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Part one with Holleigh Baker and Mike Jors, with County National Wealth Management.
Part Two with Holleigh Baker and Mike Jors, with County National Bank Wealth Management.
If you consent to this Agreement Regarding Electronic Delivery of Disclosures (“the Agreement”), you will be agreeing that County National Bank (“the Bank”) can provide the documents described in this Agreement (“the Disclosures”) to you electronically through the Bank’s online banking system. If you do not consent to this Agreement, the Bank will be required to provide the Disclosures to you in paper or other non-electronic form. Even if you do not consent to this Agreement, the Bank may be able to provide documents that are not Disclosures to you electronically, such as by electronic mail. However, if you do not consent to this Agreement, you will not be able to enroll in or use the Bank’s online banking, mobile banking or bill pay services and you will not be able to receive e-Statements.
Please review the entire Agreement carefully. You should also print, download, or save a copy of this Agreement for your records.
If you consent to this Agreement, you are agreeing that the Bank can deliver any and all of the following Disclosures to you electronically through its online banking system: (1) disclosures, notices and other documents required by law to be provided in connection with deposit account use or maintenance; (2) periodic statements for deposit accounts; (3) disclosures, notices and other documents required by law to be provided in connection with loan account use, sale, transfer, servicing, or collection; (4) periodic statements for loan accounts; (5) disclosures, notices and other documents required by law to be provided in connection with opening, using or maintaining online banking, mobile banking or bill pay; and (6) change in terms notices required by law for any deposit account, loan account or other service.
These Disclosures include but are not limited to: privacy notices; renewal notices for certificates of deposit; overdraft protection notices; funds availability disclosures; hold notices on deposits; error resolution notices; changes to fee schedules; change in terms notices required by Regulation E, Regulation DD, Regulation Z or any other law or regulation.
Some Disclosures may be included in contracts or agreements, such as the Electronic Banking Agreement or an agreement for a home equity line of credit. By consenting to this Agreement, you are also agreeing that the Bank can deliver the Electronic Banking Agreement to you electronically during the log in process for online banking and any amendments electronically through online banking.
This Agreement applies to Disclosures related to online banking, mobile banking, or bill pay as well as to any consumer purpose loan account or consumer purpose deposit account enrolled in the Bank’s online banking service.
You have a right to receive paper copies of this Agreement and each of the Disclosures. However, if you consent to this Agreement, the Bank will not mail or otherwise deliver paper copies of them to you, unless you specifically request a paper copy. To receive paper copies of this Agreement or any Disclosure at no charge, write the Bank at County National Bank, Attn. Customer Service, One South Howell Street, Hillsdale, MI 49242; call the Bank at 1-888-322-1088; email the Bank at custserv@cnbb.bank; or speak with a Customer Service Representative at any Bank branch. The Bank will provide paper copies upon request to the extent that they are still reasonably available to the Bank.
You may also save copies to your computer or other electronic device. If you have a printer connected to your computer or other electronic device, you may also print copies.
After you consent to receiving the Disclosures electronically, you can withdraw your consent by writing the Bank at County National Bank, Attn. Customer Service, One South Howell Street, Hillsdale, MI 49242; calling the Bank at 1-888-322-1088; emailing the Bank at custserv@cnbb.bank; or speaking with a Customer Service Representative at any Bank branch. The withdrawal of your consent will be effective within a reasonable time after the Bank receives it. It will not apply to any Disclosure that you received electronically prior to withdrawing consent. After your withdrawal is effective, the Bank will not provide the Disclosures electronically and, to the extent required by law, will provide them to you in paper or other non-electronic form.
If you withdraw your consent, the Bank will terminate your access to its online banking, mobile banking and bill pay services.
In order to receive and retain electronic copies of the Disclosures, you must have the following hardware and software:
A personal computer or other electronic device and operating system. The computer or other device must be capable of accessing the Internet.
An Internet connection.
Software or a program that permits you to receive, access, read and store portable document format files or PDF files. Such software and programs include Adobe® Acrobat Reader® version 8.0 and above.
An Internet web browser capable of supporting 128-bit SSL encrypted communications, such asMicrosoft® Internet Explorer 9.0 or above, the current version of Mozilla Firefox , Safari , or Google Chrome (with cookies enabled).
In order to print copies of the Disclosures, your computer or other electronic device must be connected to a functioning printer.
You assume responsibility for providing a valid email address to the Bank. You must notify Bank of any change in your e-mail address by updating your email address in the Bank’s online banking system or writing to the Bank at County National Bank, Attn. Customer Service, One South Howell Street, Hillsdale, MI 49242.
By clicking “I Agree” you consent to the electronic delivery of the Disclosures, including but not limited to the Disclosures in the Electronic Banking Agreement. You also agree that Bank does not need to provide you with a paper or other non-electronic copy of any Disclosure, unless you specifically request a paper or other non-electronic copy of that Disclosure or the Electronic Banking Agreement. Your consent is valid until you withdraw your consent pursuant to this Agreement.
In order to use County National Bank’s online banking, mobile banking and bill pay services, you will need to agree to the terms and conditions set forth in the County National Bank Electronic Banking Agreement, which is below. For enrollment, you will need a PIN (Telebanc PIN), please call 1-888-322-1088 or 517-439-4300 during County National Bank’s normal business hours if you do not know your PIN. You will create a Username and password and security questions/answers to use County National Bank’s online banking, mobile banking and bill pay services. You must log into online banking at least once before you will be allowed to use mobile banking or bill pay.
If you agree to the terms and conditions contained in the County National Bank Electronic Banking Agreement, please read the following terms and conditions. At the end, click the “I Agree” button. If you click “I Agree,” you will be able to use County National Bank’s online banking, mobile banking and bill pay services. Use of County National Bank’s online banking, mobile banking, or bill pay service will be subject to the County National Bank Electronic Banking Agreement.
If you do not agree to these terms and conditions, please click the “I Disagree” button. You will not be able to use County National Bank’s online banking, mobile banking or bill pay services and will be returned to the homepage.
Please read the entire County National Bank Electronic Banking Agreement before clicking “I Agree.”
COUNTY NATIONAL BANK ELECTRONIC BANKING AGREEMENT
This County National Bank Electronic Banking Agreement (“Agreement”) contains the terms and conditions that govern your use of Online Banking, Mobile Banking, and Bill Pay. The terms and conditions in this Agreement are in addition to those that apply to any Account or other service you have with us. You should print this Agreement or contact us for a copy. The current version of this Agreement can be viewed through Online Banking.
Before using Online Banking, Mobile Banking, Bill Pay or any electronic services you must: (a) consent to electronic delivery of disclosures, and (b) agree to the terms and conditions in this Agreement by clicking “I Agree” above. In addition, you automatically renew your acceptance of this Agreement each time you log in as a user of Online Banking or Mobile Banking and each time you use Online Banking, Mobile Banking or Bill Pay.
Each Authorized User will have a unique Username and password and will be able to access and conduct transactions with Online Banking, Mobile Banking, and Bill Pay without the consent of any other Authorized User. Except as otherwise provided in this Agreement, you agree that we are authorized to act on instructions received through Online Banking, Mobile Banking or Bill Pay under any Authorized User’s Username and password. Any owner of an Account can terminate Online Banking, Mobile Banking, and Bill Pay services with respect to that Account.
I. Definitions.
The terms “we,” “us,” “our,” “Bank” and “County National Bank” refer to County National Bank.
The terms “you” and “your” refer to the Bank customer who is entering into this Agreement.
“Account” or “Accounts” means your account or accounts enrolled for use with Online Banking, Mobile Banking or Bill Pay. In order to be enrolled for use with Online Banking or Mobile Banking, an account must be an open and active Bank checking, savings, certificate of deposit, or line of credit account. In order to be enrolled for use with Bill Pay, an account must be an open and active Bank checking account.
“Authorized User” means each owner of an Account and each individual who is an authorized signer for an Account.
“Bill Pay” means the service that we make available pursuant to this Agreement and that allows you and other Authorized Users to make payments to designated third party payees from an Account that is a checking account. You can initiate Bill Pay transactions through Online Banking or Mobile Banking only.
“Business Day” is any day Monday through Friday, excluding federal public holidays.
“Electronic Funds Transfer” means a transfer that is initiated through Mobile Banking or Online Banking to debit or credit an Account that is a deposit account used primarily for personal, family or household purposes. The term does not include any transfer made through Fedwire or a similar wire transfer service, any transfer of funds between your Accounts, or any transfer between any of your Accounts and any of your family member’s accounts with us.
“Mobile Banking” means the service that we make available pursuant to this Agreement and that enables you and other Authorized Users to conduct banking transactions with user receive mobile alerts from us by using a Mobile Device.
“Mobile Device” means a cellular telephone or similar wireless communications device on which you or another Authorized User has installed Mobile Banking Software, or that is capable of conducting Mobile Banking transactions or receiving mobile alerts by using other protocols we may choose to permit.
“Mobile Banking Software” means the software downloaded in order to use Mobile Banking. We reserve the right to change the Mobile Banking Software and other protocols that we allow for Mobile Banking at any time without prior notice.
“Online Banking” means the service that we make available pursuant to this Agreement and that enables you and other Authorized Users to conduct banking transactions with us by using a personal computer.
