ONLINE AGREEMENT & DISCLOSURE STATEMENT

This agreement describes your rights and obligations as a user of the Online Banking (OB) and Mobile Banking service. It also describes the rights and obligations of First State Bank of Wyoming. Please read this agreement carefully. By requesting and using this service, you agree to comply with the terms and conditions of the Agreement. If you have any questions or do not understand any terms of this agreement, please feel free to contact the bank prior to your use of the service. The terms “we”, “us,” our,” “FSBW” and “BANK” refer to First State Bank of Wyoming. The terms “you” and “your” refer to each person listed who is entitled to use the Bank account according to such person’s existing agreements with the bank. The terms and conditions that apply to Online Banking also apply to Mobile Banking, in addition to those you accept when downloading the APP.  If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in the other agreements between you and FSBW, this Agreement will control.

ACCESS

To use OB you must have at least one account at FSBW, access to internet service and an e-mail address. Once we have received your enrollment form, and verified your account information, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned login ID and temporary password. OB can be used to access only the Bank accounts that you have designated for access by OB in your Enrollment form. You can add or delete any of your BANK accounts from this Agreement by completing a new Enrollment form. Access to your accounts through OB will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through OB to determine that they are made on behalf of the account holder.  Once enrolled in OB you may download our Mobile Banking APP from the APP store and use that as your OB access.

ONLINE BANKING SERVICES

You can use OB to check the balance of your BANK accounts, view BANK account histories, transfer funds between your BANK accounts, make loan payments, advance funds from credit lines, view check images, view statements, export transaction history, originate ACH entries and change your address. Balance and activity information is updated throughout the business day. The ability to pay bills from your BANK accounts in the amounts and on the dates you request is available using our BillPay product which requires a separate Enrollment form.

NO SIGNATURE REQUIREMENT

When any payment or other on-line service generates items to be charge to your account, you agree that we may debit the designated account without requiring your signature on the item and without any notice to you.

ONLINE BANKING GUARANTEE

We guarantee that you will be covered for 100% of funds removed from you FSBW accounts in the unlikely event that someone you haven’t authorized removes those funds through our Online Banking. To qualify for this guarantee, you must follow Your Responsibilities below.

YOUR RESPONSIBILITIES

You are responsible for protecting your password and account information by:
•    Not disclosing your personal account information to others (including your ATM PIN, online username and password), and
•    Promptly reporting incident of unauthorized account access or use by calling 651-462-7611 within the time frames noted below for making a claim.

TO MAKE A CLAIM USING THE ONLINE BANKING GUARANTEE:

If you are an individual customer or small business customer of FSBW using our ONLINE BANKING, you must notify us of unauthorized activity within 60 calendar days after the date we send you the account statement showing that unauthorized activity. We will respond to you within 10 business days after we receive your claim.

LIABILITY

First State Bank of Wyoming is responsible for complying with the terms of this Agreement. However we will not be liable:
•    If you do not have enough money in your account to make a transfer;
•    If we are directed to prohibit withdrawals from the account by applicable law or court order;
•    If your account is closed or if it has been frozen;
•    If the transfer would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts;
•    If you, or anyone you permit to utilize the Services, commits any fraud or violates any law or regulation;
•    If any electronic terminal or telecommunication device malfunctions or is otherwise not working properly and/or prevents the utilization of the Services;
•    If you have not properly followed the instructions for using the Services;
•    If circumstances beyond our control (such as fire, flood or improper transmission or handling of payment by a third party) prevent the utilization of the Services, including without limitation a transfer, despite reasonable precautions taken by us.

NOTICE OF LIABILITY

You are solely responsible for controlling the safekeeping of, and access to, your Password. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify us and arrange to change your Password. You will be responsible for any transaction that contains an error or is a duplicate of another transaction. FSBW is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communication facility, and no such party shall be deemed to be FSBW’s agent. In any event, FSBW will not be liable for any special, consequential, incidental or punitive losses, damages or expenses in connection this Agreement or OB, even if FSBW has knowledge of the possibility of them. FSBW is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond FSBW’s reasonable control.

SECURITY

You understand the importance of your role in preventing misuse of your accounts through OB and you agree to examine your paper statement for each of your bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number and your personal identification information such as driver’s license number and social security number. You understand that personal information by itself or together with information related to your account may allow unauthorized access into your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via OB is encrypted in an effort to provide transmission security and OB utilizes identification technology to verify that the sender and receiver of OB transmission can be appropriately identified by each other. Notwithstanding our efforts to ensure that OB is secure, you acknowledge that the internet is inherently insecure and that all data transfers including electronic mail occur openly on the internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing FSBW OB, or e-mail transmitted to and from us, will not be monitored or read by others.

USER ID AND PASSWORD POLICY

User ID and passwords are both case sensitive. The User ID and password issued to you is for your security purposes. Your password must consist of both letters and numbers. It is confidential and should not be disclosed to third parties. You are responsible for safekeeping your password. You may change your password at any time by clicking on “Preferences.” You should carefully select a password that is hard to guess. (We suggest that you stay away from names, dates, and information that may be easily guessed.) You agree not to disclose or otherwise make your password available to anyone not authorized to sign on your accounts. Passwords are required to be at least 8 characters, cannot be more than 22 characters, must contain at least on number, at least one UPPER CASE character and may contain special characters. If your Password has been lost or stolen, call FSBW immediately at (651)462-7611, from 8:30 to 5:00 (Central Time) Monday through Friday. Telephoning is the best way to minimize your losses. If you believe your Password has been lost or stolen and you tell us within two business days after you learn of the loss or theft, you can lose no more the $50.00 if someone uses your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft or 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.

BANKING TRANSACTIONS WITH ONLINE BANKING

In addition to viewing account information, you may use Online Banking to conduct the following transactions:

•   Transfer Funds among your checking accounts, savings accounts, money market accounts, and loans. NOTE: Because regulations require us to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:

a.    You can make no more than six transfers per month from your statement savings account by pre-authorized or automatic transfer or by telephone or Online Banking.

b.    You can make no more than six transfers per statement period from your Money Market Savings account by pre-authorized or automatic transfers or by telephone or Online Banking and no more than three of these may be by check, draft or debit card.
c.    For security purposes, there are limits on the frequency and amount of transfers you may make using this Online Banking Service.

•     New services may be introduced for Online Banking from time to time. We will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules, which will be made available to you concerning these services.

FEES

Online Banking is a free service First State Bank of Wyoming provides to qualified customers. You agree to pay the fees and charges for your use of System services as set forth in the current fee schedule. Other fees for related services such as Bill Payment fees, non-sufficient funds fee, research, and/or Stop Payment fees may apply. Please refer to the Fee Schedule for details.

STATEMENTS

All of your payments made through FSBW Online Banking will appear on your account statement. The Payee name, payment amount and date of the debit will be reflected for each payment made through Online Banking or the Bill Payment Service.

HOURS OF ACCESS

You can use OB seven days a week, twenty-four hours a day. Although some or all OB services may not be available occasionally due to emergency or scheduled system maintenance, we agree to post notice of any extended periods of non-availability on the FSBW website. FSBW specifically does not warrant that service will be available at all times. During these times you may use XPRESS Telephone Banking, an ATM or a Bank Branch to conduct your transactions (assuming you have applied for and been accepted to utilize such telephone and ATM services). A transfer initiated through Online Banking before 4:00 p.m. (Central Time) on a business day is posted to your account the same day. All transfers completed after 4:00 p.m. (Central Time) will be posted on the next business day.

ERRORS OR QUESTIONS

In case of errors or questions regarding an Online Banking Transfer, a Bill Payment transaction, or any error on your account history you may telephone or write us at:
First State Bank of Wyoming
PO Box 308
Wyoming, MN 55092
(651)462-7611
We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. Please include:

• Your name and account number.
• Description of the error or the transaction you are unsure about, and explain as clearly as you can why you believe there is an error or why you need more information.
• The dollar amount of the suspected error and any applicable dates.

