
This Agreement describes your rights and obligations as a user of the On-line Banking Service, Mobility Service (Mobile Banking and Mobile Deposits), and Bill Payment Service (collectively referred to as the "Services"). It also describes the rights and obligations of GreenLeaf Bank. Please read this Agreement carefully. By enrolling, you agree to comply with the terms and conditions of this Agreement.
Definitions. In this Agreement, the Services refer to any on-line or mobile services available through the GreenLeaf Bank website and/or the GreenLeaf Bank mobile application. The following definitions apply in this Agreement: "On-line Account" means any GreenLeaf Bank account which is eligible for and from which you will be conducting transactions using the Services; "Password" is the code sent to you by GreenLeaf Bank for use during the initial sign-on, or the code you select after the initial sign-on that establishes your connection to the Service; "Time of day" references are to Central Standard Time (CST) or Central Daylight Time, as applicable; "We," "us" or "GreenLeaf" refer to GreenLeaf Bank, which offers the Services, and which holds the accounts accessed by the Services. “Website” shall include all GreenLeaf Bank websites maintained by us and accessible through www.greenleaf.bank or through GreenLeaf mobile applications and any other website you can access only after you, or a person for whom you may be acting as an Authorized Representative, enter into this Agreement.
Access to Services. GreenLeaf Bank will provide on-line instructions describing how to use the Services. You will gain access to your On-line Accounts through the use of your Internet-enabled device, your Internet Service Provider, your User Name, and your Password. Authentication methods regarding User Name and passwords can also be authorized on individual devices for facial recognition and/or fingerprint logins.
Hours of Operation. The Services are available 24 hours-a-day, seven days-a-week, except during special maintenance periods. For purposes of transactions, GreenLeaf Bank's business days are Monday through Friday, excluding Holidays as determined by GreenLeaf Bank. All On-line Banking transaction requests received after 6:00 p.m. CST on business days, and all transactions which are requested on Saturdays, Sundays, or Federal Holidays, will be processed on the next GreenLeaf Bank business day. GreenLeaf Bank's business day begins at 8:00 a.m. For Mobile Deposit Banking transaction requests received after 5:00 p.m. CST on business days, and all transactions which are requested on Saturdays, Sundays, or Federal Holidays, will be processed on the next GreenLeaf Bank business day. For specific Funds Availability see Mobile Deposit Service Additional Terms below.
Use of your Security Password. You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.
If your Password has Been Lost or Stolen. If your Password has been lost or stolen, call GreenLeaf Bank immediately at 920.864.7901, 8:30 a.m. to 5:00 p.m. (Central Time) on Business Days Monday thru Friday, Excluding Federal Holidays. Telephoning GreenLeaf Bank is the best way to minimize your losses. If you believe your Password has been lost or stolen and you telephone or write to us within two business days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password without your permission. If you do NOT telephone or write us within two business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.00.
Statements. You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE, notify GreenLeaf Bank immediately by calling us at 920.864.7901, 8:30 a.m. to 5:00 p.m. (Central Time), or writing GreenLeaf Bank at: GreenLeaf Bank P.O. Box 260 Greenleaf, WI 54126-0260
ELECTRONIC FUND TRANSFERS DISCLOSURE
This is your electronic fund transfer disclosure. It includes necessary federal statements as required by the electronic fund transfers act (15 u.s.c. section 683 et seq.) And regulation e (12 cfr part 205, et seq.) Please be certain to read this disclosure carefully and notify the bank at once if any parts are unclear.
Consumer Liability. Tell the Bank AT ONCE if you believe your card has been lost or stolen, or if you believe that an electronic fund transfer (“EFT”) 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 account (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your card, you can lose no more than fifty dollars ($50) if someone used your card without your permission.
If you do NOT tell the Bank within two (2) business days after you learn of the loss or theft of your card, and the Bank can prove the Bank could have stopped someone from using your card without your permission if you had told the Bank, you could lose as much as five hundred dollars ($500).