II. Online Banking Terms and Conditions.
A. Access to Online Banking.
An Authorized User will need a personal computer and access to the Internet to use Online Banking. You are responsible for the installation, maintenance and operation of any software and computer. We will not be responsible for any errors or failures involving any telephone service, Internet service, software installation or your computer.
Occasionally, Online Banking may not be available. If we reasonably anticipate that Online Banking 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 Online Banking on all computers, on all networks, or at all times. In no event, shall we be liable for any damages due to the inability to access Online Banking, any particular Online Banking function, to execute transactions through Online Banking, or to receive information through Online Banking.
B. Password and Username.
An Authorized User must use his or her Username along with his or her password to access Online Banking. Each Authorized User is required to create a new Username and password upon his or her initial login to Online Banking. The new password and Username must contain no fewer than twelve (12) and no more than seventeen (17) characters. Passwords cannot contain any keywords, predictable terms, any variation of the user name or number series (for example, Fiserv, CNB, Default or 12345). The new password shall use both upper and lower case characters, number and a special character. Passwords and Usernames are case sensitive.
A Username and password should not be associated with any commonly known personal identification such as social security number, address, date of birth, or names of relatives. The password should be memorized, not written down.
Authorized User will need to remember passwords and Usernames in order to access Online Banking. Passwords are not communicated to us. Upon three unsuccessful attempts to log in, access to Online Banking will be suspended until an Authorized User contacts us to have the password reset or to obtain a new temporary password. An Authorized User may contact a customer service representative at custserv@cnbb.bank or call our Electronic Banking Department at 517-439-4300 or 888-322-1088 for assistance.
You agree not to disclose or otherwise make your Username or password available to anyone, and you agree to ensure that other Authorized Users do not disclose or make their Usernames and passwords available to anyone. Except as otherwise provided in this Agreement, you agree that we are authorized to act on instructions received under any Authorized User’s Username and password. You accept responsibility for the confidentiality and security of all Usernames and passwords. You agree that you will change your password regularly, that all other Authorized Users will change passwords regularly, and that all future passwords will comply with the requirements set forth above.
C. Types of Transactions.
An Authorized User may use Online Banking to:
Transactions involving a deposit account, including checking account stop payment requests, will be subject to the terms of the applicable deposit account agreement and disclosures. Transactions involving a line of credit account will be subject to the terms of the applicable loan agreement and the disclosures we previously provided to you.
D. Posting of Transfers.
Transfers, other than Bill Pay transfers, received through Online Banking before 7:00 p.m. (Eastern Time) on a Business Day are posted to the Account the same day. Transfers, other than Bill Pay transfers, received after 7:00 p.m. (Eastern Time) on a Business Day or on a day that is not a Business Day, will be posted on the next Business Day. You agree that Authorized Users will communicate with one another concerning any transfers from the Accounts in order to avoid overdrafts or exceeding an applicable credit limit. See Section IV.C for information regarding the processing of Bill Pay transfers.
E. Limitation on Number and Amount of Transactions.
Transfers from an Account that is a savings account or money market account to another account or to third parties by preauthorized, automatic, or telephone transfer are limited to six per month or statement cycle. Online Banking cannot be used for transfers to or from a certificate of deposit. Online Banking may only be used to initiate a Bill Pay transaction from an Account that is a checking account.
F. Stop Payments.
An Authorized User may initiate a stop payment request for checks written on and ACH transactions from an Account that is a checking account or a savings account. This stop payment service is not available to cancel transfers scheduled through Bill Pay. See Section IV.D for information regarding canceling or stopping payment on a transfer scheduled through Bill Pay. Online stop payment requests are processed on the same Business Day for a request received by 7:00 p.m. (Eastern Time) on a Business Day. Online stop payment requests received on a Business Day after 7:00 p.m. (Eastern Time) or received on a day that is not a Business Day will be processed on the next Business Day following the date we received the stop payment request. Stop payment requests initiated through Online Banking shall be binding once we receive them. A signature is not required.
Also, if you or another Authorized User has used Online Banking to tell us in advance to make regular Electronic Funds Transfers out of an Account that is a deposit account, such as by establishing a series of recurring transfers, you or another Authorized User can stop any of these 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.
G. Fees and Charges.
Currently, we do not charge fees for Online Banking. However, we may charge the fees set forth in agreements, disclosures or fee schedules for particular banking products or Accounts (e.g. overdraft fee), even if the fee results from the use of Online Banking.
For Bill Pay fees, see Section IV.E. We reserve the right to add or change the fees for Online Banking after sending you notice in accordance with this Agreement and any applicable law. You agree that we may deduct all such fees from any Account that is a deposit account. You are responsible for Internet service fees you incurred in connection with use of Online Banking.
III. Mobile Banking Terms and Conditions.
Thank you for using County National Bank Mobile Banking combined with your handheld's text messaging capabilities. Message & Data rates may apply. For help, text "HELP" to 99588. To cancel, text "STOP" to 99588 at any time. In case of questions please contact customer service at 888-322-1088 or visit https://www.cnbb.bank/
County National Bank Privacy Policy https://www.cnbb.bank/About-CNB/Privacy-Notice
Terms and Conditions
Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of County National Bank or any service provider.
Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, County National Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files, data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). County National Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. County National Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by County National Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of County National Bank or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose {County National Bank}, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.
Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.
Fingerprint Login for Mobile Banking.
Fingerprint Login is an optional fingerprint sign-in method for County National Bank Mobile Banking that may be available for certain Apple® (via Touch ID™) and Android® mobile devices that have a built-in fingerprint scanner. To use Fingerprint Login, you will need to first save your fingerprint on your mobile device (for more help with fingerprint scanning, contact the manufacturer that supports your mobile device.). Fingerprints are stored on your device only and County National Bank never sees or stores your fingerprint information. You acknowledge that by enabling Fingerprint Login, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within County National Bank Mobile Banking. County National Bank reserves the right to suspend or disable this feature at any time. Fingerprint Login can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your fingerprint, you can sign in using your standard login credentials (e.g., password). To use Fingerprint Login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Fingerprint Login anytime within County National Bank Mobile Banking.
Apple and Touch ID are trademarks of Apple Inc. Android is a trademark of Google Inc.
CNB CardHub (the “App”)– powered by Fiserv – helps you control your CNB debit cards through your mobile device, making it easy to manage your finances on the go.
The App allows you to:
This Privacy Policy, in combination with other relevant privacy notices that we provide to you (e.g., pursuant to financial privacy laws), inform you of the policies and practices regarding the collection, use and disclosure of any personal information that we and our service providers collect from or about users in connection with the App’s website and mobile application (the “Services”).
Through your use of the Services, we may collect personal information from you in the following ways:
A .Personal Information You Provide To
B. Personal Information Collected from Third Parties. We may collect certain information from identity verification services and consumer reporting agencies, including credit bureaus, in order to provide some of our
C. Personal Information Collected Via Technology. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications, and other online services, such as:
A. General Use. In general, we use your personal information collected through your use of the Services to respond to your requests as submitted through the Services, to provide you the Services you request, and to help serve you We use your personal information, in connection with the App, in the following ways:
B. Compliance and We may use your personal information to:
C. Creation of Non-Identifiable The App may create de-identified information records from personal information by excluding certain information (such as your name) that makes the information personally identifiable to you. We may use this information in a form that does not personally identify you to analyze request patterns and usage patterns to enhance our products and services. We reserve the right to use and disclose non-identifiable information to third parties in our discretion.
We disclose your personal information collected through your use of the Services as described below.
A. In Accordance with Our Other Privacy Notices. Other than as described in this Privacy Policy in connection with the App, this Privacy Policy does not apply to the processing of your information by us or third parties with whom we share information.
B. Third Party Service Providers. We may share your personal information with third party or affiliated service providers that perform services for or on behalf of us in providing the App, for the purposes described in this Privacy Policy, including: to provide you with the Services; to conduct quality assurance testing; to facilitate the creation of accounts; to optimize the performance of the Services; to provide technical support; and/or to provide other services to the App.
C. Authorities and Regardless of any choices you make regarding your personal information, The App may disclose your personal information to law enforcement, government authorities, and private parties, for the compliance and protection services described above.
The App may contain links to third party websites. When you click on a link to any other website or location, you will leave the App and go to another site and another entity may collect personal and/or anonymous information from you. The App’s provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites. We encourage you to read the privacy policy of every website you visit.
You have several choices regarding use of information on the Services.
A. How We Respond to Do Not Track Signals. Some web browsers transmit “do not track” signals to the websites and other online services with which your web browser There is currently no standard that governs what, if anything, websites should do when they receive these signals. We currently do not act in response to these signals. If and when a standard is established, we may revise its policy on responding to these signals.
B. Access, Update, or Correct Your Information. You can access, update, or correct your information by changing preferences in your For additional requests, please contact us.
C. Opting Out of Email or SMS If you have signed-up to receive our email marketing communications, you can unsubscribe any time by clicking the "unsubscribe" link included at the bottom of the email or other electronic communication. Alternatively, you can opt out of receiving marketing communications by contacting us at the contact information under "Contact Us" below. If you provide your phone number through the Services, we may send you notifications by SMS, such as provide a fraud alert. You may opt out of SMS communications by unlinking your mobile phone number through the Services.
