1. Coverage. This Agreement applies to transactions conducted with
an automated teller card ("Card") issued to you at your request,
which permits you to access through certain terminals ("terminals")
certain of your accounts established with us. This Agreement also applies to
preauthorized electronic fund transfers to and from certain of your deposit
accounts established with us. This Agreement applies to all persons that are
party to the accounts. Every person who can use the accounts is responsible
for the use of the Card. In this Agreement, the terms "you" and
"your" refer to each party to the account, and the terms
"us," "we", and "our" refer to the Bank.
Transactions and accounts governed by this Agreement are also subject to
applicable federal and Wisconsin laws and regulations and any other rules or
agreements governing or referring to the transactions or accounts, including
but not limited to account agreements, debit card rules, funds availability
rules, depository agreements and the Operating Rules of the National Automated
Clearing House Association. Except as may be specifically indicated in this
Agreement, in cases of inconsistency or conflict between the other rules or
agreements and this Agreement, this Agreement shall control.
2. Authorized Use of Card and PIN. We will issue a personal
identification number ("PIN") to you for use in connection with the
Card. You agree not to disclose the PIN to anyone other than authorized users
of the Card. If anyone uses your Card or PIN with your permission, you will be
responsible for any charges made to the account. You agree to safely keep the
Card and PIN, not to record the PIN on the Card or otherwise disclose or make
it available to anyone other than an authorized user, and to use the Card and
PIN only at terminals that accept the Card and as instructed.
3. Liability Disclosure. Tell us AT ONCE if you believe your Card or
PIN has been lost or stolen or if you believe there have been unauthorized
transfers to or from your account. Telephoning is the best way of keeping your
possible losses down. You can lose no more than $50 if someone used your Card
and PIN without your permission. If any other unauthorized transfer was made
from your account, and you do not tell us within 60 days of the date we mail a
periodic statement to you, you may not get any money you lost after the 60
days if we show that we could have stopped someone from taking the money if
you would have told us in time. You can lose no more than $50 for unauthorized
transfers occurring within 60 days after the periodic statement was mailed to
you. If a good reason (such as a long trip or a hospital stay) kept you from
telling us, we will extend the time periods.
4. Address and Telephone Number. If you believe your Card or PIN has
been lost or stolen or that someone has transferred or may transfer money from
your account without your permission, call
1-800-267-3610 or write Baylake Bank, Attn: Deposit Processing at 217 N. 4th
Avenue, Sturgeon Bay, WI 54235-2405.
5. Business Day Disclosure. Our business days are Monday through
Friday. The following holidays are not included as business days: Federal
6. Goods and Services Purchased. If a merchant accepts the Card in
payment of goods or services, and you receive credit for goods returned or
adjustments, the merchant will send us a credit slip. We will apply the credit
slip as a credit to your account. We will not make cash refunds to you on
purchases made with the Card. Unless your use of the Card results in a loan
from us to you, you must raise any claim or defense with respect to goods or
services purchased with your Card directly with the merchant who honored the
7. Chargebacks. As to any transaction which (a) involves a sale of
goods or services which is paid for directly through a terminal; (b) involves
a transfer of $50 or more from a deposit account; and (c) does not involve a
check or draft, we shall, upon receipt within three business days of the
transaction of written or oral notice from you, reverse the transaction and
recredit your account.
8. Terminal Malfunctions. Terminals and these services are available
for your convenience and we are not liable for the unavailability or failure
to operate of all or any part of a terminal. You re!ease us from liability for
personal injury or property damage incurred by you in connection with use of
the Card or any terminal and consequential damages incurred in connection with
the use of a Card or terminal.
9. Termination. We may terminate your privilege of using the Card
and may withhold approval of any transaction at any time. The privilege of
using the Card by any of you may be terminated by anyone person who can use
the accounts accessible with the Card. The Card is our property and shall be
surrendered by you to us upon request and regardless of who terminates the
Card privileges. Termination shall not affect the rights and obligations of
the parties for transactions made with the Card before the privileges are
10. Account Access. You may use your Card and PIN to accomplish the
following transactions (some of these services may not be available at all
11. Overdrafts/Credit Account. Each withdrawal or transfer from an
account is an order to us to pay from that account at that time, which we may
charge against the account even though the charge creates an overdraft. The
time required to charge or credit your account after you use your Card will
depend on the location of the terminal and the type of transaction. If you
overdraw your account you agree to immediately pay us the overdrawn amount,
together with any applicable fees. If the account is maintained in connection
with an overdraft credit plan, any overdraft will be made in accordance with
the agreement or rules governing that account rather than this Agreement. If
any account is a credit account, such as a Visa card or MasterCard card
account, you should refer to the agreement provided in connection with that
account for your rights and responsibilities relating to transactions
affecting that account in which the Card is used.
