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” orknowledge 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 AccountEach 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