Citizens Business Bank
Personal Online Banking
Services Agreement
Effective Date:
July 31, 2017
TABLE OF CONTENTS
1. General
2. Personal
Online Services
3. Fees
4. Electronic
Agreement
5. Consent
to Receive Electronic Notices
6. Email
Address
7. Computer
Requirements
8. Business
Days
9. Activated
Accounts
10. Authorized User Access
11. User Authentication and Security Procedures
12. User Responsibility for Online Security
13. Balance and Transaction Information
14. Account Statements
15. Online Bill Payment
16. Transfers
17. Mobile Banking
18. Transaction Alerts and Notifications
19. Mobile Check Deposit
20. Stopping Payment on a Paper Check
21. Hours of Operation and Cutoff Times
22. Personal Online Services Unavailability
23. Transaction Limitations
24. Our Liability for Failure to Complete a
Transaction
25. Your Liability for Unauthorized Electronic
Fund Transfers
26. Disclaimer of Warranties
27. Limitation of Liability
28. Third Party Indemnification
29. How to Contact Us
30. In Case of Errors or Questions about Your
Electronic Fund Transfers
31. Reporting Unauthorized Transactions
32. Online Privacy
33. Non-Usage of the Service
34. Canceling the Service
35. Termination of Service
36. Severability and Waiver
37. Third Parties
38. Transaction Limits and Safeguards
39. Reliance on Third Parties
40. Release of Account Information
41. Changes to the Service or This Agreement
42. Disputes
43. Governing Law/Compliance
1. GENERAL. This Personal
Online Banking Agreement (“Personal OLB Agreement”), Personal Mobile Banking Agreement,
Mobile Deposit Agreement and the Disclosure
Information, the Personal General Fee Schedule, and any other applicable fee schedules (together, “Personal Account Agreement”) govern the use of all Personal Online Banking Services (the “Personal
Online Services”)
offered or provided from time to time by Citizens Business Bank (the “Bank”). Personal Online Services include but are not
limited to Online Banking, Bill Payment, Mobile Banking, and Mobile Deposit. The terms of this
Personal OLB Agreement supplement
supersede where inconsistent, the terms of any applicable provisions of the Disclosure
Information. In this Personal Account Agreement,
“you” refers to each
person that accesses the Personal
Online Services and each
owner of the accounts accessed by
the
Personal Online Services, and “we” or “us” refers to the Bank.
You hereby agree that your use of the Personal Online Services will be further evidence of your consent
to these terms and any other agreements
that we provide to you from time to time.
2. PERSONAL
ONLINE SERVICES. The Personal
Online Services may allow you to:
§
Obtain account balance and
transaction information
for
your Activated
Accounts (as “Activated Account” is defined in Section
9 below)
§
Transfer funds internally between
Activated Accounts and set up
recurring
transfers from one
Activated Account to another (recurring
transfers must be for
the
same amount)
§
Make payments on certain Bank lines of credit or
loans
§
Pay bills to merchants, institutions, or
individuals
with a U.S. address
§
Receive eBills for certain
payees
§
Deposit eligible checks to certain
types of accounts using a mobile device
§
Check account balance and transfer
funds between Bank accounts using
a mobile device
§
View account statements and images of
paid checks, deposit slips and
deposited items electronically
§
Receive Customer Notices (as defined
in Section 5 below) electronically
§
Reorder checks from Harland Clarke Check Printers
§
Request a stop
payment on
a paper check
§
Receive account and transaction
notices and alerts
3. FEES. You agree to pay us any fees we establish for each of the Personal Online Services, if applicable, which will be set forth in a fee schedule accessible to you. This Personal OLB Agreement, and/or the software or equipment made available to you by the Bank (excluding any income tax payable by us). You also are responsible for the costs of any communication lines and any data processing charges payable to third parties. You agree that all Bank fees and charges may be deducted from any of the accounts (Including any Activated Accounts) maintained by you with the Bank.
