This Agreement is entered into between Citizens Financial Bank (the "Bank") and any customer of the Bank who subscribes to its online banking program, "Citizens Online Banking". The customer is referred to in this Agreement as "you" or "your." The Bank is referred to in this Agreement as "Bank," "us," and/or "our." You should carefully read this Agreement, the Bank's instructions on the use of Online Banking, as they may exist and as may be amended from time to time ("Instructions"), and the Online Banking Fee Schedule before you use Online Banking. If you use Online Banking or permit another person to use Online Banking on your behalf, you agree to the terms and conditions stated in this Agreement and the Online Banking Fee Schedule. By subscribing to and using Citizens Online Banking, you agree that you will follow all rules and regulations applicable thereto.
1. Other Accounts, Loan Agreements and Services
These terms and conditions are in addition to those that may apply to any accounts you may have with us, loans or credit extended to you by us, or any other services you obtain from us. If you have more than one account or other relationship with us, you may "link" the relationships together to the extent permitted. Accounts which are linked must have at least one common owner and signer. Any signer, acting alone, must be authorized to access a linked account (see Section 16).
2. Electronic Fund Transfer Act and Regulation E
Many transactions permitted through Online Banking may be governed by the Electronic Fund Transfer Act (EFTA) and its implementing regulation, Regulation E ("Reg. E"). Some of the terms and conditions of this Agreement are required by Reg. E.
3. Electronic Statements, Disclosures and Notices
Your consent is required prior to receiving electronic statements, disclosures and notices. You must provide us with your email address, which is needed to communicate with you electronically. You must also provide the Bank with an update should your email address change in the future.
If your email is returned to us undeliverable, a paper statement / notice will be produced and mailed to the postal address appearing on the statement / notice.
To view electronic statements / notices you will need Adobe Acrobat Reader.
You can withdraw your request at anytime by calling 1-888-226-5237 or writing us at Citizens Financial Bank, PO Box 9129, Highland, IN 46322.
We reserve the right to provide any disclosure or notices in writing, rather than electronically.
4. Computer Requirements
In order to use Online Banking, you will need use of a computer with Internet access with Internet Explorer 6.0 (or greater) or Netscape Communicator 6.1 (or greater). Some online banking features may not be available with earlier browser versions. For best viewing, please set screen resolution to 800x600.
5. Access Codes
Prior to your first use of Citizens Online Banking, you will select a User Identification Code (consisting of 7-12 alpha and numeric characters) and will receive a temporary password via U.S. Mail. (Hereafter these are referred to as the "Access Codes"). Upon your first use of Citizens Online Banking, you will be prompted to select a new password. You will need the Access Codes to gain access to Online Banking. You agree that the use of the Access Codes is an acceptable security procedure. You agree to keep your Access Codes confidential so as to prevent unauthorized access to your accounts with Online Banking. You understand that if you give or disclose your Access Codes to anyone, that person will have full access to your accounts, even if you attempt to limit that person's authority. You may change your Access Codes at any time at no cost to you.
If you forget your Access Codes, please contact the Bank at 1-888- 226-5237 to obtain a temporary Access Code (see Section 12). It may take several days before you receive these Codes. UNDER NO CIRCUMSTANCES WILL A BANK EMPLOYEE EVER REQUEST YOUR ACCESS CODES. DO NOT RESPOND TO ANY SUCH REQUEST, EVEN IF THE PERSON CLAIMS TO REPRESENT THE BANK.
6. Security
The Bank is committed to maintaining the security of its customers’ account information. Similarly, you agree to take every precaution to ensure the safety, security, and integrity of your accounts and transactions with Online Banking. The Access Codes allow complete access to your accounts and other services provided herein.
To preserve your account security, you agree that you will never give or disclose any part of your Access Codes to anyone, including a Bank employee, either in person, over the telephone, or while using the Internet. However, giving your Access Codes to another person shall be deemed a grant of full and complete permission and authority to that person to access your accounts. If you believe an unauthorized person has obtained your access codes, it is your responsibility to change your password.
