IV. Mobile Deposit Terms and Conditions.
The mobile deposit capture services ("Services") are designed to allow you to make deposits to your checking and/or savings accounts by scanning checks and delivering the images and associated deposit information to the Bank or the Bank’s designated processor. The checking or savings accounts designated by you during the enrollment process must be set up through the Bank’s online banking service (each such account hereinafter referred to as an “Authorized Account”). Each such deposit is referred to in this Agreement as a “Mobile Deposit Transaction.” Mobile Deposit uses a smartphone camera to take a picture of the front and back of each check and submit the images electronically to make deposits to your checking or savings accounts. When capturing the images, visual brackets provide a guide for centering the check. Each check image is analyzed for quality upon submission; if the image does not pass, you will be immediately notified and you can re-capture the check image. You can cancel the transaction at any time during the mobile deposit process. However, once the transaction has been submitted, it cannot be canceled. By using the Service, you authorize the Bank to convert checks to images or create substitute checks for the purpose of clearing the check. The Bank reserves the right to change the Service at any time and in any manner in its sole direction. Your continued use of the Service will indicate your acceptance of any such changes to the Service.
B. Acceptance of these Terms.
By electronically accepting this Agreement, you are agreeing to all of the terms outlined within it. This Agreement is subject to change from time to time. We will notify you of any material change. We will provide you with advance notice of any changes to the terms of this Agreement when required to do so by applicable law. Your continued use of the Service after we provide you notice of changes will indicate your acceptance of the revised Agreement.
C. Limitations of Service.
When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
D. Hardware and Software.
In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Bank from time to time. See “CountyNationalBank.com” for current hardware and software specifications. You will also be required to download and install the Service application to your smart phone device from your wireless service provider. The Bank is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation. You understand and agree that you are solely responsible for any Internet, cellular, data download other charges that your Internet service provider or wireless service provider may impose for your access to the Internet or download of an application to use the Service.
A fee may be charged for the Service. You are responsible for paying the fees for the use of the Service. The Bank may change the fees for use of the Service at any time pursuant to the section titled "Acceptance of these Terms" above. You authorize the Bank to deduct any such fees from any account in your name.
F. Eligible items.
You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to the Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
G. Ineligible Items for Deposits.
You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
· Any third party check, i.e., any item that is made payable to any person or entity other than you.
· Any item that contains evidence of alteration to the information on the check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
· Any check previously converted to a “substitute check,” as defined in Regulation CC.
· Any check drawn or payable through any foreign bank or a financial institution located outside the United States.
· A “remotely created check” as defined in Regulation CC.
· Any checks not payable in United States currency.
· Any checks dated 6 months prior to the date of deposit.
· Any check that is “non-negotiable” (whether stamped in print or as a watermark).
· Any check that has been re-deposited or returned such as “non-sufficient funds” or “refer to maker” or returned for any other reason.
· Any check that is incomplete.
· Any check prohibited by the Bank’s current procedures relating to the Service or which are otherwise not acceptable under the terms of your Account Agreement.
· Any checks on with the numerical and written amount are different.
· Any check payable to “cash”.
· Money Orders.
· Savings Bonds.
· Counter Checks.
Deposits of this nature are grounds for the immediate termination of the Services and an immediate reversal of the transaction or credit to your account. A reversal means the amount of the item(s) deposited will be removed from your account and will reduce your account balance. The reversal may also result in a negative balance on your account and overdraft fees that may occur will be your responsibility.
Endorsements must be made on the back of the check within 1 /12 inches from the top edge, although we may accept endorsements outside this space. Your endorsement must indicate “For Mobile Deposit Only”. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. A check payable to two payees may only be deposited to an account with the same payee ownership. If a check payable doesn’t match the account ownership, the check will be returned.
I. Receipt of Check Images.
We reserve the right to reject any check image transmitted through the Service, at our discretion. We are not responsible for check images we do not receive or for images that are dropped or become corrupted or illegible during transmission. An image of a check shall be deemed received when you receive an “accepted status” confirmation from the Service that we have received the check image (if there are issues with the check image, a “deposit failed” message should display). Receipt of such confirmation does not mean that the transmission was error-free or complete, or that your Authorized account will not be charged back for the amount of the deposit and any applicable returned deposited item or other fee under the Account agreement if the check image presented is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.