D. Opting Out of Location Tracking. If you initially consented to the collection of geo-location information through the Services, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. Please note, however, that if you withdraw consent to our collection of location information, you may no longer be able to use some features of the
We implement reasonable administrative, technical, and physical measures in an effort to safeguard the information in our custody and control against theft, loss and unauthorized access, use, modification, and disclosure. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information.
The Services are not directed towards individuals under the age of 18, and we do not, through the App, intentionally gather personal information about visitors who are under the age of 18. If a child under 18 submits personal information to us through the App and we learn that the personal information is the information of a child under 18, we will attempt to delete the information as soon as possible.
This Privacy Policy is subject to occasional revision. We will notify you of any material changes in its collection, use, or disclosure of your personal information by posting a notice on the Services. Any material changes to this Privacy Policy will be effective thirty (30) calendar days following notice of the changes on the Services. These changes will be effective immediately for new users of the Services. If you object to any such changes, you must notify us prior to the effective date of such changes that you wish to deactivate your account. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes.
If you have any questions or complaints about this Privacy Policy or The App’s data collection or processing practices, or if you want to report any security violations to The App, please contact The App by email at: mobile@cnbb.bank ; or by mail at: CNB, Attn: Card Services, 1 South Howell St, Hillsdale MI 49242
Alerts Additional Terms.
The following Alerts terms and conditions (“Alerts Terms of Use”) only apply to the Alerts feature (as defined below). If Alerts are not available to you, then this Alerts Terms of Use does not apply. To the extent there is any conflict between the terms of the Agreement and this Alerts Terms of Use with respect to Alerts, then the terms in this Alerts Terms of Use shall apply.
Alerts. Your enrollment in County National Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your County National Bank account(s). Alerts are provided within the following categories:
• Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
• Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts. These Alerts may be automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
• Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the More menu within County National Bank Mobile Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. County National Bank reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message; (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your County National Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in County National Bank Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 888-322-1088. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Limitations. County National Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside County National Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold County National Bank, its directors, officers, employees, agents and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
https://www.cnbb.bank/About-CNB/Privacy-Notice
Privacy and User Information – Data Analytics. You acknowledge that in connection with your use of Mobile Banking, County National Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. County National Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.
Biometric Login for Mobile Banking.
Biometric login is an optional biometric sign-in method for County National Bank Mobile Banking that may be available for certain Apple® (via Touch ID™ or Face ID™) and Android® mobile devices that have a built-in biometric scanner. To use biometric login, you will need to first save your fingerprint/facial feature scan on your mobile device (for more help with biometric scanning, contact the manufacturer that supports your mobile device). Biometrics are stored on your device only and County National Bank never sees or stores your biometric information. You acknowledge that by enabling biometric login, you will allow anyone who has biometric information stored on your device access to your personal and payment account information within County National Bank Mobile Banking. County National Bank reserves the right to suspend or disable this feature at any time. Biometric login can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your biometric information, you can sign in using your standard login credentials (e.g., password). To use biometric login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable biometric login anytime within County National Bank Mobile Banking.
Apple, Touch ID, and Face ID are trademarks of Apple Inc. Android is a trademark of Google Inc.
A. Access to Mobile Banking.
To access Mobile Banking, an Authorized User must have a Mobile Device that supports 256-bit encryption and is connected to the Internet through a mobile communications service provider. In order to use Mobile Banking, an Authorized User must download, install and use the Mobile Banking Software. Our provider and licensor will require an Authorized User’s agreement to additional terms and conditions in order to download the Mobile Banking Software and to use Mobile Banking. We are not responsible for any damage to any Mobile Device resulting from downloading, installing or using the Mobile Banking Software. To download the Mobile Banking Software, please follow the instructions found in the Mobile Banking section of our website. Depending on its make and model, a Mobile Device may need to be capable of receiving an SMS text message to initiate the download. You agree that each Authorized User who no longer wants to be able to access Mobile Banking with a particular Mobile Device will delete the Mobile Banking Software from that Mobile Device and that each Authorized User will delete the Mobile Banking Software if he or she is no longer authorized to access Mobile Banking.
Mobile Banking is available only to Authorized Users who have accessed Online Banking. The Username and password used to access Online Banking shall also be used to access Mobile Banking.
When accessing Mobile Banking, an Authorized User will see a menu of available Mobile Banking functions (e.g., view balances, view or search for transactions, locate branches, execute transfers, etc.). From time to time we may add, modify or delete particular Mobile Banking functions or geographic areas served by Mobile Banking. Unless otherwise prohibited by law, we may make such changes in functionality or geographic service without prior notice.
We do not guarantee the availability of Mobile Banking on all Mobile Devices, on all communications networks, in all geographic regions, or at all times. In no event, shall we be liable for any damages due to the inability to access Mobile Banking or any particular Mobile Banking function, to execute transactions through Mobile Banking, or to receive information through Mobile Banking.
If an Authorized User obtains a different Mobile Device, he or she will be required to download and install Mobile Banking Software to that different Mobile Device under the same terms set forth in this Agreement. You agree that all Authorized Users shall delete all Mobile Banking Software from Mobile Devices promptly if this Agreement or any license granted under it or another agreement terminates for any reason. We reserve the right to change, add to, or terminate services with third-party Mobile Banking Software providers and licensors, to substitute different Mobile Banking Software, and to enter into or arrange for the provision Mobile Banking Software by other licensors and third-parties.
B. Types of Transactions.
An Authorized User may use Mobile Banking to:
· Review the balances and transaction histories for Accounts;
· Transfer funds between Accounts, except that funds cannot be transferred to or from an Account that is a certificate of deposit;
· Set up and receive mobile alerts regarding Accounts;
· Track expenses paid from Accounts; and
· Initiate a transfer through Bill Pay.
· Add new payee
. Deposit checks
Transactions involving a deposit account will be subject to the terms of the applicable deposit account agreement and disclosures. Transactions involving a line of credit account will be subject to the terms of the applicable loan agreement and the disclosures we previously provided to you.
C. Posting of Transfers.
Transfers, other than Bill Pay transfers, received through Mobile Banking before 7:00 p.m. (Eastern Time) on a Business Day are posted to the Account the same day. Transfers, other than Bill Pay transfers, received after 7:00 p.m. (Eastern Time) on a Business Day or on a day that is not a Business Day will be posted on the next Business Day. You agree that Authorized Users will communicate with one another concerning any transfers from the Accounts in order to avoid overdrafts or exceeding an applicable credit limit. See Section IV.C for information regarding the processing of Bill Pay transfers.
D. Limitation on Number and Amount of Transactions.
Transfers from an Account that is a savings account or money market account to another account or to third parties by preauthorized, automatic, or telephone transfer are limited to six per month or statement cycle. Mobile Banking cannot be used for transfers to or from a certificate of deposit. Mobile Banking may only be used to initiate a Bill Pay transaction from an Account that is a checking account.
E. Mobile Alerts.
Mobile Banking may provide automatic, Account-related alerts to a Mobile Device. Account alerts may be turned on or off as part of Mobile Banking. Each Authorized User may customize, deactivate or reactivate alerts. We may add new types of alerts periodically, or cease to provide certain types of alerts at any time at our sole discretion. Mobile Banking alerts will be sent through Mobile Banking to the specific notification system or the phone number or email address you have provided as the primary email address for Mobile Banking. If an email address or Mobile Device’s email address changes, you are responsible for informing us of that change.
You understand and agree that any alerts provided through Mobile Banking may be delayed or prevented for a variety of reasons. We attempt to provide alerts in a timely manner with accurate information. However, we do not guarantee the delivery or the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you, another Authorized User or any third party in reliance on an alert.
F. Export Controls.
Mobile Banking Software and related programs, materials, tools, and technical data may be subject to U.S. export controls or the trade laws of other countries. You agree that you and all other Authorized Users will comply with all export control regulations. You also agree that no Authorized User shall attempt to obtain licenses to export, re-export or import or export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws.
G. Fees.
Currently, we do not charge fees for Mobile Banking. However, we may charge the fees set forth in the agreements, disclosures or fee schedules for particular banking products or Accounts (e.g. an overdraft fee), even if the fee results from the use of Mobile Banking. For Bill Pay fees, see Section IV.E. We reserve the right to add or change fees for Mobile Banking after sending notice in accordance with this Agreement and any applicable law. You agree that all such fees can be deducted from any Account.
You are responsible for obtaining a mobile communications service provider and for any amount that a service provider may charge for Internet-related use and for SMS text messages. You are responsible for all fees and charges that may be charged by any mobile communications service provider or any other third parties while using Mobile Banking.
H. Stop Payment.
If you or another Authorized User has used Mobile Banking to tell us in advance to make regular Electronic Funds Transfers out of an Account that is a deposit account, such as by establishing a series of recurring transfers, you or another Authorized User can stop any of these 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.
IV. Mobile Deposit Terms and Conditions.
A. Services.
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 “CNBB.BANK” 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.
E. Fees.
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.
H. Endorsements.
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 CNB”. 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.
M. Errors.
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.