We will tell you the results of our investigation within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a foreign-initiated transfer) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a point-of-sale transaction or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a foreign-initiated transfer) 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. 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.

CONFIDENTIALITY

We will disclose information to third parties about your account:

• Where it is necessary for completing a transaction initiated by you.
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
• In order to comply with government or court orders, or other requirements.
• If you give us your written permission.
• When you have asked or given us permission to do so.
• In order to protect you, your interest, the interest of the Bank, or if we suspect fraud or illegal activity.

Information concerning your account history with us will be shared with the employees of First State Bank of Wyoming as required in the course of business. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party. Please refer to our Privacy Policy for further information.

CHANGE IN TERMS

We may change any term of this Agreement at any time. If the change would result in increased fees for any OB service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change unless an immediate change is necessary to maintain the security of an account of electronic fund transfer system. We will post any required notice of the change in terms on the OB website or forward it to you be e-mail or postal mail if advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject OB Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

INACTIVITY/TERMINATION

You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the deposit accounts which you access using electronic banking services. We can terminate your electronic banking privileges (including the Bill Payment service) under this Agreement without notice to you, if you do not pay any fee required by this Agreement when due, or 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 Online Banking during any consecutive 90 day period. If your account is considered inactive, you must contact us to have Online Banking reactivated.
To cancel Online Banking you must notify us and provide your name, address, what service you are discontinuing and the effective date to stop the service. You may notify us by one of the following methods

• By sending an email to mail@fsbwyoming.com
• By calling (651)462-7611, 8:30 a.m. – 4:00 p.m. (Central Time) Monday through Friday.
• By writing a letter and either sending it to the following address or giving it to a Customer Service Representative at any location.

First State Bank of Wyoming
PO Box 308
Wyoming, MN 55092

REGULATION E & ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURES

This form complies with federal and Minnesota law. It applies to our electronic fund transfer (EFT) services. Electronic funds transfers are electronic transfers of money to or from your deposit account with us. This form states your and our rights and responsibilities for electronic fund transfers. In this form, the words “you” and “your” mean each and all who sign as applicants and any users of the service. The words “we”, “us” and “our” mean the Financial Institution. The abbreviation “PIN” or word “code” means a personal identification number.

FIRST STATE BANK OF WYOMING DEBIT CARD

Types of Transactions/Transfers: You may use the card and PIN issued you to pay for purchases from merchants who have agreed to accept the card at Point of Sale (POS) terminals within the networks identified on you card and such other terminals as the Bank may designate from time to time. Point of Sale (POS) transactions will be deducted from your Primary Account. Point of Sale (POS) transactions involving a refund will be credited to your Primary Account. You may also use the card to pay for purchases from merchants that accept the POS debit card with a MasterCard symbol. You may use that automated teller machine (ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMs within the networks identified on your card and such other facilities as we may designate from time to time. Unless you specify a different account during Automated Teller Machine (ATM) transactions, your Primary Account will be used for your transactions. Your Primary Account number and information may be obtained from the Combined ATM/POS/Debit Card Request Form. At present you may use your card to (some of these services may not be available at all ATMs):
•    Withdraw cash from your checking account.
•    Withdraw cash from your savings account.
•    Transfer funds between your checking and savings accounts.
•    Obtain balance information on your deposit accounts.

• Limitations on Frequency and Amount:

•    You may withdraw up to a maximum dollar amount per card per day as set by First State Bank of Wyoming.
•    For security purposes, there are limits on the frequency and amount of transfers you may make using ATMs and this Point of Sale service.
•    You may purchase up to a maximum dollar amount per card per day as set by First State Bank of Wyoming worth of goods and services per day, exclusive of ATM withdrawals.

• Fees and Charges: There is no charge for ATM withdrawals at machines owned by us.

•    There is a $1.00 charges for each ATM withdrawal at machines we do not own or are not part of the Money Pass system.
•    There is a Replacement Card Fee of $5.00 per card.
•    We do not charge on any POS transactions.
•    Cards designated as ATM only will be charged a $6.00 annual fee.
ATM Fees. When you use an ATM not owned by us, 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). Other EFT Transactions. You may access certain account(s) you maintain with us by other EFT transaction types as described below.

•  Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your account using information from your check to pay for purchases or pay bills. Electronic check conversion is a payment process in which a merchant or other payee (after obtaining your authorization) uses your check to gather routing, account and check number information to initiate a one-time EFT. When information from your check is used to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment. This type of EFT transaction involving a consumer account is covered the Electronic Funds Transfer Act and this disclosure. A description of the transaction will appear on your statement.
• Re-presented Check Transactions and Fees. You may authorize a merchant to electronically collect a fee associated with the re-presentment of a check that is returned due to insufficient or unavailable funds. The resulting fee transaction if debited as an EFT from a consumer account is covered by the Electronic Funds Transfer Act and this disclosure. When a merchant re-presents a check electronically, that transaction is not covered by the Electronic Funds Transfer Act or this disclosure. A description of the transaction will appear on your statement

The following limitations may be applicable to your accounts, except as provided by law:Liability for Unauthorized MasterCard Point of Sale Debit Card Transactions. Tell us, AT ONCE, if you believe your MasterCard point of sale debit card has been lost or stolen or of any unauthorized transactions. Your liability for unauthorized use of your point of sale debit card with the MasterCard logo when it is used as a MasterCard point of sale debit card will not exceed (A) Zero dollars ($0.00) if the conditions set forth below have been met, or (B) if those conditions have not been met, the lesser of fifty dollars ($50.00) or the amount of money, property, labor or services obtained by the unauthorized use before notification to us.  Zero liability will apply only if: (1) you can demonstrate that you have exercised reasonable care in safe-guarding your card from risk of loss or theft; and (2) you have not reported two or more incident of unauthorized use to us within the preceding twelve (12) months; and (3) your account is in good standing. These liability limits apply only to United States issued MasterCard branded cards. If the transaction does not meet the conditions set forth above, these limits with respect to unauthorized transactions may be exceeded to the extent allowed under applicable law (see Liability for Unauthorized Transfers paragraph below). For specific restrictions, limitations and other details, see your Cardholder Agreement. “Unauthorized use” means the use of your point of sale debit card by a person, other than you, who does not have actual, implied or apparent authority for such use and for which you receive no benefit. To notify us of lost or stolen cards, or of unauthorized transactions, call or write to us at the telephone number or address set forth below. This will help prevent unauthorized access to you account and minimize any inconvenience.
In addition to the terms outlined above the following limitations may be applicable to your accounts, except as provided by law:Liability for Unauthorized MasterCard Debit Card Transactions on Cards Issued to Certain Consumers and Small Businesses. The zero liability limit described below only applies to a United States-issued MasterCard branded debit card issued to: (i) a natural person, or (ii) a business or other entity only if the card is issued under a “small business” program described on MasterCard’s website at www.mastercardbusiness.com. The zero liability limit described below does not apply if you are a business or an entity of any sort (corporation, limited liability company, partnership, etc.) unless the card issued to you is a “small business” card described above. The zero liability limit described below does not apply until your identity is registered by or on behalf of the card issuer. Under MasterCard’s zero liability policy as described in the MasterCard Rules (as may be amended from time to time), the zero liability limitation described below may not apply for other reasons. Tell us AT ONCE if you believe your MasterCard debit card has been lost or stolen or if you believe any unauthorized transactions have been made using your MasterCard debit card. Your liability for unauthorized use of your debit card with the MasterCard logo will not exceed zero dollars ($0.00) if the following conditions have been met: (i) you have exercised reasonable care in safeguarding your card from risk of loss or theft; and (ii) upon becoming aware of such loss or theft you promptly reported the loss or theft to us. If the conditions set forth above have not been met, you may be liable for unauthorized transactions to the extent allowed under applicable law (for example, see Liability for Unauthorized Transfers paragraph below). To notify us of lost or stolen cards, or of unauthorized transactions, call or write to us at the telephone number or address set forth in the Liability for Unauthorized Transfers paragraph below. This will help prevent unauthorized access to your account and minimize any inconvenience. MasterCard is a registered trademark of MasterCard Worldwide or its subsidiaries in the United States.In addition to the limitations set forth above, the following limitations may be applicable to your accounts:
Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your card, ATM PIN, POS card or PIN, Audio Response PIN, or online and/or mobile banking 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. 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 sixty (60) days after you receive a statement that shows any transfers that you did not make, you can lose no more than $50.00 if your card is lost or stolen and someone used your card without your permission. Also, if your statement shows transfers that you did not make, including those made by card code or other such means, tell us at once. If you do not tell us within sixty (60) days after you receive the statement, you may not get back any money lost after the sixty (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 will extend the time periods. If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (651) 462-7611, or write us at First State Bank of Wyoming, PO Box 308, 26741 Felton Ave, Wyoming, MN 55092. You should also call the number or write this address if you believe a transfer has been made using the information from your check without your permission.