J. Availability of Funds.
For determining the availability of your deposits via the Service, Mobile Transaction Deposits are classified as “not-in-person deposits” as defined in Regulation CC and are treated as deposits outlined in the Bank’s Funds Availability Policy. If you make a deposit before 6:00 pm on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 6:00 pm or on a day we are not open, we will consider that the deposit was made on the next business day we are open. You understand that following our receipt and processing of the image, funds from the check will be made available for your withdrawal and/or use on the NEXT business day after we receive your deposit; however, longer delays may apply. You also understand that credit is provisional until settlement is final. Refer to our Funds Availability Policy for complete information.
K. Retention and Disposal of Transmitted Items.
Upon your receipt of a confirmation from the Bank that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “RDC and the date” to ensure that it is not re-presented for payment.
· You agree to securely store each original check that you deposit using the Services for a period of at least sixty (60) days after transmission to us. After sixty (60) days and no later than ninety (90) days after you transmit the original check, you will safely destroy the original check.
· You understand and agree that you are responsible for any loss caused by your failure to secure the original checks.
· You agree never to re-present the check for deposit.
· You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check, or for our audit purposes. If you are unable to provide a sufficient copy of the front and back of the check you will be liable for any unresolved claims by third parties.
L. Deposit Limits.
We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. We are not responsible for any losses incurred as a result of rejecting deposits that you have made through the Service which exceed your deposit limits. Deposit Limits are $2,500 per day or 25 checks.
You agree to notify the Bank of any suspected errors regarding items deposited through the Services right away, and in no event later than 30 days after the applicable account statement is sent. Unless you notify the Bank within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error.
N. Errors in Transmission.
By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
O. User Warranties and Indemnification.
You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us using the Services:
· Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, no fraudulent check and the drawer of the check has no defense against payment of the check.
- The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
- Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice.
- Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check.
- Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check
- You have not knowingly failed to communicate any material information to us.
- You will retain possession of each original check deposited using the Services for the required retention period and neither you nor any other party will submit the original check for payment.
- Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes. You will not use the Services and/or your accounts for any illegal activity or transactions.
- Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.
You may, by written request send email to: firstname.lastname@example.org, terminate the Services provided for in this Agreement. We may terminate your use of the Services at any time. In the event of termination of the Services, you will remain liable for all transactions performed on your account.
Q. Ownership & License.
You agree that the Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to the Bank's business interest, or (iii) to the Bank's actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
R. Returned Deposits.
Any credit which we deposit into your account immediately following a Mobile Deposit Transaction initiated by you will be a provisional credit. If a check that you deposit using the Service is returned or charged back on your account it will be deducted in full from your account along with any fees that are incurred due to the check’s rejections as described in our fee schedule and Account Agreements. We are not responsible for any losses incurred as a result of deposits returned on your account.
S. Mobile Deposit Security.
You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destructions. If warranted in our reasonable judgment, we reserve the right to monitor your Mobile Deposit activity, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
V. Bill Pay Terms and Conditions.
A. Access to Bill Pay.
An Authorized User can initiate Bill Pay transfers through Online Banking or Mobile Banking. Transfers through Bill Pay can only be made to third parties that have been designated as payees in Bill Pay. In order to designate a third party as a payee in Bill Pay, an Authorized User must log into Online Banking and enter the payee’s information into the applicable Bill Pay screens. If any of the payee’s information changes, you or another Authorized User must immediately log into Online Banking and update the information in the applicable Bill Pay screens. You agree to immediately notify us if any payee fails to receive funds for a transfer initiated using Bill Pay.
We are not responsible for transfers that cannot be processed due to incomplete, outdated or otherwise incorrect information or if subsequent transfers to the same payee fail. Payees must be located within the United States, and we reserve the right to prohibit an Authorized User from designating or continuing to designate any third party as a payee. If you no longer want to initiate transfers to a third party through Bill Pay, you agree to remove that third party from the designated payees in Bill Pay.
Occasionally, Bill Pay may not be available. If we reasonably anticipate that Bill Pay may be unavailable for an extended period of time, we will post a message on our website. However, we do not guarantee the availability of Bill Pay on all computers, on all networks, or at all times. In no event, shall we be liable to you for any damages due to the inability to access Bill Pay or to execute transactions through Bill Pay.
B. Types of Transactions.
An Authorized User may only use Bill Pay to pay bills directly from an Account that is a checking account. An Authorized User can use Bill Pay to initiate one-time (single) or recurring transfers to third parties that you have designated as payees in Bill Pay. Although there is no limit on the number of transfers, Bill Pay cannot be used for a transfer of more than $25,000.
