ONLINE PRIVATE BANKING TERMS AND CONDITIONS

You agree to receive these Online Private Banking Terms and Conditions (the “Terms and Conditions”) electronically or in paper form. You also agree to receive all changes and updates to these Terms and Conditions and all disclosures, notices and other communications regarding our Online Private Banking (“Online Banking”) services electronically. We may also provide you with notice of changes in the Services, any and all products and services that we my provide to your from time to time, by providing electronic alerts through email, Online Banking, or otherwise posting such changes on our website. Once we make you aware that an alert has been provided, you agree to accept responsibility for reviewing the content of any such alert. Your continued use of the affected Service after we have informed you that an alert exists is evidence of your acceptance of and agreement regarding any information or changes contained in the alert. If you choose to ignore any message and/or fail to review any alert, but continue to use the affected Service, you will be deemed to have waived your right to such notice and to have accepted any change of terms or other amendments which may be explained in the alert. You may request free paper copies of any of these documents by calling 855-257-4149 or sending an email to madisonclientservices@firstbusiness.com or milwaukeeclientservices@firstbusiness.com.

After you have enrolled, you can withdraw your consent to future electronic receipt of documents by calling 855-257-4149 or sending an email to madisonclientservices@firstbusiness.com or milwaukeeclientservices@firstbusiness.com. However, by withdrawing your consent, we may terminate your access to Online Banking.

General

These Terms and Conditions shall govern your use of Online Banking. These Terms and Conditions are in addition to the terms of the most current agreements applicable to any deposit accounts and loans (“Accounts”) that you have with us and any applicable disclosures. If you do not agree to these Terms and Conditions, you must not use Online Banking. First Business Bank reserves the right to modify these Terms and Conditions at any time, in accordance with the terms herein.

As used in these Terms and Conditions, the terms “we,” “us,” and “our” shall mean First Business Bank and First Business Bank - Milwaukee (“Bank”). The term “you” or “your” refers to each person agreeing to, using or accessing Online Banking. The term “Business Day” means Monday through Friday except for federal holidays.

Account Access

Subject to these Terms and Conditions, you will generally be able to access your Accounts through our website 24 hours a day, seven days a week. At certain times, Online Banking may not be available due to scheduled system maintenance or circumstances beyond our control. Alternatively, Account access may be gained by calling our Client Services during regular business hours. Transactions initiated on Saturday, Sunday or any federal holiday will be processed by us on the next Business Day.

Certain accounts may not be eligible for use with Online Banking at our discretion, including accounts with special signature requirements (e.g. two signature requirements). Deposit and eligible loan accounts that have common ownership for withdrawals or a common borrower may be linked for access purposes. Any signer, acting alone, will be authorized to access a linked account.

Client Services

Telephone Support is available by calling 855-257-4149 on any Business Day from 8:00 AM to 5:00 p.m. CST. You may also contact us or our Technical Support through Electronic mail (“E-mail”) at madisonclientservices@firstbusiness.com or milwaukeeclientservices@firstbusiness.com.

Online Services Available

Online Banking may be used to obtain Online Banking products and services set forth in these Terms and Conditions. In some instances balances and transaction history may only reflect activity conducted through the close of the previous Business Day.

We may, from time to time, introduce new online services. When this happens, we will update our website to include them. By using an online service through Online Banking, you agree to be bound by these Terms and Conditions, as modified at that time.

The following describes additional terms and conditions applicable to particular Online Banking services to which you may subscribe:

E-Statement Access
You shall have authority to view Account eStatements, eNotices and other electronic documents on your Account.

Funds Transfers
You may transfer funds among any checking, money market, or eligible loan Accounts maintained by you with us and you may transfer funds from any such Accounts to external Accounts owned by you.

We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time for security and risk management reasons modify the frequency of transfers you may make using Online Banking.

When requesting transfers to an external account no single transaction will exceed the set limits. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using Online Banking. We may from time to time for security and risk management reasons modify the limit and the dollar amount of transfers you may make using Online Banking.