• Illegal Transactions. You may not use your ATM, POS or Debit Card, or other access device from any illegal or unlawful transaction and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness. Notwithstanding the foregoing, we may collect on any debt arising out of any illegal or unlawful transaction.
• Business Days. For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday. Holidays are not included.
• Stop Payments on ATM, POS, or Debit Card Transactions. You may not place a stop payment order on ATM, POS, or debit card transaction.
• Periodic Statement. You will get a monthly account statement from us, unless there are no transactions in a particular month. In any case you will get a statement at least quarterly. You will get a quarterly statement from us on your savings account if this is the only account you have and the only possible electronic transfer to or from the account is a preauthorized deposit.
• Terminal Receipt. You can get a receipt at the time you make a transfer to or from your account using one of our ATMs or a POS terminal. However, receipts for transactions of $15.00 or less may not always be available.
• Direct Deposits. If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at (651) 462-7611 to find out whether or not the deposit has been made.
• Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for instance:
  •    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 claim restricting such transfer.
  •    If the transfer would go over the credit limit on your overdraft line.
  •    If the ATM where you are making the transfer does not have enough cash.
  •    If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  •    If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
  •    There may be other exceptions stated in our agreement with you
• In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (651) 462-7611, or write us at First State Bank of Wyoming, PO Box 308, 26741 Felton Ave, Wyoming, MN 55092 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. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
  •    Tell us your name and account number (if any).
  •    Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
  •    Tell us the dollar amount of the suspected error.

If you tell us verbally, 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 forty five (45) days to investigate your complaint or question. If we decide to do this, we 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 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. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new account, point of sale debit card transactions, or foreign-begun transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (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.

• Confidentiality. We will disclose information to third parties about your account or the transfers you make:

•    Where it is necessary for completing transfers; or
•    To verify the existence and condition of your account upon the request of a third party, such as credit bureau or merchant; or
•    To comply with government agency or court orders; or
•    If you give us your written permission.

• Personal Identification Number (PIN). The ATM PIN or POS PIN is for security reasons. The numbers are confidential and should not be given to anyone else or listed on the card. You must keep your numbers safe. You agree not to give your ATM PIN or POS PIN to anyone who cannot sign on your accounts.
• Notices. All notices from us will be effective when we have mailed them or delivered them to your last know address on our records. Notices from you will be effective when we receive the notice at our telephone number or address shown in the Agreement. We may change the terms and conditions for any EFT service. We will mail notice to you a least twenty one (21) days before the effective date of any change, as required by law. Use of EFT service is governed by regulations and any future changes to those regulations.
• Enforcement. If you or we bring a legal action to enforce this Agreement or to collect amounts owing as result of any Account transaction, the party who wins will receive reasonable attorneys’ fees and costs, including fees on any appeal, to the extent allowed by law.
• Cancellation of ATM and POS Services. You agree that we may cancel this Agreement and your use of the ATM Card or POS services, if:

•    You breach this or any other agreement with us;
•    We have reason to believe that there has been an unauthorized use of you ATM PIN or POS card or PIN or Audio Response PIN;
•    We notify you or any other person on your account that we have cancelled or will cancel this Agreement. You or any other person on your account can cancel this Agreement by notifying us in writing.Service is cancelled the first business day after we receive your written notice. Cancelling this agreement will not affect your or our rights and responsibilities under this Agreement for transactions begun before the agreement is cancelled.

• Preauthorized Electronic Fund Transfers

If you have told us in advance to make regular electronic fund transfers out of your account(s), you can stop any of these payments. Here’s how: You must call us at the telephone number listed in this form, or write us at the address listed in this form, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you don’t, your stop payment will not bind us after fourteen (14) days. We will charge you $ 25.00 for each stop payment order you give.

Stop Payment Right:

• 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 Transfers. If you order us to stop one of these payments three (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.
• Delay. There may be a delay between the time you make a deposit and when you can withdraw the money. You should review our Funds Availability Policy to find out when you can withdraw money that you deposit at ATMs.
• Completing Transactions. We refuse to complete a transaction:

•    If you do not have enough money in your account; or
•    If you would go over you credit limit; or
•    If you would lower your balance to less than the required balance; or
•    If it would require us to change the money that we hold for the account.

OTHER MINNESOTA DISCLOSURES

ATM transactions are completed immediately with us. You cannot reverse a transfer of money through an ATM. Payment for goods or services by transfer of money through an ATM does not affect any of your rights, protections or liabilities under existing law concerning a cash or credit sale made by means other than through use of an ATM. We are liable for all unauthorized withdrawals at an ATM or a POS unless the unauthorized withdrawal was due to the loss or theft of the card, in which case you are liable, up to a maximum liability of $50, for those unauthorized withdrawals made before we are notified of the loss or theft. The limitation on liability is effective only if the card issuer is notified of unauthorized charges contained in a bill within sixty (60) days of receipt of the bill by the person in whose name the card is issued. An unauthorized withdrawal is a withdrawal by a person other than you who does not have actual, implied or apparent authority for such withdrawal, and from which withdrawal you receive no benefit. You may bring a civil action against any person violating the consumer privacy and unauthorized withdrawal provisions of Minnesota law. In addition to actual damages or $500 (whichever is greater), you may recover punitive damages, plus court costs and reasonable attorneys’ fees incurred. To protect the privacy of customers using electronic financial terminals, including any supporting equipment, structures or systems, information received by or processed through such terminals, supporting equipment, structures or systems shall be treated and used only in accordance with applicable law relating to the dissemination and disclosure of such information. The person establishing and maintaining an electronic financial terminal, including any supporting equipment, structures or systems, shall take steps as are reasonably necessary to restrict disclosure of information to that necessary to complete the transaction and to safeguard any information received or obtained about a customer or his or her account from misuse by any person manning an electronic financial terminal, including any supporting equipment, structures, or systems.

ATM SAFETY TIPS

•    As issuers of Automated Teller Machine (ATM) access devices, we have provided for you information a list of safety precautions regarding the use of automated teller machines. Please read the following safety tips:
•    Be aware of your surroundings, particularly at night.
•    Consider having someone accompany you when the automated teller machine is used after dark.
•    It is appropriate to politely ask someone who is uncomfortably close to you to step back before you complete your transaction.
•    Refrain from displaying your cash. Pocket it as soon as your transaction is completed. Count the cash later in the safety of your car or home.
•    Consider using another automated teller machine or coming back later if you notice anything suspicious. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, pocket your ATM access device and leave.
•    Go to the nearest public area where people are located if you are followed after making a transaction.
•    Report all crimes to law enforcement officials immediately.

