Citizens Bank & Trust Company
Online Banking @ cbankandtrust.com
SERVICES AGREEMENT
By making application for Online Banking @ cbankandtrust.com, you
acknowledge and agree that the terms and conditions outlined in the application
and this agreement will apply to and govern your use of Online Banking @
cbankandtrust.com offered by the Citizens Bank & Trust Company (‘the Bank"),
and that you have read and understand the terms and conditions of this
application and this agreement. This application and this agreement create a
valid and binding legal contract between you and the bank. If you have questions
about this agreement, contact Citizens Bank & Trust, eBanking Department,
P. O. Box 469, Van Buren, Arkansas 72956, phone (479) 474-1201, before
entering into this contract.
- What This Agreement Cover. This agreement between you and
the Bank governs your use of the Bank’s Online Banking @ cbankandtrust.com
services, defined as any electronic service provided by the Bank that
permits you to access financial services or account information through the
use of a personal computer. Access will be provided through the Worldwide
Web of the Internet. You are responsible for providing your own access to
the Internet through the Internet Service Provider of your choice. The terms
and conditions of this agreement are in addition to and shall supplement the
terms, conditions, rules and regulations that apply to any of your existing
Citizens Bank & Trust Company accounts or services of the Bank which you
currently use.
- Service at Online Banking @ cbankandtrust.com. The Online
Banking @ cbankandtrust.com service enables you to review your current
account information and to transfer funds between and among your accounts to
the extent you identify your applicable accounts on your Online Banking @
cbankandtrust.com application.
- Transfers and Payments with Online Banking @ cbankandtrust.com.
When you instruct the Bank to transfer funds between or among your Citizens
Bank & Trust Company accounts through Online Banking @ cbankandtrust.com,
you authorize the Bank to withdraw the necessary funds from the bank account
you designate. As with any funds transfer request, whether or not utilizing
Online Banking @ cbankandtrust.com, you agree that you will instruct the
Bank to make a withdrawal only when a sufficient balance is or will be
available in your designated Citizens Bank & Trust account at the time of
withdrawal. The Bank will not be obligated to act on any withdrawal
instruction from you if sufficient funds, including overdraft lines of
credit, are not available in the account you designate.
- Cost of Online Banking @ cbankandtrust.com. There are
currently no monthly service charges or transaction fees for the Retail
Online Banking @ cbankandtrust.com service. However, you are responsible for
all telephone charges you incur in connecting to Online Banking @
cbankandtrust.com. You are also responsible for charges by any Internet
Service Provider you use.
- Changes in Terms. The Bank may change the Online Banking @
cbankandtrust.com services and the terms, including fees, set forth in this
agreement at any time. You will be notified of any such change as required
by applicable law, either by mail or by an electronic message. You
understand that you are agreeing to the change by using Online Bank @
cbankandtrust.com after a change becomes effective and after you are
notified of the change.
- Cancellation. This agreement will remain in effect until
it is terminated by you or by the Bank. You may cancel this agreement at any
time by notifying the Bank in writing mailed to:
Citizens Bank & Trust Company
Attention: Online Banking @ cbankandtrust.com Department
P. O. Box 469
Van Buren, Arkansas 72957
The Bank may cancel this agreement and terminate your use of Online
Banking @ cbankandtrust.com for any reason, at any time. The Bank will use
commercially reasonable measures to notify you in advance of any such
termination, but the Bank is not obligated to do so.
- Security. In order to maintain secure communications and
reduce fraud, you agree to protect the security of your numbers, codes,
marks, signs, public keys or other means of identification. The Bank
reserves the right to block access to Online Banking @ cbankandtrust.com to
maintain or restore security to the Bank’s systems if the Bank reasonably
believes your access codes have been or may be obtained or are being used or
may be used by an unauthorized person(s). You are liable and responsible for
all Online Banking @ cbankandtrust.com transactions made using your means of
identification, whether those transactions are made by you or any person you
authorize, permit, or enable to have your means of identification (even if
the person exceeds your authority) or by any person who obtains through you,
by whatever means, your means of identification. If you have given someone
your means of identification and wish to terminate their authority or if you
know or believe that your means of identification otherwise is compromised,
you must notify the Bank so that the Bank can take the necessary steps to
change the means of identification. You agree to defend, hold harmless and
indemnify the Bank from and against any and all claims of any nature arising
out of any such access by a person you have authorized, permitted or enabled
to have access to your Bank accounts via Online Banking @ cbankandtrust.com.