C. Processing Transfers Through Bill Pay.
We must receive a request to make a one-time transfer no later than 3:00 p.m. (Eastern Time) of the Business Day on which the Authorized User wants the transfer to be processed. If we receive the request to make a one-time transfer after 3:00 p.m. (Eastern Time) of the Business Day on the Authorized User wants the transfer processed or on a day that is not a Business Day, we will process the transfer on the next Business Day.
We must receive a request to process the first of a series of recurring transfers no later than 3:00 p.m. (Eastern Time) of the Business Day on which the Authorized User wants the first transfer of the series of transfers to be processed. If we receive a request to process the first of a series of recurring transfers after 3:00 p.m. (Eastern Time) or on a day that is not a Business Day, we will process the first transfer on the next Business Day after we receive the request. Other transfers in the series of recurring transfers will be processed based on the frequency you have selected, unless the date for processing the transfer is not a Business Day in which case the following apply:
· If the “Before Option” was selected for the series of recurring transfers, the transfer will be processed on the Business Day immediately before the otherwise applicable processing date (i.e., if the transfer would normally be processed on the first of the month and the first of September is Labor Day, the transfer would be processed on Friday, August 29 if it is a Business Day); or
· If the “After Option” was selected for the series of recurring transfers, the transfer will be processed on the Business Day after the otherwise applicable processing date (i.e., if the transfer would normally be processed on the first of the month and the first of September is Labor Day, the transfer would be processed on Tuesday, September 2 if it is a Business Day).
Additionally, if a recurring transfer is scheduled to occur on the twenty-ninth (29th), thirtieth (30th) or thirty-first (31st) of the month, the transfer will be processed on the last day of any month that ends sooner than the scheduled processing date (i.e., if the transfer would normally be processed on the thirty-first (31st) of each month, the April payment would be processed on April 30 if it is a Business Day). If the Bill Pay system calculates an Estimated Arrival Date for any transfer, the date is only an estimate. Arrival is not guaranteed by that date. You are responsible for ensuring that payees receive payments when they are due.
We may process a transfer by any means that is acceptable to us. We may process transfers by issuing and mailing a Bank check to a payee.
D. Canceling or Stopping a Transfer Scheduled Through Bill Pay.
A one-time transfer can be changed or canceled in Bill Pay any time before 3:00 p.m. (Eastern Time) of the scheduled processing date. Any single transfer in a series of recurring transfers can be changed or canceled in Bill Pay any time before 3:00 p.m. (Eastern Time) of the scheduled processing date. An Authorized User can cancel or change a series of recurring transfers by editing the series in Bill Pay.
Also, if you or another Authorized User has used Bill Pay, Online Banking or Mobile Banking to tell us in advance to make regular Electronic Funds Transfers out of an Account, such as by establishing a series of recurring transfers, you or another Authorized User can stop any of these regular Electronic Funds Transfers by calling us at 1-888-322-1088 or writing us at County National Bank, One South Howell Street, P.O. Box 283, Hillsdale, Michigan 49242. We must receive the request to stop payment three (3) Business Days or more before the Electronic Funds Transfer is scheduled to be made. If you or another Authorized User requests us to stop one of these Electronic Funds Transfers three (3) Business Days or more before the Electronic Funds Transfer is scheduled to be made and we do not stop or cancel the Electronic Funds Transfer, we will be liable for your losses and damages.
E. Fees and Charges.
We will charge the following fees for use of Bill Pay:
- Overnight Fee of $19.95 if a Bill Pay transfer is expedited, and we use overnight mail delivery.
- Second Day Delivery Fee of $14.95 if a Bill Pay transfer is expedited, and we use second day mail delivery.
- Second Day Electronic Delivery fee of $4.95 if a Bill Pay transfer is expedited, and we use second day electronic delivery.
- Charitable Donation Fee of $1.99 if Bill Pay is used to make a charitable donation.
- Gift Pay Fee of $2.99 if Bill Pay is used to send a gift check.
Additionally, you agree that we can charge the fees set forth in the other agreements, disclosures or fee schedules for particular banking products or Accounts (e.g., an overdraft fee), even if the fee results from use of Bill Pay. You agree that all fees we charge in connection with use of Bill Pay can be deducted from any Account that is a deposit account. We reserve the right to add or change fees for Bill Pay after sending notice in accordance with this Agreement and any applicable law.