FSBW APPLE PAY TERMS & CONDITIONS 

These Terms for adding your First State Bank of Wyoming debit card to a Digital Wallet (the “Terms”) apply when you choose to add a First State Bank of Wyoming debit card to a Digital Wallet (“Wallet”). In these Terms, “you” and “your” refer to the cardholder of the First State Bank of Wyoming debit card, and “we,” “us,” “our,” and First State Bank of Wyoming refer to the issuer of your First State Bank of Wyoming debit card. When you add a First State Bank of Wyoming debit card to the Wallet, you agree to these Terms.

•  Adding Your First State Bank of Wyoming debit card

You can add an eligible First State Bank of Wyoming debit Card to the Wallet by following the instructions of the Wallet provider. Only First State Bank of Wyoming debit cards that we indicate are eligible can be added to the Wallet. If your First State Bank of Wyoming debit card or underlying account is not in good standing, that First State Bank of Wyoming debit card will not be eligible to enroll in the Wallet. When you add our debit card to the Wallet, the Wallet allows you to use the First State Bank of Wyoming debit card to enter into transactions where the Wallet is accepted. The Wallet may not be accepted at all places where your First State Bank of Wyoming debit card is accepted.

• Your First State Bank of Wyoming debit Card Terms Do Not Change

The terms and account agreement that govern your First State Bank of Wyoming debit card do not change when you add your First State Bank of Wyoming debit card to the Wallet. The Wallet simply provides another way for you to make purchases with the First State Bank of Wyoming debit card. Any applicable interest, fees, and charges that apply to your First State Bank of Wyoming debit card will also apply when you use the Wallet to access your First State Bank of Wyoming debit card. First State Bank of Wyoming does not charge you any additional fees for adding our debit card to the Wallet or using our debit card in the Wallet. The Wallet provider and other third parties such as wireless companies or data service providers may charge you fees.

• First State Bank of Wyoming is Not Responsible for the Wallet

First State Bank of Wyoming debit is the not the provider of the Wallet, and we are not responsible for providing the Wallet service to you. We are only responsible for supplying information securely to the Wallet provider to allow usage of the First State Bank of Wyoming
debit card in the Wallet. We are not responsible for any failure of the Wallet, or the inability to use the Wallet for any transaction. We are not responsible for the performance or non-performance of the Wallet provider or any other third parties regarding any agreement you enter into with the Wallet provider or associated third party relationships that may impact your use of the Wallet.

• Contacting You Electronically, and by Email

You consent to receive electronic communications and disclosures from us in connection with your First State Bank of Wyoming debit card and the Wallet. You agree that we can contact you by email at any email address you provide to us in connection with any First State Bank of Wyoming account. It may include contact from companies working on our behalf to service your accounts. You agree to update your contact information with us when it changes.

• Removing Your First State Bank of Wyoming debit card from the Wallet

You should contact the Wallet provider on how to remove a First State Bank of Wyoming debit
card from the Wallet. We can also block a First State Bank of Wyoming debit card in the Wallet
from purchases at any time.

• Governing Law and Disputes

These Terms are governed by federal law and, to the extent that state law applies, the laws of the state that apply to the agreement under which your First State Bank of Wyoming debit card is covered. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in your First State Bank of Wyoming debit card agreement.

• Ending or Changing these Terms; Assignments

We can terminate these Terms at any time. We can also change these Terms, or add or delete any items in these Terms, at any time. We will provide notice if required by law. We can also assign these Terms. You cannot change these terms, but you can terminate these Terms at any time by removing all First State Bank of Wyoming debit cards from the Wallet. You may not assign these Terms.

• Privacy

Your privacy and the security of your information are important to us. U.S. Consumer Privacy Notice (available online at https://www.fsbwyoming.com) applies to your use of your First State Bank of Wyoming debit card in the Wallet. You agree that we may share your information with the Wallet provider, a payment network, and others in order to provide the services you have requested, to make information available to you about your First State Bank of Wyoming debit card transactions, and to improve our ability to offer these services. This information helps us to add your First State Bank of Wyoming debit card to the Wallet and to maintain the Wallet. We do not control the privacy and security of your information that may be held by the Wallet provider, and that is governed by the privacy policy given to you by the Wallet provider.

• Notices

We can provide notices to you concerning these Terms and your use of a First State Bank of Wyoming debit card in the Wallet by posting the material on our website, through electronic notice given to any electronic mailbox we maintain for you or to any other email address or telephone number you provide to us, or by contacting you at the current address we have on file for you. You may contact us at: 1-651-462-7611.

• Questions

If you have any questions, disputes, or complaints about the Wallet, contact the Wallet provider using the information given to you by the provider. If your question, dispute, or complaint is about your First State Bank of Wyoming debit card, then contact us at: (651)462-7611

BILL PAY AGREEMENT/TERMS & CONDITIONS

This is your bill pay agreement with FIRST STATE BANK OF WYOMING. You may use First State Bank of Wyoming’s online bill pay service, to direct the Bank to make payments from your designated checking account to the Payees you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures and other documents in effect from time to time governing your Account (the Account Rules).

“You” or “your” means each person who is authorized to use the service. “Payee” means anyone, including First State Bank of Wyoming, you designate and the Bank accepts as a payee.

HOW TO SET UP PAYEES/PAYMENTS

Complete a bill pay enrollment form. You may add a new fixed payment to a Payee, only if the Payee is on your authorized list of payees, and by accessing the Service and entering the appropriate information. Most other additions, deletions, or changes can be
made in writing or by using the Service. First State Bank of Wyoming reserves the right to refuse the designation of a Payee for any reason.

Each Payee accepted by First State Bank of Wyoming will be assigned a payee code. You may pay any payee you wish in the US. First State Bank of Wyoming is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your Authorized Payee list.

THE BILL PAY PROCESS

Single Payments:
A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s process date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time,
which is controlled by First State Bank of Wyoming , is currently 3:00 p.m. Central Time. A single payment submitted after the cut-off time on the designated process date will be processed on the following business day. If you designate a non-business date (generally
weekends and certain holidays) as the payment’s process date, the payment will be processed on the first business day following the designated process date.

Recurring Payments:
When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:If the recurring payment’s “Pay Before” option is selected, the process date for the new occurrence of the payment is adjusted to the first business date prior to the calculated
process date.
If the recurring payment’s “Pay After” option is selected the process date for the new occurrence of the payment is adjusted to the first business date after the calculated process date.

Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.

FOR SINGLE AND RECURRING PAYMENTS:
You must allow at least five (5) business days, prior to the due date, for each bill payment to reach the payee. (For midwest subscribers, allow 7 days and for west coast subscribers, allow 8 days.) Any bill payment can be changed or canceled, provided you access the Bill Pay Service prior to cut-off time on the business day prior to the business day the bill payment is going to be initiated.
You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations you have to First State Bank of Wyoming. First State Bank of Wyoming reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and First State Bank of Wyoming has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand. You further agree First State Bank of Wyoming, at its option, may charge any of your accounts with the Bank to cover such payment obligations.

First State Bank of Wyoming reserves the right to change the cut-off time. You will receive notice if it changes.

Liability
You are solely responsible for controlling the safekeeping of, and access to, your Personal Identification Number (PIN). You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you
want to terminate another person’s authority, you must notify First State Bank of Wyoming and arrange to change your PIN. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. First State Bank of
Wyoming is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. First State Bank of Wyoming is not liable for any failure to make a Bill Payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a Payee for a Bill Payment. First State Bank of Wyoming is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank’s agent. In any event, First State Bank of Wyoming will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Financial Institution has knowledge of the possibility of them. First State Bank of Wyoming is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution’s reasonable control.

Amendment and Termination
First State Bank of Wyoming has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on the Financial Institution’s records, by posting notice in branches of the Financial Institution, or as otherwise permitted
by law.

First State Bank of Wyoming has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to the Financial Institution. First State Bank of Wyoming is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by First State Bank of Wyoming on your behalf.

Fees
Online Bill Payment fees vary based on the type of checking account you have with First State Bank of Wyoming.