P. Termination.
You may, by written request send email to: mobile@cnbb.bank, 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. Account to Account Transfer Terms of Service
GENERAL TERMS FOR EACH SERVICE
1. Introduction. This Terms of Service document (hereinafter "Agreement") is a contract between you and County National Bank (hereinafter "we" or "us") in connection with each service that is described in the rest of this Agreement that applies to services you use from us, as applicable (each, a "Service") offered through our online banking site or mobile applications (the "Site"). The Agreement consists of these General Terms for Each Service (referred to as "General Terms"), and each set of Terms that follows after the General Terms that applies to the specific Service you are using from us. This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.
2. Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in a "Definitions" Section at the end of the General Terms. Other defined terms are also present at the end of each set of Terms that follow after the General Terms, as applicable.
3. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Service’s more recent revisions, updates, upgrades or enhancements.
4. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).
5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
6. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to: One South Howell Street Hillsdale MI 49242. We may also be reached at 888-322-1088 for questions and other purposes concerning the Service. We will act on your telephone calls as described below in Section 22 of the General Terms (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
7. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 6 of the General Terms above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.
8. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.
9. Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
10. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
11. Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
12. Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
13. Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
a. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
b. Payments that violate any law, statute, ordinance or regulation; and
c. Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
d. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
e. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
f. Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, equities, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges (including digital currencies such as bitcoin), or check cashing, or (6) provide credit repair or debt settlement services; and
g. Tax payments and court ordered payments.
Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.
14. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.
15. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Services, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf through the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft check drawn against your account.
16. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Service in the manner set forth in Section 6 of the General Terms above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.
17. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
18. Failed or Returned Payment Instructions. In using the Service, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
a. You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
b. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;
c. Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
19. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting customer care for the Service as set forth in Section 6 of the General Terms above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
20. Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:
a. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
b. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
21. Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in Section 6 of the General Terms above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
22. Errors, Questions, and Complaints.
a. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above.
b. If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
1. Tell us your name;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
c. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
23. Intellectual Property. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
24. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
25. Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in Section 6 of the General Terms above. See also Section 16 of the General Terms above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
26. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section 26 of the General Terms are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
27. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement.
28. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
29. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 28 of the General Terms above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 28 of the General Terms of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING UNDER THIS AGREEMENT.
30. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service.
31. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
32. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any 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.
33. Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
34. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 28 AND 29 OF THE GENERAL TERMS ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
35. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Service and the portion of the Site through which the Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 23, and 26-35 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.
36. Definitions.
a. "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
b. "Affiliates" are companies related by common ownership or control.
c. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
d. "Eligible Transaction Account" is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.
e. "Payment Instruction" is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
f. "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
g. "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.
ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS
1. Description of Service, Authorization and Processing.
a. The term “Transfer Money Terms” means these Account to Account Transfers Additional Terms. The Account to Account transfer service (for purposes of these Transfer Money Terms, and the General Terms as they apply to these Transfer Money Terms, the "Service") enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.
b. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
c. You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of Transfer Instructions for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Transfer Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e. email, push notification).
d. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
2. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
3. The transfer is refused as described in Section 6 of the Transfer Money Terms below;
4. You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
e. It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
2. Transfer Methods and Amounts. Section 15 of the General Terms (Payment Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.
3. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Service).
4. Stop Payment Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to Section 22 of the General Terms. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
5. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 18 of the General Terms should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
6. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
7. Returned or Failed Transfers. In using the Service, you understand transfers may be returned or fail for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, failed, or denied transfer to your Account that we debited for the funds transfer or use other reasonable efforts to return such transfer to you as permitted by law. In certain cases, we may require you to contact us or the financial institution for your External Account to initiate a request to receive such funds. You may receive notification from us.
8. Definitions
"Account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.
"Eligible Transaction Account" is as defined in Section 36 of the General Terms, except that it shall be limited to a checking, money market or savings account that you hold with us.
"External Account" is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.
"Transfer Instruction" is a specific Payment Instruction (as defined in Section 36 of the General Terms) that you provide to the Service for a transfer of funds.
VI. Bill Pay Terms and Conditions.
A. Access to Bill Pay.
An Authorized User can initiate Bill Pay and Person to Person 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.
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 cancelled 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 cancelled 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.
F. Person to Person transfers
You warrant that you own each account you request a funds transfer service from and have full right and authority to all the funds on deposit. You authorize CNB to execute any funds transfer you request when funds transfer requests are made. You understand the processing of a funds transfer request may be subject to delay and CNB shall not be responsible for any delay or failure to execute your funds transfer request due to circumstances beyond Our control, including, and without limitation, any inaccuracy, delay in transmission, or failure of transmission of your funds transfer request to Your designated recipient or the execution of a financial institution to process Your Funds Transfer Request.
You may use the Service to transfer funds from one of your Accounts to an account of a Recipient. You may send money to a Recipient using a mobile telephone number, an email address, or a routing and account number.
G. Frequency of Transfers
We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Service.
H. Dollar Amount of Transfers
You may not make funds transfers in excess of limits described on the Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Service. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of Funds Transfer and/or Service" below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.
J. Rejection of Transfers
We reserve the right to decline to effect any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests.
K. Authorization
You authorize us to select any means to execute your funds transfer instructions. You understand that to effect your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts or an account of a Recipient. Once your Account has been debited, we credit our service provider's transfer account at the service provider's clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), our service provider will credit your or the Recipients Account. The sole purpose for our service provider's transfer account is to complete your funds transfer requests and for performing the services within the scope of this Agreement. The service provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.
In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement
If you have requested for a funds transfer to a Recipient, you must provide us with a true, correct, current email address for such Recipient. We will contact the Recipient, and ask the Recipient to provide us with certain information, such as the account number and financial institution that they wish to transfer the funds to. If the Recipient fails to reply to the email or fails to follow the instructions provided by us, we will notify you and credit your Account for the amount of the transfer.
L. Suspension and Reinstatement of Funds Transfer and/or Service
In the event that we at any time incur a problem with your use of the Service, including without limitation a fail in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect itself from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see "Error Reporting and Claims," below). We reserve the right in its sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, CNB in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see "Dollar Amount of Transfers," above).
M. Your Responsibility for Errors
You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, CNB reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
N. Credit Screening
CNB reserves the right to conduct standard credit screening on Users, in the course of providing the Services. Generally, the credit screen will be a review of the User’s credit history (a soft inquiry), which does not affect the User’s credit rating, nor does the fact a soft inquiry has been made appear on the User’s credit report that may be obtained by another institution for credit decision purposes. CNB agrees to use the results of such soft inquiry only in connection with risk assessment and setting risk parameters in determining the Limits and method of payment for delivery of the User’s payments.
VII. 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.
B. Confidentiality.
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 cancelled 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 cancelled, 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 custserv@cnbb.bank. 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.
P. Severability.
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.
I Disagree I Agree
If you consent to this Agreement Regarding Electronic Delivery of Disclosures (“the Agreement”), you will be agreeing that Hillsdale County National Bank (“the Bank”) can provide the documents described in this Agreement (“the Disclosures”) to you electronically through the Bank’s online banking system. If you do not consent to this Agreement, the Bank will be required to provide the Disclosures to you in paper or other non-electronic form. Even if you do not consent to this Agreement, the Bank may be able to provide documents that are not Disclosures to you electronically, such as by electronic mail. However, if you do not consent to this Agreement, you will not be able to enroll in or use the Bank’s online banking, mobile banking or bill pay services and you will not be able to receive e-Statements.
You have a right to receive paper copies of this Agreement and each of the Disclosures. However, if you consent to this Agreement, the Bank will not mail or otherwise deliver paper copies of them to you, unless you specifically request a paper copy. To receive paper copies of this Agreement or any Disclosure at no charge, write the Bank at County National Bank, Attn. Customer Service, One South Howell Street, Hillsdale, MI 49242; call the Bank at 1-888-322-1088; email the Bank at custserv@countynationalbank.com; or speak with a Customer Service Representative at any Bank branch. The Bank will provide paper copies upon request to the extent that they are still reasonably available to the Bank.
After you consent to receiving the Disclosures electronically, you can withdraw your consent by writing the Bank at County National Bank, Attn. Customer Service, One South Howell Street, Hillsdale, MI 49242; calling the Bank at 1-888-322-1088; emailing the Bank at custserv@countynationalbank.com; or speaking with a Customer Service Representative at any Bank branch. The withdrawal of your consent will be effective within a reasonable time after the Bank receives it. It will not apply to any Disclosure that you received electronically prior to withdrawing consent. After your withdrawal is effective, the Bank will not provide the Disclosures electronically and, to the extent required by law, will provide them to you in paper or other non-electronic form.
This Business Online Banking Service Agreement (“Agreement”) is a contract that establishes the rules that cover Customer’s electronic access to its Designated Account(s) at County National Bank (“Bank”) through the Bank’s Business Online Banking System ("System"). By using the System, Customer accepts all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the Account Agreements for each of Customer’s Designated Accounts as well as Customer’s other agreements with Bank, such as loan agreements, continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to all Applicable Laws (except to the extent this Agreement can and does vary such Applicable Laws). Certain of the obligations of the parties pursuant to this Agreement that, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, -, constitutes the entire agreement between Customer and Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. In the event of a conflict between an Account Agreement and this Agreement, this Agreement shall govern with respect to your use of the System.
1. Definitions -
“Account Agreements” means, collectively, all agreements, disclosures and fee schedules applicable to Customer’s Designated Account(s) and Services, and the general Bank website terms and conditions and privacy notice.