4. ELECTRONIC AGREEMENT. You are agreeing to enter into this Personal OLB Agreement electronically.
By your electronic agreement, you consent to all
terms and
conditions governing use of the Personal Online Services as set forth in this
Personal OLB Agreement.
We
will make a printed copy of the Personal OLB Agreement available at your
request
or you can print it at any time from our website. You can access the Personal
OLB Agreement using the link at the bottom of any Personal Online Banking
webpage.
5. CONSENT TO RECEIVE ELECTRONIC NOTICES. By using the Personal Online Services, you
consent to and
agree that:
a) Any notice, record or other
type of
information
that is provided to you
in connection with
your accounts or the Personal Online Services, such as account disclosures, change-in-terms notices, privacy disclosures for consumers, fee schedules, transaction
notices and
alerts, account status notices, service messages, and
any
other type of
notice, (each a “Customer Notice”), may be sent to you
electronically. A
Customer Notice may
be
provided as a
separate electronic document or may be included in an
electronic account statement.
An
electronic Customer Notice sent to any account owner shall
be
deemed sent to, and received by, all account
owners or
users on the day we
send it. We also reserve the right to send
a Customer
Notice in paper
format by postal mail.
b) You will
promptly report to us any change to your contact information, including email
address, name, physical address, mailing
address (if
different), and
telephone numbers. You may update this information by
contacting
us
at (888) 228-2265. Some changes to certain contact information may also be performed within Personal
Online Banking by accessing Options from the main menu.
c) We will not be obligated
to provide any Customer Notice to you in paper form unless you specifically
request us to do so. You may request a paper
copy of a
Customer Notice
by contacting us at (888)
228-2265. Unless set forth
in the applicable Personal Banking
Account Agreement, you
will not be charged
a fee for a paper copy.
d) Your consent to receive Customer
Notices electronically
remains in effect until you withdraw your consent, close your account, or discontinue or
terminate the Personal
Online Services with us.
You may withdraw this consent to receive
electronic delivery of Customer Notices by contacting us at the address or telephone number
in Section 29 of this Personal OLB Agreement.
However, withdrawing your consent means you may no longer be able to access the Personal Online Services, and
any fee discounts or waivers associated with use of the Personal
Online Services may be discontinued by the Bank at any time.
e) In order to receive Customer
Notices online you must maintain computer
hardware and software
of sufficient capability to be able to access and
retain
them electronically. See Section 7 below.
6. EMAIL ADDRESS. A current, valid
email
address is critical
to
our successful delivery of the Personal Online Services to you. You agree to maintain
an active email
account at all
times and record such email address within
your profile in the
Personal Online Services. You further agree to promptly notify us of
a change of email address by changing
the
address at the “Options” link within
the
Personal Online Services.
If for any reason the email address you
provide us changes or becomes inoperable, you agree to contact us immediately so that we can arrange to provide you with Customer Notices and account statements through
other means.
If we contact you at the email address of record within the Personal
Online Services and learn that the email is undeliverable to that address, we may, at our discretion: (i) request you to provide a valid email address at your
or any account user’s next login attempt; (ii)
request you to accept this Personal
OLB Agreement again at such next login
attempt; (iii) attempt to contact
you through
another means to obtain a
valid email address; (iv) disable the Personal Online Services for you
and/or other
users; and/or (v) discontinue electronic Customer
Notices and
instead provide them by paper. If you have chosen to receive account statements in online form and
you
do
not provide us with a new email address, you
agree that we may continue to comply with the terms of this Personal OLB Agreement and
the
statement delivery preference you have indicated
within
the
Personal Online Services until such time as you
instruct us otherwise in writing as listed in Section 29 of this Personal
OLB Agreement.
7. COMPUTER REQUIREMENTS. The Personal Online Services require you to have certain computer capabilities, which we may change from time to time. Call (888)228-2265 for current computer requirements.