If funds transfer instructions identify a bank or beneficiary by name and account number, the beneficiary financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.

You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. You understand that we utilize the Automated Clearing House (ACH), using applicable ACH Rules, we debit one of your Accounts and credit another of your Account. In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit of such transaction has been released and cannot be collected, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account.

A transfer between internal Accounts that is completed before the transfer cutoff time(s) on a Business Day will be posted to your Account(s) the same day. All transfers completed on a non-Business Day or after the transfer cutoff time on a Business Day will be posted the next Business Day. The transfer cutoff time for internal transfers between Accounts is 8:00 p.m. CST. The transfer cutoff time for funds transfers from an internal Account to an account at another financial institution is 4:00 p.m. CST and all such transfers will be effected on the next Business Day.

Provisions applicable to all internal and external funds transfers:

  • You agree that we may act upon any funds transfer request that we reasonably believe is initiated or directed by you.
  • You may not cancel or modify a funds transfer request after its receipt by us. We, in our sole discretion, may make reasonable efforts to cancel or modify the transaction if we have not yet acted upon the request.
  • You agree to promptly notify us in the event that you have reason to believe that any funds transfer to any external account was not completed or received by the intended receiving financial institution.

Stop Payment Requests
Check stop payment requests may be transmitted by Online Banking and must be received by us by such time that we will have a reasonable opportunity to act upon such request prior to the earlier of the payment of the item by us or the cutoff hour established by us for receipt of such requests, if any. Requests received on non-Business Days or after 5:00 p.m. CST on Business Days may be considered received at the opening of business on the next Business Day. Stop payment requests received via Online Banking will be treated as a written stop payment request or confirmation. WE ARE NOT BOUND BY A WRITTEN STOP PAYMENT REQUEST AFTER SIX MONTHS FROM THE DATE OF SUCH REQUEST OR CONFIRMATION UNLESS THE REQUEST IS RENEWED FOR ANOTHER SIX MONTHS EITHER VIA ONLINE BANKING OR BY SIGNING A STOP PAYMENT REQUEST FORM.

You understand the need for absolute accuracy in describing the check upon which stop payment is being requested. IF ANY INFORMATION DESCRIBING THE CHECK IS NOT ACCURATE, WE MAY NOT FIND THE ITEM AND PAYMENT OF THE CHECK MAY NOT BE STOPPED. We will not be liable for failing to stop payment on a check or for stopping payment on a check if the check is not accurately described by you. We are obligated only to exercise good faith and ordinary care in complying with any stop payment request.

ACH stop payment requests may be made by contacting us at 855-257-4149.

Bill Pay Service
You authorize us to follow your payment instructions. You authorize us to make payments by electronic, paper or other means that we determine are appropriate.

We use a non-affiliated third party acting on our behalf to process bill payments. This third party processor is required to adhere to our strict standards of security and privacy protection. Paper checks processed by the non-affiliated third party may show that they are drawn on the third party processor rather than on us.

There will be a delay between the date the payment is sent (payment date) and the date the payee receives that payment. Any payments made through the bill pay service require sufficient time for your payee to receive your payment and credit your account properly. You will be solely responsible for scheduling payments sufficiently in advance of the due date to avoid incurring finance or late payment charges. Bill pay instructions delivered through Online Banking must be received prior to 8:00 p.m. CST on a Business Day in order for payment to be issued on that Business Day.

If, following timely receipt of an accurate bill pay instruction, we do not properly complete a bill payment on time or in the correct amount, we will pay any late fees or finance charges which you reasonably incur as a result of such failure, provided that your account was in good standing with the payee prior to the failure. We will not be responsible for any finance charges, late fees or other costs imposed or any other action taken by a payee resulting from a payment that you have not timely or accurately scheduled. You agree to notify us promptly if you receive a notice or otherwise have reason to believe that any bill payment made by you through Online Banking was not completed.

