Online Banking Agreement & Authorization

This Agreement is subject to the laws of the United States of America and the State of Wisconsin. If any provision of the Agreement is found to be unenforceable according to its terms, all remaining provisions shall continue in full force and effect. The headings of the Agreement are for reference purposes only and will not govern the interpretation of any provisions of the Agreement. Any waiver, express or implied by either party, of any default or breach of the Agreement must be in writing and shall not constitute a waiver of any subsequent breach or default. You may not assign the Agreement. The Agreement is binding upon your heirs and the Banks’ successors and/or assigns. Certain obligations of the parties of the Agreement shall survive the termination, cancellation, or expiration of the Agreement. This Agreement, together with the Enrollment Form, constitute the entire legal agreement between you and the Bank. To the extent there is any conflict between any statement made in this Agreement and the Account Documents, the Agreement shall govern. The Agreement shall remain in full force until revoked in writing. There are no understandings or agreements relative hereto that are not fully expressed herein. 

1. As used in this Agreement, “we,” “our,” “us,” and “Bank” mean Unity Bank. “You” and “your” refer to the account holder(s) authorized by the Bank to use ONLINE BANKING under this Agreement, and anyone else authorized by the account holder(s) to exercise control over the account holder's funds through the use of ONLINE BANKING. “Account” or “Accounts” mean your account(s) at Unity Bank.
2. “Account” means a checking, money market or savings account or any transaction account as applicable.
3. “Electronic Funds Transfers” and “Transfers” mean any ATM withdrawals, preauthorized or point-of-sale transactions, and transfers to and from your Bank Account(s) using ONLINE BANKING. “
4. “Services” means the services provided pursuant to this Agreement.
5. “Business Day” means any day Monday through Friday, excluding Federal Holidays or other days that banks are legally closed.
6. “Hours of Access” means seven (7) days per week, twenty-four (24) hours per day. Some or all ONLINE BANKING functions and services may occasionally be unavailable, due to emergency or scheduled maintenance. We agree to post notice on the Bank website if ONLINE BANKING will be unavailable for any extended periods of time.
7. “Electronic Access Device” – a standard or traditional desktop computer or PC laptop or a mobile device.
8. “Mobile Device “– a smart phone, tablet or similar device that is installed with software required by Unity Bank (or available on the “Apple Store or Google Play Store”) to use in conjunction with online banking services.

automatically renewed each time you login to Online Bank and/or use Online Banking services to conduct a transaction. You are solely responsible for obtaining all hardware, software, and equipment necessary to use the Online Banking Services.  

Transfer to and from your Account(s) will appear on the respective periodic statement(s) for your Account(s).

10.Your Right to Terminate. You may terminate your ONLINE BANKING Services at any time by providing written notice to us, via the U.S. Postal Service or fax. Your access to ONLINE BANKING will be suspended within three (3) Business Days of receipt of your written termination notice. You will be responsible for all fees and services outstanding and incurred prior to the date of the termination of your ONLINE BANKING. In the event that you close your Account(s), you will also be responsible for ensuring that you have sufficient funds to cover any Transfers or transactions initiated prior to the termination of your ONLINE BANKING and/or Account(s) closing.

11.Communication Between You and The Bank. Unless this Agreement provides otherwise, you may communicate with us in any of the following ways:

1. Telephone: Call us at 1-877-889-6847
2. U.S. Postal Service: Write to us at Unity Bank, Deposit Operations, 207 W Lincoln Street, PO Box 461, Augusta, WI 54722.
3. In Person: Visit us at any of our locations.

ALERTS 

1.Introduction. Your enrollment in Unity Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Unity Bank account(s). Alerts are provided within the following categories:

1. Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
2. Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and Mobile Banking deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
3. Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within Unity Bank Online Banking and Alerts menu within Unity Bank Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your Mobile Banking device. We may add new Alerts from time to time or cancel old Alerts. We usually notify you when we cancel Alerts but are not obligated to do so. Unity Bank reserves the right to terminate its Alerts service at any time without prior notice to you. 

GENERAL TERMS FOR EACH SERVICE 

1. 1. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
      
   2. Payments that violate any law, statute, ordinance or regulation; and
      
   3. Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
      
   4. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
      
   5. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
      
   6. Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, equities, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges (including digital currencies such as bitcoin), or check cashing, or (6) provide credit repair or debt settlement services; and
   7. Tax payments and court ordered payments.

Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

14.Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

1. You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
2. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;
3. Service Provider is authorized to report the facts concerning the return to any credit reporting agency.

1. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes. 
2. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.

1. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above.
   
   
2. If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
1. Tell us your name;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
   
   
3. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

1. "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
   
   
2. "Affiliates" are companies related by common ownership or control.
   
   
3. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
   
   
4. "Eligible Transaction Account" is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.
   
   
5. "Payment Instruction" is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
   
   
6. "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
   
   
7. "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS

1. Description of Service, Authorization and Processing.

1. The term “Transfer Money Terms” means these Account to Account Transfers Additional Terms. The Account to Account transfer service (for purposes of these Transfer Money Terms, and the General Terms as they apply to these Transfer Money Terms, the "Service") enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.
2. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
3. You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of Transfer Instructions for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Transfer Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e. email, push notification).
4. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
   
   
1. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
   
   
2. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
   
   
3. The transfer is refused as described in Section 6 of the Transfer Money Terms below;
   
   
4. You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
   
   
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
   
   
5. It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

"Account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.

"Eligible Transaction Account" is as defined in Section 36 of the General Terms, except that it shall be limited to a checking, money market or savings account that you hold with us.

"External Account" is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.

"Transfer Instruction" is a specific Payment Instruction (as defined in Section 36 of the General Terms) that you provide to the Service for a transfer of funds.

Limits and Fees   

The following fees may be assessed against your account and the following transaction limitations, if any, apply to your account: 

Overdraft Charge (each debit or check paid) Checking and Savings  $30.00 

This fee applies to overdrafts created by check, in-person withdrawal, ATM withdrawal, or other electronic means. 

Overdraft Charge (Maximum charge per day) Checking and Savings  $180.00 

Overdraft Fee if negative balance is over $10.01       $30.00 per item 

Return Check Charge (each item) Checking and Savings    $30.00 

This fee applies to overdrafts created by check, in-person withdrawal, ATM withdrawal, or other electronic means. 

Return Check Charge (daily maximum) Checking and Savings  $180.00 

Continuous Overdraft *          $5.00 per day 

Fees assessed for each business day the account remains overdrawn for 5 or more consecutive business days, including an overdrawn account caused by an overdraft fee, return item fee, or similar fee. This fee is in addition to any overdraft or return item fee.   

I have read this Agreement and agree to abide by the terms and conditions of said Agreement.

Revision February 24, 2022  

Member FDIC