FARMERS & MERCHANTS BANK OF KENDALL

INTERNET BANKING SERVICES AGREEMENT

Please carefully read this Internet Banking Services Agreement for the use of Internet Banking and related services provided by Farmers & Merchants Bank of Kendall.  By clicking the “I Accept” button, you agree to the terms and conditions of this Agreement including your consent to future amendments of the Agreement.  If you do not agree to these terms and conditions, click “I Decline” and you will return to our home page.

The terms and conditions of the deposit agreements and disclosures for each of your bank accounts as well as your other agreements with this bank, such as loans, continue to apply.

Please keep a copy for your records.

I.  INTRODUCTION

This Internet Banking Services Agreement ("Internet Banking Agreement") explains the terms and conditions governing the Internet Banking Services offered through Farmers & Merchants Bank of Kendall.  You should read this Internet Banking Agreement and the related information provided by the Bank prior to using Internet Banking.  By using the Internet Banking Services you agree to abide by the terms and conditions of this Internet Banking Agreement.  The terms "we," "us," "our," and "Bank" refer to Farmers & Merchants Bank of Kendall.  The words "you", "your", and "yours" mean each account owner, authorized account signer, and anyone authorized to act on behalf of an account holder.  You agree that the Bank may provide any notices required by law or by this Agreement in electronic form if we choose to do so.

The Farmers & Merchants Bank of Kendall reserves the right to refuse to open an account or deny customers the ability to access Internet Banking, to limit access or transactions or to revoke a customer’s access to Internet Banking without advance notice to the customer.

II. ACCESSING YOUR BANK ACCOUNTS THROUGH INTERNET BANKING

You can access your Farmers & Merchants Bank of Kendall accounts through Internet Banking.  Each of your accounts at the Bank is also governed by your Deposit Account Rules, Funds Availability Act Disclosure, Electronic Funds Transfer Act Disclosure and related account agreements.

A.  REQUIREMENTS

To access your personal and/or business accounts through Internet Banking, you must have an eligible Bank account (listed below), a User ID, and an Internet Banking Password.  Farmers & Merchants Bank of Kendall accounts accessible through Internet Banking include:  Checking Accounts, Savings Accounts, Certificates of Deposit, Loans, and Safe Deposit Boxes.

B.  FEES

There are no monthly fees for accessing your account(s) through Internet Banking.  Certain fees may apply to services ordered online.  PLEASE NOTE THAT FEES FOR INTERNET ACCESS WILL BE ACCESSED AND BILLED SEPARATELY BY YOUR INTERNET SERVICE PROVIDER.

C.  BANK MAIL

Sending bank mail through Internet Banking is a way to communicate with the bank.  Internet Banking has provided bank mail capabilities for you to ask questions about your account(s) or to provide us comments on your banking service.  This bank mail capability is accessible after you sign on with your password to a secure session with Internet Banking.  Despite our best efforts, messages sent by bank mail may not be secure, may be intercepted by third parties and may not be immediately received by the appropriate department of Farmers & Merchants Bank of Kendall.  Please do not use bank mail to send us communications which contain confidential information, which we require in writing or which need our immediate attention.  An Internet record that a bank mail has been "sent" or "received" is not verification that the bank mail has been received by Farmers & Merchants Bank of Kendall.  You cannot use bank mail to initiate transactions on your account(s).  For banking transactions, please use the appropriate functions within Internet Banking or call the Farmers & Merchants Bank of Kendall Operations Department at (608) 463-7101.

D.  NEW SERVICES

The Bank may, from time to time, introduce new Internet Banking services.  We shall update this Internet Banking Service Agreement to notify you of these new services.  By using these services when they become available, you agree to be bound by the rules contained in this Agreement.

III. TERMS AND CONDITIONS

The first time you or someone authorized by you on your behalf, access your Bank accounts through Internet Banking the system confirms your agreement to be bound by all the terms and conditions of this Internet Banking Agreement and acknowledges your receipt and understanding of this disclosure.

A.  YOUR INTERNET BANKING PASSWORD

To enroll in Internet Banking, you must complete the Internet Banking Application and submit it to the bank in person, by mail, or by fax, or contact the bank by phone to receive the required documents.  Upon receipt of the Internet Banking Application and a signed acceptance of the required Agreements, a User ID and Password will be generated to gain access to your bank accounts through Internet Banking.  You will be prompted to change this temporary User ID and Password the first time you log in.  We are entitled to act on instructions received under your password.  For security purposes, it is recommended that you memorize this Internet Banking Password and do not write it down.  You are responsible for keeping your password and account data confidential.

B.  COMPUTER REQUIREMENTS

To use Internet Banking Services, you must have your own Internet Service Provider and the necessary computer equipment required by the browser (the latest version of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome or Safari for MAC systems with 128-bit encryption) which you select.  The browser you select must support JavaScript and must have cookies enabled.  You are responsible for the selection, installation, maintenance, and operation of your computer and software.  Your computer system may include other financial services software which is not associated with the Bank and the Bank is not responsible for them.