To delete or modify a scheduled bill payment, you must use the “cancel” option clearly marked on the Online Banking website. INSTRUCTIONS TO DELETE OR MODIFY A BILL PAYMENT MUST BE RECEIVED BY US AT LEAST ONE BUSINESS DAY PRIOR TO THE SCHEDULED PAYMENT DATE TO BE EFFECTIVE.

We will not be liable if there are insufficient available funds in the Account or credit availability at the time of any scheduled payment; if a legal order directs us to prohibit withdrawals from the Account; if the Account is closed or frozen; or if any part of the electronic fund transfer system outside of our control is not operating properly.

You may not use Online Banking to (a) pay taxes or make other payments to governmental agencies, (b) pay court-directed alimony or support, or (c) make payments to payees outside of the United States or U.S. territory.

We reserve the right to change from time to time the dollar amount of bill payments you are permitted to make using Online Banking. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of bill payments you can make using Online Banking.

Loan Services
You may make payments to eligible loans from your Accounts, initiate advances from eligible loans to your Accounts, if the eligible loan allows for such advances and there is availability on such loan, and obtain historical information regarding eligible loans through Online Banking. The Bank in its sole discretion shall determine the types of loans that qualify as “eligible loans” under this section.

Access Requirements
You are responsible for obtaining, installing, maintaining and operating all necessary hardware, software, and Internet services necessary to use Online Banking. We will not be responsible for the failure or malfunction of your hardware, software or any Internet services. We require your browser to be, at a minimum, a fully SSL-compliant, 128 bit encrypted browser. You agree that you are solely responsible for the performance and protection of any browser used in connection with Online Banking including the prompt adoption by you of all security patches and other security measures issued or recommended from time to time by the suppliers of such browsers.

Access Codes
You are required to use a User ID and password (“Codes”) every time you access Online Banking, and maintain the confidentiality and control of the Codes at all times. We may require you to change the Codes periodically.

YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS TO PREVENT UNAUTHORIZED ACCESS TO YOUR ACCOUNT(S) AND CODES. YOU MUST NOTIFY US IMMEDIATELY IF YOU KNOW OF OR SUSPECT ANY UNAUTHORIZED ACCESS TO ONLINE BANKING, THE WEBSITE, OR THE SUPPORT SERVICE OR ANY UNAUTHORIZED TRANSACTION OR INSTRUCTION WHICH YOU KNOW OF TO BE SUSPECT. IF YOU BELIEVE YOUR CODES HAVE BEEN STOLEN OR COMPROMISED, YOU AGREE TO IMMEDIATELY NOTIFY US AT 855-257-4149.

Security Procedures
We utilize out-of-wallet and out-of-band-authentication at login if your Device (PC, laptop, tablet, smart phone or other electronic device) is not recognized, if there are anomalies in the Device profile, or if you have not logged into Online Banking in 90 days. For your security, you will receive a system generated phone call or text message if an attempt to login is made using an unrecognized Device. You are responsible for investigating, implementing and maintaining adequate Online Banking commercially reasonable security procedures related to access to and use of Online Banking. However, we will publish minimum security procedures and client education information for Online Banking security on our website at www.firstbusiness.com. .

The Online Banking services hereunder are provided as a convenience to you and are accessed through the Internet, which is a public system over which we have no control.

You agree that it is your sole responsibility to set up, maintain and regularly review security procedures concerning access to, and use of, Online Banking. This includes, but is not limited to, a Device or computer network owned, controlled or used by you; the control of your Internet access services; and the control of your Codes.

You agree to install, update, maintain and properly use reasonable security products that are appropriate for you, such as the following, without limitation:

  • Firewall to prevent unauthorized access.
  • Anti-virus protection to prevent your Device from being victimized by the latest viruses and other destructive or disruptive components.
  • Anti-spyware protection to prevent spyware from providing potential tracking information about your Web activities.
  • A product that indicates the Web site you are on, or an Internet browser that indicates the site name.