“Applicable Laws” means all applicable federal, state and local laws, statutes, rules, codes, directives, regulations, orders and ordinances, as enacted and/or amended from time to time.
“Available Funds” means the total amount of the immediately available, good and collected funds in a Designated Account as of the close of business on any Business Day, determined in accordance with the manner in which Bank generally provides credit for deposited items as set forth in the Account Agreements.
"Business Days" means Monday through Friday. Holidays are not included.
"Customer" means the business entity listed as “company” on the Enrollment Form that is authorized by Bank to use the System under this Agreement and any User authorized by that business entity to exercise control over such business entity’s Designated Account(s) through the System.
“Designated Account” means a business account Customer maintains with Bank, that Customer designates for access through the System in Customer’s Enrollment Form, and that Bank permits to be linked to the System.
"Electronic Funds Transfers" means a transfer that is initiated through the System to debit or credit a Designated Account that is a deposit account used primarily for business rather than for personal, family, or household purposes. Electronic Funds Transfers include Book Transfers (defined below), wire transfers, bill payments and ACH entries initiated through the System.
“Enrollment Form” means the Business Online Banking Enrollment Form and includes the Business Online Banking Employee Setup Form.
“Fee Schedule” means the document(s) provided to Customer that sets forth fees and charges for Bank’s Services.
“Services” mean services accessible through the System and provided pursuant to this Agreement or a separate agreement between Bank and Customer.
“Security Devices” mean User Names, PINs and/or passwords, physical token or soft token application of all Users.
“User” means a person who Customer authorizes in an Enrollment Form to use the System and/or a Service accessible through the System on the Customer’s behalf.
2. Access - To use the System, Customer must: (i) have at least one (1) checking account at Bank primarily for business rather than for personal, family, or household purposes; (ii) acquire the computer hardware and software required to access the System; and (iii) have access to Internet service and an e-mail address. Once Bank has received Customer’s signed Enrollment Form, and verified Customer’s Designated Account information, Bank will send Customer, either by e-mail or by postal mail, the assigned User Name and temporary password for each User. The System can be used to access only Customer’s Designated Account(s). Customer can add or delete any Designated Account(s) from this Agreement by completing a new Enrollment Form or similar request in writing.
3. Hours of Access – Subject to a Customer’s election to limit access made on the Enrollment Form, the System can generally be accessed seven (7) days a week, twenty-four (24) hours a day. However, occasionally, due to emergencies or scheduled maintenance, the System and/or Services may not be available. In the event that the System and/or Services are unavailable for an extended period of time, Bank will post a message on Bank’s website.
4. User Name and Passwords –
(a) For security purposes, each User is required to change his or her password upon initial login to the System. Each User determines what password he or she will use. An Authorized User must use his or her Username along with his or her password to access Online Banking. Each Authorized User is required to create a new Username and password upon his or her initial login to Online Banking. The new password and Username must contain no fewer than nine (9) and no more than seventeen (17) characters. Passwords cannot contain any keywords, predictable terms, any variation of the user name or number series (for example, Fiserv, CNB, Default or 12345). Users’ passwords should not be associated with any commonly known personal identification such as social security number, address, date of birth, and names of children. Users’ password should be memorized rather than written down.
(b) The password is not communicated to Bank. Customer agrees that Bank is authorized to act on instructions received under a User’s password whether or not the instructions are submitted by someone Customer has authorized to access its Designated Account. Customer accepts responsibility for the confidentiality and security of its Users’ passwords. Users must change their passwords regularly.
(c) Upon three (3) unsuccessful attempts to use a User’s password, the User’s access to the System will be locked. To re-establish a User’s authorization to use the System, that User must contact a customer service representative at custserv@countynationalbank.com or call the Customer Service at (517) 439-4300 or (888) 322-1088 for assistance.
(d) Users must agree not to disclose or otherwise make their User Names and/or password available to anyone not authorized to sign on Customer’s Designated Account. If Customer authorizes a User to use the System or any Service that authority shall continue until Customer specifically revokes such authority by notifying Bank. If Customer or any User fails to maintain the security of any Security Devices and Bank suffers a loss, Bank may terminate Customer’s System and/or Service access immediately. Bank undertakes no obligation to monitor transactions through the System to determine that they are made on behalf of the Customer.
5. Security – General - Customer understands the importance of its role in preventing misuse of its Designated Accounts through System and agrees to promptly examine its statement for each of its Designated Accounts as soon as Customer receives it. Customer agrees to protect the confidentiality of its Designated Account and Designated Account number, Security Devices and personal identification information, such as driver’s license numbers and social security numbers. Customer understands that personal identification information by itself, or together with information related to Customer’s Designated Account, may allow unauthorized access to Customer’s Designated Account. Customer’s Security Devices are intended to provide security against unauthorized entry and access to its Designated Accounts. Data transferred via the System is encrypted in an effort to provide transmission security and the System utilizes identification technology to verify that the sender and receiver of System transmissions can be appropriately identified by each other. Notwithstanding Bank’s efforts to ensure that the System is secure, Customer acknowledges that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. Bank cannot and does not warrant that all data transfers utilizing the System, or e-mail transmitted to and from Bank, will not be monitored or read by others.
6. Agreement to Security Procedures in Place under This Agreement - By entering into this Agreement and using the System to perform transactions, Customer agrees to comply with all of Bank’s present and future security procedures with respect to transactions and services covered by this Agreement. Bank’s security procedures are contained in this Agreement and in other written procedures Bank may provide to Customer. Customer acknowledges receiving a copy in writing of Bank’s current security procedures in this Agreement and other documents provided to Customer. Customer agrees that Bank’s current security procedures are commercially reasonable in the context of Customer’s business operations, and Bank may, at any time, change Bank’s security procedures. Bank may advise Customer of such changes to the extent they affect Customer’s use of transactions or Services under this Agreement, but failure to do so will not affect Customer’s obligations or Bank’s rights. Use of the System after such changes indicates Customer’s continued consent that the security procedures in place at that time continue to provide a commercially reasonable degree of protection in light of Customer’s particular needs and circumstances.
7. Fees and Charges - Customer agrees to pay any applicable fees and charges for its use of the System and Services as set forth in the current Fee Schedule. Customer agrees that all such fees and charges will be deducted from the Designated Account selected as the "Primary Checking Account" on Customer’s Enrollment Form. If Customer closes its Primary Checking Account, Customer must contact Bank immediately to designate another Designated Account as Customer’s Primary Checking Account. Customer agrees to pay any additional reasonable charges for services it requests which are not covered by this Agreement. Customer is also responsible for telephone and Internet service fees Customer incurs in connection with Customer’s use of the System and Services.
8. System Services - Bank shall provide Customer, subject to the terms and conditions contained in this Agreement, with the standard Service(s) available through the System and the optional Services that Customer requests on the Enrollment Form, which is made a part of this Agreement. Some optional Services may be subject to other agreements between Customer and Bank.
(a) Standard Services. Customer can use the System to check the balance of its Designated Accounts, view Designated Account histories, transfer funds between its Designated Accounts, make stop payment requests, and view checks from its Designated Accounts and/or view monthly statements.
(b) Optional Services. Customer may elect to make Electronic Funds Transfers (including wire transfers, ACH entries and bill payments) through the System subject to the terms of this Agreement and any other agreement required by Bank.
9. Balance Reporting – Bank shall provide prior day and memo post balance and transaction information on Customer’s Designated Account(s). Bank shall not be responsible for the accuracy and timeliness of the delivery of any information furnished to the System by other reporting banks. The information on the System may not reflect recent transactions and may include funds that are not available for immediate withdrawal or that are subject to further verification by Bank. Customer’s Designated Account balance(s) may differ from Customer’s records because of transactions in progress, holds, outstanding checks, or other withdrawals, payments, or charges.
10. Book Transfers – Customer may use the System to direct Bank to transfer funds between Customer’s Designated Accounts, subject to the transfer and withdrawal limitations set forth below. Customer agrees that given the size, type and frequency of its intra-Bank transfers between its Designated Accounts (each a “Book Transfer”), which Customer intends to make, the following procedures are commercially reasonable. Customer agrees that Bank may solely rely on these procedures to verify the authenticity of its Book Transfer requests. Customer agrees to be bound by any Book Transfer requested in its name and which is in compliance with such procedures whether actually authorized or not.
(a) Customer is responsible for the input and verification of all information onto the System. Bank shall have no responsibility to determine the accuracy of such information. Should there be any conflict between Designated Account number and Designated Account name, the Designated Account number shall prevail. Bank shall be entitled to rely upon any Book Transfer request reasonably believed by Bank to have been made by a User.
(b) Bank’s cut-off time for Book Transfer requests is 7:00 p.m. (Eastern Time). Transfers initiated through the System before 7:00 p.m. (Eastern Time) on a Business Day are posted to your Designated Account the same day. Transfers initiated after 7:00 p.m. (Eastern Time) on a Business Day, Saturday, Sunday or banking holiday, will be posted on the next Business Day.
(c) The System identifies transfers based upon the User Name of the User who made the Book Transfer.
