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Notice of Changes to the Deposit Account Agreement

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Please note: These updates apply to the Deposit Account Agreement.

IMPORTANT NOTICE OF CHANGE IN TERMS

Please read this Important Notice of Change in Terms (“Notice”) summarizing the amendments and other changes being made to the terms and conditions governing each of your deposit accounts with us (each, an “Account”), and keep a copy for your records. These changes will apply to your Account beginning on the dates that the changes become effective. Except as provided below, if you keep any of your Accounts open after the effective date of the changes, you will be deemed to have agreed to the changes. As used in this Notice, “we,” “us,” and “our” refer to IncredibleBank, and “you” and “your” refer to each Account owner, authorized signer, and any other person authorized to operate the Account.

SUMMARY OF CHANGES

The Deposit Account Agreement (“Agreement”) for your Account, which was formerly referred to as the “Terms and Conditions,” has been completely rewritten to update and modernize the rules governing your Account and address changes in law, evolving bank technologies and the expansion of our deposit footprint. Most importantly, the changes reflect that customers may open and maintain accounts both within and outside of our home state of Wisconsin, clarify how we process transactions and charge fees and how we resolve statement errors, and include a new arbitration provision for resolving disputes about your Account. We have summarized some of the key changes below. However, we encourage you to review the enclosed Agreement carefully and keep this for future reference.

Choice of Law

The Agreement now states that the law that governs your Account will generally be where the Account is located. We have branch offices that are located in Wisconsin, Michigan, and Florida, and if you open an Account in person at one of these branches, the law that generally will apply will be the state where the branch is located. We also permit Accounts to be opened online, and the Account opened online will be deemed to be located in Wisconsin. Likewise, because the Uniform Commercial Code generally provides that the law that applies is the law where the bank is located, and we are located in Wisconsin, Wisconsin’s version of the Uniform Commercial Code will generally apply. Note, however, that there may be cases in which other state law applies, such as agent designations or fiduciary appointments, garnishments or other legal process affecting an Account, and unclaimed property laws.

Posting Order and Determining Negative Balances

The Agreement includes a significant amount of additional detail regarding transaction processing, including posting order, balance calculations, and the circumstances in which overdraft fees may be charged. Although the banking industry is in the process of adopting same-day and real-time payments in certain instances, deposits and withdrawals ordinarily are processed overnight after the transactions are initiated. Plus, there are differences between the amount of funds that may be available for withdrawal (sometimes referred to as the “available balance”) and the amount of funds that are actually in an Account (sometimes referred to as the “ledger balance” or “current balance”), because we may make funds available before the time the funds are actually collected. Therefore, understanding posting order and balance computation is important to determine whether an overdraft fee may be charged or if a payment may be returned for non-sufficient funds (“NSF”).

Accordingly, the Agreement includes the following about our transaction processing practices:

  • Posting order is determined based on the type of transaction, with deposits and credits occurring first and withdrawals or debits posting afterward. The Agreement describes the order of when subcategories of transaction types process (i.e., cash; checks; ATM deposits; transfers to an Account; direct deposits; chargebacks; wire transfers and ATM withdrawals; debit card transactions; ATM transfers, instant payments, and ACH debit transactions; in-person withdrawals; and checks). Withdrawals within each subcategory are generally ordered from lowest to highest dollar amount. Importantly, posting order may not be the same as the date and time that the transaction was actually initiated.
  • Accounts are generally deemed to be overdrawn if the “current balance” is negative (that is, less than $0.00) as determined during our nightly processing. The “current balance” may and often does differ from the “available balance” generally disclosed to you within your online and mobile banking profile throughout the day, although some business customers may see a different balance disclosed in their digital profile. Therefore, we encourage you to pay close attention to the “current balance” when making decisions about whether to initiate a payment that may overdraw your account.

Please refer to the Agreement, as well as our current terms, conditions, and disclosures for our Bounce Protection program for further detail. We also encourage you to inquire about alternatives to overdrafts that may be less costly than incurring overdraft fees.

Arbitration Clause

We added an arbitration provision to provide procedures for resolving disputes. As a starting point, most concerns about your Account can be resolved amicably by speaking with one of our employees. In the event that we cannot resolve your complaint to your satisfaction and you seek legal recourse, our philosophy is generally to have these disputes heard privately, in the context of arbitration. The arbitration provision includes detailed rules for raising claims in arbitration, including that either of us can require any dispute to go to arbitration and that you will generally only be able to bring claims on an individual basis, and not as part of a class or similar multi-party proceeding.

YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION, WHICH WOULD ALLOW YOU TO BRING YOUR CLAIM IN A COURT OF LAW. TO EXERCISE YOUR RIGHT TO OPT OUT, YOU MUST DELIVER WRITTEN NOTICE TO US 60 DAYS AFTER THE ARBITRATION PROVISION APPLIES TO YOU AT THE FOLLOWING ADDRESS:

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IncredibleBank
Deposit Operations
327 North 17th Avenue
Wausau, Wisconsin 54401

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EFFECTIVE DATES

The arbitration provision is effective and will apply to each of your Accounts as of January 26, 2026, unless you opt out of the arbitration provision by March 27, 2026.

All other provisions of the Agreement are effective as of January 26, 2026.

CONTACT US IF YOU HAVE ANY QUESTIONS

If you have any questions about these changes or have any other issues with your Accounts, you can contact 888-842-0221 or info@incrediblebank.com. To review the complete Deposit Account agreement, click here.