8. BUSINESS DAYS. In this Personal OLB Agreement, the term “Business Day” means Monday through Friday, excluding bank and Federal holidays.
9. ACTIVATED ACCOUNTS. You can have the following types of Bank accounts connected to the Personal
Online Services: checking
accounts, savings accounts, money
market deposit
accounts, certificates of deposit, personal and
small business loans and lines of credit.
We may allow other types of
accounts or
loans to be connected to the
Personal Online Services from time to time. These types of accounts are referred
to as "Activated Accounts."
We reserve the right to
determine which
accounts can
be
connected to the Personal Online Services and may change this determination at
any time in our sole discretion.
10. AUTHORIZED USER ACCESS. Any personal account owner or sole proprietor account owner of an Activated Account may act alone in using the Personal Online Services to perform account transactions. Such access is granted completely at the Bank’s discretion. Contact us at (888) 228-2265 for additional information. Refer to Section 2, Personal Online Services for information on available services.
11. USER AUTHENTICATION AND SECURITY PROCEDURES. We reserve the right to deny access to the Personal Online Services
or to reject a
transaction on an Activated Account, without notice to you, if
we
believe that there is any risk of
unauthorized, illegal, or fraudulent activity. You agree that we may, in our sole discretion, require verification
of user identity, in
a manner satisfactory to us, at any time before allowing access or login
to the Personal
Online Services or before authorizing
an online transaction
from any Activated
Account.
Such verification may be in
any
form we determine appropriate, and
may include, without limitation: (i) system verification of User
ID and/or password; (ii) verification of
personal
information contained
in the Bank’s records; (iii) correct responses to previously submitted
personal questions, sometimes referred to as ““security” or “challenge”
questions; (iv) correct responses to questions devised
from public
records and consumer reporting
agencies on subjects only the user likely would
have personal knowledge, sometimes called “out of wallet”
or “knowledge based authentication” questions; (v) verification of online activity by simultaneous contact
through a non-online channel, sometimes called
“verify by phone” or “out of band” authentication; or (vi) any other verification
procedure that we may determine
appropriate.
In the event you
do
not successfully provide the information
requested, we may, at our
sole discretion: (i) refuse a transaction; (ii) require you to contact us by phone or
in person at a Banking
Center for further validation of
identity; (iii) cancel the Personal Online Services; and/or (iv) take any security precautions we deem appropriate
to prevent
unauthorized
use
of the Personal Online Services or any Activated Account.
12. USER RESPONSIBILITY FOR ONLINE SECURITY. To sign on
to the Personal
Online Services, you are required to input a User
ID and password. After initial online setup, you will be required to select your own password. Please consider the section below,
titled “Risk of Unauthorized Access and Cybercrime Mitigation Best Practices”
when creating a password. To help
safeguard your security, you should
change your password frequently. Your
password can be changed
within
the
Personal Online Services.
Do
not write your password
anywhere or store it on
your computer. If you forget your password, use the
“Forgot Password”
process in
the
Online Service or
call us at (888) 228-2265 to regain
access. You should never include your password
in any oral, written, faxed, or email
communication with
us
or anyone.
CITIZENS
BUSINESS BANK WILL NEVER ASK YOU FOR YOUR CONFIDENTIAL CREDENTIALS, ACCESS
CODES OR OTHER SECURITY PROCEDURES, nor will the Bank ever send you an electronic
correspondence (email, popup message, etc.), written correspondence or contact
you by phone to request your password. If you receive a correspondence that appears
to have come from our Bank but asks you for this type of information, you
should not respond to it and immediately report the incident to the Bank’s
Client Support team at (888) 228-2265. The sender is not our Bank, and is
likely a cybercriminal.
You acknowledge that maintaining confidentiality of the Activated
Account is your responsibility.
