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Agreement and Electronic Funds Transfer Disclosure

This Agreement and Disclosure provides information about the Internet Banking service and Online Bill Pay service through Port Washington State Bank (PWSB) and contains the disclosures required by the Electronic Funds Transfer Act.

For the purpose of this document, “I”, “me”, “my” and “mine” shall refer to each Depositor who signs up for Internet Banking or Online Bill Pay service. “You”, “your”, or “Bank” shall refer to the financial institution at which the Depositor has the deposit account accessed through Internet Banking. All references to time of day in this Agreement and Disclosure refer to Central Standard Time. 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.

A. Internet Banking Service
Internet Banking service and Online Bill Pay service is a consumer electronic banking service. I may access Internet Banking and Online Bill Pay service using a personal computer (PC) through our web page on the Internet.

B. Designation of Primary Account
I understand that in order to use Internet Banking, I must have a checking account with Port Washington State Bank. The checking account must be designated as my “primary” checking account for transactions accomplished through Internet Banking.

C. Equipment
To access Port Internet Banking, you will need an Internet service provider, using Internet Explorer 5.0 or greater or Netscape Communicator 6.2 or greater with 128 bit strong encryption. For best results, your screen resolution should be set to 800 x 600 resolution.

If two or more depositors are joint owners of the account accessed by Internet Banking each may have access to those accounts through Internet Banking. If depositors residing in the same household have different accounts each customer will have secure access to only his or her accounts.

D. Business Day
Port Washington State Bank’s Business Days are Monday through Friday, not including holidays.

E. Service Available through Internet Banking
The PWSB interactive Web Site provides internet banking 24/7 at www.pwsb.com. Using this site, PWSB customers may access their own accounts, transfer funds between their accounts, make loan payments at PWSB 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 PWSB Online Bill Pay system, customers must complete an Online Bill Pay Disclosure and Agreement form.

F. General Information about Internet Banking
To utilize the services, I will need to enter my Password and otherwise satisfy the system’s security procedures.

G. Limitations on Services

  1. Transfer Limitations. All bill payments and transfers to and from an account are subject to the terms and conditions applicable to such account as set forth in the Consumer Online Bill Pay Agreement and the account agreement governing such account. With respect to money market accounts and savings accounts, I may not make more than six transfers or withdrawals each statement period to another account of mine or to third parties, when these transfers are made by means or a pre-authorized or automatic transfer, or telephonic agreement, order or instruction.
     
  2. Available Funds Required. All bill payments and transfers initiated through Internet Banking are subject to there being sufficient funds available in the affected account to cover the transfer on the Scheduled Initiation Date or earlier.

H. Preauthorized Withdrawals.

  1. Right to Stop Payment and Procedures 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 1-800-550-9435, or write us at PWSB, PO Box 176, Port Washington, WI 53074, 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 is identified in our current fee schedule accompanying this Agreement as may be amended from time to time.
     
  2. 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.
     
  3. 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.

I. Authorization to Charge Accounts.
I authorize you to charge my designated account(s) for any transactions accomplished through the use of Internet Banking, including the amount of any bill payment or transfer that I make, and any charges for the service. I authorize you to process bill payments and to transfer funds according to the instructions you receive if the instructions are received from me through Internet Banking. I authorize you to initiate any reversing entry or reversing file and to debit my accounts at PWSB or elsewhere, in order to correct any mistaken credit entry.

I understand that if a bill payment or transfer request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary. Further, PWSB and other financial institutions to which a bill payment or transfer request is forwarded may rely on any financial institution identification number supplied by me as a means to identify any other financial institution, even if the identification number is different than the financial institution named by me. My obligation to pay the amount of the bill payment or transfer to the financial institution is not excused in such circumstances.

J. Account Information: Electronic Notice
I may check the balance(s) of PWSB accounts that are linked by access through Internet Banking. (NOTE: the balance figure may not reflect recent transactions, and may include funds, which are not subject to immediate withdrawal.) I may get a listing of transactions posted to my primary checking account since my last monthly statement.

K. Security Procedures
A Password will be issued to me for security purposes. The Password is confidential and should not be disclosed to third parties. I am responsible for the safekeeping of the Password/PIN. I agree not to disclose or otherwise make the Password available to anyone not authorized to sign on my accounts.

I represent that I have considered the security procedures of the Internet Banking/Online Bill Pay services and find that the security procedures are commercially reasonable for verifying that a bill payment, transfer or other communication purporting to have been issued by me is, in fact, mine. In reaching this determination, I have considered the size, type and frequency of bill payments, transfers or other communications that I anticipate issuing to PWSB.

L. Liability for Unauthorized Use:
I will notify you immediately if I believe that my Password has become known to an unauthorized person. I may contact you by phone at 1-800-550-9435 or in writing to PWSB Attn: Customer Accounting, 206 N. Franklin Street, Port Washington, WI 53074 to keep my possible losses to a minimum. Telephoning is the best way of keeping your possible losses to a minimum. If I suggest that an unauthorized transfer or payment may have occurred, you may require me to sign an affidavit.

I could lose all the money in my deposit account(s) accessed through Internet Banking (plus my maximum overdraft line of credit, if any) if I don’t inform you that my Password has become known to an unauthorized person. If I tell you within two business days after I learn of the loss or theft, I can lose no more than $50.00 if an unauthorized person used my Password to access Internet Banking without my permission.

Also, if my statement shows electronic funds transfers that I did not make, I will notify you immediately. You may require me to provide my complaint in the form of an affidavit. If I do not tell you within 60 days after the statement was mailed to me, I may not get back any money I lost after the 60 days if you can prove that you could have stopped someone from taking the money if I had told you in time. We must receive written notification from you no later than 60 days after we sent the first statement on which the problem or error appeared.