You agree to install, update, maintain and properly use reasonable Operating Systems with the latest patches when they are available, particularly when and if they apply to a known exploitable vulnerability. Furthermore, you also agree to update and maintain any installed applications on your Device with the latest patches applied when they are available, particularly when and if they apply to a known exploitable vulnerability.

You confirm that you have assessed the security procedures for Online Banking and have determined that these features, in combination with your own security measures, are adequate for your Account(s). You agree to comply with these Terms and Conditions and any other reasonable instructions or recommendations we may issue to you regarding Online Banking security including, without limitation, security procedures for online banking security as published on our website.

To further enhance your security, you agree to follow these minimum general safety guidelines:

  • You will never walk away from your Device while logged on to the Online Banking services.
  • You will check your Account balances and activity promptly, thoroughly and regularly, and report any suspicious activity immediately to Client Services at 855-257-4149.
  • You will check your Account balances and activity promptly, thoroughly and regularly, and report any suspicious activity immediately to Client Services at 855-257-4149.
  • You will memorize your Codes and change them regularly.
  • You will never disclose your Codes to any other person. Your Codes are for your personal use and should be kept confidential by you. If someone identifies himself as one of our employees and asks for your Codes, that person is an imposter.
  • You will choose Codes that are not easy to guess. Passwords must be a minimum of eight, and maximum of twenty-six alphanumeric characters, with at least one alphabetic character and one numerical character. Most special characters are allowed. Passwords must have no more than three consecutive repeating characters. A password cannot be changed to one of the last fifteen (15) passwords set by you. A user can only reset their password once daily.

You will read and stay abreast of the commercially reasonable security procedures for Online Banking security as published on our website. From time to time, these security procedures may be updated. Additional security procedures and information can be obtained on our website or by request.

Electronic mail ("E-mail")
Communication with us via E-mail is available through Online Banking. You understand and acknowledge that communications transmitted via E-mail may not be secure. Accordingly, you should not provide any confidential information in E-mail communications, including, without limitation, any Codes or any initiation of transactions on your Accounts. E-mail communications will be read by us once per day. For immediate communication with us, please telephone Client Services at 855-257-4149.

Authorization for Services
You authorize us to follow your instructions. With regard to all Online Banking services, you are responsible for having sufficient and available funds on deposit to make payments in full or transfers on scheduled dates. In our sole discretion, we may refuse to process any transaction that exceeds any limitation set forth in these Terms and Conditions or any related agreements. You authorize us to withdraw funds in accordance with your instructions. If any transaction would result in an overdraft to a designated Account, we may choose to either complete or refuse to complete the transaction. If your Account is overdrawn, you agree to immediately pay the overdrawn amount to us, together with any additional applicable fees. We are not obligated, however, to permit any further overdrafts or to give any notice that further overdrafts will not be permitted, regardless of how many overdrafts may have been permitted previously. If your Account is maintained in connection with any overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that Account rather than these Terms and Conditions. You further agree to pay us, without defense or set-off, any and all loan advances obtained via Online Banking and to pay any other charges due in accordance with any applicable loan or credit agreements. We may automatically deduct fees from an Account, even if they create an overdraft, and we may assess the appropriate overdraft fees.

In Case of Errors or Questions About Your Electronic Transfers.
If you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt contact us as soon as you can:

  • For First Business Bank: telephone us at 855-257-4149 or 608-238-8008, write us at First Business Bank, 401 Charmany Dr., Madison, WI 53719, or email us at madisonclientservices@firstbusiness.com; or
  • For First Business Bank – Milwaukee: telephone us at 855-257-4149 or 262-792-1400, write us at First Business Bank – Milwaukee, 18500 W. Corporate Dr., Brookfield, WI 53045, or email us at milwaukeeclientservices@firstbusiness.com.
We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

  1. Tell us your name and the account number of the Account to which the error relates.
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar about of the suspected error.