You agree that you will never leave your account information where it can be seen by others, including a display on your computer screen.
You agree that you will never send your Access Codes or privileged account information over any public or general e-mail system.
You agree that once you have completed your online banking session, you will click "logoff" before shutting down your computer. We highly recommend you do not leave your computer unattended when using Citizens Online Banking.
7. Online Banking Account Services
To subscribe to Online Banking, you must have at least one account with the Bank. Your Online Banking subscription includes a Basic Service Package (at no charge).
Basic Service Package includes:
Access to balance information on checking accounts, savings accounts, money market accounts, certificates of deposit, lines of credit, installment loans, and mortgage loans
Transfers of funds between transaction accounts
Transaction history searches
Additional Products and Services include:
Online Bill Payment service processed through CheckFree™ Corporation
These programs and features are not exhaustive. The Bank may offer additional services in the future. This Agreement is intended to cover the terms and conditions of all services offered by Online Banking, including any such future services.
In most cases you may use Online Banking to gain access to any deposit accounts from which you have an unrestricted right to make withdrawals. The Bank reserves the absolute and unconditional right at any time and at its sole discretion to deny Online Banking account access, restrict Online Banking account transactions, or place limits on the specific dollar amount of funds that may be withdrawn or transferred from any account.
If you need further assistance, please call an Online Banking representative directly (see Section 12).
8. Description of Online Banking Functions
Depending on the service levels you select, you may be able to perform some or all of the following transactions:
8.1 Online Banking Functions
If you subscribe to this service, you may use Online Banking to: (a) transfer funds between your deposit accounts, (b) obtain account balances and transaction information for your deposit accounts, (c) review the history of transactions, and (d) Stop Payments, subject to the following:
A.
You must be an account owner to transfer funds between accounts residing in the same household. You may transfer funds from your checking, line of credit, money market or savings (not including Early Investors and Christmas Clubs) to your checking, money market, savings (including Early Investors and Christmas Club), or loan accounts. Transfers are not permitted between personal accounts and non-personal (business/organization) accounts.
B.
Your ability to transfer funds between certain accounts is limited by federal law. For example, current law provides that you can make no more than six (6) transfers from a savings or money market account during each statement period. In the case of a money market account, no more than three (3) of such transfers may be made by check. Transfers and bill payments made using both Online Banking and other transfer methods described in the Deposit Agreements are counted against the permissible number of transfers.
C.
Instructions to transfer funds between deposit accounts must be sent before 6:00 p.m. CST to be processed the SAME business day. Transfers completed after 6:00 p.m. CST Monday through Friday or on a non-business day (Saturday, Sunday or Holiday) will be processed on the following business day. These times are subject to change without notice.
D.
If you need to stop payment on a check, report a lost or stolen card, or report an unauthorized transaction from one of your accounts, we urge you to contact the Bank immediately by calling a Customer Service Representative at 1-888-226-5237 (see Section 12).
E.
Account transaction information will only be available from Online Banking for a period of 45 days on statement accounts and approximately 14 months for passbook savings accounts and loans.
F.
The Bank reserves the absolute and unconditional right to limit the frequency and dollar amount of any transactions from your accounts.
G.
A Stop Payment must be received in time to give us a reasonable opportunity to act on it. Requests received after regular banking hours will be deemed received on the next business day and are valid for 6 months and may be renewed in writing.
8.2 Bill Payment Service
The Bill Payment service is an electronic payment system which permits you to initiate and authorize payments from your checking account to those payees which you have selected in advance to receive payments by means of this service provided by the CheckFree™ Corporation. The terms and conditions of the Bill Payment Service are set forth in a separate document called Online Bill Pay Terms and Conditions.
9. Third Party Software; Virus Protection
The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with Online Banking (e.g., Quicken, Microsoft Money).
You agree that the Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your computer, diskettes, and software using a reliable virus product to detect and remove any viruses found. Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your computer. Additionally, you may unintentionally transmit the virus to other computers, diskettes, and software.