(d) Bank may, in its sole discretion, reject any Book Transfer request if there are insufficient Available Funds in Customer’s Designated Account(s); or if the Book Transfer request: (i) is not authenticated to Bank’s satisfaction or which Bank, in good faith, believes may not be authorized by Customer; (ii) contains incorrect, incomplete or ambiguous information; or (iii) involves funds subject to a lien, hold, dispute or legal process which prevents their withdrawal. Bank shall incur no liability for any loss to Customer or to any third person occasioned by Bank’s refusal to make such Book Transfer.
(e) Bank shall not be responsible for any loss or liability arising from any ambiguity or inaccuracy in any Book Transfer request or in the information set forth in this Agreement given to Bank by Customer; or from any error, failure or delay in the execution of a Book Transfer, including without limitation any inoperability of computer or communication facilities, or other circumstances beyond the Bank’s reasonable control.
(f) According to federal regulations, Customer may not make more than six (6) transfers or withdrawals from a savings account or money market account during a given monthly statement period. The transfers and withdrawals subject to this limitation are preauthorized or automatic transfers (including transfers made through the System), transfers or withdrawals pursuant to a telephone agreement, order or instruction, and checks, drafts, debit card transactions, and similar transactions payable to third parties. There are no limits to the number of transfers or withdrawals from a checking account.
11. Overdrafts (Order of Payments, Transfers, and other Withdrawals) - Customer agrees to communicate with any persons with authorized access to Customer’s Designated Accounts concerning any transfers or bill payments from its Designated Accounts in order to avoid overdrafts. If Customer’s Designated Account has insufficient Available Funds to perform all fund transfers Customer has requested for a given Business Day (including any ATM withdrawals, preauthorized transactions, point of sale transactions, and/or transfers to and from Customer’s Designated Accounts through the System), then:
(a) Transfers involving currency disbursements, like ATM withdrawals, will have priority;
(b) Transfers initiated through the System which would result in an overdraft of Customer’s Designated Account may, at Bank’s discretion, be canceled;
(c) In the event the Transfers initiated through the System which would result in an overdraft of Customer’s Designated Account are not canceled, overdraft charges may be assessed pursuant to the terms of the Account Agreements for that Designated Account.
12. Stop-Payment Requests – The System allows Customer to: (1) place a stop payment order of up to six (6) months in duration; (2) cancel an existing stop payment order; or (3) determine the paid status of a check. Any stop payment order placed through the System (“Online Stop Payment Order”) shall automatically expire -six (6) months from date of the placement of the Online Stop Payment Order by Customer.
(a) Customer agrees to indemnify, defend and hold Bank harmless against any loss for the amount of stopped check and all expenses, costs and consequential damages, if any, incurred by Bank because of refusing payment pursuant to Customer’s Online Stop Payment Order. Customer agrees not to hold Bank liable on account of payment contrary to Customer’s Online Stop Payment Order, if same occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn by the undersigned are returned insufficient. Customer agrees that any Online Stop Payment Order placed on any check issued on Customer’s Designated Account may be relied upon by Bank to have been placed by an agent of Customer duly authorized to place the Online Stop Payment Order, and Bank shall have no duty or obligation to verify either the authenticity of the Online Stop Payment Order or the authority of the person placing it.
(b) Customer may initiate an Online Stop Payment Order only for checks Customer has written, or electronic drafts that are deducted from its Designated Account(s).
(c) Bank’s cut-off time for Online Stop Payment Order requests is 7:00 p.m. (Eastern Time). Online Stop Payment Orders are processed on the same day for requests made by 7:00 p.m. (Eastern Time). Online Stop Payment Orders made after 7:00 p.m. (Eastern Time) will be processed at 9:00 a.m. (Eastern Time) on the Business Day following the date the Online Stop Payment Order has been requested. If urgent action is required, Bank recommends that Customer contact Bank directly by telephone or in person.
(d) If Customer has told Bank in advance to make recurring payments out of its Designated Account, Customer can stop any of these payments by calling Bank at (888) 322-1088; by writing to Bank at County National Bank, One S. Howell Street P.O. Box 283, Hillsdale, MI 49242, in time for Bank to receive Customer’s request three (3) Business Days or more before the payment is scheduled to be made; or through the System as set forth in Section 12(c) above. If Customer calls, Bank may also require Customer to put its request in writing and get it to Bank within fourteen (14) days after Customer calls. Bank will charge Customer a fee set forth in the Fee Schedule for each stop payment order Customer gives.
(i) Notice of varying amounts. If these recurring payments may vary in amounts, the person Customer is going to pay will tell Customer, ten (10) days before each payment, when it will be made and how much it will be. Customer may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that Customer sets.
13. Wire Transfer Requests – Customer may elect to permit its authorized Users listed on the Enrollment Form to originate wire transfers of funds through the System in accordance with the terms of this Agreement. Bank is willing to act as Customer’s originating and receiving Bank for that purpose, but only with respect to those Payment Orders (as defined in UCC-4A) of Customer which the Bank originates and accepts. Capitalized terms used in this Section 13 and not otherwise defined in this Agreement shall have the meanings ascribed to them in the Michigan Uniform Commercial Code (“UCC-4A”).
(a) Purpose and Scope. Customer represents and warrants to the Bank that the Designated Account(s) listed on the Enrollment Form are, and during the term of this Agreement will be, maintained primarily for business, and not for personal, family or household purposes. Customer shall maintain at all times during the term of this Section a balance of Available Funds in Customer’s Designated Account(s) sufficient to meet Customer’s payment obligations under this Section. The Bank may, without prior notice or demand, obtain payment of any amount due and payable to the Bank under this Section by debiting any or all of the Designated Account(s). In the event there are not sufficient funds available in the Designated Account(s) to meet Customer’s payment obligations under this Section, in order to obtain payment of such obligations, the Bank shall be entitled to debit any account maintained by Customer with the Bank and/or shall be entitled to set off the amount of such obligations against any amount the Bank owes to Customer.
(b) Verification of Payment Order. The Bank may take any action in an attempt to verify that a Payment Order (or request for cancellation of a Payment Order) which the Bank receives from Customer is that of Customer, or in order to detect error in the transmission or the content of a Payment Order (or request). The Bank shall not be liable for failing to take or correctly perform such additional actions.
(c) Transmittal. All Payment Orders from Customer must be received by the Bank on a Business Day by 7:00 p.m. (Eastern). Payment Orders shall be deemed received by the Bank only when received in compliance with this Agreement. If a Payment Order from Customer is received by the Bank after the cut-off time on a Business Day, such payment order shall be treated as being received by the Bank at the opening of the Bank’s next Business Day.
(d) Inconsistency of Name and Number. If a Payment Order describes an intermediary bank or a beneficiary’s bank inconsistently by name and number, execution of such Payment Order may be made by the Bank based solely upon the number, even if the number identifies a bank different from the named bank or identifies a person who is not a bank, and Customer’s obligations for the Payment Order as provided in this Agreement shall not be excused in such circumstances. If a Payment Order describes a beneficiary inconsistently by name and account number, payment of such Payment Order may be made by the beneficiary’s Bank based solely upon the account number, even if the account number identifies a person different from the named beneficiary, and Customer’s obligations for the Payment Order as provided in this Agreement shall not be excused in such circumstances.
(e) Execution. The Bank shall process Payment Orders received from Customer based solely upon information received from Customer. Bank shall execute each Payment Order received from Customer by issuing and transmitting to the Federal Reserve Bank, on the execution date, a corresponding Payment Order which complies with and is intended to carry out the Payment Order received from Customer. Bank shall have no duty or obligation to process or execute on such execution date, or otherwise accept any Payment Order from Customer which the Bank receives after the cut-off time, or which does not otherwise comply strictly with this Agreement and with Applicable Laws.
(f) Rejection of Payment Orders by Bank. The Bank may reject any Payment Order it receives from the Customer which does not comply with the requirements set forth in this Agreement, or which contains an execution date more than fourteen (14) days after the day such Payment Order is received by the Bank. Except as expressly prohibited by Applicable Law, the Bank, in its sole and absolute discretion, shall have the right to reject any Payment Order it receives from Customer if such Payment Order does not comply strictly with the other requirements set forth in this Agreement or if Customer fails to comply with its Designated Account balance obligations set forth in this Agreement.
(g) Cancellation or Amendment. Customer shall have no right to cancel or amend any Payment Order after such Payment Order has been received by the Bank. However, the Bank shall use reasonable efforts to act on a request by Customer to cancel a Payment Order, whether prior to or after the Bank’s acceptance of such payment order, provided such request for cancellation is transmitted to the Bank and complies strictly with this Agreement. In no event shall the Bank be liable if such cancellation is not effected.
(h) Rejection of Payment Orders by Party Other Than Bank. If the Bank receives notice that a Payment Order issued and transmitted by the Bank to the Federal Reserve Bank to carry out a Payment Order from Customer is rejected, the Bank shall notify Customer by telephone, electronic transmission, or by postal mail, either of which shall be considered commercially reasonable, of such rejection. Such notice shall identify the rejected Payment Order, state the date on which the Bank received notice of such rejection, and state any reason given for such rejection. Except for a Payment Order transmitted by Customer in accordance with this Agreement, the Bank shall have no obligation to retransmit a rejected Payment Order if the Bank complied with this Agreement with respect to the original Payment Order.