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell the Bank at once. If you do not tell the Bank within sixty (60) days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the sixty (60) days if the Bank can prove that the Bank could have stopped someone from taking the money if you had told the Bank in time. If a good reason (such as a long trip or a hospital stay) kept you from telling the Bank, the Bank will extend the time periods.
Contact in Event of Unauthorized Transfer. If you believe that an unauthorized EFT has been made or may be made or if you believe your card has been lost or stolen, please contact the Bank in writing or by telephone at: GreenLeaf Bank P.O. Box 260 Greenleaf, WI 54126-0260 Phone: 920.864.7901
Business Days. The Bank’s business days are Monday through Friday, but do not include Federal Holidays.
Transfer Types. These are the types of EFTs that you can accomplish with the Bank (assuming you make arrangements to do so). However, except as expressly provided otherwise, this Electronic Fund Transfer Disclosure does not apply to any accounts other than consumer accounts, as defined by Regulation E.
Preauthorized Transfers. You can arrange to pay certain bills directly from your checking and savings account in the amounts and on the days you request. For example, you can arrange to receive certain automatic deposits from other persons (e.g., Social Security payments or payroll payments) to your checking or savings account. Also, when you pay a merchant or other person for a transaction using a check (for example, to pay for goods or services, or to pay a bill), you may give the merchant or other person permission to use information from your check to make a one-time ACH debit from your account for the amount of the check. If the payment is handled as an ACH debit, funds may be withdrawn from your account as soon as the same day that you give your check to the merchant or other person. Although the above are some examples of preauthorized transfers, this is not an exclusive list of the types of preauthorized transfers or transfers initiated by third parties.
ATM Transfers. Although not all services may be available at all ATM terminals, you may use your debit card and personal identification number (“PIN”) to access your account(s) by ATM in order to check the balance of your account(s), transfer funds between your checking and savings account(s), or withdraw cash from your checking or savings account(s) (but you may not withdraw an amount that is greater than the daily limit allowed for your card each day).
Debit Card Point-of-Sale Transactions. You can pay for purchases (in person or by telephone) at businesses that have agreed to accept the debit card. The funds are debited from your account. When you initiate a point-of-sale transaction, the amount of said transaction will be reserved against your account by memo post and will reduce the available balance in your account prior to the actual debit of said transaction.
Telephone Banking Transfers. You may access your account information and transfer funds between your checking and savings account(s) by telephone at the following number: 1-877-492-2435. You must use a PIN to access and complete transactions on your account. You may also make payments from a checking or savings account to loan accounts with the Bank using telephone transfers.
Computer Transfers. You may access your account(s) by computer and via the internet and using your User Name and Password in order to transfer funds between your checking and savings account(s) or to make payments from a checking or savings account to loan accounts with the Bank. To protect you and your account information, online banking requires you to enter a password before you begin the online banking service.
Mobile Banking Transfers. You may access your account(s) by web-enabled cell phone by visiting our website or mobile app and using your User Name and Password in order to transfer funds between your checking and savings account(s) or to make payments from a checking or savings account to loan accounts with the Bank. To protect you and your account information, mobile banking requires you to enter a password before you begin the mobile banking service.
Currency Conversion Fees. If you make an ATM withdrawal or a debit card transaction using your debit card and the ATM or merchant is located outside of the United States, and the withdrawal or payment is made in a currency other than U.S. dollars, the amount of the transaction will be converted to a U.S. dollar equivalent. The exchange rate between the foreign transaction currency and the U.S. dollar billing currency used for processing is: (1) a rate selected by MasterCard from the range of rates available in wholesale currency markets for the applicable central processing date (this rate may vary from the rate MasterCard or the other network itself receives); or (2) the government-mandated rate in effect for the applicable central processing date. MasterCard charges the Bank an Issuer Cross-Border Assessment on all transactions outside of the United States. The Bank passes these fees on to you in the form of currency conversion fees and cross-border transaction fees. The Bank charges a cross-border transaction fee for transactions that take place outside of the United States even if there is no currency conversion.
