The following terms and conditions govern the manner in which Clinton National Bank (Us, We, Our) will provide CNB
PC Banking (Service, Services) to You:
OUR CUSTOMER SERVICE INFORMATION
Our Customer Service is available at (563) 243-5451, during business hours.
Customer Service email address: firstname.lastname@example.org
Mail may also be addressed to:
Clinton National Bank
235 6th Avenue South
Clinton, Iowa 52732
PAYMENT SERVICES (bill payment & people-to-people payments)
This Agreement applies to all payment services allowed using Our PC Banking, Business PC Banking, and Mobile Banking services, including payments and transfers to merchants as well as individuals, regardless of the system used to process the transfer of the funds (i.e.- paper check, internal transfer, ACH system transfer, proprietary transfer system).
We reserve the right to refuse to make any payment and/or transfer. Payment of taxes or court directed payments via the Service is prohibited.
Funds will arrive at Your designated Payee 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 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 designated Payee or Account, an 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. ALL PAYMENTS ARE SUBJECT TO CONFIRMATION OF SUFFICIENT AVAILABLE FUNDS IN YOUR ACCOUNT. 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 OR PAYEE. YOU MUST BECOME FAMILIAR WITH THE PAYMENT PROCESSING TIME FOR EACH MERCHANT AND PAYEE 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 OR PAYEE, 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 use of 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 or Payees to whom You wish to direct payment or Accounts to which You wish to make a transfer.
*The Merchant or Payee 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 8:00 p.m. Central Standard Time (CST) the same Business Day You schedule a payment.
DEPOSIT SERVICES: All items deposited through Our remote deposit service (Xpress Deposit) using a scanner or mobile device is subject to verification and final collection by Clinton National Bank. Items deposited must be made payable to You and endorsed with the words “For Remote Deposit only at CNB.” Items must also be drawn on a financial institution located within the United States. Deposits made before 5:00 PM Central Time will be processed for the current business day. Generally, the deposited funds will be available the next business day after processing. Refer to Our Electronic Fund Transfer Agreement for additional limitations. All items deposited should be retained and securely stored for at least 14 days to allow sufficient time for it to be collected. You may be required to present the original item in the event there is any question about the validity of the item. Check Your account service charges for fees and charges related to PC Banking and Mobile Banking services. You are responsible for items returned unpaid by the Payor.
STATEMENTS: All payments and/or transfers made via the Service will be listed on Your monthly Account statements (Statement) that you receive from Us. You must report any errors within 60 days of receiving the first statement showing the error.
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 and fees concerning these services.
CARE OF YOUR SECURITY CODE AND SECURITY: You agree that You will not give or make available to any other person your User ID, Password or any service security code (Security Code). 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, (563) 243-1243, or send an electronic message through the Service or email us at email@example.com.
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 first Statement with the error 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) prevented You from contacting Us, We may, at Our discretion, extend the time.
ERRORS AND QUESTIONS: You must contact Us as soon as possible at the mailing address, email 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:
1)Your name and User ID.
2)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.
3)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 for 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 use of the Service. This suspension may be without prior notice to You. If Your use of the Service 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 use of the Service 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 and Payees which We were unable to recover by debit to their account or by a previous charge to You.
If You do not pay an 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 attorney fees and court costs.
FEE SCHEDULE: You agree to pay Us the fees to be published by Us from time to time. For a current list of fees, contact Customer Service.
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.