10. Instructions on the Use of Online Banking
The Instructions, among other things, will provide you with the information you will need to use Online Banking. The Instructions may be modified from time to time in order to conform with changes or advances in our services or as required by law, and from part of this Agreement.
11. Charges for Online Bill Pay
Depending on which additional services you subscribe to, you will be charged the applicable Online Banking monthly fee if any (the "Monthly Fee"). For Online Banking and Bill Pay fees refer to Schedule of Fees. Currently, Citizens does not charge for Online Banking or Bill Pay.
The Bank may change or add any fees for Online Banking as more particularly set forth in Section 25 below. In addition to the fees noted here, the regular and customary service charges and fees provided for our products and services will continue to apply.
By subscribing, you authorize the Bank to deduct all applicable Monthly Fees from the specified Primary Account.
12. Overdrafts, Order of Payments, Transfers and Other Withdrawals
If funds are withdrawn from any of your accounts by means of an electronic funds transfer other than through Online Banking on the same business day as an Online Banking transaction, and if the account contains insufficient funds to enable both the electronic funds transfer and the Online Banking transfer or bill payment to be made, then the electronic funds transfer will have priority and the Online Banking transfer or bill payment may be refused, at the Bank’s sole discretion. This can result in an overdraft on your account, and you could incur the usual and customary overdraft fees.
13. Reporting Unauthorized Transactions and Theft or Loss of Access Codes
If you need assistance or if you believe that an unauthorized transaction has been made from your account, or if an Access Device or Access Code has been lost, stolen, or misappropriated, please alert the Bank immediately by calling an Online Banking representative at: 1-888-226-5237.
If you are unable to call, please write us at:
Citizens Financial Bank
Attn: Customer Service Center
PO Box 9129
Highland, IN 46322
14. Periodic Statements
Your Online Banking payments and transfers will be indicated on monthly statements which we will provide to you or make accessible by mail or delivery service. We may also provide statements by electronic or other means. You agree to notify us promptly if you change your address or if you believe there are errors or unauthorized transactions in any statement.
15. Business Days and Hours of Operation
Online Banking services are scheduled to be available twenty-four (24) hours a day, seven (7) days a week. However, we only process transactions and update account information on scheduled business days. Our scheduled business days are Monday through Friday; Saturday, Sunday, and holidays are not included. Any transaction(s), including scheduled payments, to be made on a day that is not a business day will be processed on the next business day.
16. Customer's Responsibility and Liability
You must have enough available money or credit in any account from which you instruct us to make a payment or transfer, or to engage in any other transaction involving the payment or transfer of funds.
You agree that you are responsible for all transactions and bill payments you authorize or make using Online Banking, including any transactions or bill payments that you may unintentionally, inadvertently, or otherwise make or authorize. You agree that you are responsible for any losses, charges, or penalties incurred as a result of such transactions. If you permit other persons to use Online Banking or your Access Codes, you agree that you are fully and completely responsible for any transactions they make.
You must notify us immediately if you believe any of your accounts have been accessed or your Access Codes have been used without your permission.
If your Access Codes are used without your permission and you notify the Bank within 2 business days of discovering the unauthorized use, you can lose no more than $50.00. However, you can lose as much as $500.00 if you do not notify us within two (2) business days, provided we can show that the unauthorized use could have been prevented had you notified us within two (2) days.
If you do not report unauthorized transactions that appear on any of your periodic statements within sixty (60) days after the statements are mailed to you, you risk unlimited losses after the (60) day period has passed, provided we can show that the unauthorized use could have been prevented had we been notified within this sixty (60) day period.
At the Bank's sole discretion, we may extend the time periods provided herein. You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the fullest extent permitted by law.
17. Joint Accounts
The provisions of this section apply to any of your accounts that are jointly owned. As an owner of a joint account, you are jointly and severally liable for any amounts due to us under this Agreement. Each account holder acting alone may perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of or notify any other holder. However, you shall only be permitted to access accounts for which you are an owner or authorized user.