Fees. When you use an ATM not owned by the Bank, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. The Bank may deduct these fees from your account and forward them to the operator or network, when applicable.
The Bank does not charge a fee for direct deposits to an account; nor does the Bank charge for preauthorized payments from an account. Please refer to the Fee Schedule for additional information about fees charged by the Bank.
Illegal Use. You agree that you will not use your debit card or account for any illegal activity. This includes, but is not limited to, unlawful internet gambling or the purchase of goods or services in violation of law.
Confidentiality. The Bank will disclose information to third parties about your account or the transfers you make:
(a) where it is necessary for completing transfers; or
(b) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
(c) in order to comply with government agency or court orders; or
(d) if you give us your written permission.
Documentation.
Terminal Transfers. You can get a receipt at the time you make any transfer to or from your account using one of the Bank’s ATMs.
Preauthorized Credits.
(a) When a person initiates preauthorized EFTs to your account at least once every sixty (60) days, you may call the Bank at 920.864.7901 to determine whether the EFT actually occurred.
(b) When a preauthorized EFT will vary in amount from the previous transfer under the same authorization or from the preauthorized amount, the person you are going to pay will send you written notice of the amount and date of the transfer at least ten (10) days before the scheduled date of transfer. You may choose instead to receive notice only when a transfer falls outside of a specified range of amounts or only when a transfer differs from the most recent transfer by more than an agreed-upon amount.
Periodic Statements. The Bank will send you a monthly account statement for your checking and money market accounts. If there are EFTs from your savings account in a particular month, you will also receive a statement for your savings account for that month. If there are no EFTs from your savings account, you will receive a statement at least quarterly.
Preauthorized Payments.
Right to Stop Payment and Procedure for Doing So. If you have told the Bank in advance to make regular payments out of your account, you can stop any of these payments. Here’s how: call the Bank at 920.864.7901, or write the Bank at P.O. Box 260, Greenleaf, WI 54126-0260, in time for the Bank to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, the Bank may also require you to put your request in writing and get it to the Bank within fourteen (14) days after you call. If you fail to provide written confirmation within that fourteen (14) day period, the stop-payment order may become ineffective. Please refer to the Fee Schedule for any fees that may be charged for each stop-payment order.
Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you ten (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 Transfer. If you order the Bank to stop one of these payments three (3) business days or more before the transfer is scheduled, and the Bank does not do so, the Bank will be liable for your losses or damages.
Bank’s Liability. If the Bank does not complete a transfer to or from your account on time or in the correct amount according to the Bank’s agreement with you, the Bank will be liable for your losses or damages. However, there are some exceptions. The Bank will not be liable, for instance:
v If, through no fault of the Bank’s, you do not have enough money in your account to make the transfer.
v If the transfer would go over the credit limit on your overdraft line.
v If the ATM where you are making the transfer does not have enough cash.
v If the system was not working properly and you knew about the breakdown when you started the transfer.
v If circumstances beyond the Bank’s control (such as fire or flood) prevent the transfer, despite reasonable precautions that the Bank has taken.
v There may be other exceptions stated in the Bank’ agreement with you.
Initial and Annual Error Resolution Notice. In case of errors or questions about your electronic transfers telephone the Bank at 920.864.7901 or write the Bank at P.O. Box 260, Greenleaf, WI 54126-0260 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. The Bank must hear from you no later than sixty (60) days after the Bank sent the FIRST statement on which the problem or error appeared.
(a) Tell the Bank your name and account number (if any).
(b) 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.
(c) Tell the Bank the dollar amount of the suspected error.
If you tell the Bank orally, the Bank may require that you send it your complaint or question in writing within ten (10) business days.
The Bank will determine whether an error occurred within ten (10) business days after the Bank hears from you and will correct any error promptly. If the Bank needs more time, however, the Bank may take up to forty-five (45) days to investigate your complaint or question. If the Bank decides to do this, the Bank will credit your account within ten (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 the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and the Bank does not receive it within ten (10) business days, the Bank may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, the Bank may take up to ninety (90) days to investigate your complaint or question. For new accounts, the Bank may take up to twenty (20) business days to credit your account for the amount you think is in error.