Go Green customers, Advantage, Advantage Plus & Prime Time Checking Customers: Online Bill Payment is a free service. You are allowed an unlimited number of payments. However, If you do not use the account for 3 months and you do not request the bill pay account be closed you will be charged a $4.95 per month inactivity fee.

Commercial Accounts: Enhanced Bill Payment Service offers additional security features.
It is available at a cost of $14.95 per month for 20 payments, plus 50 cents per payment thereafter.

Additional Charges for Customer requested Services and Other Items 

These charges will only be assessed if you request one or more of the services listed here.
There will be NO Charge for any item if needed to correct a Financial Institution error.

• Written Correspondence to Payee: $10.00
•  Per proof of Payment not necessitated by a dispute: $10.00
• Payments returned due to customer error: $5.00
• Insufficient Funds or Overdraft Fee, per item: $30.00, $120.00 daily maximum
• Expedited Payment Fees will include: Overnight Fee: $14.95, 2nd Day Fee: $9.95
• Reinstate Fee: $50.00
• Gift Check Fee: $2.99
• Charitable Donations Fee: $1.99

First State Bank of Wyoming reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred.

Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.

E-Statement Services Disclosure and Agreement

Your consent is required before subscribing to First State Bank of Wyoming eStatements Service. The Electronic Signatures in Global and National Commerce Act (ESIGN) and other laws and regulations require us to obtain your affirmative consent to electronic delivery of your periodic statement, associated disclosures and notices required under Federal and/or State laws or regulations. Please read this eStatements Services Disclosure and Agreement carefully and save or print a copy for your records.

This service is an additional feature available only to those who use First State Bank of Wyoming’s Online Banking. As a user of FSBW Online Banking you are not required to subscribe to our eStatements Service.

Consent to Receive Electronic Statements: 
You are consenting to receive your personal/business checking or savings account statements, associated disclosures, and notices (that we now provide to you in printed form) in electronic form and to all the terms and conditions of this agreement. Your electronic statements will contain the same content as the paper version supplied by the Bank. This information includes balances, account activity, electronic transfer information, images, documents and interest earned, if applicable.

Hardware and Software Requirements:
To use First State Bank of Wyoming Online Banking and to receive your statements electronically, your computer must have access to:
•    An Internet web browser which is SSL-compliant and supports 128 bit encryption;
•    Access to the Internet through an Internet or other service provider;
•    An email account and email software capable of receiving attachments up to 1 MB.
•    A personal computer with at least 64 MB RAM, an operating system and all necessary telephone lines, Internet or other connections and equipment capable of supporting the foregoing requirements and necessary to access the Services, including any Internet-enabled wireless devices, such as personal digital assistants and cellular telephones, you may use to access the Services; and Adobe Acrobat Reader software version 6.00 or higher; sufficient electronic storage capacity on your computer’s hard drive or other data storage unit, or a printer that is capable of printing from your Internet Web browser and email software.

These hardware and software requirements must be satisfied at your own expense.

You may not consent to receive your account statement(s) electronically under this agreement if you do not have the capacity to print or to retain the electronically delivered e-statements.
We will give you Notice of any change to these hardware and software requirements if the proposed change will adversely affect your ability to access, receive and retain subsequent electronic statements from us. You will have the right to withdraw your consent at that time.
Cancelling your Consent to Electronic Delivery:
If you agree to receive statements electronically, you have the right to cancel your consent at any time, at no cost to you unless it is a feature of the applicable deposit account. Cancelling this Agreement will result in First State Bank of Wyoming sending your paper account statements and disclosures to the address the Bank has on file.
You must comply with the following procedures to cancel your e-statement Service. Contact a Customer Service Representative at 651-462-7611, Monday through Friday during regular business hours or notifying us in writing at First State Bank of Wyoming, PO Box 308, Wyoming, MN 55092.
Your withdrawal of consent will be effective within 30 business days after the Banks receipt of your request.
Banks Right to Revoke Consent:
First State Bank of Wyoming reserves the right to change, suspend, or eliminate all or any aspect of the e-statements Services Agreement upon notice to you.

Operation of Online Account Statement:
We will be sending to your email address a notice that statements are available for viewing. Following the notification, you will need to access First State Bank of Wyoming’s website, www.fsbwyoming.com, using your normal Online Banking login procedure.  Your statements will be available to you through Online Banking for one year to either print or to save electronically. The same terms apply with respect to electronically delivered bank statements as for those delivered in paper form. Deposit agreements and disclosures that you have previously received from First State Bank of Wyoming remain in effect. You are consenting to receive notice of future changes to deposit agreements and disclosures via electronic communication. You also agree to maintain an active email address in your First State Bank of Wyoming Online Banking account for electronic notification purposes.
You also agree to following:
•    Responsibility to maintain First State Bank of Wyoming Online Banking Services: This service is dependent on you maintaining an active First State Bank of Wyoming Banking Account. To keep your Online Banking Account active, you must sign on at least once every six months. If your First State Bank of Wyoming Online Banking Account is terminated due to inactivity or any other reason, you will no longer be eligible for e-statements Service. Following cancellation of Statement Service, we will resume sending your account statement(s) in paper form through the mail.
•    Updating your Email Information:  You must keep us informed of any changes to your email address. You will need to update your e-mail address under the Delivery option within Online Banking.
•     Undeliverable Mail: In the event that we are unable to deliver the email message notifying you that your e-statements is now available, we will make every effort to validate the email address provided. If we are still unable to successfully deliver this email message, your statement will be printed and mailed to the mailing address on record, in a timely manner. Your consent to receive e-statements will no longer be valid and you may receive a monthly service charge per the account terms and conditions.

Request for copies of Paper Statements:
You have the right or option to have statements provided or made available on paper or in non electronic form. You may make this request of any statement and or other information received electronically under this Agreement by notifying us. All requests must include the applicable account number(s) and specific period(s) for which the statement is requested. Paper copies are available at our current Account Research Fee.

Liability:
First State Bank of Wyoming will not be responsible for consequential or incidental damages for First State Bank of Wyoming’s performance under this Agreement, damages arising from unauthorized access to First State Bank of Wyoming’s Online Banking, damages arising from your inability to access your online account e-statements, including computer, email and internet malfunctions, or any costs associated with updating, modifying or terminating your software or hardware.
Confidentiality:
You agree to maintain the confidentiality and security of your online account login and password.
Verification/Confirmation of Electronic Access:
We will verify your ability to receive e-statements electronically by:
1. Confirmation of Email Address: We will send you a welcome email message from fsbwyoming.com.  This means your request has been received and is being processed. You will be notified if for any reason we are unable to process your request.   You should notify us within 7 days if you have not received an email confirming your enrollment.
2. Verification of Ability to Access documents in PDF format:  Previous account statements are currently available for viewing under the Statements Option.  By signing below you acknowledge that you have previewed your statements online and that you are able to access all statements, disclosures and other information provided to you in electronic format.
You acknowledge that you have read, understood, agreed and printed a copy of this Agreement. This Agreement is binding for all accounts, listed above, that you have opted to receive e-statement for.  You can withdraw this request by sending a written request to the address noted above.

MOBILE DEPOSIT CAPTURE SERVICES TERMS AND AGREEMENTS

This Mobile Deposit Capture User Agreement contains the terms and conditions for the use of First State Bank of Wyoming Mobile Deposit Capture services that First State Bank of Wyoming may provide to you. Other agreements you have entered into with First State Bank of Wyoming, including the Deposit Account Agreement and Disclosures governing your First State Bank of Wyoming account, are incorporated by reference and made a part of this Agreement.

Services
The mobile deposit capture services are designed to enable you to take a snapshot of a check with your Smart phone or tablet and deposit it into your checking account through the First State Bank of Wyoming Mobile Banking app.