12. Transaction Limitations. Federal law limits the number of
preauthorized and automatic transfers from this account to a maximum of six
per calendar month. For money market accounts, transfers or
withdrawals made by check, draft, debit card or similar order payable to
third parties are included in the six preauthorized and automatic transfers.
Preauthorized transfers include automatic transfers to another account or to
a third party accomplished by written or oral agreement, computer payments,
telephone instructions, or Automated Clearing House (ACH) at a predetermined
time or on a regular or automatic basis. There is no restriction on
transfers to your loan account at Baylake Bank, or withdrawals made in
person, by mail or at an Automated Teller Machine (ATM).
13. Charge for Transfers. We will charge you for electronic fund
transfers the fees, if any, identified in our current fee schedule
accompanying this Agreement, as may be amended from time to time. A fee may
also be imposed by a terminal/network operator if you initiate a transfer from
a terminal that is not operated by us. You will be notified of any such fee
when you use the terminal.
14. Terminal Transfers. You can get a receipt at the time you make
any transfer to or from your account using a terminal.
15. Periodic Statements. Unless the only type of electronic transfer
that you receive is a preauthorized deposit to your passbook account, you will
get a monthly account statement. If there are no transfers in a particular
month, you will get a statement at least quarterly.
16. Passbook Account Where the Only Possible Electronic Fund Transfers
are Preauthorized Credits. If you bring your passbook to us, we will
record any electronic deposits that were made to your account since the last
time you brought in your passbook.
17. Preauthorized Credits. If you have arranged to have direct
deposits made to your account at least once every 60 days from the same person
or company, you can call us at 1-800-267-3610 to find out whether or not the
deposit has been made.
18. Preauthorized Withdrawals.
(a) Right to Stop Payment and Procedure for Doing So.
If you have told us in advance to make regular payments out of your account,
you can stop any of these payments. Here's how: Call us at 1-800-267-3610, or
write us at Baylake Bank, Attn: Deposit Processing P.O. Box 9, Sturgeon Bay,
WI 54235, in time for us to receive your request 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 14 days after you
call. We will charge you for each stop payment order you give the charge for
stopping payment identified in our current fee schedule accompanying this
Agreement as may be amended from time to time.
(b) Notice of Varying Amounts. If these regular
payments may vary in amount the person you are going to pay will tell you, 10
days before each payment, when it will be made and how much it will be. You
may choose instead to get this notice only when the payment would differ by
more than a certain amount from the previous payment, or when the amount would
fall outside certain limits that you set.
(c) Liability for Failure to Stop Payment of
Preauthorized Transfers. If you order us to stop one of these payments 3
business days or more before the transfer is scheduled, and we do not do so,
we will be liable for your losses or damages.
19. 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
-if, through no fault of ours, your account does not contain enough money
to make the transfer.
-if the money in your account is subject to legal process or other
encumbrances restricting the transfer.
-if the transfer would go over the credit limit on your overdraft credit
plan, if any.
-if the terminal where you are making the transfer does not have enough
-if the terminal or transfer 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
transfer despite reasonable precautions that we have taken.
-if incomplete or inaccurate information is forwarded by the U.S. Treasury
or through an automated clearing house.
-as otherwise indicated in this Agreement.
20. Account Information Disclosure. We will disclose information to
third parties about your account or the transfers you make: (a) to third parties
where it is necessary for completing or tracing transfers or resolving errors or
claims; or (b) to verify or disclose the existence, amount or condition of your
accounts for third parties, such as credit bureaus, merchants or other financial
institutions; or (c) pursuant to court orders and other legal process; or (d) to
comply with subpoenas, summonses, search warrants or requests from government
agencies; or (e) to comply with state or federal laws requiring us to provide
information regarding depositors and their accounts to governmental agencies; or
(f) to other companies affiliated with us, unless you have opted out of such
provide to you; or (g) to others with your consent; or (h) otherwise in
21. Amendment. We may amend this Agreement upon giving you such notice
as may be required by law, effective upon the date indicated in the notice.
22. Additional Provisions.
IN CASE OF ERRORS OR QUESTIONS
ABOUT YOUR ELECTRONIC TRANSFERS
Telephone us at 1-800-267-3610 or
Write us at
Baylake Bank, Attn: Deposit Processing
217 N. 4th Avenue, Sturgeon Bay, WI 54235-2405
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 60 days after we sent you 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
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or
question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we
hear from you and will correct any error promptly. If we need more time,
however, we may take up to 45 days to investigate your complaint or question. If
we decide to do this, we will credit your account within 10 business days for
the amount you think is in error, so that you will have the use of the money
during the time it takes us to complete our investigation. If we ask you to put
your complaint or question in writing and we do not receive it within 10
business days, we may not credit your account.
The 10 day periods in the preceding paragraph may be extended to 20 business
days, if the error involves a transfer to or from the account within 30 days
after the first deposit to the account was made.