You
agree to maintain your account information
and
online User ID and password
in strict confidence in order to prevent
unauthorized
access to your accounts and
the
Personal Online Services. You further
agree to immediately notify us of any
unauthorized
use, or potential
unauthorized use, of the Personal Online Services or
any Activated Account, or of any suspicious or
unexplained activity in
any Activated Account. You acknowledge that anyone with whom you share or who
otherwise uses your User ID and password will have access to your Activated
Accounts for all purposes, including
making
withdrawals and initiating
transactions, regardless of ownership of such accounts.
You
further acknowledge that you will be responsible for
any
access to and
from an Activated
Account for any purpose.
Risk of
Unauthorized Access and Cybercrime Mitigation Best Practices. The Bank offers
certain clients online banking services that provide the ability to access
account information and transfer funds electronically. One of the risks
associated with online banking is unauthorized access, which could result in
the unintentional exposure of sensitive account information and the
unauthorized origination of electronic transactions. The risk of external fraud
can be mitigated by, among other things, you establishing a sound Internet use
policy and taking steps to prevent malicious software from being loaded on your
computer. Common practices may include
but is not limited to (i) employing firewalls, (ii) daily updates to your
antivirus/anti-malware software, (iii) restricting individual access to
computers used for online banking, (iv) restricting Internet and website access,
(v) password-protecting mobile devices, computers and wireless networks used to
access the Internet, (vi) dedicating a computer for only online banking
purposes, and (vii) selecting a complex, strong password and changing it often.
Sufficiently strong, complex passwords should be at least eight characters long
(preferably 10 or more) and contain upper-case, lower-case, numbers and special
characters. All of these strategies
should be considered when utilizing online banking services, particularly when
originating electronic transactions.
Daily review of your account balances and
activity can lead to swift detection of unauthorized transactions, which is
helpful in preventing additional losses and in reducing the potential size of
an existing loss. If you suspect that there may be unauthorized account
activity or access by an unauthorized user, contact the Bank’s Customer Support
team at (888) 228-2265 immediately and clearly state that you suspect there may
be unauthorized activity. No system or set of systems is fool-proof, but we do
know that the risks of fraud can be significantly reduced when clients use the
risk mitigation strategies and tools referenced above. Please feel free to
contact Customer Support at (888) 228-2265 and a subject matter expert would be
happy to explain these strategies again and in more detail.
One commonly used method for cybercriminals to
gain access to your computer – and possibly your online banking and electronic
funds transfer services (if applicable) – is through the download of malicious
software (malware) to your computer system. An individual clicking on a
compromised website, link or email attachment can inadvertently trigger the
download of malware onto the victim’s computer. Malware may perform any number of
sinister attacks, including quietly capturing every keystroke a victim makes on
his or her computer keyboard, which is then automatically transmitted to the
cybercriminal who originated the attack. If any captured keystrokes include the
victim’s online banking credentials, the cybercriminal may thereby gain access
to the victim’s online banking services, which could allow the cybercriminal to
view sensitive account information and create unauthorized electronic transactions
from the victim’s account.
You should conduct a periodic risk assessment of
your environment as it relates to Internet access, online banking, and funds
transfers. Most clients find the potential risk exposure high enough to justify
the cost of using an outside expert in this field to assist them. The risk
assessment should assess your overall Internet exposure, online banking
exposure and existing mitigation systems (such as procedural, technical and
administrative safeguards that you use). We ask that, if not already employed,
you again consider the alternatives we have previously offered in this section that
can help reduce the risks of fraud and losses associated with Internet access,
online banking and electronic funds transfers. Contact our Customer Support
team at (888) 228-2265 to discuss the above mentioned alternatives.
If you choose not to implement the risk
mitigation strategies and tools referenced above, consider the substantial and
multiple risks of fraud to which your information is exposed without these safeguards.
Your risk of unauthorized funds transfer activity, including bill payments, can
be significantly higher if you choose to forgo the risk mitigation strategies
and tools offered by the Bank or outside experts as mentioned above. You agree that you understand the substantial
risks of external fraud associated with Internet-based activity and its
potential impact on online banking and electronic funds transfer activities.