Fees 

This service is provided to you free of charge.  We may with at least 30 days’ notice to you implement a fee for this service.  If you continue to use the service after the fee becomes effective you agree to pay the fee, which may change from time to time.  You are responsible for any fees that your wireless carrier may charge you.  Service charges may be assessed for checks deposited in accordance with First State Bank of Wyoming’s Deposit Account Agreement(s).

Acceptance of these Terms

Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via email or on our website by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, First State Bank of Wyoming reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.

Limitations of Service

When using the Service, you may experience limited access over some mobile carriers.  In addition, the service may not be compatible for all devices. First State Bank of Wyoming cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues or any errors or delays this may cause. We are not responsible for any cost of upgrading the Device to remain current with the service.  We are not responsible for any damage to the Device or the data within. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you. In the event the Service is unavailable, you may deposit original checks at our branches or by mailing the original check to:
First State Bank of Wyoming, PO BOX 308, Wyoming, MN 55092.

Hardware and Software

In order to use the Services, you must obtain and maintain, at your expense, compatible mobile devices.  First State Bank of Wyoming is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.<

Security

You agree to keep your mobile device secure and to close your Mobile Banking App when not in use.  If you suspect your mobile device is lost or stolen, you must notify First State Bank of Wyoming immediately at 651-462-7611.

Ineligible Checks

You agree that you will not use the Services to take a snapshot of any checks that are listed below:

•  Checks payable to any person or entity other than you.
• Checks containing obvious alteration to any of the fields on the front of the check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
• Checks drawn on a financial institution located outside the United States.
• Checks not payable in United States currency.
• Checks dated more than 6 months prior to the date of deposit.
• Checks prohibited by First State Bank of Wyoming’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your First State Bank of Wyoming account.

Deposit Limits

We reserve the right to impose and modify limits on the amount and/or number of deposits that you transmit using Mobile Deposit.  You agree that you may have your deposit rejected for exceeding the limits.  You agree that you may have to deposit the check by means other than Mobile Deposit.  You may call us at 651-462-7611 for more information on deposit limits.

Image Quality

The snapshot of the check deposited to your account must be legible.  The First State Bank of Wyoming Mobile Deposit Capture Services may ask you to retake the photo if it is illegible. If your deposit is rejected, the First State Bank of Wyoming will notify you by email or by phone.

Endorsements and Procedures

You agree to restrictively endorse any item captured through the Services as “For mobile deposit only” followed by your signature. You agree to follow any and all other procedures and instructions for use of the Services as First State Bank of Wyoming may establish.

Receipt of Items

We reserve the right to reject any check captured through the Services, at our discretion. We are not responsible for checks we do not receive or for images that are dropped during transmission.  You will be responsible for the charges if your account is negatively affected.

Availability of Funds

You agree that items captured using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the service is received and accepted before 4:00 pm Central Standard Time on a business day that we are open, we consider that the day of your deposit.  Otherwise we will consider that the deposit was made the next business day we are open.  First State Bank of Wyoming may delay availability of funds based on such factors as creditworthiness, the length and extent of your relationship with us, transaction experience information, and such other factors as First State Bank of Wyoming in its sole discretion deems relevant.

Disposal of Captured Checks

Depending on your mobile device operating software, you may receive a confirmation page or a message that states the images processed successfully.  Once you have received either message, you agree to prominently mark the check as “Electronic Deposit on DATE”.  DATE being the month, day and year of the deposit.  You agree never to represent the item.  You will store the item in a secure location for 60 days, after which you will promptly destroy the item.

Request for Original Check

You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to First State Bank of Wyoming as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any check.  If the original check has been destroyed, you will be responsible for providing a replacement check.

Termination

The Customer may terminate the Service by providing written notice to the First State Bank of Wyoming.  Termination of such service will be completed within three business days after First State Bank of Wyoming receives written notice of termination from the customer.  First State Bank of Wyoming may also terminate or suspend the services immediately without notice to the Customer if any of the following occurs:

• Customer becomes insolvent, or has filed against it, any bankruptcy or other insolvency, reorganization, liquidation, or dissolution proceeding of any kind.
• A material adverse change occurs in Customer or Customer’s financial condition.
• First State Bank of Wyoming has reason to believe that the Customer may have engaged in fraudulent or illegal activity.
• Customer fails to provide financial information reasonably requested by First State Bank of Wyoming.
• First State Bank of Wyoming determines it is impractical or illegal to provide the Service because of changes in laws, regulations, or rules.
• First State Bank of Wyoming, at its sole discretion, decides to unilaterally terminate the Service at any time for any reason whatsoever.  Notwithstanding any termination, the terms of this Agreement shall apply to all transactions, which have been initiated prior to termination.

Errors

You agree to notify First State Bank of Wyoming of any suspected errors regarding checks deposited through the Services right away, and in no event later than 60 days after the applicable First State Bank of Wyoming account statement is sent. Unless you notify First State Bank of Wyoming within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against First State Bank of Wyoming for such alleged error.

Presentment

The manner in which the items are cleared, presented for payment, and collected shall be in First State Bank of Wyoming’s sole discretion subject to the Deposit Account Agreement and Disclosures governing your account.

Ownership & License

You agree that First State Bank of Wyoming retains all ownership and proprietary rights in the Services, associated content, technology, and app. Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the services.  Without limiting the restriction of the foregoing, you may not use the Services:

• in an anti- competitive manner
• for any purpose which would be contrary First State Bank of Wyoming’s business interest
• to First State Bank of Wyoming’s actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

DISCLAIMER OF WARRANTIES

You agree your use of the services and all information and content (including that of third parties) is at your risk and is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of the services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We make no warranty that the service:

• Will meet your requirements
• Will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from the service will be accurate or reliable
• Any errors in the services or technology will be corrected

LIMITATION OF LIABILITY

You agree that First State Bank of Wyoming will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data, or other losses resulting from the use or the inability to use the services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this services, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if First State Bank of Wyoming has been informed of the possibility thereof.

User warranties and indemnification

You warrant to First State Bank of Wyoming that:

• You will only transmit eligible items.
• Images will meet the image quality standards.
• You will not transmit duplicate items.
• You will not deposit or represent the original item.
• All information you provide to First State Bank of Wyoming is accurate and true.
• You will comply with this Agreement and all applicable rules, laws and regulations.
• You agree to indemnify and hold harmless First State Bank of Wyoming from any loss for breach of this warranty provision.

Other terms

You may not assign this Agreement. This Agreement is entered into in Minnesota and shall be governed by the laws of the State of Minnesota and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.

First State Bank of Wyoming Person to Person (P2P)

E-SIGNATURE AND ELECTRONIC DISCLOSURES AGREEMENT

You are signing up to use the First State Bank of Wyoming’s (“Bank”) P2P service powered by Acculynk that allows you to send funds to another person.  This E-Signature and Electronic Disclosures Agreement (“E-Sign Agreement”) applies to all communications, documents, disclosures and electronic signatures related to the products, services and transfers offered or accessible through the Service offered by your Bank for all cardholders, authorized users, account owners, account signers, applicants, and any other person using this Service as a Sender or Recipient or registering to use this Service.

Agreement to Conduct Transactions by Electronic Means

You agree to conduct the transfers offered through the Service by electronic means and acknowledge that all documents, disclosures, forms and other information related to such transactions will be provided to you through a mobile or web-based electronic interface or email. Each time you use this Service and submit information to the Bank you agree to the electronic access, receipt and acceptance of documents, disclosures and forms. You may not use this Service unless you agree to receive documents by electronic means. You further agree that you intend to electronically contract with us for the Service and that all transactions completed through this Service will result in valid and legally binding agreements. You also agree that you have adequate access to a computer or mobile phone with sufficient internet connectivity to conduct these transactions online. You acknowledge that you meet the hardware and software requirements to access this Service as described below.

Agreement to Use Electronic Signatures

By checking the “I accept the terms of service” check box you are electronically signing this E-Sign Agreement and the Terms of Use related to the Services. You specifically agree that any electronic signatures that you provide through this online process are valid and enforceable as your legal signature. You acknowledge that these electronic signatures will legally bind you to the terms and conditions contained in the E-Sign Agreement and Terms of Use documents just as if you had physically signed the same documents with a pen.