The Bank will tell you the results within three (3) business days after completing its investigation. If the Bank decides that there was no error, the Bank will send you a written explanation. You may ask for copies of the documents that the Bank used in its investigation.
Error Resolution Notice on Periodic Statements. In case of errors or questions about your electronic transfers, telephone the Bank at 920.864.7901 or write the Bank at P.O. Box 260, Greenleaf, WI 54126-0260 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. The Bank must hear from you no later than sixty (60) days after the Bank sent you the FIRST statement on which the error or problem appeared.
(a) Tell the Bank your name and account number (if any).
(b) 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.
(c) Tell the Bank the dollar amount of the suspected error.
The Bank will investigate your complaint and will correct any error promptly. If the Bank takes more than ten (10) business days to do this, the Bank will credit your account for the amount you think is in error; so that you will have the use of the money during the time it takes the Bank to complete its investigation.
Limit of GreenLeaf Bank Responsibility. GreenLeaf Bank agrees to make reasonable efforts to ensure full performance of On-line Banking. GreenLeaf Bank will be responsible for acting only on those instructions sent through On-line Banking which are actually received and cannot assume responsibility for malfunctions in communication facilities not under its control which may affect the accuracy or timeliness of messages you send. GreenLeaf Bank is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
Any information you receive from GreenLeaf Bank is believed to be reliable. However, it can only be provided on a best- efforts basis for your convenience and is not guaranteed. GreenLeaf Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
GreenLeaf Bank is not responsible for any computer virus or related problems which may be attributable to services provided by any Internet Service Provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing on-line Banking. GreenLeaf Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of GreenLeaf Bank's liability shall be as expressly set forth herein. Under no circumstances will GreenLeaf Bank be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
GreenLeaf Bank's Responsibility. GreenLeaf Bank will be responsible for your actual losses if they were directly caused by our failure to: Complete an Electronic Funds Transfer as properly requested Cancel an Electronic Funds Transfer as properly requested. However, we will not be responsible for your losses if:
v Through no fault of GreenLeaf Bank, you do not have enough money in your account to make the transfer or the transaction would have caused you to exceed your available credit, or circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken
v There is a hold on your account, or if access to your account is blocked in accordance with banking policy
v Your funds are subject to legal process or other encumbrance restricting the transfer
v Your transfer authorization terminates by operation of law
v You believe someone has accessed your accounts without your permission and you fail to notify GreenLeaf Bank immediately.
v You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement
v We have received incomplete or inaccurate information from you or a third party involving the account or transfer
v We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring
v You default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us
v We or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
Initiate Bill Payments. GreenLeaf Bank offers an online bill payment service through CheckFree Services Corporation, a subsidiary of Fiserv Solutions Inc. For details on how to schedule a payment, error resolution, and other bill payment questions, please refer to Additional Terms & Conditions for Bill Payment Services.
Electronic Mail. If you send GreenLeaf Bank an electronic mail message, GreenLeaf Bank will be deemed to have received it on the following business day. GreenLeaf Bank will have a reasonable time to act on your e-mail. You should not rely on electronic mail if you need to communicate with GreenLeaf Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).
You agree that GreenLeaf Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by GreenLeaf Bank shall be considered received within three (3) days of the date sent by GreenLeaf Bank, regardless of whether or not you sign on to the Service within that time frame.
Other agreements. In addition to this Agreement, you and GreenLeaf Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Services. Your use of these Services is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you opened your accounts at GreenLeaf Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers. We will automatically deduct the fees related to this Service from your Bill Pay Account each month.
Modifications to this Agreement. GreenLeaf Bank may modify the terms and conditions applicable to either Services from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
Inactivity / Termination. You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services.