- Limit of the Bank and Other Providers’ Responsibility. The
Bank agrees to make reasonable efforts to ensure full performance of Online
Banking @ cbankandtrust.com. The Bank will be responsible for acting only on
those instructions sent through Online Banking @ cbankandtrust.com that are
actually received and cannot assume responsibility for malfunctions in
communications facilities not under its control that may affect the accuracy
or timeliness of messages you send. The Bank is not responsible for any
losses or delays in transmission of instructions arising out of the use of
any Internet Service Provider or caused by any browser software. Any
information you receive from the Bank can only be provided on a best-efforts
basis for your convenience and is not guaranteed. The Bank is not liable for
any computer virus or related problems, which may be attributable to Online
Banking @ cbankandtrust.com, or to any services provided by any Internet
Services Provider. In the absence of negligence on the part of the Bank,
none of the Bank, any of its affiliates or any of their respective officers,
directors, employees or agents is responsible for any direct, indirect,
special, incidental or consequential damages arising in any way out of the
use of Online Banking @ cbankandtrust.com. Because some states do not allow
the exclusion of limitation of liability for consequential or incidental
damages, in such states the liability of the foregoing entities and
individuals is limited to the extent permitted by law.
The Bank makes no express or implied warranties concerning Online
Banking @ cbankandtrust.com, including but not limited to, any
warranties of merchantability, fitness for a particular purpose or
non-infringement of third party proprietary rights unless, and then only to
the extent, disclaiming such warranties is prohibited by law.
- No Other Use. Online Banking @ cbankandtrust.com gives you
access to services and information from the Bank, which may be presented
with a distinctive "look and feel." These services, information and "look
and feel" are the proprietary property of the bank. You may use Online
Banking @ cbankandtrust.com only for your personal use and may not
reproduce, sell or distribute all or any portion of the information provided
to you by Online Banking @ cbankandtrust.com.
- Severability. In the event any one or more of the
provisions of this agreement shall for any reason be held to be invalid,
illegal or unenforceable, the remaining provisions shall remain valid and
enforceable.
- Governing Law. The terms and conditions of this agreement
shall be governed by and construed in accordance with the laws of the State
of Arkansas without regard to its conflicts of law provisions. Your existing
account relationships shall continue to be governed by and construed to be
in accordance with the laws of the state where the Citizens Bank & Trust
Company branch at which you initially established your bank account is
located or has been transferred by the Bank or as otherwise specified in the
applicable agreements between you and the Bank. Any issue relating to an
account or service with the Bank, which you access through Online Banking @
cbankandtrust.com shall be governed by the laws specified in the agreement
for that account or service if there is a separate agreement for that
account or service.
- Assignment. The Bank may assign its rights and delegate
its duties under this agreement to a company affiliated with the Bank or to
any other party. You may not assign any of your rights or duties under this
agreement at any time.
- Entire Agreement. This agreement is the entire agreement
between you and the Bank regarding your use of Online Banking @
cbankandtrust.com, and it supersedes any prior discussions and agreements
between you and the Bank regarding Online Banking @ cbankandtrust.com and
supersedes any marketing or other similar material pertaining to Online
Banking @ cbankandtrust.com delivered to you in writing, verbally or
obtained at any Citizens Bank & Trust Company site or the site of any
Internet Service Provider.
- Interruptions in Services. The Bank shall not be
responsible for nor shall it incur any liability as a result of any
interruption in services provided to on-line banking customers resulting
from matters outside the Bank’s control, including but not limited to
interruptions in telephone service, electrical services, equipment failures,
failures of outside service providers, or other interruptions in service
resulting from causes beyond the Bank’s control. In addition, the Bank may
on a regular basis perform maintenance on the Bank’s equipment or systems,
which may result in interruption of on-line banking at Online Banking @
cbankandtrust.com. The Bank will not incur any liability as a result of any
such interruptions.