Agreement to Receive Disclosures Electronically

You agree to receive all legal and regulatory notices, disclosures and other communications associated with your registration or use of this Service through electronic means including web-based electronic interface, mobile phone interface or email.

Availability of Printed Copies

We recommend that you print and retain copies of any of the E-Sign Agreement and Terms of Use, disclosures, or other related documents from your computer, mobile phone or other access device associated with all transactions utilizing the Service. There is no charge for you to download and print these documents.

Contact Information

To use this Service you must provide your current email address so that we can send you important information related to your use of this Service. You may review and update the personal information maintained about you in the “Account Settings” section of the Site at any time to ensure that it is accurate.

Hardware, Software and Operating System

The requirements for accessing our online systems to use this Service and access disclosures are as follows: You must use a computer or smart phone to use this Service. You must have a device that uses a supported version of one of the following browsers: Internet Explorer, Firefox, Chrome, or Safari. You may also use a mobile phone application developed for this Service if your mobile phone supports it. You are responsible for installation, maintenance, and operation of devices used to access this Service. Bank is not responsible for errors, failures, or malfunctions of any device used or attempted to be used for access to this Service. Bank is also not responsible for viruses or related problems associated with use of these online systems.

Bank P2P Service Agreement and Terms of Use (“Terms of Use”)

These Terms of Use set forth the terms and conditions under which the Service is offered. The Service allows a Sender to transfer funds to a Recipient through electronic means. These Terms of Use affect your rights, you should read them carefully. Unauthorized use of these systems is strictly prohibited and is subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18, U.S. Code Sec. 1001 and 1030. Bank or its Service Provider may monitor and audit usage of this system.  You are hereby notified that the use of this system constitutes consent to such monitoring and auditing.
Any Account accessed through the Service is also subject to the terms and conditions of your Account (“Account Disclosures”). You should review the Account Disclosures carefully, as they may include transaction limitations and fees that might apply to your use of the Service.

Definitions

“Account” or “Accounts” refers to any accounts that may be debited or credited with funds under these Terms of Use.“Recipient” means the cardholder to whom the Sender transfers funds.“Sender” is the Bank Cardholder that transfers funds to another person through the Service.“Service” means the P2P service powered by Acculynk that allows a Sender to send funds to Recipient.“Service Provider” is Acculynk a company that arranges for person-to-person payments to customers of any U.S. financial institution.“Site” is the Service Provider’s electronic location accessed by a user through a mobile phone, computer or other access device.“Transfer” means an electronic movement of funds from an account at Bank to an account of another party by means of the Service.“Transfer Instructions” are the information that you provide when using the Service.“Us,” “We,” and “Our” means Bank.“You” and “Your” mean each person who applies or registers to use the Service and each person who uses the Service, including both the Sender and Recipient of a Transfer.

Description of Service and Consent

Bank debit cardholders may send one-time Transfers to Bank customers or a depositor of another financial institution. Notice is given to the Recipient by the Sender providing the Recipient’s email address or mobile phone number. You may originate these Transfers by use of a computer or a mobile smart phone. You may register for the Service which will make future Transfers more convenient for you. To use this Service you are providing information to our Service Provider from your mobile phone, desktop, laptop, or other computer. Service Provider is a vendor of Bank.By participating in the Service, you are representing to the Bank that you are the owner or you have the authority to act on behalf of the owner of the mobile phone number or email address you are using to send or receive messages regarding Transfers. In addition, you are consenting to the receipt of emails or automated text messages from the Bank or its agent, regarding the Transfers and represent to the Bank that you have obtained the consent of the Recipients of your intended Transfers. Funds may be transferred to any account in the United States as long as the Transfer is legal and allowed by the financial institutions involved.

Eligibility

Individuals aged 18 years and older with a debit card issued by Bank are eligible to use this Service to send funds to a Recipient. Any individual age 18 years and older with an account in the United States that may receive POS or ACH transactions may use this Service to receive funds that are transferred by the Sender. The Service is not offered to individuals under the age of 18. Other restrictions and eligibility requirements apply as described in this Agreement or other disclosures.  Bank does not knowingly collect any personal information from or about individuals under 18 years of age. Please do not submit such information to the Bank, and as a parent or legal guardian, please do not allow your children to submit personal information without your permission. By using the Site or the Service, you represent that you meet these requirements.

Transfers

You may make one-time Transfers by entering your debit card number and email address. The Sender provides the Recipient’s email address or mobile phone number, and the Service uses this information to notify the Recipient. A Recipient must accept the Transfer within 10 days, or the Transfer will be cancelled and reversed. During this period, funds will be removed from the Sender’s Account for the amount of the Transfer and the fee. Once the Recipient has successfully accepted the Transfer, funds will be sent to the Recipient’s financial institutions for deposit to the Recipient’s account. If the Sender and Recipient are both Bank customers enrolled in the Service, Transfers will be immediately debited from the Sender’s Account and reflected in the Recipient’s Account. If the Sender and Recipient are both enrolled in the Service but are customers of different financial institutions, Transfers will be immediately debited from the Sender’s Account and will be delivered to the Recipient’s financial institution once claimed. Bank is not responsible for any failure of another financial institution to timely credit its customer’s account. You acknowledge and agree that Transfers will be completed using only the email address or mobile phone number you enter even if it identifies a person different from your intended Recipient. The name you enter will help you identify your intended Recipient in the drop down menu and your transaction history but will not be used to process payments. You must accurately enter the Recipient’s email address or mobile phone number since your obligation to pay for the Transfer will not be excused by an error in the information you enter. Transfer Instructions relating to external accounts and the transmission and issuance of data related to such Transfer Instructions shall be received pursuant to the terms of this Agreement, and the rules of the National Automated Clearing House Association (“NACHA”) and the applicable automated clearing house, as well as any EFT Network, or networks, utilized to automate the transfer of funds and governed by Regulation E, (collectively, the “Rules”).  The parties agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to an Account shall be provisional until the Bank or the third party institution, which holds the account, has finally settled such credit. It is the responsibility of the Sender and Recipient of funds to provide accurate information. You agree that you as Sender are authorized to withdraw or as Recipient are authorized to deposit funds into the Accounts whose numbers you provide or into the Accounts associated with the card number you are providing. You authorize the Bank, directly or through third parties, to make any inquires considered necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your information against third party databases or through other sources. You authorize the Bank to debit your account to complete the Transfer you request. If you are receiving funds, you authorize the crediting of your account using card networks or NACHA

Sender Acknowledgment

By using this Service you, as the Sender, authorize the sending of an email or text message instructing the Recipient how to receive the funds that you are sending. You are further authorizing any Recipient of this message to act on the instructions to receive the funds you are sending. You acknowledge that any party receiving the email message at the email address you provide or text message at the mobile phone number you provide may obtain the funds you are sending. You acknowledge and agree that we are not responsible for determining the identity of the party who receives the email or text message and acts upon the email or text message you provide. Your funds may not reach the intended Recipient because of errors made by the Sender or Recipient and you could lose all the funds. The funds that are credited to the account cannot be recalled by us. If you suspect that you have entered information incorrectly, call us immediately and we may be able to cancel the Transfer.  We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Sender’s instructions. Furthermore, we may reject any Transfer request and may terminate your use of this Service for any reason including attempting insufficient funded Transfers.