You individually release us from any and all liability and agree not to make any claim or bring any action against us for honoring or allowing any action or transaction if the person performing the action or transaction is also a holder or owner on the account in question, or is otherwise authorized to transact on the account or to use your Online Banking Account. You agree to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable legal fees) arising from any such claims or actions.
18. Bank's Responsibility
The Bank is responsible for completing transfers within a reasonable time according to your properly entered and transmitted instructions. However, we will not be liable for completing transfers and bill payments:
a.
If, through no fault of ours, you do not have enough money available in the account from which a payment or transfer is to be made;
b.
If the account has been closed, frozen, or is not in good standing;
c.
If we reverse payment or transfer because of insufficient funds;
d.
If any payment or transfer exceeds the credit limit of any account or under the Instructions of this Agreement;
e.
If you have not properly followed the Instructions on how to make a transfer, bill payment, or other transaction;
f.
If you have not given us complete, correct, and current instructions, account numbers, Access Codes, or other identifying information needed for us to properly credit your account or otherwise complete the transaction;
g.
If you do not authorize a transaction in enough time to reach its destination by the time it is due;
h.
If the recipient of any transfer does not credit your account in a timely manner after receipt;
i.
If you receive notice that any transaction or transfer has not been received, and you fail to notify us promptly of that fact;
j.
If withdrawals or transfers from any of your linked accounts have been prohibited by court order or legal process;
k.
If your computer or your software was not working;
l.
If Online Banking was not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment;
m.
If you, or anyone you allow to use your Access Codes or accounts, reasonably appears to have committed fraud or violated any law or regulation;
n.
If circumstances beyond the Bank's control prevent the transaction despite our use of commercially reasonable precautions to prevent loss of service. These circumstances may include, but are not limited to: telecommunications outages, postal strikes, delays caused by recipients, fires, and floods, or as otherwise provided in your Rules and Agreements for the respective account or service.
YOU AGREE, IN ADDITION, THAT THE BANK WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, ECONOMIC, OR OTHER DAMAGES ARISING OUT OF THE INSTALLATION, USE OR MAINTENANCE OF CITIZENS ONLINE BANKING AND/OR ITS RELATED EQUIPMENT, SOFTWARE, OR ONLINE SERVICES.
19. Disclosure of Account Information To Others
To the extent necessary to carry out the Online Banking functions, the Bank may disclose information about your accounts to third parties in the following instances:
a. When necessary to complete transfers and bill payments;
b. In order to verify the existence and condition of a Payment Account, such as a credit bureau or merchant, or for a payee or holder of a check issued by Online Banking;
c. In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal processes, or in order to give information to any government agency or official having apparent legal authority to request such information;
d. To protect the Bank from loss or to enforce our rights;
e. If, in the Bank's sole discretion and judgment, a third party, including affiliates of the Bank, has a legitimate business purpose for obtaining such information (See our Privacy Policy).
20. Notices and Communications
Except as otherwise provided for in this Agreement, all notices that must be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records, we may, with your permission, make such notices available to you through our Online Banking Service or at the last known e-mail address that we have for you in our records.
21. E-Mail Communications
You acknowledge your understanding that e-mail transmissions are not secure. Therefore, you agree that you will not send us, or ask us to send you confidential or sensitive information, such as your Access Codes (including your PIN), account numbers, or financial information over any general or public e-mail system. If you do so, you agree to be fully and wholly responsible for any loss resulting from use of such information.
22. Error Resolution
This section applies only to electronic funds transfers governed by the EFTA and Reg. E. In case of errors or questions about your Online Banking transactions, please contact the bank (see Section 12).
If you think your statement is wrong or if you need more information about a transaction listed on the statement, we must hear from you no later than sixty (60) days after we send or deliver to you the FIRST statement on which the problem or error appeared. If you have requested more information about a problem or error, we must hear from you within sixty (60) days after we send or deliver that information to you. We will need the following information from you:
a.