If you tell us orally, we may require that you send us your complaint 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 the ten (10) business days, we may not credit your account.

If a notice of error involved 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 accounts, point of sale debit card transactions, or foreign-initiated transactions, we make 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 an 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.

We are not responsible for errors, delays, and other problems caused by or resulting from the action or inactions of other financial institutions holding the account of your recipient. Although we will try to assist you in resolving any such problems, you understand that any such error, delays or other problems are the responsibility of the relevant financial institution or the recipient. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the agreements you have with such financial institution, including any time limits during which complaints must be made.

Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Codes have been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your Account. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum line of credit). If you tell us within two (2) business days after learning of the loss or theft of your Codes, you can lose no more than $50.00 if someone used your Codes without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Codes, and we can prove that we could have stopped someone from using your Codes without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, including those made by Online Banking, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed or made available to you, 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 hospital stay) kept you from telling us, we will extend the time periods. If you believe that your Codes have been lost or stolen or that someone has transferred or may transfer money from your account without your permission contact us at:

  • For First Business Bank: telephone us at 855-257-4149 or 608-238-8008, write us at First Business Bank, 401 Charmany Dr., Madison, WI 53719, or email us at madisonclientservices@firstbusiness.com; or
  • For First Business Bank – Milwaukee: telephone us at 855-257-4149 or 262-792-1400, write us at First Business Bank – Milwaukee, 18500 W. Corporate Dr., Brookfield, WI 53045, or email us at milwaukeeclientservices@firstbusiness.com.

You should also call or write this number if you believe a transfer has been made using your debit card or using the information from your check without your permission.

Limitation of Liability
To the extent not otherwise prohibited by applicable law, our liability to you is otherwise as stated in these Terms and Conditions and as further explained in any agreements, notices and disclosures that we separately provide to you from time to time regarding your deposit and/or loan Account(s). Under no circumstances will we have any liability to you for failing at any time to provide access to your Accounts through Online Banking. Unless otherwise provided herein, you agree that in no event will we be liable for any technical, hardware or software failure of any kind, any interruption in the availability of Online Banking services, any delay in operation or transmission, or any incomplete transmission, loss of data or other similar loss.

Our responsibility and liabilities in providing Online Banking services shall be as expressly stated in these Terms and Conditions, as modified in accordance herewith.

