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. Park 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 the Customer’s account.
  10. Prohibited Use of Online Banking. The Customer agrees that the following uses of the Online Banking are strictly prohibited. The Customer agrees to indemnify, hold harmless, and defend Park Bank from and against any and all claims, actions, suits, judgments and expenses (including court costs and actual attorneys’ fees, accountants’ and expert witnesses’ fees) at the Customer’s sole expense, arising from the Customer’s failure to abide by these restrictions on use of Online Banking.
    • 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 Online Banking 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 the Customer 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 e-mail.
    • Use of Online Banking in violation of any telecommunication, postal, or other local laws or regulations of the Customer’s country of origin or of the United States or in furtherance or in the commission of any crime or other unlawful or improper purpose.

      The Customer further agrees:
    • Transmission of confidential business and sensitive personal information is at Customer's sole risk.
    • Park Bank reserves the right to monitor and review transmissions of Online Banking and in storage, and to remove or reject any material, which Park Bank, at Park Bank’s sole discretion, believes may be unlawful or objectionable, without prior notice to the Customer.
  11. Waiver of Jury Trial. The Customer knowingly and voluntarily waives trial by jury in any action, proceeding, or claim arising out of these terms and conditions or any other agreement that the Customer has with Park Bank concerning Online Banking, and consents that any such action, proceeding, or claim shall be decided by trial to the court without a jury.
  12. Entire Agreement. These terms and conditions, together with any other agreement signed by the Customer and Park Bank represent the entire agreement between the parties and control and govern Online Banking. Notwithstanding the foregoing, Park Bank may change or amend the foregoing terms and conditions at any time and will provide written notice of such amendments not less than five (5) days prior to the effective date thereof. This notification may take the form of a disclosure: (a) mailed to your designated address, (b) inserted in your statement, (c) posted in our bank lobbies, or (d) provided in electronic form. If we send a notice electronically, we may provide such notice of amendment or change to you either (i) by e-mail at the e-mail address we have on record, (ii) by access to a website that we will identify in an e-mail notice we send to you at the time the information is available, or (iii) to the extent permissible by law, by access to a website that generally we will identify in advance for such purpose. Your continued use of Online Banking following the effective date of any change or amendment to these terms and conditions constitutes your consent to these terms and conditions and any change or amendment.
  13. Stopping Payment of Checks through Online Banking. Stop payment requests, as well as all other account activity initiated using Online Banking, shall be subject to the terms and conditions of your Rules for Deposit Accounts and any other rules or agreements referring to accounts, as modified by these Rules. We will send confirmation of the request on a form, which we will deliver to you. You must review the confirmation form and contact Park Bank immediately if the confirmation was made in error. Stop payment requests initiated using Online Banking shall be effective for six (6) months. Your stop payment request must include the exact information requested by Online Banking in order to be effective. You are responsible for all stop payment requests initiated through Online Banking, and we shall have no liability in connection with such activity. You cannot make a stop payment request in Park Bank Mobile.

For more information, please see Park Bank’s Account Rules & Regulations.

 

Electronic Funds Transfer (EFT) Disclosures

V.11.15.18

These disclosures are required to be made by Park Bank to each person who has authorized EFT transactions to their deposit “Accounts”. In order for any of the listed services to be available to you, you must request the service and the Accounts that will be accessed and we must approve the service in connection with those Accounts. Your receipt of this Agreement and disclosure does not mean that the services are activated for you. Please check with us if you have a question regarding your accounts, which services you have requested for your Accounts or which services we have approved for activation.

