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The following terms and conditions govern the manner in which
Clinton National Bank (Us, We, Our) will provide CNB PCBanking
(Service, Services) to You:
OUR CUSTOMER SERVICE INFORMATION
Our Customer Service is available at (888) 226-5418, 24 hours a day.
Mail may also be addressed to:
Clinton National Bank
235 6th Avenue South
Clinton, Iowa 52732
SERVICES
Payment of taxes or court directed payments via the Service is
prohibited.
We reserve the right to refuse to make any payment and/or
transfer.
Funds will arrive at Your targeted Merchant and/or Account as
close as reasonably possible to the date designated by You in
Your payment and/or transfer instruction (Payment Date).
Subject to the terms and conditions of this Agreement, You
authorize Us, and any third party acting on Our behalf, to
choose the most effective method to process Your payment and/or
transfer, including, without limitation, electronic, paper or
some other draft means. For each properly instructed payment to
an eligible Merchant and/or transfer to a targeted Account, and entry will
appear in the Register listing of transactions.
The Payment Date indicated by You must always be a Business Day
(as defined below). If it is not, the Payment Date will be
deemed to be the first Business Day after the date indicated.
UNLESS THE TRANSACTION IS LISTED IN THE "REGISTER," WE SHALL NOT BE LIABLE
FOR ANY FAILURE TO MAKE A PAYMENT AND/OR TRANSFER, INCLUDING ANY
FINANCE CHARGES OR LATE FEES INCURRED AS A RESULT. IT IS ALSO
IMPORTANT THAT THE PAYMENT DATE BE ON OR BEFORE THE MERCHANT DUE
DATE, NOT THE LATE DATE, AND, SINCE THE TIME FOR US TO PROCESS
YOUR PAYMENT VARIES ACCORDING TO THE PARTICULAR MERCHANT, YOU
MUST BECOME FAMILIAR WITH THE PAYMENT PROCESSING TIME FOR EACH
MERCHANT YOU DESIRE TO PAY, AND ALLOW AN ADEQUATE NUMBER OF
BUSINESS DAYS BETWEEN THE DAY YOU INPUT YOUR PAYMENT INSTRUCTION
AND THE PAYMENT DATE. SUBJECT TO THE LIMITATION DISCUSSED
BELOW, IF YOU FOLLOW THE PROCEDURES DESCRIBED IN THIS AGREEMENT
FOR PAYMENTS, AND YOU ARE ASSESSED A PENALTY OR LATE CHARGE, WE
WILL REIMBURSE YOU FOR THAT LATE CHARGE UP TO A MAXIMUM OF FIFTY
DOLLARS ($50.00). IN THE EVENT THAT YOU DO NOT ADHERE TO
THE OBLIGATIONS SET FORTH IN THIS AGREEMENT, OR YOU SCHEDULE A
PAYMENT LESS THAN THE ADEQUATE NUMBER OF BUSINESS DAYS BEFORE THE DUE
DATE REQUIRED FOR A PARTICULAR MERCHANT, YOU WILL BEAR FULL
RESPONSIBILITY FOR ALL PENALTIES AND LATE FEES AND WE WILL NOT
BE LIABLE FOR ANY SUCH CHARGES OR FEES.
LIMITATION: Under no circumstances will We be liable if We are
unable to complete any payments and/or transfers initiated in a
timely manner via the Service because of the existence of any
one or more of the following circumstances:
- The transaction does not appear in the register at the time You initiate a
payment and/or transfer.
- The designated Account does not contain sufficient funds to
complete the payment and/or transfer.
- You have closed the designated Account.
- We have identified You as a credit risk and have chosen to
(i) make all payments and/or transfers initiated by You via the
Services utilizing a paper, as opposed to electronic, method, or
(ii) to terminate Your subscription to the Service.
- The Service, Your equipment, the software, or any
communications link is not working properly before You execute the
transaction.