WE, OUR AFFILIATES, SERVICE PROVIDERS AND AGENTS WILL INCUR NO LIABILITY FOR LATE OR UNSUCCESSFUL BILL PAYMENT ATTEMPTS, TRANSACTIONS OR TRANSFER ATTEMPTS: IF THE DESIGNATED ACCOUNT HAS INSUFFICIENT FUNDS; IF YOU HAVE EXCEEDED OR WILL EXCEED YOUR DAILY TRANSACTION LIMIT FOR A PARTICULAR SERVICE (IN WHICH CASE WE HAVE THE RIGHT TO PROCESS PAYMENTS IN ANY ORDER THAT WE DETERMINE IN OUR SOLE DISCRETION IS APPROPRIATE); IF THE MONEY IN THE ACCOUNT IS SUBJECT TO LEGAL PROCESS OR OTHER ENCUMBRANCES RESTRICTING ITS TRANSFER; IF INCOMPLETE OR INACCURATE INFORMATION IS FORWARDED TO US BY THE UNITED STATES TREASURY OR THROUGH AN AUTOMATED CLEARING HOUSE; IF A USER CODE HAS BEEN REPORTED AS LOST OR STOLEN; IF OUR EQUIPMENT, THE SOFTWARE, OR COMMUNICATIONS LINK IS NOT WORKING PROPERLY; IF THE ONLINE BANKING SERVICE OR WEBSITE IS MALFUNCTIONING; IF YOU FAIL TO SCHEDULE A PROPER DATE FOR PAYMENT SUFFICIENTLY IN ADVANCE OF THE DATE THAT A PAYMENT IS DUE; IF YOU HAVE FAILED TO PROVIDE PROPER PAYEE INFORMATION, FAILED TO PROPERLY FOLLOW BILL PAYMENT INSTRUCTIONS, OR THE PAYEE OR TRANSFER RECIPIENT MISHANDLES OR DELAYS A PAYMENT OR TRANSFER OR BILLING STATEMENT; IF YOUR ELECTRONIC BILL IS INACCURATE OR INCOMPLETE; IF YOU FAIL TO PROVIDE US OR ANY PAYEE WITH YOUR UPDATED OR CHANGED CONTACT INFORMATION; IF WE HAVE REASONABLE GROUNDS TO BELIEVE THAT SUCH TRANSFER OR BILL PAYMENT IS UNAUTHORIZED; IF YOU FAIL TO CHECK ON THE DELIVERY OR STATUS OF BILLS OR FAIL FOR ANY REASON TO RECEIVE A NOTIFICATION OR REMINDER REGARDING THE DELIVERY OR STATUS OF A BILL; IF THERE ARE ANY DELAYS IN ANY MAIL OR E-MAIL SERVICE; IF YOUR EQUIPMENT, SOFTWARE OR INTERNET CONNECTION OR INTERNET SERVICE PROVIDER WAS MALFUNCTIONING AT THE TIME SUCH TRANSFER OR BILL PAYMENT ATTEMPT WAS MADE, OR FOR ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING ANY NATURAL DISASTERS, DELAYS IN MAIL SERVICE, OR OTHER FORCE MAJEURE EVENTS; IF ANY OTHER EXCEPTIONS OCCUR THAT ARE STATED IN THESE TERMS AND CONDITIONS, ANY RELATED AGREEMENTS, OR OUR DEPOSIT ACCOUNT RULES.

WE WILL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED BY YOU, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGES, AND YOU HEREBY WAIVE ALL SUCH DAMAGES. YOU HEREBY AGREE THAT THE REMEDIES PROVIDED IN THESE TERMS AND CONDITIONS WILL BE YOUR SOLE AND EXCLUSIVE REMEDIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

If you follow all of the procedures described in these Terms and Conditions as well as on any online help screens, and if we, solely as the direct result of our error, misdirect or fail to timely send a properly authorized and properly set up payment or transfer, then we will reimburse you for any late charge penalty assessed by a payee or financial institution because your payment was received late. If, solely as a direct result of our error, we incorrectly execute the amount of your payment request, then we will credit or debit your Account, whichever may be applicable, with the difference between the actual amount that we debited and the proper amount that should have been debited. If, solely as a direct result of our error, we send a payment to an incorrect person, then we will return the improperly transferred funds to your Account and subsequently pay the funds from your Account to the proper payee or financial institution. In all other events, the risk of incurring and the responsibility for paying any and all late charges or other damages or penalties shall be borne exclusively by you. If you think you are entitled to a reimbursement for a late charge penalty, call us at 855-257-4149.

Disclaimer of Warranties
THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS.” WE DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES PROVIDED UNDER THESE TERMS AND CONIDITIONS, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, WE DISCLAIM ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU WITH RESPECT TO THE SERVICES PROVIDED UNDER THE THESE TERMS AND CONIDITIONS.

Disclosure of Account Information to Third Parties
We may disclose information about you and your Account(s) or transactions on your Account(s) as provided in our Deposit Account Rules and our Privacy Notice. In addition, we have the right to obtain and disclose information regarding your Account(s) or transactions on your Account(s) from or to a payee or financial institution to resolve problems associated with a payment-posting or funds transfer.

You also acknowledge that support and services related to the Online Banking services may be provided by third parties, and you authorize us to contract with third parties to provide such support and services. You release us from any liability for failures, acts or omissions of any third party system operator including, but not limited to, unauthorized access to, theft or destruction of your information or instructions.