Recipient Acknowledgment

By using this Service you as the Recipient are confirming that you are the person to whom the Sender intends to transfer funds. As the Recipient, you will be asked to provide your debit card information that will be used to transfer funds to your Account. If you choose not to provide your debit card information or your institution does not participate, you will be asked to provide account information including account number and routing information for your financial institution. In this case the funds will be transferred through the Automated Clearing House (ACH). It is important that you enter accurate information. You agree that Bank, the receiving financial institution and our Service Provider may rely solely on the instructions you provide. If you enter inaccurate cardholder or account number information the funds may be deposited into another person’s account. You acknowledge that the financial institution may make the deposit based on the account number or card number you provide even if those numbers do not correlate to the name that you provide. Retrieval of these funds will be the Recipient’s responsibility to work with the financial institution to which the funds were sent. You may lose all the funds that were transferred. The funds that are credited to the account cannot be recalled by us. If you suspect that you have entered information incorrectly or that you have received funds in error, call us immediately and we may attempt to cancel the transaction. We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Recipient’s instructions.By using this Service you agree that you are the intended recipient of the email or text message and that you are the intended recipient of the funds. If you are not the person to whom the funds are intended then you agree to take no further action. You understand that it is a federal felony to use another person’s identification with the intent to commit unlawful activity. You represent that the information you are providing is your true and correct information. If any information you provide is fraudulent, Bank reserves the right to recover all costs or losses from you, regardless of whether such costs or losses are incurred directly or indirectly.

Fees and Limitations on Transfers

You may transfer up to $500 per transaction. The Bank may establish a limit on the number of Transfers and on the total dollar amount of Transfers that can be attempted or completed in one day. You may send multiple Transfers each day; a separate fee is charged for each Transfer you send. We may modify the amount and frequency of Transfers at any time for security reasons or due to account activity.Funds may be transferred from the account from which the debit card is authorized to transfer funds. Such transfers may overdraft your account and may result in a transfer from another account to cover the overdraft. In any of these situations, a transfer fee will be charged, as applicable. You may be denied service for insufficient funds in your account. You will be responsible for any other transaction fees that apply to your Account. Please note that your mobile carrier may charge you for text messaging. Please check your mobile service agreement for details on applicable fees. The receiving institution may have limits on the number and type of Transfers allowed. Your financial institution may also charge a transaction fee.

Timing of Transfers

Transfers to remove the funds from the Sender’s Account may take place immediately. However, the timing of funds received will depend on when the Recipient responds to the email and when their financial institution posts the Transfer. The posting of the Transfer is dependent on the business days of that institution.

Issues Affecting the Posting of Transfers

You authorize us to debit your account to complete the Transfer you request. If you are receiving funds, you authorize the Bank to credit your Account using card networks/switches or NACHA.Other events may affect the timing or success of a Transfer reaching the intended Recipient. Such events may include, but are not limited to, errors made by the Sender or Recipient in entering information, inaccurate account or card number information, delays in posting by the receiving institution, acts of God, and network and NACHA interruptions. If we believe the Transfer may be illegal, we may decline or reverse the Transfer. The receiving institution may choose not to post the Transfer or to delay posting the Transfer. Neither the Bank nor the Service Provider is responsible for any delays in the Transfer of funds or the posting of funds to the Recipient’s Account. You may have certain rights and responsibilities regarding the failure to timely post transactions and you are encouraged to pursue dispute resolution with the receiving financial institution. Financial institutions have rules and regulations that govern their accounts. Some of these regulations may not allow a POS or ACH transfer of funds. You are responsible for ensuring that these types of Transfers are allowed for the Account that you specify. For example, an IRA may not allow electronic transfers directly into the Account. We are not responsible for any action or lack of action taken by the financial institution that delays, inhibits, or prevents the posting of the Transfer to the Account.

Security

The Sender and Recipient of funds may choose to register for this Service to simplify their future use of the Service. They will be asked to create a username and password and you are responsible for keeping them secure. We will not ask you for your password. If the financial institution contacts us or our Service Provider for information regarding your Account, you authorize us to discuss the Transfer and the account information you have provided.

Cookies, Browser Information and Related Issues

When you visit the Site, the Service Provider may receive certain standard information that your browser sends to every website you visit, such as the originating IP address, browser type and language, access times and referring website addresses, and other information. This data may be used, among other uses, to improve the operation of the Site and to improve the security of the Site and Service by assisting in “authenticating” who you are when you access the Site or Service, particularly if you register for the Service and are issued or create a username and password.The Service Provider may also receive additional information about your visit to the Site, including the pages you view, the links you click and other actions you take in connection with the Site and the Service. This data may be used, among other uses, to improve the operation of the Site and the Service. Like most websites, the Site also uses “cookies,” which are small data files placed on your computer or other device by the web server when you visit the Site. Most such cookies are “session” cookies that are only used for a specific period during which you are on the Site, but a few are “persistent” cookies that stay on Your hard drive and are read by the web server when you return to the Site (unless you erase them). The Site uses cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits to the Site. These cookies are linked to personal information about you, such as your email address. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. However, if you choose to decline cookies, you may not be able to sign in or use other interactive features of the Site that depend on cookies. You may encounter the Service Provider’s cookies or pixel tags on websites that we do not control. For example, if you view a web page created by a third party or use an application developed by a third party, there may be a cookie or pixel tag placed by the web page or application.

Access to Information about You

You may review and update the personal information maintained about you in the “Manage Account” section of the Site at any time to ensure that it is accurate.Once you close your Accounts with the Bank or you no longer have a debit card, you may no longer send Transfers. However your Account information will be maintained for a retention period to accommodate any residual issues that may arise.

Amendments

Bank may amend these Terms of Use or any other disclosures at any time by posting a revised version on the Site. The revised version will be effective immediately at the time it is posted, unless a delayed effective date is expressly stated therein. Bank may also provide you with an email notification of such amendments.  The Bank may require you to affirmatively acknowledge or accept the revised Terms of Use in order to continue using the Service. Any use of the Service after a notice of change (whether by Site posting, email, or express acknowledgment or acceptance) will constitute your express agreement to such changes.

Limitations of Warranties

The site and service and related documentation are provided “as is” without waranty of any kind, either express or implied, including, but not limited to, the impled 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 site may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer or certain implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state. The foregoing shall constitute you exclusive remedies and the entire liability of bank and its affiliates and service providers and the employees and contractors of each of these, for the service and the portion of the site through which the service is offered. You acknowledge and agree that from time to time, the service may be delayed, interrupted or disrupted periodically 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 service, whether caused by strikes, power failures, equipment malfunctions or other reasons.

Limitation on Liability

In no event shall bank or its affiliates or service providers or the employees or contractors of any of these, be liable for any claim arising from or related to the service caused by its affiliates or service providers or the employees or contractors of any of these, be liable for any indirect, special, incidental, consequential, or exemplary damages, including 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 service or the portion of the site through which the service is offered, even if such damages were reasonably foreseeable and notice was given regarding them.

Limitation on Damages

Bank’s aggregate liability and the aggregate liability of its affiliates and service providers 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 the maximum of $500 (Five hundred dollars). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitations may not apply to you.

Time for Making a Claim

In no event shall bank or its affiliates or service providers or the employees or contractors of any of these be liable for any claim arising from or related to the service or the portion of the site through which the service is offered that you do not state in writing in a complaint filed in a court of competent jurisdiction 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.

Indemnification

You agree to indemnify, defend, and hold Bank and its affiliates, officers, directors, employees, consultants, agents, service providers and licensors harmless from any and all third party claims, liability, damages, and/or costs (including but not limited to reasonable attorneys’ fees) arising from your use of the Service, our reliance on the Transfer instructions and other information you provide, the performance or non-performance of other financial institutions, or other signers, owners or users of your Accounts.

Severity

If any provision of these Terms of Use are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force. This site is created and controlled by First State Bank of Wyoming in the State of Minnesota. As such, the laws of the State of Minnesota will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

Contact Us

If you have any questions about this Service or this Agreement, you may contact us at the phone number or postal address below:

First State Bank of Wyoming
Customer Service (651)462-7611
26741 Felton Ave – PO Box 308 – Wyoming, MN  55092

Disclosure Access
You may access Our Privacy Policy at by clicking here relating to the collection and use of your information.