(i) Payment. At the time the Bank executes a Payment Order from Customer, Customer shall pay the Bank, with Available Funds on deposit in a Designated Account listed on the Enrollment Form, the amount of such Payment Order. If Customer fails to pay for a Payment Order in accordance with this Agreement, the Bank shall be entitled to process and transmit a request for cancellation of the Payment Order which the Bank Processed and transmitted to carry out Customer’s Payment Order. This right to process and transmit a request for cancellation is not exclusive, but rather is in addition to all other legal and equitable rights and remedies to which the Bank is entitled.
(j) Reconciliation. All Payment Orders executed debited and credited to the appropriate Designated Accounts by the Bank under this Agreement will be reflected on Customer’s periodic statements issued by the Bank with respect to the Designated Accounts listed on the Enrollment Form. Customer shall notify the Bank promptly of any discrepancy concerning any Payment Order. If Customer fails to notify the Bank of any such discrepancy within fourteen (14) days after Customer receives, whether in a periodic statement or otherwise, sufficient information to detect such discrepancy, the Bank shall not be liable for, and Customer shall indemnify and hold Bank harmless from any loss of interest with respect to any such Payment Order and other loss which could have been avoided had Customer given such notice. If Customer fails to notify the Bank of any such discrepancy within three (3) months after Customer receives, whether in a periodic statement or otherwise, sufficient information to detect such discrepancy, Customer shall be precluded from asserting such discrepancy against the Bank.
(k) Representations and Warranties Applicable to Payment Orders. In addition to the other representations and warranties contained in this Agreement, Customer represents and warrants to the Bank that all Payment Orders transmitted by Customer to the Bank are limited to those types of Payment Orders described in this Agreement.
14. Mobile Banking App
Thank you for using County National Bank Mobile Banking combined with your handheld's text messaging capabilities. Message & Data rates may apply. For help, text "HELP" to 99588. To cancel, text "STOP" to 99588 at any time. In case of questions please contact customer service at 888-322-1088 or visit https://www.cnbb.bank/
• Program: County National Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.
• Questions: You can contact us at 888-322-1088, or send a text message with the word "HELP" to this number: 99588. We can answer any questions you have about the program.
• To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 99588. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
• Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.
• Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Posting of Transfers.
Limitation on Number and Amount of Transactions.
Fees.
Card Controls Additional Terms.
The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within the Mobile Banking mobile application (“Mobile Banking App”), notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Card Controls, then the terms in this Supplement shall apply.
1. The Card Controls feature is only available for debit cards issued by County National Bank that you register within the Mobile Banking App.
2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact County National Bank to discontinue the alerts and controls.
3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
4. Card Controls may enable access to County National Bank and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
5. To the extent this Mobile Banking App allows you to access third party services, {County National Bank}, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
6. THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in County National Bank Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 888-322-1088. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Acceptance of these Terms.
Mobile Deposit Terms and Conditions.
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.
You may, by written request send email to: mobile@countynationalbank.com, 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.
15. General Representations and Warranties - Customer represents and warrants to the Bank that: (i) Customer shall be bound by and comply with all applicable Bank rules and regulations and all Applicable Laws; (ii) all information that Customer provides to Bank is accurate, timely, and has been authorized by Customer; (iii) Customer will not use the System for any illegal, fraudulent, unauthorized or improper manner or purpose; and (iv) Customer will not interfere in any manner in the provision of the System or Services, the security of the System or Services, or other customers of the System or Services, or otherwise abuse the System or Services.
16. ACH Origination - Customer may elect to permit its authorized Users listed on the Enrollment Form to originate Automated Clearinghouse (“ACH”) Entries (as defined in the National Automated Clearinghouse Association Rules “NACHA Rules”)) through the System in accordance with the terms of this Agreement and Bank’s ACH origination agreement, currently the “Originating Depository Financial Institution and Originator Agreement for Automated Clearing House Transactions” (“ACH Agreement”). Customer must be a party to an ACH Agreement in order to originate Entries through the System.
17. Bill Paying Service (CNBillPay for Business) - Customer may use Bank’s bill paying service (“CNBillPay for Business”), to direct Bank to make payments from one or more checking accounts selected by Customer during CNBillPay for Business online enrollment (each a “Designated CNBillPay Account”) to individuals or entities, including Bank, that Customer chooses and Bank accepts in accordance with this Agreement (each a “Payee”). Bill payments are generally processed by Electronic Funds Transfers and are subject to the Electronic Funds Transfers provisions in this Agreement. However, Bank reserves the right to process a transfer by any means that is acceptable to Bank, including issuing and mailing a Bank check to a Payee. Customer may not use CNBillPay for Business to make payments in connection with gambling debts or to make payments to Payees outside of the United States or its territories (including APOs).
(a) Accessing CNBillPay for Business. When completing CNBillPay for Business online enrollment, each User will select a User ID and a Personal Identification Number (“PIN”). Each time the User accesses CNBillPay for Business, he or she will be asked to enter his or her User ID and PIN. Three (3) incorrect login attempts will cause the User’s account to be locked out. Occasionally, CNBillPay for Business may not be available. If Bank reasonably anticipates that CNBillPay for Business may be unavailable for an extended period of time, Bank will post a message on its website. Bank does not guarantee the availability of CNBillPay for Business on all computers, on all networks, or at all times. In no event will Bank be liable to Customer for any damages due to the inability to access CNBillPay for Business or to execute transactions through CNBillPay for Business.
(b) How to Set Up Payees/Payments. Duly authorized Users may: (i) add new Payees online through CNBillPay for Business by selecting the “Payee” tab and entering the requested information or by speaking to a Bank service representative; (ii) add a new single or recurring payment to a “Payee” online through CNBillPay for Business; (iii) make other additions, deletions, or changes in writing or by using CNBillPay for Business. Bank reserves the right to refuse the designation of a “Payee” for any reason. Customer may pay any Payee within the United States (including U.S. territories and APO’s). Customer is responsible for ensuring that Customer provides Bank with correct Payee information. If a Payee’s information changes, Customer must update the information immediately in CNBillPay for Business. Customer must notify Bank immediately if a Payee fails to receive funds for a transfer initiated using CNBillPay for Business. Bank is not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information.
(c) The Bill Paying Process.
(i) Cut-off Time. The daily cut-off time, which is controlled by Bank, is currently 3 p.m. (Eastern Time). Bank reserves the right to change the cut-off time. Customer will receive notice if it changes.
(ii) Single Payments. A single payment will be debited from Customer’s Designated Account (“Processed”) on the Business Day that Customer designates as the payment’s process date (“Process Date”), provided the payment is submitted prior to the daily cut-off time on the selected payment’s Process Date. A single payment submitted after the cut-off time on the designated payment’s Process Date will be processed on the next Business Day. If Customer designates a non-Business Day (generally weekends and certain holidays) as the payment’s Process Date, the payment will be processed on the first Business Day following the designated payment’s Process Date.
(iii) Recurring Payments. The first payment in a series of recurring payments will be processed on the Business Day that Customer designates as the first payment’s Process Date provided that the payment is submitted prior to the daily cut-off time on the selected payment’s Process Date. If the payment request is submitted after the cut-off time on the first payment’s Process Date, the first payment will be processed on the next Business Day. When subsequent recurring payments are processed, they are automatically rescheduled by CNBillPay for Business when the next calculated Process Date is a non-Business Day based upon the following rules:
(A) If the recurring payment‘s “Pay Before” option is selected, the Process Date for the new occurrence of the payment is adjusted to the first Business Day prior to the calculated Process Date.
(B) If the recurring payment’s “Pay After” option is selected, the Process Date for the new occurrence of the payment is adjusted to the first Business Day after the calculated Process Date.
(C) If Customer’s frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for Processing and that day does not exist in the month of the calculated Process Date, then the last calendar day of that month is used as the calculated Process Date.
(d) Estimated Arrival Date. CNBillPay for Business will calculate an “Estimated Arrival Date” for the Customer’s payment based upon the selected Process Date. This is only an estimate. Arrival of the payment is not guaranteed by the Estimated Arrival Date. You are responsible for ensuring that Payees receive payments when they are due.
(e) Cancelling a Payment. Customer may change or cancel:
(i) A single bill payment in CNBillPay for Business any time prior to the cutoff time on the scheduled Process Date.
(ii) Any single payment in a series of recurring payments any time prior to the cutoff time on the scheduled Process Date for that single transfer.
(iii) A series of recurring bill payments by editing the series in CNBillPay for Business.
(f) Available Funds. Customer agrees to have Available Funds on deposit in the Designated CNBillPay Account in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations Customer has to Bank.
(i) Bank reserves the right, without liability, to reject or reverse a bill payment if Customer fails to comply with the above requirement or any other term of this Agreement.
(ii) If Customer does not have sufficient funds in the Designated CNBillPay Account and Bank has not exercised its right to reverse or reject a bill payment, Customer agrees to pay for such payment obligations on demand.
(iii) Customer further agrees that Bank, at its option, may charge any of Customer’s accounts with Bank to cover such payment obligations.