Indemnification
Except to the extent that we are liable under these Terms and Conditions or an agreement that otherwise governs your deposit and/or loan Account(s), you agree to indemnify and hold us, our affiliates, directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an Account or the performance of the Online Banking service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of Online Banking by you or an unauthorized person purporting to be you.

Changes
Except where prior notice or authorization is required by law, we may change these Terms and Conditions at any time. When changes are made we will update the information on our Online Banking website. You may decline to accept the changes by discontinuing use of the Online Banking service. Continued use of the Online Banking service following the effective date of any changes shall constitute acceptance of those changes.

Termination
Either you or we may terminate these arrangements at any time by giving written or verbal notice to the other. Use of the service may also be terminated at our discretion without notice if the service has not been used in at least 90 days. If the service is terminated due to non-usage, any payees set up via Bill Payment will be deleted. Termination shall be effective immediately upon our receipt of your written notice to terminate or our mailing to you of our written notice to terminate.

In the event that we at any time incur a problem with your use of Online Banking, including without limitation a fail in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers or bill payments and without limiting any other right or remedy that we may have under these Terms and Conditions or otherwise, we reserve the right to suspend or terminate your rights to use Online Banking, immediately and without prior notice to you. You understand and agree that after such suspension, you may request reinstatement of your service by contacting us using any methods provided under these Terms and Conditions. We reserve the right in its sole discretion to grant or deny reinstatement of your use of Online Banking.

Any termination of these Terms and Conditions shall not affect any of our rights and your obligations with respect to any actions initiated by you prior to the effective time of such termination, or the payment of obligations by you with respect to services performed by us prior to the effective time of such termination, or any other obligations that shall survive termination.

Governing Law
These Terms and Conditions and use of the Online Banking services are governed by laws of the State of Wisconsin and applicable federal law and regulations, except to the extent that these Terms and Conditions can and do vary such laws. You consent to venue in the exclusive jurisdiction of the courts of Dane County, Wisconsin and the Federal District Court for the Western District of Wisconsin. To the extent that any of these Terms and Conditions cannot be legally enforced, they shall be deemed modified to the extent necessary to conform to applicable law and regulations.

Cross Collateralization, Cross Default, Cross Guaranty Agreement
Your obligations to us under these Terms and Conditions are secured and supported by any and all security interests, pledges, mortgages, or liens and guaranties now or hereafter existing and granted to us to secure indebtedness of you to us. You grant to us a security interest in, lien upon and express contractual right to set off against all depository account balances, cash and any other property of yours now or hereafter in our possession.

Miscellaneous:

  • We may assign these Terms and Conditions or any of its rights and duties thereunder without prior notice to you or your consent, but you may not assign these Terms and Conditions or any of the rights or duties thereunder to any person without our prior written consent.
  • In the event that any provision of these Terms and Conditions shall be determined to be invalid, illegal or unenforceable to any extent, the remainder of these Terms and Conditions shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
  • In the event of a dispute regarding the services, you and we agree to resolve the dispute by looking to the terms and conditions contained in these Terms and Conditions, any related agreements, and the Deposit Account Rules and not to representations made by our employees or agents.
  • You represent and warrant that you are at least 18 years of age.
  • Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such a right or provision unless acknowledged and agreed to by us in writing.
  • These Terms and Conditions supersedes all previous agreements and understandings, either written or oral, among you and us with respect to the services described herein.

Notwithstanding anything herein to the contrary, we will not be obligated to honor, in whole or in part, any transaction or instruction which:

  • Is not in accordance with any term or condition applicable to the relevant Account;
  • We reasonably believe may have been requested or issued by someone other than you;
  • Involves funds subject to a hold, dispute, restriction or legal process which we believe prevents withdrawal;
  • We reasonably believe might violate the laws or regulations of the United States, including without limitation, regulations of the Office of Foreign Asset Control (“OFAC”);
  • Would violate any applicable provision of any risk control program of the FDIC or applicable rule or regulation of any other federal or state regulatory authority;
  • Is not in accordance with any other requirement of our applicable policies, procedures or practices; or,
  • We reasonably decline to honor for our protection.