We can terminate any Services under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
We may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive one hundred eighty (180) day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Services. To cancel any or all of the Services, you must notify GreenLeaf Bank and provide your name, address, which Services you are discontinuing, and the effective date to stop these services. When Bill Payment is terminated, any pre-scheduled bill payments made through these Services will also be terminated. You may notify GreenLeaf Bank by one of the following methods:
v By initiating a customer inquiry through our Web site @ www.greenleaf.bank
v By calling 920.864.7901, 8:30 a.m. to 5:00 p.m. Central Time
v By writing a letter and either sending it to the following address or giving it to a Customer Service Representative at any GreenLeaf Bank location.
Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of GreenLeaf Bank or any service provider.
Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations.
Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate:
(a) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
(b) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers;
(c) material or data, that is illegal, or material or data, as determined by GreenLeaf Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of GreenLeaf Bank or any third-party service provider involved in the provision of Mobile Banking;
(d) material or data that is alcoholic beverage- related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier;
(e) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
(f) any material or information that is false, misleading, or inaccurate;
(g) any material that would expose GreenLeaf Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or
(h) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party.
You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.
IMPORTANT INFORMATION ABOUT YOUR PRIVACY.
As a customer of GreenLeaf Bank, you provide us with important information about yourself. We believe it is our responsibility to safeguard your personal and financial information. You may request a copy of our privacy policy at any time by calling 920.864.7901.
Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, GreenLeaf Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files, data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). GreenLeaf Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. GreenLeaf Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
CARD CONTROLS TERMS OF USE.
The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within the Mobile Banking mobile application (“Mobile Banking App”), notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Card Controls, then the terms in this Supplement shall apply.
1. The Card Controls feature is only available for debit cards issued by GreenLeaf Bank that you register within the Mobile Banking App.
2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact GreenLeaf Bank to discontinue the alerts and controls.
3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
4. Card Controls may enable access to GreenLeaf Bank and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
5. To the extent this Mobile Banking App allows you to access third party services, GreenLeaf Bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
6. The mobile banking app, the services and related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non- infringement. In particular, we do not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of the mobile banking app or the services may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you to the extent they are prohibited by state law.
7. Limitation of Liability. You acknowledge and agree that from time to time, the mobile banking app and the services may be delayed, interrupted or disrupted for an indeterminate amount of time due to circumstances beyond our reasonable control, including but not limited to any interruption, disruption or failure in the provision of the services, whether caused by strikes, power failures, equipment malfunctions, internet disruption or other reasons. In no event shall we or our affiliates or licensors or contractors or the employees or contractors of any of these, be liable for any claim arising from or related to the services that is caused by or arises out of any such delay, interruption, disruption or similar failure. In no event shall we or our affiliates or licensors or contractors or the employees or contractors of any of these, be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, or loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the mobile banking app, or the services, or the websites through which the mobile banking app or the service offered, even if such damages were reasonably foreseeable and notice was given regarding them. In no event shall we or our affiliates or licensors or contractors or the employees or contractors of any of these be liable for any claim, arising from or related to the mobile banking app, the services or the website through which the app or the services is offered, that you do not state in writing in a complaint filed in a court or arbitration proceeding within two (2) years of the date that the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. Our aggregate liability, and the aggregate liability of our affiliates and licensors and contractors and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this agreement shall be limited to direct out of pocket damages up to a maximum of $500 (five hundred dollars). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
8. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of law’s provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
MOBILE DEPOSIT CAPTURE SERVICE TERMS AND CONDITIONS
Mobile deposit capture provides you with the ability to photograph and upload check images using the mobile banking software application for deposit in your GreenLeaf Bank account(s). The acceptance of this Mobile Deposit Capture Terms and Conditions (“Mobile Deposit Capture Terms and Conditions”) and use of the mobile deposit capture service (“Service”) means you agree to all terms and conditions stated herein. Please read this Mobile Deposit Capture Terms and Conditions carefully and keep a copy for your records.
Use of Service.