- Mandatory Arbitration and Waiver of Jury Trial. Unless
otherwise required by law or regulatory provisions, all unresolved disputes
or claims arising out of or related to this agreement or services to be
provided pursuant to the terms of this agreement of any nature whatsoever,
whether in contract, tort or otherwise, at law or in equity, shall be
subject to an resolved by a binding arbitration under the expedited
procedures of the Commercial Financial Disputes Arbitration Rules of the
American Arbitration Association (AAA) and the Federal Arbitration Act
(FAA), Title 9 of the U. S. Code. To the extent conflicts arise between the
AAA procedures and the FAA, the FAA shall control. Any arbitration held
pursuant to this requirement shall be conducted in the city where your
account is established or as otherwise mutually agreed. A single arbitrator
appointed by the AAA shall conduct arbitration. The person so appointed by
the AAA shall have experience and knowledge of banking transactions. Any
issue concerning whether or to the extent to which a dispute or claim is
subject to arbitration, including but not limited to issues related to the
validity or enforceability of these arbitration provisions, or rights
pursuant to federal law or regulations, shall be determined by the
arbitrator so selected. All statutes of limitation or other defenses
relating to the timeliness of the assertion of a dispute or claim that
otherwise would be applicable to an action brought in a court of law or
equity shall be applicable to such arbitration, and the commencement of an
arbitration proceeding under this agreement shall be deemed the commencement
of an action for such purposes. No provision of this paragraph shall
restrict the ability of any person to exercise all rights and remedies
available under applicable law, regulations or this agreement, provided that
the exercise of those rights or remedies is subject to the right of any
other person to demand arbitration as provided herein to the extent not
otherwise inconsistent with such other rights and remedies. Unless otherwise
required by state statute, federal law or judicial ruling, all costs and
expenses of arbitration shall be born by the non-prevailing party, and all
legal costs and expenses shall be allocated in accordance with applicable
state and federal law. The commencement of legal action by a person entitled
to demand arbitration does not waive the right of that person to demand
arbitration with respect to any counterclaim or other claim. No person
entitled to demand arbitration herein shall be permitted to assert a dispute
or claim that is on behalf of any other person. In addition, no claims or
any other person or persons shall be jointed in such arbitration and
proceeding, each arbitration proceeding being an individual and exclusive
action. Similarly, an arbitration proceeding under this agreement may not be
consolidated with any other arbitration proceedings. Judgment upon the award
rendered in arbitration shall be final and may be entered in any court,
state or federal, having jurisdiction. IF A DISPUTE OR CLAIM IS NOT SUBJECT
TO ARBITRATION FOR ANY REASON, THEN THE DISPUTE OR CLAIM SHALL BE DECIDED IN
A COURT OF COMPETENT JURISDICTION TRIED TO THE BENCH WITHOUT A JURY. YOU AND
WE IRREVOCABLY WAIVE ALL RIGHTS TO JURY TRIAL AND SUBMIT SUCH ACTION TO THE
JUDGE SITTING AS A TRIER OF FACT.
- Minimum Software Requirements. Online Banking @
cbankandtrust.com requires access to the Internet through an Internet
Service Provider (ISP) of your choice. You must have browser software
installed on your computer system that supports 128-bit encryption.
17. Electronic Banking Disclosure.
(a)Introduction. This Electronic Banking Disclosure applies to
Electronic Funds Transactions (EFTs) and Online Banking @ cbankandtrust.com
involving the accounts of a "consumer" (a natural person). If you are not a
consumer, for example, if you are a corporation, a limited liability company or
a partnership, then neither this disclosure nor the terms contained therein
apply to you.
Electronic Funds Transactions (EFTs) cover a growing range of methods for
moving funds. The common link between all these methods is that they are all
means of moving money between accounts and banks electronically, rather than
using the physical movement of checks, drafts, negotiable orders of withdrawal
or other similar paper instruments. EFT is currently defined as any transfer of
funds that is started through an electronic terminal or magnetic tape for the
purpose of ordering, instructing or authorizing us to debit or credit your
account. The term includes, but is not limited to, Online Banking @
cbankandtrust.com. Transferring funds through Online Banking @ cbankandtrust.com
will supplement the use of checks, credit and cash, but will not replace these
present methods of doing business. As a consumer, you should be aware of your
rights if you choose to utilize Online Banking @ cbankandtrust.com. We have made
every effort to provide you this information in a clear and concise manner. If
you have any questions, please do not hesitate to contact Citizens Bank & Trust
Company:
|
Citizens Bank & Trust Company
Attention: Online Banking @ cbankandtrust.com Department
P. O. Box 469
Van Buren, Arkansas 72957 |
Monday - Friday
8:30 a.m. – 5:00 p.m
(479) 474-1201
Fax (479) 410-1340 |
You may also find out information about your account by calling the Citizens
Bank 24 Hour Bank-By-Phone Information Line, which allows access from any touch
tone telephone. Depending on the type of account accessed, you may obtain
information about your current and available balance, transaction inquires
(which will include paid checks, deposits, ATM transactions, EFT debits, etc.)
or a specific transaction by paid check number. During regular business hours,
you can speak to one of our associates who will be happy to assist you. You may
contact our Bank-By-Phone Information Line at:
Telephone (479) 410-5299
Available: 365 days a year, 24 hours a day
(except for routine maintenance)
Please use this disclosure in conjunction with the appropriate account Rules
and Regulations and Truth in Savings disclosures. Pleases refer to our current
service fee brochure for further information. Finally, you may also find out
information about your account through Online Banking @ cbankandtrust.com.