M. Notification of Unauthorized Transactions or a Lost or Stolen Access Device:
If I believe my Password/PIN have become known by an unauthorized person, or that someone has transferred money or made payments without my permission, I will call Internet Banking Customer Service at 1-800-550-9435.

N. Financial Institution’s Liability for Failure to Make Payments:
If you do not send a payment or make a transfer on time, or in the correct amount according to my instructions given in accordance with this Agreement and Disclosure, you will be liable for damages caused. However, there are some exceptions. You will not be liable, for instance, if:

  1. Through no fault of yours, my account does not contain sufficient funds to make the payment or transfer.
  2. The payment or transfer would go over the credit limit on my overdraft line of credit.
  3. The equipment, ATM network, phone lines, or computer systems were not working properly or were temporarily unavailable.
  4. Circumstances beyond your scope of control, such as fire or flood, prevented the payment or transfer, despite reasonable precautions that you have taken.
  5. A court order or legal process prevents you from making a transfer or payment.
  6. I have previously reported my ATM/Debit card lost or stolen, or if you have reasonable basis for believing that unauthorized use of my Password/PIN, or designated account have occurred or may be occurring, or if I default under any agreement with you, or if you or I terminate this Agreement.
  7. The payee does not process a payment correctly, or in a timely manner.
  8. There may be other exceptions stated in your agreement with me.

If any of the circumstances listed in subparagraph 3) or 4) shall occur, you shall assist me with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct transactions that have incorrectly been processed.

O. Errors or Questions:
I will telephone you at 1-800-550-9435 or write PWSB, (Attention: Internet Banking) 206 N. Franklin Street, Port Washington, WI 53074 as soon as I can, if I think my statement or receipt is wrong. You must hear from me no later than 60 days after you send the statement on which the problem or error appeared. A statement is considered to have been sent when it is first made available. I must:

  1. Tell you my name and account number
  2. Describe the error or payment I am unsure about, and explain as clearly as I can why I believe it is an error or why I need information.
  3. Tell you the dollar amount of the suspected error.

If I tell you verbally, you may require that I send my complaint or question in writing within ten business days. You may require me to provide my complaint in the form of an affidavit.

You will inform me of the results of your investigation within ten business days after you hear from me and will correct any error promptly. If you need more time, however, you may take up to 45 calendar days to investigate my complaint or question. If you decide to do this, you will credit my account within ten business days for the amount I think is in error, so that I will have the use of my money during the time it takes you to complete your investigation. If you ask me to put my complaint or question in writing and you do not receive it within ten days, you may choose not to credit my account.

If you determine that there is no error, you will send me a written explanation within three business days after you finish your investigation. I may ask for copies of the documents that you used in your investigation.

Other Problems
If I believe an error other than an electronic funds transfer problem has occurred concerning a deposit account or if I have a problem regarding a credit account accessed by an ATM/Debit Card, I will refer to my monthly statement for instructions regarding how to have you resolve my question or correct an error.

P. Account Information Disclosure:
You will disclose information to third parties about my account and the payments or transfers I make:

  1. When it is necessary for verifying or completing payments or transfers, or resolving a problem relating to a payment or transfer;
  2. In order to verify the existence and the condition of my account for a third party, such as a credit bureau or merchant;
  3. In order to comply with government agency or court orders;
  4. To any subsidiary or affiliate;
  5. If I give you my written permission; or
  6. As otherwise permitted in PWSB’s Deposit Agreement, by law, or as required by government regulations.

Q. Documentation and Verification of Payments and Transfers:

  1. Confirmation Numbers
    Upon completion of a transaction using Internet Banking, a confirmation number will be given. I should record this number, along with the payee, scheduled date and transaction amount in my checkbook register (or other permanent record), because this will help in resolving any problems that may occur. No printed receipts are issued through Internet Banking.
  2. Periodic Statements
    Information concerning Internet Banking transactions will be shown on my normal statement for the account to and from which transfers or payments are made. I will get a statement monthly, unless there are no electronic funds transfers in a particular month. In any case, if my account is a checking, savings, or money market, I will get a statement at least quarterly.
  3. Recurring Deposits
    If I have arranged to have deposits made to a deposit account at least once every 60 days from the same person or company, I can find out whether or not the deposit has been made through Internet Banking. Or, I can call Internet Banking Customer Service at 1-800-550-9435 to find out whether or not the deposit has been made.

R. Other Conditions:
I am responsible for complying with all terms of this Agreement and Disclosure and the regulations governing the deposit accounts which I access using Internet Banking. You can terminate my Internet Banking privileges without notice to me if I do not pay any fee required in this Agreement and Disclosure when due or if I do not comply with those agreements. The regulations governing my deposit account are set forth in the Deposit Account Agreement a copy of which is available from any branch location.

S. Change in Terms
We will mail or deliver a written notice to you as required by law before the effective date of any change in a term or condition disclosed in this Agreement and Disclosure, if the change would result in increased fees or charges, increased liability for me, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law.

T. Scheduled of Service Charges
Per item transaction fees may be charged for excess debit transactions on selected checking and savings account(s). Please refer to Port Washington State Bank’s Personal Accounts and Service Schedule of Fees for per-item fees on selected checking or savings accounts.

When I use an ATM not owned by PWSB I may be charged a fee by the ATM operator for any network used and I may be charged a fee for a balance inquiry even though I don’t complete a funds transfer. For PWSB Free Checking account customers a fee of $1.00 will be accessed by PWSB for each foreign ATM withdrawal.

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