Your name and account number(s).
b.
The time, date, type of transaction, and the dollar amount of the suspected error. Describe the error or the transfer in question, and explain as clearly as you can why you believe it is an error.
c.
For a bill payment, tell us the number of the checking account used to pay the bill, payee name, date the payment was sent, payment amount, check number, and payee account number.
d.
If you tell us orally, we may require that you send in your complaint or question in writing within ten (10) business days after we hear from you. We will then in good faith attempt to correct any error promptly.
e.
We may take up to forty-five (45) days to investigate your complaint or question, in which case, we will re-credit your account within ten (10) business days for the amount you think is in error. However, if we request that you put your complaint or question in writing and we do not receive it within ten (10) business days, we may choose not to re-credit your account.
f.
If we decide that there was no error, 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 used in our investigation.
23. Information Authorization
By applying herein, you agree that we may review your credit rating at our own expense through an authorized credit bureau. In addition, you agree that we may discuss your question and obtain financial information regarding your account(s) from a merchant or other financial institution in order to resolve any payment posting or error resolution problems.
24. Data Recording
By your use of Online Banking, you agree that your transaction(s) and the information you transmit may be recorded and retained by the Bank.
25. Tape Recording
You agree that in an effort to protect you and to ensure good service we reserve the right to tape record any telephone conversations you have with us regarding the services covered by the Agreement. However, we are not obligated to do so and may, at our sole discretion, choose not to do so.
26. Amendment of this Agreement
Where the EFTA and Reg. E apply, the Bank may amend this Agreement at any time by sending notice to you by mail or, with your permission and to the extent permitted by law, by e-mail or electronic communication through Online Banking, at least twenty-one (21) days before the effective date of the amendment. Where the EFTA and Reg. E apply, notice is always required if the change would result in:
1.
Increased fees for the customer;
2.
Increased liability for the customer;
3.
Fewer types of available electronic fund transfers;
4.
Stricter limitations on the available dollar amounts or frequency of transfers.
We are not required to give notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic fund transfer system. However, if such a change is permanent, and disclosure would not jeopardize security, we will notify you in writing on or with the next regularly scheduled periodic statement or within thirty (30) days of making the change permanent.
If the EFTA and Reg. E do not apply to a particular transaction or circumstance, and other state or federal laws do not specify any notice or other requirements for an amendment, we reserve the complete and unconditional right to decide what kind of notice (if any) we will give you and the method of providing any such notice.
Your continued use of Online Banking after the effective time of any change in terms or amendments shall be deemed to be your agreement to any such amendment(s) of the Agreement, including the Instructions as they may be amended from time to time.
27. Assignment
The Bank may assign some or all of its rights and delegate its duties under this Agreement, with or without recourse.
28. Termination
Either you or the Bank may terminate this Agreement and your Online Banking subscription at any time upon giving written notice of the termination to the other party. For security reasons, online banking access will be cancelled (or closed) if not used within 3 months. If you terminate Online Banking, you authorize the Bank to continue making the transfers and bill payments you have previously authorized and continue to charge monthly fees until such time as the Bank has had a reasonable opportunity to act upon your termination notice. Once the Bank has acted upon your termination notice, the Bank will make no further transfers or payments from your accounts, including any transfers or payments you have previously authorized. If the Bank terminates your use of Online Banking, the Bank reserves the right to make no further transfers or payments from your accounts, including any transactions you have previously authorized.
29. No Waiver
The Bank shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising its rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
30. Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
31. Governing Law
Regardless of where you live or work or where you access our Online Banking service, this Agreement will be governed by, and construed in accordance with, the laws of the State of Indiana and the federal laws of the United States of America.
32. Enforcement
In the event the Bank brings legal action to enforce the Agreement or collect overdrawn funds on accounts accessed under the Agreement, the Bank shall be entitled, subject to applicable law, to payment by the other party of our reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. You agree that jurisdiction and venue for any action herein shall properly lie in Lake County, Indiana.
33. Severability
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.