C.  LIABILITY

Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither the service providers nor the Bank shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, the Bank, or by Internet browser providers, or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing.  Nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, or Internet browser or access software even if we have been advised of the possibility of such damages.  We are not responsible for any computer virus or related problems that may occur with your use of our Internet Banking Services.  WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO AN IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE MADE AVAILABLE TO YOU.

D.  BUSINESS DAYS

Our business days are Monday through Friday, excluding Saturdays, Sundays and our bank’s holidays, even if the Bank or any branch is open all or part of such days.

E.  HOURS OF ACCESSIBILITY

You can access your Bank accounts through Internet Banking 24 hours a day, seven days a week.  However, at certain times, some or all of the Internet Banking features may not be available due to system maintenance.  A transfer initiated through Internet Banking before 3:00 P.M. (Central Time) on a business day is posted to your account the same day.  All transfers completed after 3:00 P.M. (Central Time) on a business day or on a Saturday, Sunday, or on our bank’s holiday will be posted on the next business day.

F.  ADDITIONAL TERMS AND CONDITIONS

1.  Obtaining Account Balance and Transaction History - You can obtain balance and transaction history on all eligible accounts that are enrolled in Internet Banking.  See Section II for specific accounts accessible through Internet Banking.  Account balance and transaction history reflects activity through the close of the previous business day.

2.  Transferring Funds - You may make transfers between your eligible accounts.  You may transfer amounts up to the available balance in your account(s), however the number of transfers from savings accounts may be limited as described in the applicable Deposit Account Rules.  No transfers may be made from an account that requires two or more signatures.  Transfers cannot be made from Certificates of Deposit.  Although most transfers will be processed on the same business day if received prior to 3:00 P.M. (Central Time), some transfers may require off-line processing and are subject to available balance verification.  The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security reasons.

Federal law limits preauthorized and automatic transfers and withdrawals (including telephone transfers) and transfers and withdrawals by check, draft, debit card or similar order to third parties from savings and money market accounts to 6 per month.  Activity in excess of applicable restrictions may be grounds for closing an account or removing an account’s transaction and check privileges. Each fund transfer through Internet Banking from your savings 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 accounts.) For security reasons, we also reserve the right to place additional limitations on the number of withdrawals or debits to the accounts.

We will not be liable for a failure to complete a transfer:

 - If a hold has been placed on deposits made to an account from which you wish to transfer funds.  You cannot transfer the portion of the funds held until the hold expires.

 - If the money in your account is subject to a legal process or any other encumbrance or claim restricting the transfer.

 - If there are insufficient funds in your account, or the transfer would exceed the credit limit or any overdraft line you have with us.  In those instances, we may decline to complete the transfer.

 - If the system, computer or telephone was not working properly and you knew about the problem when you requested the transfer.

 - If circumstances beyond our control such as fire, flood, computer breakdown or problems with the telephone line prevent the transfer despite reasonable precautions we have taken.

 - If you have not properly followed the software manufacturer's recommendations or Internet Banking Services instruction on how to make a transfer.

 - If a transfer could not be completed due to systems unavailability.

 - If incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse.

 - 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 the Internet Banking Service, including, without limitation, your inability to access Internet Banking Service or any part of Internet Banking Service.

 - For a failure to provide access or for interruptions in access to the Internet Banking Service due to Internet Service 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 IS TRANSFERRING FUNDS TO CORRECT THE ERROR, BUT IN NO CASE WILL THE BANK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO INTERNET SERVICE.

3.  Overdrafts.  When you schedule a funds transfer using the 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 that 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 overdraft fee.  If the account is maintained in connection with an overdraft protection plan, any overdraft will be made in accordance with the agreement or rules governing that account rather than this Agreement.

IV. GENERAL TERMS

A. CHANGES TO CHARGES, FEES OR OTHER TERMS

We reserve the right to change the charges, fees or other terms described in this Internet Banking Agreement.  When changes are made to any fees, charges, or other material terms we will update this Internet Banking Agreement, and either send a notice to you at the address shown on our records, or send you an electronic mail message through Internet Banking (Bank mail).  The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system.  If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change.  As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate.  We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.  Changes to fees applicable to specific accounts are governed by the applicable Deposit Account Rules and Bank Charges.

B.  OTHER AGREEMENTS

In addition to this Internet Banking Agreement you agree to be bound by and will comply with the requirements of the applicable Deposit Account Rules including your signature card and any change of terms notices, the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the bank belongs, the terms of any credit agreements you have with the Bank and all applicable state and federal laws and regulations.  We also agree to be bound by these terms.

C.  TERMINATION OF THIS AGREEMENT

Either you or we may terminate this Internet Banking Agreement at any time upon giving notice of the termination to the other party.  For good reason, including non-usage or inactivity, the Bank reserves the right to terminate this Internet Banking Agreement and your access to Internet Banking Services, in whole or in part, at any time without prior notices to you.  Upon termination, we reserve the right to make no further payments or transfers from your account(s), including payments or transfers you have previously authorized.  If you terminate your Internet Banking Services, you authorize the Bank to continue making transfers you have previously authorized until such time as the Bank has had a reasonable opportunity to act upon your termination notice.  You agree that upon termination of your Internet Banking Services, either by you or by us, you will cancel all automatic or recurring transfers you have previously authorized, and that if you fail to do so, you are responsible for such payments.