These Terms and Conditions are intended to supplement and not to replace other agreements between you and us relating to your Accounts, including, without limitation, our Deposit Account Rules. In the event of a conflict between these Terms and Conditions and any other Account rules and agreements that apply to your Accounts or the functions performed using Online Banking services, these Terms and Conditions shall govern and prevail. These Terms and Conditions are binding upon and inures to the benefit of the parties and their personal representatives, successors and assigns.

Revised July 2014

Website Terms & Conditions

Copyright Notices

The works of authorship contained in this World Wide Website, including but not limited to all design, text, sound recordings and images, are copyrighted, except as otherwise expressly stated, by First Business Bank or one of its subsidiaries. All rights are reserved. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without First Business Bank's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. ¤ 107), as amended, and then, only with notices of First Business Bank's proprietary rights. The copyright for some works of authorship may also be owned by the individual authors. You may (1) read all works of authorship at this site and (2) download in electronic form any such works for your personal use only and not for reproduction in any other form, provided you retain the copyright notices with each work.

Trademark Notices

"First Business Bank" and "First Business Bank" logo are registered trademarks of First Business Bank. Other featured words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners.

Web Content and Materials The information and materials contained in this Worldwide Website Ñ and the terms and conditions of the access to and use of such information and materials Ñ are subject to change without notice. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final First Business Bank determination and acceptance. First Business Bank OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND First Business Bank DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. First Business Bank RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEB OFFERINGS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING INFORMATION, PRODUCTS OR SERVICES VIA THIS WORLDWIDE WEBSITE, NO SOLICITATION IS MADE BY First Business Bank TO ANY PERSON TO USE SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

Securities Law Disclosures

First Business Bank is not a registered broker-dealer and may only offer to sell, or solicit an offer to purchase securities in any state if first registered, excluded or exempted from state broker-dealer or investment advisor registration. The information herein is not an offer to sell, or to solicit an offer to purchase, any securities by anyone in any jurisdiction in which such offer or solicitation is not authorized, or in which First Business Bank or the person making such an offer is not qualified to do so, or to anyone to whom it is unlawful to make such an offer or solicitation, or to anyone in any jurisdiction outside of the United States. Investment products and services are not bank deposits and are not FDIC insured, nor are they obligations of or guaranteed by First Business Bank. Investment products and services involve substantial risks, including the possible loss of some or all of the principal amount invested.

Links To Other Sites

Links to non-First Business Bank websites are provided solely as pointers to information on topics that may be useful to users of First Business Bank websites, and First Business Bank has no control over the content on such non-First Business Bank websites. If you choose to link to a website not controlled by First Business Bank, First Business Bank makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does First Business Bank warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. First Business Bank does not guarantee the authenticity of documents on the Internet. Links to non-First Business Bank sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

Limitation Of Liability

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, First Business Bank IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE. ALL SUCH INFORMATION IS PROVIDED "AS IS" TO THE USER WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHERMORE, First Business Bank WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR THEIR SITE ACCESSING PROGRAM. NOR WILL First Business Bank BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND First Business Bank'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN First Business Bank AND THE USER, First Business Bank WILL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO THE USER AND/OR ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEBSITE. First Business Bank WILL UNDER NO CIRCUMSTANCES BE LIABLE TO THE USER AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOST PROFITS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF First Business Bank HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The user's access to and use of First Business Bank's website, and the terms of this disclaimer are governed by the laws of the State of Wisconsin. To the extent the rules in your jurisdiction require us to designate a principal office for this site, First Business Bank designates its office in Madison as its principal office. By accessing First Business Bank's website, you indicate your acknowledgment and acceptance of these terms and conditions.

Unlawful Internet Banking Gambling

Transactions restricted by the Unlawful Internet Gambling Enforcement Act (UIGEA) are prohibited from being processed through First Business commercial accounts.

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