The Service (also known as “mobile deposit”) allows you to deposit checks into eligible GreenLeaf Bank (“Bank”) (also referred herein as “we,” “us” or “our”) accounts from a remote location with a compatible mobile device, which then delivers the images and associated deposit information to the Bank electronically. You may use the Service in accordance with this Mobile Deposit Capture Terms and Conditions. The Service is not certified to operate for customers trying to access it while outside the United States.
Software and Equipment.
In order to use the Service, you will need to download and install the latest version of the Bank’s mobile banking application (“Software”) on your iOS or Android mobile device. You must use a supported portable connected device, such as an iPhone or iPad or a supported Android device. All devices require camera functionality. To access the Service, your wireless device must be enabled for you to receive and transmit data through a mobile carrier service data plan, wireless internet connection or the like.
The Bank is not responsible for the functionality or maintenance of any third-party hardware or software you may need to use the Service.
You represent and warrant that you will not do any of the following: (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Software or any other technology or materials related to the Service; (ii) copy or reproduce all or any part of the Service, the Software or any other technology or materials supplied by the Bank or its service providers; or (iii) interfere, or attempt to interfere, with the Service, Software or any other technology or materials supplied by the Bank or its service providers.
Business Day Definition.
“Business Day” is every Monday through Friday, excluding Federal Reserve Holidays.
Account Eligibility.
Subject to the Limitations of the Service section below, all consumer checking, money market or savings accounts at the Bank are automatically eligible for mobile deposit capture services in your mobile application by accepting the terms and conditions.
Limitations of the Service.
When using the Service, you may experience technical or other difficulties. We do not assume liability for any technical or other difficulties that you may incur. We reserve the right to change, suspend or revoke the Service immediately and at any time without prior notice to you. Examples of reasons why we may restrict your access to the Services include but are not limited to; two (2) or more checks are returned for any reason, you have presented checks twice or there may be fraudulent activity on your account. In the event the Service is not available to you, you can deposit your check at any of our locations, through a participating automated teller machine (“ATM”) or by mail.
You represent and warrant that: (i) you will only use the Service, the Software and any other products, technology or materials supplied by the Bank and its technology partners for lawful purposes and in compliance with all applicable laws, rules and regulations; (ii) you will only transmit acceptable checks for deposit and will handle the original checks in accordance with applicable laws, rules and regulations; (iii) that you are a person authorized to collect each check transmitted or is authorized to obtain payment of each check transmitted on behalf of a person entitled to collect such transmitted check; (iv) any check transmitted has not been altered; and (v) you will not deposit or otherwise endorse to a third party the original check (the original check) and no person will receive a transfer, presentment or return of, or otherwise be charged for, the check (either the original check, or a paper or electronic reproduction of the original check) such that the person will be asked to make payment based on an check it has already paid. You further agree not to use the Service for any activity that is illegal or fraudulent or violates the terms of this Mobile Deposit Capture Terms and Conditions or the Online and Mobile Banking Agreement.
Charges or Fees.
The Bank does not charge a usage fee for this Service. We reserve the right to start charging for this Service at any time, subject to providing notice to you if required by applicable law or regulation. If a check you transmit for deposit is dishonored, rejected or otherwise returned unpaid, you agree that we may charge back the amount of the return to the account the check was originally deposited to, and you will be assessed a fee in the amount shown on the Bank’s current Fee Schedule for a returned check. If there are not sufficient funds in your account to cover the amount of the returned check, the account will be overdrawn, and you will be responsible for payment. You agree that the Bank may debit any account maintained by you in order to obtain payment of your obligations under this Mobile Deposit Capture Terms and Conditions. You acknowledge that wireless providers may assess fees, limitations or restrictions. You agree that you are solely responsible for all such fees, limitations and restrictions. Your further agree that we can contact you by telephone, including your wireless telephone number, regarding the Services.
Eligible Checks.
You agree to scan and deposit only “checks” that are made payable to the account holder: personal checks, business checks, U.S. Treasury checks, cashier’s checks, and money orders; any check payable in U.S. dollars and drawn on banks in the United States.