You are responsible for obtaining an Internet and mobile communications service provider and for any amount that service providers may charge. You are responsible for all third party fees and charges incurred while using Bill Pay.
VI. General Terms for Online Banking, Mobile Banking and Bill Pay.
A. Limitation on Use.
You agree that Online Banking, Mobile Banking or Bill Pay will not be used by any Authorized User to conduct an illegal transaction, in connection with any illegal activity, or in any manner that would violate any federal, state or local law, regulation or ordinance. You further agree that Online Banking, Mobile Banking or Bill Pay shall not be used by any Authorized User in connection with Internet gambling.
We will disclose information to third parties about the Accounts and the transactions conducted through Mobile Banking, Online Banking, or Bill Pay:
(1)When it is necessary for completing the transaction;
(2)When required or permitted by any applicable law, rule, subpoena, order or other legal process;
(3)To protect against or prevent prohibited or illegal activity;
(4)To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability;
(5)If the third party is acting in a fiduciary or representative capacity for anyone who is an owner on the Account;
(6)If the third party is our attorney, auditor or examiner to the extent needed to determine our compliance with applicable law or regulation; or
(7)If you or another Account owner gives us permission.
C. Account Statements and Other Notices.
We will provide monthly statements for each Account that is a checking account and, at a minimum, a quarterly statement for each Account that is a savings account. We will provide a periodic statement for each Account that is a line of credit account. We do not provide regular statements for an Account that is a certificate of deposit.
We will provide all other notices required or permitted under this Agreement to you at your last known email address as set forth in our records, through Online Banking, or by mail. They will be effective upon sending unless otherwise specified in the notice. You must immediately notify us if your email address or mailing address changes. All notices that you are required or permitted to provide to us under this Agreement will be in writing, will be effective upon our receipt, and shall be delivered to County National Bank, One South Howell Street, P. O. Box 283, Hillsdale, Michigan 49242.
D. Overdrafts (Order of Payments, Transfers, and other Withdrawals).
If an Account that is a deposit account has insufficient funds to perform all the transactions requested from that Account for a given Business Day, transfers involving currency disbursements, such as point of sale transactions and ATM withdrawals, will have priority. Transfers initiated through Online Banking or Mobile Banking (including but not limited to Bill Pay transfers) may be canceled to the extent that they would otherwise result in an overdraft. If such a transfer initiated through Online Banking or Mobile Banking (including but not limited to a Bill Pay transfer) is not canceled, overdraft charges may be assessed pursuant to the terms of the deposit account agreement for the Account.
E. Mobile Device, Internet and Mobile Communications Providers.
We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) any Authorized User’s mobile communications service provider agreement, (ii) any Authorized User’s Internet service provider agreement; or (iii) any Mobile Device, hardware, software or other any product or service an Authorized User may purchase from others relating to Mobile Banking, Online Banking or Bill Pay. This Agreement does not amend or supersede any agreements that you or another Authorized User has with third party, and you remain subject to all terms, fees, costs, other charges, limitations and restrictions in those agreements with third parties. Mobile Device suppliers and service providers are responsible for their products and services. You agree that any problems any Authorized User may have concerning those companies’ products, services or agreements shall be resolved by directly with them and without involving us.
A Mobile Device or computer may become subject to unauthorized tracking, “hacking” or other manipulation by spyware, viruses or other malicious code or malware. We are not responsible for advising you or another Authorized User of the existence or potential effect of any malware, etc. Your use of a Mobile Device, computer, hardware and software is at your own risk. However, you agree to immediately notify us if any Authorized User’s Mobile Device or computer is subject to unauthorized tracking, hacking or other manipulation or if any Authorized User’s Mobile Device is lost or stolen.
F. Lost or Stolen Username or Password.
If you believe an Authorized User’s Username, password or Mobile Device has been lost or stolen, call us AT ONCE at 1-888-322-1088, or write to us at County National Bank, P.O. Box 283, Hillsdale, Michigan 49242. You should also call the number or write to the address listed above if you believe that a transfer has been made or transaction has been conducted without your permission.
G. In Case of Errors or Questions about Your Electronic Funds Transfers.
Telephone us at 1-888-322-1088 or write to us at County National Bank, P.O. Box 283, Hillsdale, Michigan 49242 as soon as you can, if you think that your deposit account statement is wrong or if you need more information about an Electronic Funds Transfer listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Tell us your name and deposit account number.