- You have not provided Us with the correct information for
those Merchants to whom You wish to direct payment or Accounts
to which You wish to make a transfer.
- The Merchant mishandles or delays handling payments sent by
Us.
- Circumstances beyond our control (such as, but not limited
to, fire, flood, or interference from an outside source) prevent
the proper execution of the transaction.
WE ARE NOT RESPONSIBLE FOR ANY OTHER LOSS, DAMAGE OR INJURY,
WHETHER CAUSED BY YOUR EQUIPMENT OR SOFTWARE, THE SERVICE, OR
ANY TECHNICAL OR EDITORIAL ERRORS CONTAINED IN OR OMISSIONS FROM
ANY USER GUIDE RELATED TO THE SERVICE. WE SHALL NOT BE
RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGE ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR
MAINTENANCE OF YOUR EQUIPMENT, SOFTWARE OR THE SERVICE, EXCEPT
WHERE THE LAW REQUIRES A DIFFERENT STANDARD.
PAYMENT CANCELLATION/MODIFICATION: Except for those transfers
which are completed immediately, You may cancel or modify a
payment up to 9:00 p.m. Central Standard Time (CST) the
same Business Day You schedule for payment.
STATEMENTS: All payments and/or transfers made via the Service
will be listed on Your monthly Account statements (Statement)
that you receive from Us.
NEW SERVICES: We may, from time to time, introduce new services
or enhance the existing Service. We shall notify You of the
existence of these new or enhanced services. By using these
services when they become available, You agree to be bound by
the obligations concerning these services.
CARE OF YOUR SECURITY CODE AND SECURITY: You agree that You
will not give your Service security code (Security Code) or
make it available to any other person. If You believe that Your
Security Code has been lost or stolen, or that someone has made
payments and/or transfers using Your Security Code without Your
permission, notify Us IMMEDIATELY by phone, (888) 226-5418, any time or send an electronic message through
the Service.
YOUR LIABILITY FOR UNAUTHORIZED PAYMENTS: (Sample of
Client Institution Reg E statement) If you believe that your
Security Code has been lost or stolen, notify Us IMMEDIATELY as
provided above in order to keep your possible losses down. If
you notify Us within two (2) Business Days after You learn of
the loss or theft, your maximum liability is $50.00.
If you do NOT notify Us within two (2) Business Days after You
learn of the loss or theft of your Security Code, and We can
prove that We could have prevented someone from using Your
Security Code if You had told Us in time, Your maximum liability
is $500.00.
If your Statement contains payments and/or transfers that You
did not make, notify Us IMMEDIATELY. If You do not notify Us
within sixty (60) days after the Statement was mailed to You,
You may not get back any of the money You lost 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 hospital stay
or a long trip) prevented You from telling Us, We may at Our
discretion, extend the time.
ERRORS AND QUESTIONS: Contact Us as soon as possible at either
the address or telephone number described above if You think
that a payment and/or transfer listed on Your statement is in
error or if You need more information about a payment and/or
transfer listed on the Statement. We must hear from You no later
than sixty (60) days after You received the first Statement on
which the problem or error appeared.
When You call or write Us, You must provide the following
information:
- Your name and User ID.
- Describe the payment and/or transfer You are unsure about
(Merchant name, Account information, Transaction Date,
Transaction Amount) and explain as clearly as You can why You
believe it is an error or need more information. If possible,
please provide Us with the Confirmation Number for such
transaction.
- Tell Us the dollar amount of the suspected error. If You
tell Us orally, or by using the Service's electronic mail, We may
require that You send Your complaint in writing within ten(10)
Business Days. We will tell You the result of Our investigation
within ten (10) Business Days after We receive Your complaint
and will correct any Service error promptly. If We need more
time, We may take up to forty-five (45) days to investigate the
complaint or question. If We decide to do this, We will re-credit
Your Account within ten (10) Business Days after we hear from
you, for the amount You think is in error in order that You may
have the use of the money during the time it takes to complete
Our investigation. If We ask You to put Your question or
complaint in writing and We do not receive it within ten (10)
Business Days, We may not re-credit Your Account.