We will not sell lists containing names, addresses or other information about
consumers using Online Banking & cbankandtrust.com.
(b) Definitions.
Account: Any deposit account of yours at the Bank. For
transactions conducted using Online Banking @ cbankandtrust.com, the
term includes your Demand Deposit/Checking, NOW Checking, Statement
Savings and Money Market Accounts. (Savings withdrawals are governed by
Federal Regulations.)
Personal Identification Number (PIN): A unique code which is
selected and known only to the customer and must be used along with your
Internet Banking ID to perform transactions through Online Banking @
cbankandtrust.com or used to access INFO LINE Services.
Rules: The Bank’s Rules and Regulations for its
accounts, including those rules about the use of Online Banking @
cbankandtrust.com and Electronic Funds Transfer Services.
Transaction: Debits (limited to deposit accounts) or credits
on an account, including withdrawals, deposits and transfers.
(c) General Information about Online Banking @ cbankandtrust.com.
Online Banking @ cbankandtrust.com enables you to place stop payments, review
your current account information and to transfer funds between and among your
accounts to the extent that you identify your applicable accounts on your Online
Banking @ cbankandtrust.com application, subject to an applicable statutory or
regulator limitations. The use of Online Banking @ cbankandtrust.com does not
affect the applicable minimum balance requirements of or rates of interest
payable upon any account.
(d) Questions about your Electronic Fund Transfer(s) and/or Error
Resolution. Contact the e-Banking Department promptly if you have a question
or problem with an EFT (see telephone in Section 15(a). Examples of possible
problems are: You think your statement is wrong; you need more information about
a transaction listed on your statement; or you need more information about a
transfer.
We must hear from you no later than sixty (60) days after we sent the
FIRST statement on which the problem or error appeared. You need to provide
us with the following information:
- Your name, address, daytime telephone number and account number.
- Description of the suspected error or problem with a clear
explanation about why you believe is it an error, problem or why you
need more information.
- The dollar amount of the suspected error or problem.
If you notify the Bank orally or in person, we require you to send us the
foregoing information in writing within ten (10) calendar days after that oral
or in person notification. Failure to provide that writing may result in your
not receiving provisional credit during the investigation period.
The Bank will inform you of the status of its investigation within ten (10)
calendar days following the date you notified the Bank. The Bank will correct
any error as promptly as possible; however, it may take up to forty-five (45)
calendar days to complete the investigation. If more than ten (10) calendar days
is needed to investigate, the Bank will provide you with provisional credit so
you may have use of the money.
The Bank will correct any error within one business day after determining
that an error occurred. If the Bank decides that there was no error, the Bank
will send you a written explanation within three (3) business days after the
completion of its investigation. Upon request, the Bank will make the
documentation used in its investigation available for your inspection or provide
you with copies, for a reasonable fee to cover duplication costs.
The Bank’s record of your account will be binding if there is a difference
between the Bank’s record and your assertion.
(e) Stop Payments. If you have arranged for pre-authorized transfers
or issued a check to a third party from your account, you can stop any of these
payments by contacting the e-Banking Department in time for us to receive your
request three (3) business days or more before the payment is negotiated. We
will send you a confirmation receipt within seven (7) calendar days of your
initial request.
It is understood that a Stop Payment Order is not effective
until an actual signed order is delivered to Citizens Bank & Trust Company
(by mail or in person), P. O. Box 469, Van Buren, AR 72957, within fourteen
(14) days of an oral notification, and it remains effective for only six (6)
months thereafter. We will charge you a fee for each stop payment order.
Please refer to our Service Fees Brochure for current fees.
The initiation by you of certain EFTs from your account will, except as
otherwise provided in this agreement, effectively eliminate your ability to
stop payment of the transfer. Unless otherwise provided in this
agreement, you may not stop payment of EFTs; therefore, you should not
employ electronic access for purchases and services unless you are satisfied
that you will not need to stop payment.