Describe the error or the Electronic Funds 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.
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error regarding an Electronic Funds Transfer occurred within ten (10) Business Days after we hear from you and will correct any error regarding an Electronic Funds Transfer promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question regarding an Electronic Funds Transfer. If we decide to do this, we will credit your deposit 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 ten (10) Business Days, we may decide not to credit your deposit account.
For errors involving Electronic Funds Transfers and new deposit accounts, we may take up to ninety (90) Business Days to investigate your complaint or question and we may take up to twenty (20) Business Days to credit your deposit account for the amount you think is in 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 we used in our investigation.
H. Disclaimer of Warranties.
Use of Online Banking, Mobile Banking and Bill Pay is at your own discretion and risk, and you will be solely responsible for any damage to any Mobile Device or computer system or data. No advice or information obtained from us or through or from Online Banking or Mobile Banking shall create any representation or warranty by us.
ONLINE BANKING, MOBILE BANKING AND BILL PAY ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF ONLINE BANKING, MOBILE BANKING OR BILL PAY, OR THAT YOUR USE OF ONLINE BANKING, MOBILE BANKING OR BILL PAY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ONLINE BANKING, MOBILE BANKING OR BILL PAY WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA.
ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US, OUR SERVICE PROVIDERS, OUR LICENSORS AND CONTENT PROVIDERS.
I. Our Liability for Failure to Process An Electronic Funds Transfer.
If we do not complete an Electronic Funds Transfer initiated through Mobile Banking or Online Banking (including a Bill Pay transfer that is an Electronic Funds Transfer) on time, or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are exceptions. For example, we will NOT be liable if:
(1)There is not enough money in an Account to make the transfer, or the funds are not available to make the transfer due to legal process or other restrictions;
(2)The transfer would cause the Account to exceed the credit limit on the overdraft line of credit (if any) for the Account;
(3)An Authorized User’s computer, Internet service, Mobile Device, or other equipment is not working properly;
(4)Our computers, Internet service or other equipment is not working properly and you or another Authorized User knows or has been advised about the malfunction before executing the transaction;
(5)The payee or the payee’s financial institution mishandles or delays the transfer;
(6)The Authorized User does not provide us with correct information or sufficient information to properly process the transfer;
(7)Circumstances beyond our control, including but not limited to flood, fire, natural disaster, war or a similar conflict, prevent us from properly completing the transfer; or
(8)You fail to notify us that the payee of a recurring series of Electronic Funds Transfers did not receive an earlier Electronic Funds Transfer.
J. Your Limited Liability for Unauthorized Transfers.
Tell us at once if you believe a Username, password or Mobile Device has been lost or stolen or if you believe that an Electronic Funds Transfer has been made without your permission. Telephoning is the best way to reduce possible losses. You could lose all the money in the Accounts that are deposit accounts plus your maximum overdraft line of credit, if any. If you tell us within two (2) Business Days after you learn of a loss or theft, you can lose no more than $50 if someone used a Username, password or other access device without permission.
If you do NOT tell us within two (2) Business Days after you learn of a loss or theft of a Username or password or access device and we can prove we could have stopped someone from using the Username, password or access device without permission if you had told us, you can lose as much as $500.00.
Also, if your statement shows transfers that you did not authorize, tell us at once. If you do not tell us about unauthorized Electronic Funds Transfers within sixty (60) days after the statement was sent 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 period.
K. Limitation of Liability and Indemnification.
To the extent permitted by law, you agree to indemnify us and our affiliates, officers, agents, and employees, and hold us and our affiliates, officers, agents, and employees harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from use of Online Banking, Mobile Banking, or Bill Pay or the breach of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ONLINE BANKING, MOBILE BANKING OR BILL PAY REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR ANY FAILURE TO COMPLY WITH THIS AGREEMENT DUE TO LEGAL RESTRAINT, INTERRUPTION OR FAILURE OF TRANSMISSION, WAR (DECLARED OR NOT), EMERGENCIES, LABOR DISPUTES, FIRE, NATURAL DISASTERS OR ANY OTHER CIRCUMSTANCES BEYOND OUR CONTROL.
ANY CLAIM RELATED TO ONLINE BANKING, MOBILE BANKING, BILL PAY OR THIS AGREEMENT MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH A CLAIM.