D.  THIRD PARTIES

You understand that support and services relating to Internet Banking Service are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.

E.  GOVERNING LAW

This Internet Banking Agreement will be governed by and interpreted in accordance with all applicable federal and state laws and regulations.  To the extent there is no applicable federal law or regulation, this Internet Banking Agreement will be governed by and interpreted in accordance with the laws of the State of Wisconsin.

F.  SEVERABILITY

In the event any provision of these terms is held unenforceable, it will not affect the validity or enforceability of other provisions of this Internet Banking Agreement.  The unenforceable provision will be replaced either by another enforceable provision contained either within this Internet Banking Agreement or other related Banking agreement, or by an enforceable provision at law which most closely reflects the intention of the unenforceable provision.

G.  RECORDING AND RETENTION OF INFORMATION

You agree that we may record the information and electronic messages you enter through your use of the Internet Banking Services.  You also agree that all information submitted by you will become the property of the Bank.

V.  PROTECTING YOUR ACCOUNT

A.  PREVENTING MISUSE OF YOUR ACCOUNT

1.  Periodic Statements - Your role is extremely important in the prevention of any wrongful use of your account.  You will receive a periodic statement for your accounts as described in the Deposit Account Rules.  This statement will include all transactions posted through your use of the Internet Banking Services.  You must promptly examine your statement upon receipt.  If you find that your records and ours disagree, you must immediately call Farmers & Merchants Bank of Kendall Operations Department at (608) 463-7101.

2.  Protecting Personal Information - In addition to protecting your account information, you must take precautions to protect your personal identification information, such as your driver's license, Social Security Number, User ID, etc.  This information, by itself or together with information on your account, may allow unauthorized access to your account(s).  It is your responsibility to protect personal information with the same level of care that you protect your account information.

3.  Taking Care of Your Internet Banking Password - The password that is used to gain access to Internet Banking Services should be kept confidential.  For your protection, you are required to change your internet banking password every (182) days.  We recommend that you memorize this internet banking password and do not write it down.  You are responsible for keeping your password, User ID, account number and other account data confidential.  YOU HEREBY AUTHORIZE US TO ACCEPT INSTRUCTIONS FROM ANYONE USING YOUR PASSWORD.  WE SHALL HAVE NO LIABILITY FOR RESULTING DAMAGES WHEN THE PASSWORD HAS BEEN USED TO ACCESS THE INTERNET BANKING SERVICES.  IF YOU BELIEVE THAT YOUR INTERNET BANKING PASSWORD MAY HAVE BEEN LOST OR STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR ACCOUNT WITHOUT YOUR PERMISSION, YOU AGREE TO NOTIFY FARMERS & MERCHANTS BANK OF KENDALL AT (608) 463-7101 IMMEDIATELY.  The Bank may cancel your password at any time if necessary to maintain the security of your accounts.

4.  Inactive Accounts - Only customers who are signed up for Internet Banking will be able to access their accounts online.  If you are signed up for Internet Banking, have previously logged in and do not use the internet banking accounts for a period of twelve months, Farmers & Merchants Bank of Kendall reserves the right to remove Internet Banking access to help increase the security of this service.  If you are signed up for Internet Banking and have never logged in to access your internet banking accounts for a period of six months, Farmers & Merchants Bank of Kendall reserves the right to remove Internet Banking access to help increase the security of this service.

B.  CONSUMER LIABILITY

Only reveal your account number to a legitimate entity for a purpose you authorize (such as your insurance company for automatic payments).  Notify us at once if you believe another person has improperly obtained your internet banking password.  Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account.  You could lose all the money in your account plus the maximum amount of any unused credit on your overdraft credit line.  To notify us, call Farmers & Merchants Bank of Kendall Operations Department at (608) 463-7101, Monday through Friday, 8:00 A.M. through 5:00 P.M. (Central Time) or write to Farmers & Merchants Bank of Kendall, P.O. Box 130, Kendall, WI  54638.  If your internet banking password has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your internet banking password without your permission to access a Bank deposit account.  If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.

Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once.  If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days.  If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section may be extended.

C.  AMENDMENTS

We may amend this Agreement at any time upon giving you such notice as may be required by law, effective upon the date indicated in the notice.

D.  IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS

In case of errors or questions about your electronic transfers, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt, telephone us at (608) 463-7101 or toll free (866) 463-7101 or write us at P.O. Box 130, Kendall, WI  54638 as soon as you can.  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 ten (10) business days.

We will determine whether an error occurred within ten (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 provide provisional credit to 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 ten (10) business days, we may not credit your account.

For errors involving new accounts, point-of-sale, 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.

We will tell you the results within three (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.

VI. MISCELLANEOUS FEES AND CHARGES

Miscellaneous fees and charges will be charged in accordance with the Bank's published Bank Charges.

 

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