(f) Your Liability for Unauthorized Transfers and Advisability of Prompt
Reporting. Inform the Bank AT ONCE if you believe there is any or the
potential for any fraud regarding your account. Telephoning is the best way to
keep possible losses down. Contact the Bank immediately if you believe that:
- Your means of identification (as further described in Section 7) is lost
or stolen.
- Your PIN and ID are known to someone other than yourself.
- You believe someone has transferred or may transfer money from your
account without your permission.
- Your statement shows transfers that you did not make.
You could lose all the money in your associated accounts plus the maximum
amount of any overdraft line of credit. To the extent a transaction is an
electronic funds transfer, if you tell us within two (2) business days after you
learn of the loss, theft or unauthorized transaction, you can lose no more than
$50.00 if someone used your password or made a transaction without your
authorization. If you do NOT tell us within two (2) business
days after you learn of the loss, theft or unauthorized transaction, and we can
prove we could have stopped someone from using your Password or the Online
Banking @ cbankandtrust.com without your authorization if you had told us, you
could lose as much as $500.00. Also, if your statement shows a transaction that
you did not make or authorize, tell us at once. If you do not tell us within
sixty (60) days after the statement was mailed, electronically transmitted or
otherwise made available to you, you may not get back any money you lost after
the 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 may extend the time periods as may
be reasonable under the circumstances.
(g) The Bank’s Liability for Failure to Make Transfers. If the Bank
does not complete an electronic funds transfer to or from your account on time
or in the correct amount according to this agreement with you, the Bank will be
liable for proven losses or damages. However, there are some exceptions. The
Bank will NOT be liable, for instance:
- If, through no fault of the Bank, you do not have enough money in your
account to make the transfer;
- If the funds in your account are subject to legal process or other
encumbrance restricting such EFT;
- If the transfer would go over your credit limit;
- If the Bank’s internal computer system was not working properly and you
knew abut the breakdown when you started the transfer or, in the case of a
pre-authorized transfer, at the time such transfer would have occurred;
- If the system failure was not intentional and resulted from a bona fide
error, notwithstanding the maintenance of procedure reasonably adapted to
avoid any such error;
- If circumstances beyond the Bank’s control (such as fire or flood)
prevent the transfer, despite reasonable precautions that we have taken; or
- If the delay causes you no losses or damages which you can prove in
court.
The Bank will be liable if you request us in writing to stop payment to a
particular EFT at least three (3) business days before the scheduled debit and
we do not stop payment, or if our failure to transfer out was due to our failure
to credit a deposit which would have provided sufficient funds for the transfer
out.
(h) Termination. You may terminate any agreement authorizing transfers
to or from your account by written notice to both the person or company
initiating the transfer and the Bank. Only transfers scheduled to occur after
the Bank receives your notification are affected. Your written notice must be
received with enough time so that both the Bank and the other person or company
have a reasonable opportunity to act on your request.
(i) Charges for Transfers or Right to Make Transfers. As indicated in
Section 4, there are currently no monthly service charges of transaction fees
for the Retail Online Banking @ cbankandtrust.com. There are other fees
associated with your account or accounts, such as stop payment fees,
insufficient funds fees, uncollected funds fees and ATM transaction fees. Please
refer to our current Service Fee Brochure.
(j) Prohibition of Compulsory Use. No person may
- Require you to use a pre-authorized electronic funds transfer as a
condition for the extension of credit;
- Require you either to accept a transfer service or to establish an
account which is accessed electronically as conditions of employment or
receipt of governmental benefit; or
- Require you to pay electronically for the purchase of goods or services.
(k) Waiver of Rights. No letter or agreement signed by you can negate
the rights conferred to you by law unless you decide to waive these rights in
settlement of a dispute or action.
(l) Prohibited Means of Identification. Your Social Security Number
cannot be used as a primary identification number, although it can be used as a
secondary means of identification.
(m) Right to Change the Terms of this Disclosure and/or Agreement. We
may amend this disclosure and/or agreement at any time. If we change any term(s)
or condition(s), which would result in a greater cost or liability to you or
decrease access to your account, we will notify you at least thirty (30) days in
advance. We will mail a written notice covering the substance of the amendments
to your address on record. The amendment will be in effect for transactions
after its effective date, unless you notify us in writing before that date that
you will not use Online Banking @ cbankandtrust.com. Otherwise, you will agree
to the amendment.
We may implement a change in the terms or conditions of an account without
prior notice if it is necessary to maintain or restore the security of an EFT
system or a consumer’s account.