  1. LIST OF SERVICES. Unless a provision specifically references only one type of transaction, the following provisions apply to:
    • Access to your Accounts with us by an Automated Teller Machine (ATM) Card issued by us providing Account access through point-of-sale (POS) terminals and automated teller machines (ATMs) ("Terminals") at which the Card may be used;
    • Access to your Accounts with us by a Debit Card issued by us providing Account access through Terminals, merchants, and financial institutions which accept the Card;
    • Our 24-hour automatic Account access telephone service (“Telephone Service”);
    • Our personal online banking and automated bill payment service;
    • Mobile Banking Services (Park Mobile and Park Bank Mobile Business); and
    • Regular automatic funds transfers authorized by you to and from your Accounts with us; and
    • Visa® Account Updater automatically updates your debit card information at participating merchants where your card information has been saved. Please see section #12 Confidentiality for more information or if you’d like to opt out of this service.
    • The products and services to which this Agreement applies are collectively referred to in this Agreement as the “Services”. In this Agreement, unless a provision specifically indicates that it applies only to a certain “Card”, references to a Card are to all ATM Cards and Debit Cards issued to you by us. References to “you” and “your” refer to each party to the Account, and references to “us,” “we,” and “our” refer to the Bank.
  2. PERSONAL IDENTIFICATION NUMBERS. We will issue to you or you will select one or more personal identification numbers (“PIN”). You may receive more than one PIN, depending upon the number of Services you have requested, and the levels of security required in connection with a Service. You agree not to disclose the PIN to anyone other than those whom you wish to have access to your Accounts. If anyone uses your PIN with your permission, you will be responsible for any charges made to the Account. You agree to safeguard the PIN, not to record the PIN or otherwise disclose or make the PIN available to anyone other than an authorized user and to use the PIN in accordance with these instructions. We are authorized to provide information relating to your Accounts through the Telephone Service and to anyone accessing the Accounts and using the proper PIN.
  3. CUSTOMER LIABILITY FOR UNAUTHORIZED TRANSFERS. For Personal Accounts only: Tell us IMMEDIATELY if you believe your Card, PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Check, or other sources. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum related line of credit providing overdraft protection, if any). If you tell us within 2 business days after you learn of the loss or theft of your Card, PIN or Code, you can lose no more than $50 if someone used your Card, PIN or Code without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, PIN or Code, and we can prove we could have stopped someone from using your Card, PIN or Code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by Card, PIN, Code or other means, tell us AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods. For Cards linked to Business Accounts, you are liable for any and all unauthorized use of a Card, subject to zero liability provisions set forth below.

    Special Provisions for Card Transactions (Zero Liability protection) We use VISA branded Cards. VISA zero liability does not apply to certain ATM transactions, certain commercial transactions, PIN or other transactions not processed by VISA. You must notify us immediately of any unauthorized use and zero liability provisions do not apply where you were grossly negligent or fraudulent in the handling of your Account or Card or where you have given someone else your Card, Card number, or PIN. For Business Cards, these provisions do not apply if you delay reporting unauthorized transactions for more than 60 days from the mailing date of the first statement showing any unauthorized transactions.
  4. NOTIFICATION OF BANK We must be notified IMMEDIATELY if you:
    • believe your access Card or PIN number has been lost or stolen, or that someone has transferred or may transfer money from your Accounts without permission;
    • need to stop payment of a preauthorized transfer;
    • believe a statement or receipt is wrong;
    • need more information about a transfer listed on a statement or receipt.
    • To notify us, you should call us at (414) 466-8000 during our business hours. You may also write us at:
      PARK BANK
      EFT DEPARTMENT
      7540 W. CAPITOL DRIVE
      MILWAUKEE, WI 53216-1997
  5. BUSINESS DAYS. Business days are Monday through Friday, holidays are excluded.
  6. ACCOUNT ACCESS. You may use online banking to transfer funds between your Accounts (if you have requested and we have approved these Accounts). Depending upon the Accounts that you requested and that we have approved for use with our Telephone Service, you may use the Telephone Service to:
    • Transfer funds between your Accounts.
    • Receive deposit Account information, including the Account balance, and identification of the last 7 deposits and the last 10 withdrawals;
    • Determine the current interest paid to date and the previous year’s interest paid on your Accounts; and
    • Receive Account information regarding your line(s) of credit including balance information, pay-off information, and the remaining available credit.