For more information, go to www.cbbank.com and click the
Security link at the top of the page.
13. BALANCE AND TRANSACTION INFORMATION. You can use the Personal Online Services to obtain balance and transaction
information about your Activated Accounts.
Balance and
transaction information provided
to
you as part of the Personal Online Services is not the official
record of your account or its activity. Your account statement, furnished to you by us in electronic or paper format, is the
official record. Balance and transaction
information is generally updated regularly, but is
subject to adjustment
and correction
and therefore should not be relied upon
by
you for taking, or not taking, any action.
If you overdraw your
checking
account and you have deposit account overdraft protection with
our Bank, the credit to your
checking account will appear on
the
day the checking account is overdrawn, and the debit to your offset
account may not appear until the following
day. This means that your offset account balance may be overstated
by
the transfer amount for one day. If a transfer exceeds the available credit on your overdraft
protection line or
business line of credit, the funds will appear
in the account to which
you
transferred them,
but
will not be available for withdrawal. The transfer may be reversed
by us the following Business Day.
14. ACCOUNT STATEMENTS. You may obtain
periodic statements for your
Activated
Accounts either online within
the
Personal Online Services or in paper
format delivered by postal
mail. By enrolling in eStatement online account statements, you agree to receive statements online for all
eligible Activated
Accounts for online statements in the Personal Online Services.
You
may change or indicate your preference by selecting the applicable choice within
the
Personal Online Services or by contacting
us
at (888) 228-2265. If you choose to receive statements online, we will notify you electronically
when a statement is
available for viewing within the Personal Online Services.
Each such electronic “statement ready” notice shall
be deemed sent to, and received
by, all account owners on
the
day we send
it. You agree to contact us promptly,
and in no event later than thirty (30) days after delivery or expected
delivery, if you do not receive your
online statement for any reason, or if you believe that there is any error,
misstatement or fraud in connection with your online statement or the
applicable Activated Account. An eStatement agreement is provided upon online
enrollment and is available upon request, which provides more information about
online electronic account statements.
Online eStatement
account statements
will be available for three
(3) years after date of delivery. You may print the documents or save them to your computer. If you
encounter difficulty saving or
printing the online statement or images of
supporting transactions, contact us at (888)
228-2265 for a paper copy of the documents.
You
can terminate online statement delivery for any of
your
Activated Accounts at any time by calling
us
at the above telephone number.
A fee to receive a
paper statement may apply. See
the
applicable Personal
Account Agreement for details.
We will make statements for your
Activated
Accounts available to you
as required
by
law or upon request. We
may
stop making statements available at any time without notice in such
circumstances as when your
account
becomes inactive, in default, or
in similar circumstances.
15. ONLINE BILL PAYMENT. Our Online Bill Payment Service (the “Bill Payment Service”) allows you
to schedule bill payments through the Bill Payment Service seven days a week. The
Bank uses a third-party service provider, which is accessible through Personal Online
Banking. Through the Bill Payment Service you can:
§
Pay bills to merchants, institutions, or individuals with a U.S. address
§
Receive eBills for certain
payees
§
Set up payments to be made on
a recurring
basis
a) Payment Account – Each time you make an Online Bill
Payment (“Bill Payment”), you must indicate the
Activated Account from which you wish the Bill
Payment to be made (the "Payment Account"). The Bill Payment Service is not available for
certain types of accounts. Refer to the applicable Personal
Account Agreement for
details.
b) Payment Method – A "Payee" is
a person or
business you are
paying. You can designate Payees only with
U.S. addresses. We may refuse to accept certain parties as Payees or we may delete Payees from our system if you do not transfer
funds to them for an extended
period of
time.