If the error involves an electronic transfer from your account to buy goods
or services direct from a merchant, a transfer initiated outside of the United
States or a transfer that occurred within 30 days after the first deposit to the
account was made, the 45 day time period to investigate your complaint or
question will be 90 days in place of 45 days.
We will tell you the results within three 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
SPECIFIC PRODUCT DISCLOSURES & AGREEMENTS.
1. ATM/Automated Teller Card Disclosure. In order to transfer funds into or
out of your accounts using your ATM Card, it must be properly validated and you
must have a Personal Identification Number (PIN). The total amount of
withdrawals may not exceed $600 per day, including both cash withdrawals and
point-of-sale purchases. The card may be used at any ATM location accepting TYME, Cirrus and all other regional networks available to TYME users.
2. Debit Card Agreement and Disclosure Statement.
a.) 24 hour Banking Card at ATMs: The ATM portion of your debit card
may be used at designated ATMs for cash withdrawals, inquiries to account or
deposits and transfers just as you would use your ATM card described above. The
debit card may also be used at certain merchant locations for purchases where
point of sale is available. Simply enter your PIN (Personal Identification
Number) to debit funds directly from your checking account or savings account.
All fees and conditions apply.
b.) Debit Card: In addition to the uses described in (a) above, your
debit card may be used for purchasing goods at any merchant displaying the VISA
logo. Purchases made at merchant locations must come from your checking
c.) Limitations on Cash Withdrawal: You may not use your card for a
transaction that would cause the outstanding balance of any designated account
to be less than zero, unless the account has been previously linked to a Baylake
Bank Personal Reserve Account (PRA). We are not required to complete a
transaction which would overdraw your account, however, if we do, you agree to
pay us any excess amount or improperly withdrawn or transferred amount
immediately upon our request. We may stop or limit electronic transfers from
your account at any time, if it is necessary to maintain or restore the security
of the system or of your account. The following limitations apply for your
Baylake Bank Debit Card:
The cash withdrawal limit is $300 (off-line) and $600 (on-line) per
calendar day at any ATM.
The Point of Sale limit for the debit card ranges from $500 (off- line) to
$1000 or higher if approved by the bank (on-line) per day, not to exceed the
The merchant may be required to obtain an authorization from us for any
transaction over a certain dollar amount. The available balance in your
primary account will be reduced by the amount of any transaction for which
the merchant received authorization from us, even if the documentation
evidencing the transaction has not yet been received or processed by us.
When the document has cleared through us, any "hold" placed on
your account for the amount of the transaction will be released and your
primary account will be debited for the amount of transaction. You agree
that we are not responsible if we do not authorize or if we dishonor other
POS, ATM or check transactions drawn on your primary checking account while
such a hold is placed on your account.
d.) Each time you use your debit card:
At any 24-hour ATM, you will receive a receipt upon request.
At POS locations, you may receive an imprinted sales slip.
Your monthly checking account statement will show all card
If Your Debit Card is Lost or Stolen: Immediately contact Baylake Bank during
regular business hours at 1-800-267-3610 or Shazam (weeknights or weekends) at
3. Telebanc is an electronic method of access provided solely to
Baylake Bank customers using the telephone to make account inquires, transfer
funds from one of your own accounts to another, make a loan payment from your
deposit account to a loan account at Baylake or to obtain rates. The system
does not allow you to make electronic transfers to third persons or authorize
any other person to make deposits or withdrawals from your accounts. Access is
limited to you as an account holder and you are responsible for the user code
and password. Carefully protect your secure access at all times and change
your password frequently.
4. eBanc, the Baylake Bank interactive Web Site, provides internet
banking 24/7 at www.baylake.com. Using this site, Baylake customers may access
their own accounts, transfer funds between their accounts, make loan payments
at Baylake Bank and pay bills to third parties. All disclosures are posted on
the site and must be reviewed and agreed to prior to use and activation. In
addition, in order to utilize the Baylake Bank Bill Pay System, customers must
complete a Bill Pay Disclosure and Agreement form.
5. mBanc, is a Web-based application that
operates on a browser providing 24/7 banking via cell phone mBanc Mobile
Banking is a personal financial information management service that allows you
(i) access Baylake Bank account information such as balances and recent
(ii) transfer funds between your accounts at Baylake Bank;
(iii) make payments to merchants and individuals who have previously consented to
accept payments through our online bill pay service;
(iv) and make other banking transactions using compatible and supported mobile
phones and/or other compatible and supported wireless devices.
exclusively available to internet banking customers, offering self enrollment
upon successful Log In to eBanc. Upon enrollment, instructions will be sent to the enrolled cell
phone via text message with a link or directions to access mBanc mobile banking.
6. Electronic Check Conversion Checks. If we process your check which
has been scanned by merchant and converted to an electronic item only, it will
be covered under these rules for electronic funds transfers.
All general and
specific disclosures, agreements and fees as presented earlier in this section
apply. Also see "Baylake Bank Fee Schedule". Contact your nearest
Baylake Financial Center to activate use of any of the above services.