(g) Liability. Customer will be responsible for any bill payment request Customer makes that contains an error or is a duplicate of another bill payment. Bank is not responsible for a bill payment that is not made if Customer did not properly follow the instructions for making a bill payment. Bank is not liable for any failure to make a bill payment if Customer fails to promptly notify Bank after Customer learns that Customer has not received credit from a “Payee” for a bill payment. If Customer wants to terminate a User’s authority to make bill payments, Customer must notify Bank and arrange to change a User’s PIN.
(h) Termination. Upon termination of CNBillPay for Business by Customer in accordance with the terms of this Agreement, Customer is responsible for any payments made before Bank has a reasonable opportunity to act on Customer’s termination notice. Customer remains obligated for any payments made by Bank on Customer’s behalf.
(i) CNBillPay for Business Fees. In addition to the fees and charges set forth in the Fee Schedule, additional charges for Customer requested services and other items (including fees for overnight payments, 2nd day payments, charitable donations and gift pay) will be disclosed at time of service request. Bank reserves the right to charge Customer for research time involving payments no longer available in Customer’s screen history. Customer will be informed of any such charges before they are incurred.
18. Disclosure of Designated Account Information and Transfers - Customer understands that information about its Designated Account(s) or the transfers it makes may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest the Customer earns, and some transactions, such as large currency and foreign transactions, must be reported to the government. Bank may also provide information about Customer’s Designated Accounts to persons or companies Bank believes would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information Customer may have given in a credit application or a merchant calls to verify a check Customer has written. In addition, Bank routinely informs credit bureaus when accounts are closed because they were not handled properly. Bank may also seek information about Customer from others, such as the credit bureau, in connection with the opening or maintaining of Customer’s Designated Account or in connection with approving Customer’s access to the System. Customer agrees and hereby authorizes all of these transfers of information.
19. Confidentiality – Bank will disclose information about Customer’s Designated Account or about the transfers Customer makes to third parties:
(a) Where it is necessary for completing transactions;
(b) In order to verify the existence and condition of Customer’s Designated Account for a third party, such as a credit bureau or merchant;
(c) In order to comply with government agency or court orders, or
(d) If Customer gives Bank written permission.
20. Periodic Statements - Customer will not receive a separate statement for the System. Transfers to and from Customer’s Designated Accounts using the System will appear on the respective periodic statements for Customer’s Designated Account(s).
21. Change in Terms - Bank may add, delete or change any term of this Agreement at any time in its sole discretion by providing Customer with notice. If the change would result in increased fees for the System and/or any Service, increased liability for Customer, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, Bank agrees to give Customer notice at least thirty (30) days before the effective date of any such change, unless an immediate change is necessary to maintain the security of a Designated Account, a Service and/or the System or to comply with Applicable Law. Bank will post any required notice of the change in terms on the Bank’s website or forward it to Customer by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the Designated Account, any Service or the System, Bank will notify Customer of the change in terms within thirty (30) days after the change becomes effective. Customer’s continued use of the System and/or any or all of the Services indicates Customer’s acceptance of the change in terms. Bank reserves the right to waive, reduce or reverse charges or fees in individual situations. Customer acknowledges and agrees that changes to fees applicable to specific Designated Accounts are governed by the applicable Account Agreements.
22. Bank’s Liability for Failure to Make an Electronic Funds Transfer - Bank will not be liable to Customer for Bank’s failure to make an Electronic Funds Transfer::
(a) If, through no fault of Bank, Customer does not have enough money in Customer’s Designated Account to make a transfer.
(b) If a legal constraint, such as a legal order directing Bank to prohibit withdrawals from the Designated Account, prevents Bank from making a transfer.
(c) If Customer’s Designated Account is closed, or if it has been frozen.
(d) If the transfer would cause Customer’s balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
(e) If Customer, or anyone authorized by Customer, commits any fraud or violates any Applicable Law.
(f) If any electronic terminal, telecommunication device, or any part of the System is not working properly and Customer knew about the problem when Customer started the transfer.
(g) If Customer has not provided Bank with complete information, including, without limitation, the name, address, Customer’s payee-assigned Designated Account number, payment date, and payment amount for the payee on a bill payment.
(h) If Customer has not properly followed the on-screen instructions for using System.
(i) If Customer is negligent or breaches this Agreement.
(j) If circumstances beyond Bank’s control (such as fire, flood, war (declared or not), emergencies, labor disputes, acts of god, interruption or failure in of transmission and/or communications facilities, natural disasters or any other circumstances beyond Bank’s control) prevent the transfer.
(k) For acts, omissions or policies of any governmental agency, financial institution or other party through which a funds transfer subject to this Agreement is effected (whether or not selected by Bank), including the failure of any such institution, agency or other party to account for or pay over the funds transferred.
23. Customer’s Liability for Unauthorized Electronic Funds Transfers – Customer is solely responsible for controlling the safekeeping of, and access to all Security Devices. Customer is liable for any and all Electronic Funds Transfers, transactions and activities made using an Access Code or involving Customer’s Designated Account(s) even if a User exceeds his or her authority. Customer agrees that any Electronic Funds Transfers, transactions and activities initiated using Customer’s Security Devices will be conclusively presumed to be authorized by Customer, including any Electronic Funds Transfers, transactions and activities Customer may subsequently contend was not authorized by Customer. Customer must notify Bank immediately if Customer becomes aware that someone may attempt to use or has used the System to access Customer’s Designated Accounts without Customer’s permission, or if Customer becomes aware that any loss, theft, or unauthorized access to Customer’s User Name or password has occurred. Customer will notify Bank by calling 517-439-4300 or 1-888-322-1088 during the hours of 8:00 a.m. to 7:00 p.m. Monday through Friday or by sending Bank an e-mail at custserv@countynationalbank.com.
24. Disclaimer of Warranty, Limitation of Liability and Indemnification –
(a) The System, and all of the Services, options and features Bank makes available through the System, are provided “as is” without warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. Bank does not and cannot warrant that the System and/or any Service will operate without errors, or that the System and/or any or all Services will be available and operational at all times.
(b) Regardless of the form of action or theory of recovery, except to the extent specifically provided in this Agreement or otherwise required by Applicable Law, in no event shall Bank, it’s licensors or content providers, or each of their respective officers, directors, employees, agents or contractors, be liable or responsible to Customer for any: (i) indirect, consequential, incidental, special, punitive or exemplary damages, losses or expenses, even if Bank or Customer are aware of the possibility of such damages; (ii) lost profits, lost revenue, loss of data, lost expectancy, or business interruptions, and/or (iii) direct damages in any Service and/or transaction(s) in excess of the amounts paid by Customer for the System and/or Services provided to Customer through the System. Any claim related to the System and/or any Service must be initiated within one (1) year of the date Customer knew, or reasonably should have known, of the existence of such claim against Bank.
(c) Customer agrees to indemnify and hold Bank, its subsidiaries, affiliates, officers, directors and attorneys harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities and expenses (including the payments of reasonable attorney’s and paralegal fees and other costs) arising out of or in connection with Customer’s instructions, access to and use of the System, breach of this Agreement, and/or violation of any Applicable Law or right of a third party.
25. Customer’s Right to Terminate - Customer may cancel its access to the System and/or any Service at any time by providing Bank with written notice. Customer’s access to the System and/or any Service(s) will be suspended within three (3) Business Days of Bank’s receipt of Customer’s instructions to cancel access to the System and/or the Service. Customer will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
26. Bank’s Right to Terminate - Customer agrees that Bank can terminate or limit Customer’s access to the System and/or any or all Services for any of the following reasons:
(a) Without prior notice, if Customer has insufficient funds in any one of its Designated Accounts. The System and/or a Service may be reinstated, in Bank’s sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
(b) Upon three (3) Business Days’ notice, if Customer does not contact Bank to designate a new Primary Checking Account immediately after Customer closes its Primary Checking Account.
(c) Upon reasonable notice, at any time and for any other reason, in Bank’s sole discretion.
27. Communications Between the Bank and Customer - Unless this Agreement provides otherwise, Customer can communicate with Bank in any one of the following ways:
(a) E-mail - Customer can contact Bank by e-mail at custserv@countynationalbank.com. Please note that banking transactions through the System are not made via e-mail.
(b) Telephone - Customer can contact Bank by telephone at (888) 322-1088
(c) Postal Mail - Customer can write to Bank at: One S. Howell Street
P.O. Box 283
Hillsdale, MI 49242
(d) In Person - Customer may visit Bank in person at any one of Bank’s office locations.
28. Consent to Electronic Delivery of Notices - Customer agrees that any notice or other type of communication provided to Customer pursuant to the terms of this Agreement, and any future disclosures required by Applicable Law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the System web site or by e-mail. Customer agrees to notify Bank immediately of any change in a User’s e-mail address.
29. Assignment - Customer may not assign this Agreement. This Agreement is binding upon Customer’s and Bank's successors and assigns.
30. Waiver - Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.
31. Severability - If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.
32. Headings - The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions.
33. Governing Law; Venue; Waiver of Jury Trial - This Agreement shall be governed by Michigan law. Any litigation arising out of this Agreement shall be brought in a court of competent jurisdiction located in the State of Michigan. CUSTOMER AND BANK ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL ONE, BUT THAT IT MAY BE WAIVED. EACH PARTY, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL OF THEIR CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THEIR MUTUAL BENEFIT, WAIVES ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THIS AGREEMENT.