      You may use your card or PIN to:
      • Transfer funds between your Accounts.
      • Receive deposit Account information, including the Account balance, and identification of the last 7 deposits and the last 10 withdrawals;
      • Determine the current interest paid to date and the previous year’s interest paid on your Accounts; and
      • Receive Account information regarding your line(s) of credit including balance information, pay-off information, and the remaining available credit.
  7. RIGHT TO RECEIVE DOCUMENTATION OF TRANSFER. A receipt may be issued each time you conduct a transaction to or from your Account at an ATM terminal, make a purchase through a POS terminal or make a purchase using a debit card. If you have arranged to have direct deposits made to your Account by the same person or company at least once every 60 days, you can call us at (414) 466-8000 during our business hours to find out whether or not the deposit has been made or call our automated Account access system (ReadyLine) 24 hours a day at (414) 466-8684. If you have an arrangement to have withdrawals that vary in amount made from your Account, the entity initiating the withdrawal is responsible for telling you the amount and date 10 days before each withdrawal. When your Account has a transaction during a month, we will send a statement to you. We do not have to produce a monthly statement if transactions have not occurred on your Account; however, we must produce a statement at least once every 3 months. Statements are not available via Park Bank Mobile.
  8. LIMITATIONS ON TRANSFERS
    • Using a Card and PIN at an ATM, you may make 3 cash withdrawals of up to $500.00 every 24 hours. Amounts may be restricted for new Accounts. As of 10/25/18, you will only be able to use your Debit Card at ATM terminals utilizing EMV (chip) technology. This limitation was put into place to protect against fraud.
    • Using a Card and PIN at a POS terminal, you may make 15 purchases of goods and services of up to $2,500.00 every 24 hours. Amounts may be restricted for new Accounts.
    • Using a Debit Card and PIN at an ATM (using the cash advance option), or your Debit Card (with the PIN) at a financial institution, you may get 1 cash advance withdrawal of up to $500.00 every 24 hours.
    • Using your Debit Card (without PIN), you may make 15 purchases of goods and services of up to $2,500 every 24 hours from merchants honoring your Card.
    • Under federal law, you are limited to 6 transfers, telephone transfers, checks, debit card, or other similar order payable to third parties from your Savings Account per month. For Money Market Accounts, you may make no more than 6 preauthorized withdrawals, automatic or telephone transfers, checks and debit card or other similar transactions from your Account per month or statement cycle. Activity in excess of these restrictions may be a reason for closing the Account, charging a fee and converting it to a non-interest bearing Account. On interest bearing Accounts we may, at any time, require 7 days prior written notice of your intent to withdraw funds from your Account.
    • External Transfers for Online Banking - In any one business day, you may transfer up to $3,000 to/from your Park Bank account from/to an account you maintain at another financial institution. In any calendar month, you may transfer up to $6,000 to/from your Park Bank account from/to an account you maintain at another financial institution. Any transfer appearing on the Scheduled External Transfers screen can be edited or deleted until 6:00 p.m. on the day it is scheduled to execute. External transfers are not available in Park Bank Mobile.
    • Internal Transfers - any transfer appearing on the Scheduled Transfers screen can be edited or deleted until the day of the transfer is scheduled to execute.
    • For security reasons, there may be other undisclosed limits on the amount and frequency of transfers you may make using the Services.
    • Bill Payment: Any pending Bill Payment can be edited or canceled via Online or Mobile Banking until 8:00 p.m. on the effective date (the date you schedule your payment to be debited from your account.
  9. 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 Accounts which are presented to us and to assess a service charge as is stated in our fee schedule. 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. 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. Any purchase or cash withdrawal made with a Debit Card may be subject to authorization by us or by a VISA authorization center and the transaction may be refused if the amount of all outstanding purchases and/or cash withdrawals will exceed your available balance or your applicable credit limit. Each time your Card is properly used to purchase goods or services you authorize us to debit or credit your Account (whichever is appropriate) for the total amount electronically transmitted or shown on any sales draft, withdrawal order or credit voucher originated by use of the Card, whether or not signed by you, and we are permitted to handle such sales drafts, withdrawal orders, and credit vouchers in the same way we handle checks drawn on your Account. The time required to charge or credit your Account after you use your Card will depend on the location of the terminal, the type of transaction, and the Card used.
  10. ELECTRONIC CHECK CONVERSION. You may authorize a merchant or other payee to make a one-time electronic payment from your checking Account using information from your check. You authorize us to debit your Account using the electronic funds transfer system run by the National Automated Clearing House (ACH) Network. These ACH entries to your Account include debit entries that are originated by payees that convert a check drawn by you on your Account into an ACH debit entry to your Account. Your Account may be debited on the day an item is presented by electronic or other means, or at an earlier time based on notification received by us that an item drawn on your Account has been deposited for collection in another financial institution.
  11. BANK’S LIABILITY FOR FAILURE TO MAKE TRANSFER. If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement with you, we may be liable for certain losses or damages. However, there are some exceptions. We will not be liable under certain circumstances, including but not limited to the following:
    • if you have not properly followed the Park Bank Online or Mobile banking instructions.
    • if your hardware, software or Internet service is not installed or functioning properly.
    • if through no fault of ours, you do not have enough money in your Account to make the transfer.
    • if the money in your account is subject to legal process or other encumbrances restricting the transaction.
    • if the transfer is greater than the available credit on your Overdraft Protection Line of Credit (ODP).
    • if the automated teller machine (ATM) where you are making the transfer does not have enough cash.
    • if you knew prior to starting a transaction that the electronic funds transfer (EFT) system or terminal was not functioning properly.
    • if incomplete or inaccurate information is forwarded by the Treasury or through an automated clearing house (ACH).
    • if a transaction is not initiated in time for Park Bank to complete it as agreed, as otherwise provided in Park Bank’s agreements with you, or by federal regulation.
    • if circumstances, beyond our control (for example, force majeure, act of God, fire, loss of power, or flood) prevent the transfer despite reasonable precautions that we have taken.
    • For any computer failure or acts, omission, or delays by any carrier, agent, or other third party operating between Park Bank and you or any other course beyond Park Bank’s control.
    • There may be other exceptions to our liability. if through no fault of ours, you do not have enough money in your Account to make the transfer;

      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 OUR ACTS OR OMISSIONS OR YOUR USE OF OUR SOFTWARE OR SERVICES.
  12. CONFIDENTIALITY. We may disclose information about your personal Account or transactions on your Account to third parties under certain circumstances including, but not limited to, the following:
    • Where it is necessary for completing, investigating, reporting, or tracing transactions 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;
    • To comply with court orders, subpoenas, summonses, search warrants or requests from governmental agencies, unless we are prohibited by law from making such a disclosure;
    • With your consent;
    • Where it is required by law to disclose information;
    • Otherwise in accordance with our privacy statement (i.e., the “Privacy Notice.”)