Ineligible Checks.
You agree that you will not use this Service to deposit any ineligible checks, including but not limited to the following: Foreign items, which included items drawn on foreign banks or payable in funds other than U.S. dollars, third party checks even if signed over to you, Image Replacement Documents (IRD’s), Substitute Checks, Travelers Cheques, stale dated checks, postdated checks, non-negotiable items, any item that has been re-deposited or returned, savings bonds, any item previously deposited or cashed.
Image Quality.
The image of an Item transmitted using Mobile Deposit must be legible and clear and provide all information on the front and back of the original Item, including a complete image of any endorsements. It must not be altered. It must capture all information from both sides of the Item. GreenLeaf Bank reserves the right at its sole discretion to reject any image for deposit using Mobile Deposit.
When taking a photograph of the check you intend to deposit using the Service, the following tips may help you achieve the required image quality:
v Hold the camera parallel to the check and match the check inside the guidelines on the phone or tablet.
v It is recommended that a flash is not used.
v Take the photograph in a well-lit environment against a dark background.
v Lay the check on a flat surface.
v Flatten folded or crumpled checks before capturing the image.
v Keep your device flat and steady when capturing the image.
v There should be no shadows across the image.
v The MICR line (numbers on the bottom of the check) must be readable.
Endorsements and Procedures.
You agree to restrictively endorse any check transmitted through the Service as "FOR MOBILE DEPOSIT ONLY AT GLB” along with your signature(s) or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Service as the Bank may establish from time to time. We reserve the right to reject all check that are not endorsed as specified.
Deposit Limits.
The Bank reserves the right to impose limits on the amount(s) of deposits that you transmit using the Deposit services and to modify limits from time to time. If you attempt to initiate a deposit in excess of these limits, the Bank may reject your deposit. If the Bank permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this agreement, and the Bank will not be obligated to allow such a deposit at other times. Deposit limits are subject to change at any time at the Banks discretion. Daily and per item dollar limits may vary and are subject to change at the discretion of the Bank.
Receipt of Checks.
After you have uploaded and authorized a check image for processing, it will be reviewed by the Bank before being processed or it may be subject to automated review criteria. We reserve the right to reject any check transmitted through the Service, at our discretion, without liability to you. We are not responsible for checks we do not receive or for images that are dropped during transmission. An image of a check shall be deemed received when you receive a confirmation from the Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time, any check that we subsequently determine was not an eligible check. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible check.
You may view previously deposited checks using the Service by clicking on the History tab. In this location, you will have the ability to check the status of submitted checks, find deposit information, and view the front and back of check images. If a check is rejected, you will be notified via the email address on file.
Funds Availability & Regulation CC.
Submitting a check image does not constitute receipt of the deposit. Generally, deposits are credited within two (2) business days. It is the depositor’s responsibility to verify receipt of deposit. Deposits submitted on a non-business day will not be processed until the next business day. Depositor may verify receipt of deposit by reviewing the account statement, by calling customer service at 920.864.7901, or by viewing the account online at www.greenleaf.bank. GreenLeaf Bank reserves the right to delay availability of deposited funds in accordance with Regulation CC. If the bank delays availability the depositor will be notified in writing or by electronic means. For any return of a deposited check image, a substitute check and notification will be mailed or delivered to the depositor within two (2) business days of receipt by the Bank.
Method of Presentment.
The manner in which checks are cleared, presented for payment, and collected shall be in the Bank’s sole discretion.
Retention and Disposal of Checks.
You agree to retain each check for at least forty-five (45) calendar days after your funds have been posted to your account. Upon receipt of these funds, you agree to mark the checks prominently as “VOID.” You agree to store each retained check in a secured locked container until such proper disposal is performed. You will promptly provide any retained checks to the Bank as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any check. After 45 days, you agree to dispose of the check(s) in a way that prevents representing for payment.
Error Discrepancies.