The Bill Payment service will complete your Bill
Payment by debiting
your account electronically (ACH) and either: a) originating an ACH credit
payable to the Payee or b) producing a check drawn on the Service Provider, payable
to the Payee. Alternatively, and at the
Service Provider’s discretion, they may not debit your account electronically
and instead create a draft payable to the Payee drawn on your Citizens Business
Bank Payment Account and mailed via United States Postal Service (USPS) to render Bill
Payment services on
your behalf.
c) Timing and
Scheduling Your
Bill Payments --
To allow time for the payee to receive your
Bill Payment, you must schedule the Bill Payment sufficiently in advance to allow for processing
and delivery time. The required advance time for a particular Bill Payment is
indicated within the Bill Payment screens.
The day by which
the
Payee indicates
Bill Payment is due is the "Due Date." We recommend
that you do not schedule the Bill Payment to be made during a grace period
that your Payee grants between the Due Date and the
date by which
the
Bill Payment is considered late (e.g. many mortgage payments). The Bank will not be liable for late charges, penalties, interest, finance charges and other
damages if you schedule your Bill Payment
to be paid
during a grace period.
When requesting a Bill
Payment, your
account will
be
debited as follows:
Your
Activated Account will be debited
on the day you designate the Bill Payment to be made (the "Date to Send"
or “Send
on Date”). The Bill Payment will be mailed or
sent electronically
to the Payee on the next Business Day. You must have available funds on deposit in the Activated Account you specify on the Send on
Date for the Bill Payment to be made.
Recurring Bill Payments may be set up to occur at regular intervals.
They must be for the same dollar
amount each time. Any scheduled or recurring Bill Payment request you designate that falls on
a Saturday, Sunday
or a Bank or Federal holiday will be made on the following Business Day.
The Bank assumes no responsibility for late Bill Payments if you do not properly schedule and
submit your request. To
ensure that critical or
time-sensitive Bill
Payments, such as insurance premiums, are made in a timely manner, we recommend that you schedule those Bill Payments well
in advance of their Due Dates. Payees may require extra time to post a Bill Payment to your
account because they do not receive a Bill
Payment coupon or
invoice
number
with the Payment. Some payees disclose the extra processing time they require to post
Bill Payments that
do
not include a Bill Payment coupon or invoice.
d) Payment Authorization and Remittance -- By providing the Bill Payment Service with names and account information of Payees to which you
wish to direct Bill
Payments, you
authorize the Bill
Payment Service to follow the Payment Instructions that it receives through
the
Site. In order to process Bill
Payments more efficiently and
effectively, the Bill
Payment Service may edit or alter Bill
Payment data or data formats in
accordance with Payee directives. When
the
Bill Payment Service receives a Bill Payment Instruction, you authorize the Bill Payment Service to debit your
Payment Account and
remit funds on your behalf so that the funds arrive as close as reasonably possible to the Arrive By date designated by you. You also authorize the Bill
Payment Service to credit your Payment Account for Bill Payments returned to the
Bill Payment Service by the USPS or Payee, or Bill Payments remitted to you
on behalf of another
authorized
user of the Bill Payment Service. The Bill
Payment Service will attempt to make all your Bill Payments properly. However, the Bill Payment Service shall
incur
no
liability, and any liability for failure to complete a transaction
(as described in Section 24) shall be void,
if the Bill Payment Service are
unable to complete any Payments initiated
by
you because of the existence of
any one or more of the following circumstances:
i) If, through
no
fault of the Bill Payment Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would
exceed the credit limit of
your overdraft protection account (if
any);
ii) The Bill
Payment processing center
is
not working
properly and you know or have been
advised
by
the Bill Payment
Service about the malfunction
or lack of availability before you execute the transaction;
iii) You have not provided
the Bill Payment Service with the correct Payment Account information, or the correct name, address, phone number, or account information
for the Payee; and/or,
iv) Events or circumstances beyond control of the Bill
Payment Service (such as, but not limited to, fire, flood, or
interference
from
an outside force) prevent the proper execution of
the
transaction.
You must notify us as soon as possible if a discrepancy is identified. Provided none of the foregoing exceptions is applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed from your Pa