If We decide that there was no error, We will mail or transmit
to You a written explanation within three (3) Business Days
after We have completed the investigation, and within ten (10)
Business days of the date of such explanation, We will debit
Your account of the amount previously re-credited to You for use
during the time We took to complete Our investigation. You may
ask for copies of documents used during Our investigation.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES: We will
disclose information to third parties about Your Accounts :
- When it is necessary for completing payments and/or
transfers;
- In order to comply with a government agency or court
order; or
- If You give us Your permission.
CHARGES: You may pay all
Service charges from a designated Account. In the event of Your
failure to timely pay Us, You authorize Us to effect automatic
payment from one of Your Accounts by electronic, paper or other
draft means.
In the event We are unable to process a Service transaction,
(if, for example, there are insufficient funds in Your
designated Accounts) the transaction will result in a "Failed
Payment and/or Transfer." In such event, We will charge the
total cost of the transaction, including any service charges, to
You. In the event of repetitive Failed Payment and/or Transfer,
We reserve the right to suspend Your subscription to the Service. This suspension may be without prior notice to You.
If Your subscription is suspended, transactions which were
previously initiated may still continue to be processed unless
canceled and confirmation of such cancellation is provided as
specified below. Suspension will be handled by Customer Service
and all inquiries and correspondence relating thereto including
requests for reinstatement should be directed to Customer
Service. In the event Your subscription is suspended, We will
notify You by mail to Your listed address. With respect to any
Failed Payment and/or Transfer, You agree to reimburse Us within
fourteen (14) days after notice is sent to You, for any funds We
have already paid to one or more of Your designated Merchants
which We were unable to recover by debit to the Merchant or
charge to You.
If You do not pay any amount owed to Us when due, You agree to
pay interest on the unpaid balance at the rate of 18% per annum,
or 1.5% per month (or the maximum rate allowed by applicable
law, if less). In the event that Your claim or debt has to be
referred to a third party for collection, You agree, to the
extent permitted by law, to pay all costs and fees incurred in
collecting the outstanding balances, including reasonable
attorneys fees and court costs.
FEE SCHEDULE: You agree to pay Us the fees to be published by
Us from time to time.
ADDITIONAL TERMS AND CONDITIONS:
- In addition to the foregoing, You agree to be bound by and
comply with the requirements of applicable state and federal laws and regulations. We agree to
be bound by them also.
- We reserve the right to terminate Your use of the Service,
in whole or in part, at any time without prior notice.
- You may cancel Your subscription to the Service, upon
thirty (30) days prior notice to Customer Service. You will be
responsible for all payments and/or transfers You have requested
prior to termination and for all other charges, fees, and taxes
incurred.
BE SURE TO CANCEL ALL OUTSTANDING PAYMENT AND/OR TRANSFER
ORDERS WITHIN THE 30 DAY NOTIFICATION PERIOD. WE WILL NOT BE
LIABLE FOR PAYMENTS AND/OR TRANSFERS NOT CANCELLED OR MADE DUE
TO YOUR ACTIONS OR LACK OF ACTIONS, RELATED TO SERVICE
TERMINATION.
- These Terms and Conditions and
applicable Services fees and charges may only be altered or
amended by Us. In such event, We shall send notice to You at
your listed address or transmit notice of the alteration or
amendment over the Service. Your use of the Service
following receipt of such notice constitutes acceptance of such
alterations or amendments.
- In the event of a dispute regarding the Services, You and
We agree to resolve this dispute by looking to these Terms and
Conditions. These Terms and Conditions shall supersede any and
all other representations made by You or Our employees.
- These Terms and Conditions shall be governed by and
construed in accordance with the laws of the State of Iowa.
- Business Days are Monday through Friday excluding normal
banking holidays.
- If any part of these Terms and Conditions are voided, the
remaining parts shall continue in full force.
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