L. Copyright, Trademark and Ownership.
You acknowledge that the mobile, online and bill pay technology solutions, including any downloaded software, computer programs, images, graphics, text, photographs, notices, screens, web pages and other materials, are owned by us or third parties. You agree that no Authorized User will copy, display, distribute, download, license, sub-license, modify, publish, repost, reproduce, reuse, sell, transmit, create a derivative work from or otherwise use for public or commercial purposes, the information and materials on Online Banking, Mobile Banking or Bill Pay without our express written permission. Unless otherwise noted, all other trademarks, service marks, and logos used on the sites are the trademarks, service marks or logos of the Bank or others as indicated.
M. Amending this Agreement.
We may amend this Agreement by sending you a notice of the amendment. By continuing to use Mobile Banking, Online Banking or Bill Pay after the latter of receipt of the notice or any effective amendment date stated in the notice, you are deemed to accept the amended terms.
N. Termination and Suspension.
Either you or the Bank may terminate this Agreement upon ten (10) calendar days advance written notice to the other. If you terminate this Agreement, you will be responsible for any transfers that are processed before we receive and have a reasonable opportunity to act upon the notice. You may want to separately cancel any recurring transfers scheduled through Bill Pay.
Additionally, we may terminate this Agreement at any time without advance notice if we reasonably believe you or another Authorized User has breached this Agreement or violated any applicable law. This Agreement will automatically terminate if you do not maintain an Account with us, if you withdraw your consent to receive notices and disclosures electronically, if any license granted under this Agreement or any other agreement related to Bill Pay, Online Banking or Mobile Banking is terminated, or if we discontinue offering Online Banking, Mobile Banking or Bill Pay. Upon termination of the Agreement, Authorized Users will no longer be able to use Online Banking, Mobile Banking or Bill Pay. However, you will be responsible for transfers that are processed prior to termination and for your other obligations under this Agreement.
Furthermore, we may but are not required to suspend use of Mobile Banking, Online Banking or Bill Pay without terminating this Agreement if we are unable to process a transfer due to insufficient funds in one of the Accounts, Online Banking, Mobile Banking or Bill Pay has not been used by an Authorized User for three months, there are three or more unsuccessful attempts to log into Online Banking or Mobile Banking, or we reasonably suspect fraudulent activity has or may occur in connection with any Account or in connection with Online Banking, Mobile Banking or Bill Pay generally.
If we suspend use of Mobile Banking, Online Banking or Bill Pay, you or another Authorized User must call us at 517-439-4300 or 888-322-1088 or email us at email@example.com. A representative is available between the hours of 8:00 a.m. to 4:30 p.m. (Eastern Time) Monday through Thursday and 8:00 a.m. to 5:00 p.m. (Eastern Time) on Friday.
O. Governing Law.
This Agreement is governed by, and shall be construed in accordance with the laws of the State of Michigan without regard to the conflict of laws principles thereof.
To the extent permitted by applicable law, Bank and you each hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Q. Entire Agreement.
This Agreement and the agreements governing the Accounts embody the entire agreement between us and you with regard to Online Banking, Mobile Banking and Bill Pay. Any oral agreements, promises, negotiations, or representations not expressly set forth in this Agreement or the agreements governing the Accounts are of no force or effect. To the extent that this Agreement and any agreement governing an Account are inconsistent, this Agreement shall control to the extent of the inconsistency.
R. No Waiver.
No waiver of the performance or breach of, or default under, any condition or obligation in this Agreement will be deemed to be a waiver of any other performance, or breach or any other condition or obligation of this Agreement.
S. Jury Waiver.
YOU AND THE BANK EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION REGARDING ONLINE BANKING, MOBILE BANKING, BILL PAY OR THIS AGREEMENT.
Please Read the Information Below Very Carefully
For immediate access to online banking please contact us at 888-322-1088 or 517-439-4300 to obtain a PIN/Telebanc PIN. Without a PIN/Telebanc PIN you will be unable to enroll in online banking.
If you agree to abide by the information contained in the CNB Online Banking Agreement below please click "I AGREE". You will then be able to use this service. If you do not agree to these terms please click the "I DISAGREE" button. You will not be able to sign up for CNB Online Banking and will be returned to the homepage.
Click "I agree" if you accept the terms below. Click "I disagree" if you do not accept the terms below.