Online Banking Agreement
1. The Service.
5. SINGLE AND RECURRING PAYMENTS
The system will calculate the Estimated Arrival Date of your payment. This is only an estimate. Please allow ample time for you payments to reach your “Payees”.
6. CANCELLING A PAYMENT
A bill payment can be changed or cancelled, anytime prior to the cutoff time on the scheduled process date.
7. AVAILABLE FUNDS
You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations you have to the Financial Institution.
The Financial Institution reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with the above requirement or any other term of this agreement.
The Financial Institution has the right to change this agreement at any time by notice mailed to you at the last address shown for the account on the Financial Institution's records, by posting notice in branches of the Financial Institution, or as otherwise permitted by law.
The fee for the Bill Paying Service is: FREE, for an unlimited number of monthly payments.
When a payment you have scheduled is processed (see "The Bill Paying Process"), funds sufficient to cover the payment are removed from your account with City Bank & Trust Co. for transmittal to the designated Payee. In lieu of fees in addition to those listed herein, once the funds are removed for processing, you will no longer earn, receive, or otherwise be entitled to any interest, dividends, or other return on, or compensation for, the funds removed.
Additional charges for customer requested services and other items
These charges will only be assessed if you request one or more of the services listed here. There will be No Charge for any item if needed to correct a Financial Institution error.
Overdraft fee – Item paid: $30.00
NSF Returned Item fee: $30.00
Expedited Payment Fees will include:
Overnight Fee: $19.95
2nd Day Fee: $14.95
Electronic Rush Payments: $4.95
Gift Pay Fees will include:
Gift Check: $2.99
Charitable Donation Fee: $1.99
The Financial Institution reserved the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred.
Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfer Disclosure Statement received when you opened your account, which discloses important information concerning your rights and obligations.
All payments, transfers, and/or fees made with the Service will appear on your monthly Account statement. The Payee name, payment amount, and date of the payment will be shown for each payment made through the Service during that month.
You are solely responsible for the equipment (including, in the case of Online Banking, your personal computer and software) you use to access the Services. We are not responsible for errors or delays or your inability to access the Services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.
13. Business Days/Hours of Operation.
Our business hours are 8:00 a.m. to 5:00 p.m. CST, Monday through Friday, except bank holidays. Although payments and transfers can be completed only on business days, the Service is available twenty-four (24) hours a day, seven (7) days a week, except during maintenance periods, for the scheduling of payment orders and transfers. Online (non-BillPay Plus) payments and transfers must be scheduled by the cut-off time of 6 p.m. local (Central Time) on any business day in order for the payment to be initiated for that business day.
14. Notice of your Rights and Liabilities.
Security of your transactions is important to us. Use of the Services will therefore require a PIN or Password. If you lose or forget your PIN or Password, please call (402) 826-2144 or (800) 811-9001 during normal business hours listed above. We may accept as authentic any instructions given to us through the use of your Password or PIN. You agree to keep your PIN and Password secret and to notify us immediately if your PIN or Password is lost or stolen or if you believe someone else has discovered your PIN or Password. You agree that if you give your PIN or Password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Services. Online Banking Services enables you to change your Password; we may require that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to (1) monitor and/or record all communications and activity related to the Services; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your PIN or Password was used in connection with a particular transaction.
If any unauthorized use of your PIN or Password occurs you agree to (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds.
Tell us AT ONCE if you believe your PIN or Password has been lost or stolen. 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, you can lose no more than $50. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your PIN or Password, and we can prove we could have stopped someone from using your PIN or Password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do NOT tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have prevented someone from taking the money if you had told us in time. If you believe your PIN or Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (402) 826-2144 or (800) 811-9001 during normal business hours listed above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
15. Errors and Questions.
In case of errors or questions about your electronic transfers completed with Online Banking Services, telephone us at (402) 826-2114 or (800) 811-9001, 8:00 a.m. to 5:00 p.m. CST, Monday through Friday, or write us at:
City Bank and Trust Co.
1135 Main Street,
Crete, NE 68333
as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. You will need to:
a. tell us your name and Account number (if any);
b. describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
c. tell us the dollar amount of the suspected error.
If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) business days following the date you notified us. We will determine whether an error occurred within ten (10) business days [twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within (30) days after the first deposit to the account was made] 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 [twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made] for the amount you think is in error, so that you will have 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 ten (10) business days, we may not credit your account.
If we determine there was no error, we will reverse the previously credited amount, if any, and we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents we used in our investigation.
16. Disclosure of Account Information to Third Parties.
We may disclose information to third parties about your account or the transactions you make:
a. where it is necessary for completing transactions or resolving errors involving the Services; or
b. in order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or
c. in order to comply with government agency rules, court orders, or other applicable law; or
d. to our employees, service providers, auditors, collection agents, affiliated companies, or attorneys in the course of their duties and to the extent allowed by law; or
e. if you give us your permission.
17. Authorization to Obtain Information.
You agree that we may obtain and review your credit report from a credit bureau or similar entity. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments.
If you want to terminate your access to the On-Line Banking Services, call us at (402) 826-2144 or (800) 811-9001. After receipt of your call, we will send a written termination authorization for your signature and return to us. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WANT TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS BE STOPPED, YOU MUST FOLLOW THE PROCEDURES IN THE CANCELING PAYMENTS PARAGRAPH ABOVE.
We reserve the right to terminate the Services, in whole or in part, at any time with or without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your PIN or Password as an indication of an attempted security breach.
Termination of the Services does not affect your obligations under this Agreement with respect to occurrences before termination.
19. Limitation of Liability.
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment.
No waivers of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of the BANK.
You may not transfer or assign your rights or duties under this Agreement.
22. Governing Law.
The laws of the state of Nebraska shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.
We can change a term or condition of this Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our Checking or Savings Account records, or e-mail address in which you authorized to receive such notices and/or disclosures.
Customer, in consideration of being allowed access to the Services, agrees to indemnify and hold the BANK harmless for any losses or damages to the BANK resulting from the use of the Services, to the extent allowed by applicable law.
25. Security Procedures.
By accessing the Services, you hereby acknowledge that you will be entering a protected website owned by the BANK, which may be used only for authorized purposes. The BANK may monitor and audit usage of the System, and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these websites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986.