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Online Banking Agreement


1. The Service.
In consideration of the Online Banking services (“Services”) to be provided by City Bank and Trust Co. (“BANK”), as described from time to time in information distributed by BANK to its customers. In the agreement, “Customer” refers to the person(s) subscribing to or using the Service, the Customer agrees as follows. You may use a Personal Computer (“PC”) through an Internet connection to obtain account balances and transaction information. You may also use your PC to obtain statements on your accounts and to transfer money between your accounts. However, transfers from your savings and Money Market accounts are considered pre-authorized transfers, and pre-authorized transfers are limited to six (6) per monthly statement cycle by federal regulations. In addition, you may use your PC to electronically direct us to make payments from your account to third parties (“Payees”) that you have selected to receive payment through the Service. You may make payments through the Service to any business professional, merchant, family member, or friend. The “Account” means your designated bill payment checking account at BANK from which we make bill payments on your behalf pursuant to the Agreement. By subscribing to the Service or using the Service to make any payments to a third party, you agree to the terms of the Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.

2. Your User Code and PIN or Password.
Each individual who has access to Online Banking, including each individual named on joint accounts, must designate a Personal Identification Number (“PIN”) or Password and a user code. Your PIN or Password must be a minimum of 6 characters, up to a maximum of 17 characters, which must consist of at least two (2) capitalized letters, two (2) lower case letters, and two (2) numeric characters. For example, your PIN or Password may be jk2TR4. You may be required to change your PIN or Password periodically to enhance security.

City Bank & Trust Co., BillPay Plus

3. HOW TO SET UP PAYEES/PAYMENTS

  • If you want to add a new “PAYEE”, select the “Payee” tab located in your Bill Pay application or speak to a service representative.
  • You may add a new fixed payment to a “Payee” by accessing the service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the service.
  • The Financial Institution reserves the right to refuse the designation of a “Payee” for any reason.
  • You may pay any “Payee” within the United States (including U.S. territories and APO’s).
  • The Financial Institution is not responsible for payments that can not be made due to incomplete, incorrect, or outdated information.
4. THE BILL PAYING PROCESS
Single Payments – a single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s process date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled by the Financial Institution, is currently 3:00 pm, CST.

A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain holidays) as the payment’s process date, the payment will be processed on the first business day following the designated process date.

Recurring Payments - When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
  • If the recurring payment‘s “Pay Before” option is selected, the process date for the new occurrence of the payment is adjusted to the first business date prior to the calculated process date.
  • If the recurring payment’s “Pay After” option is selected, the process date for the new occurrence of the payment is adjusted to the first business date after the calculated process date.
Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.

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.
  • If you do not have sufficient funds in the account and the Financial Institution has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand.
  • You further agree the Financial Institution, at its option, may charge any of your accounts with the Financial Institution to cover such payment obligations.
The Financial Institution reserves the right to change the cut-off time. You will receive notice if it changes.

8. LIABILITY
  • You are solely responsible for controlling the safekeeping of and access to, your Personal Identification Number (PIN).
  • You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority.
  • If you want to terminate another person's authority, you must notify the Financial Institution and arrange to change your PIN.
  • You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment.
  • The Financial Institution is not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment.
  • The Financial Institution is not liable for any failure to make a bill payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a “Payee” for a bill payment.
  • The Financial Institution is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Financial Institution's agent.
  • In any event, the Financial Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this agreement or the service, even if the Financial Institution has knowledge of the possibility of them.
  • The Financial Institution is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution's reasonable control.
9. AMENDMENT TERMINATION

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 Financial Institution has the right to terminate this agreement at any time.
  • You may terminate this agreement by written notice to the Financial Institution.
  • The Financial Institution is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice.
  • You remain obligated for any payments made by the Financial Institution on your behalf.
10. SERVICE FEES

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.

Written Correspondence to “Payee”: $10.00
Per proof of payment not necessitated by a dispute: $10.00
Payments returned due to customer error: $5.00
Overdraft fee – Item paid: $30.00
NSF Returned Item fee: $30.00

Expedited Payment Fees will include:
Overnight Fee: $14.95
2nd Day Fee: $9.95
Reinstate Fee: $50.00

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.

11. Statements.
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.

12. Equipment.

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) 420-2002 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) 420-2002 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.

18. Termination.
If you want to terminate your access to the On-Line Banking Services, call us at (402) 420-2002 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.

20. Waivers.
No waivers of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of the BANK.

21. Assignment.
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.

23. Amendments
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.

24. Indemnification.
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.

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