      As an issuer of Visa branded debit cards, Park Bank is required to participate in the Visa Account Updater (VAU) program. This means that we will forward updated payment information on your debit Card (such as new card numbers or expirations dates) to participating billers and merchants with your account on file. If your card is re-issued, you may not have to update your payment information with every biller and merchant where you have it saved. Not all merchants participate in automatic updates however and updates (of your payment information) are not guaranteed before the next billing cycle. If you want to opt out of this service, you may contact us at 414-466-8000 and request that your updated debit card information not be shared with participating billers and merchants.

      You authorize us to comply with or respond to any court order, process, subpoena, summons, search warrant, garnishment, attachment, injunction, execution, reclamation, levy, lien, notice, or request of any kind (“Process”) received by or served upon us, by which, in our opinion, another person or entity claims an interest in your Account. We may at our option and without liability, refuse to honor orders to pay or withdraw sums from your Account and may hold the balance in the Account until the Process is disposed of to our satisfaction. We may pay any balance to the proper authorities. Notice of the Process will be provided to you only when required by law.

      Without limiting other confidentiality and nondisclosure provisions in in this Agreement, you shall hold all nonpublic information obtained pursuant to this Agreement in accordance with your and our customary and commercially reasonable procedures for handling highly confidential information and in accordance with any applicable laws, regulations and regulatory guidelines and will only use such information in connection with the services provided pursuant to this Agreement, and in any event may only disclose any such information to the extent required by law (including statute, rule, regulation or judicial process), unless you obtain our prior written consent.
  13. FEES AND CHARGES. You will be responsible at all times for the charges, if any, ordinarily associated with your Account, including additional EFT fees as described in our Account and service fee schedules. Changes to fees will be effective after you are notified in accordance with federal or Wisconsin law.
  14. FOREIGN TRANSACTIONS. If your Debit Card is used to effect a transaction in a foreign currency, the transaction amount will be converted to U.S. Dollars using either the government-mandated exchange rate or the wholesale exchange rate in effect one day before the date of the conversion, as applicable. The exchange rate is increased by one percent (1%) if the conversion is made in connection with a charge to an Account or decreased by one percent (1%) if the conversion is made in connection with a credit to an Account. The date of conversion by VISA may differ from the purchase date and the posting date identified in the monthly statement of your Account. You agree to pay all charges and accept credits for the converted transaction amounts in accordance with the terms of this Agreement.
  15. STOP PAYMENT OF PREAUTHORIZED ELECTRONIC TRANSFERS
    • Right to and Procedure for Stop Payments. 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 listed below) in time for us to receive your request at least 3 business days or more before the payment is scheduled to be made. You will be charged for each stop payment order you give. If you initiated a payment or a transfer via online or mobile banking, you may edit or cancel that payment via the same channel. For limitations on the types of transactions initiated via Online Banking, please see section 8.
    • 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.
    • Notice of Change in Scheduled Debiting Date. If there is a change to the scheduled date of these regular payments, the person you are going to pay will notify you, 7 days prior to the new scheduled date of the payment, the new date on which the payment will be made.
    • 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.
  16. OWNERSHIP & TERMINATION. The Card remains our property and shall be surrendered by you upon our request. We may terminate your privilege of using the Card at any time and may withhold approval of any transaction at any time.
  17. ERROR RESOLUTION. In case of errors or questions about your electronic funds transfers (EFT), telephone or write us as soon as you can at:

    PARK BANK
    EFT DEPARTMENT
    7540 W. CAPITOL DRIVE
    MILWAUKEE, WI 53216-1997
    (414) 466-8000

    For Personal Accounts only - 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.

    1. Tell us your name and Account number.
    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 tell you the results of our investigation 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. For errors involving new Accounts, POS, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

For Business Accounts: You should monitor your account(s) daily for unauthorized electronic funds transfers. You must tell us as soon as possible if you identify an error. Per NACHA Operating Rules: incorrect ACH entries must be returned within 2 business days. If an ACH item cannot be returned within this timeframe, you may be fully liable for any loss that occurs. Wire transfers and other services not specifically described in this disclosure are governed by separate agreements.

IMPORTANT: If you have an overdraft protection line of credit, you should refer to the Overdraft Consumer Credit Agreement, which gives important information regarding your rights and responsibilities relating to any transactions which result in overdrafts to your Account.