Notify us at 920.864.7901 as soon as possible if you believe your statement is incorrect, or if you need more information about a transaction listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem appeared. If you do not notify us within sixty (60) days from the date your statement was sent, you may not be compensated for any losses.
Security Requirements.
To prevent unauthorized usage of the Service, you agree to ensure the security of the mobile device you own and use to access the service. By securing these devices, we specifically mean installing operating system patches as well as securing the physical device from theft or unauthorized use. Additionally, the Bank may also request more information from you.
Authorized Users.
If you have designated an authorized user(s) or joint owner(s) on your account, your authorized user(s) or joint owner(s) will not have online access to the Service. You and your authorized user(s) or joint owner(s) are equally responsible for adhering to all checks disclosed in this Mobile Deposit Capture Terms and Conditions.
Disclaimer of Warranties.
The Bank’s representation, warranties, obligation and liabilities and your rights and remedies, set forth in this Mobile Deposit Capture Terms and Conditions, are exclusive. We disclaim all warranties of any kind as to the use of the Service, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose. We make no warranty that the Service will: (i) will meet your requirements; (ii) will be uninterrupted, timely, secure or error free; (iii) that the results that may be obtained from the Service will be accurate or reliable; and (iv) that any errors in the Service or technology will be corrected.
Limitation of Liability.
The Bank’s liability for errors or omissions with respect to the data transmitted or printed by the Bank will be limited to correcting the errors or omissions.
Additional User Warranties and Indemnification.
You warrant to the Bank that:
v You will only transmit eligible checks that are properly endorsed;
v Images will meet the image quality standards;
v You will not transmit duplicate checks;
v You will not deposit or re-present the original check once it has been sent through this service, unless specifically requested to do so by the Bank;
v All information you provide to the Bank is accurate and true;
v The Bank will not sustain a loss because you have deposited an image;
v You will comply with this Mobile Deposit Capture Terms and Conditions and all applicable rules, laws and regulations; and
v Items you transmit do not contain viruses.
You agree to indemnify and hold harmless the Bank from any loss for breach of the warranty provision.
You agree that you will indemnify, defend and hold harmless the Bank, its technology partners used to provide the Service, and any of their affiliates, officers, employees, Supervisory Committee members, directors and agents from and against third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, cost and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to the Bank or your use of the Service, or Software, unless such claim directly results from an action of omission made by the Bank or its technology partners in bad faith.
Termination of the Service.
We may terminate this Mobile Deposit Capture Terms and Conditions at any time and for any reason. This Mobile Deposit Capture Terms and Conditions shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Mobile Deposit Capture Terms and Conditions may be terminated if you breach any term of this Mobile Deposit Capture Terms and Conditions, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Account and Account Services Agreement or any other agreement with us.
Change in Terms.
The Bank reserves the right to change the terms and conditions of this Service or terminate this Mobile Deposit Capture Terms and Conditions without notice at any time.
Privacy.
Any personal information you share through the use of the Service is governed by Bank’s Privacy Notice. To obtain a copy of the current Privacy Notice, contact us at 920.864.7901, visit one of our locations or view it on our website at www.greenleaf.bank.
Cooperation With Investigations.
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions and resolution of claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
Governing Law and Miscellaneous Provisions.
This Mobile Deposit Capture Terms and Conditions supplements the terms of your eSign Consent, Account and Account Services Agreement and the Online and Mobile Banking Agreement. Together they constitute the entire agreement between you and the Bank with respect to the Service. You may not assign this Mobile Deposit Capture Terms and Conditions. This Mobile Deposit Capture Terms and Conditions is governed by the laws of the State of Wisconsin and of the United States. A determination that any provision of this Mobile Deposit Capture Terms and Conditions is unenforceable or invalid shall not render any other provision of this Mobile Deposit Capture Terms and Conditions unenforceable or invalid. Unauthorized use of this Service is strictly prohibited.
Questions.
If you have questions about the Service, you can contact the Bank at 920.864.7901 or use the Contact Us feature in the mobile banking application.