Effective November 13, 2007
City National Bank Online Banking Service
is available to all of our customers at no monthly charge for
the account information and transfer services. |
I. Introduction
General Information
Consumer
Accounts
Business
Days
II. Accessing Your Account, Security and Your Responsibilities
Password
and Login Security
Your Rights
and Responsibilities
III. Online Banking Services and Limitations
Available
Services
Hours of
Accessibility
Limits on
Frequency and Amount of Transfers
Balance and
Transaction Information
Account Information
and Transfers
Unavailable,
Delayed, or Inaccurate Account Information
Limits on
Frequency and Amount of Transfers
Service Cancellation
IV. Bill Payment
Eligibility
Bill Pay
Procedure
Allow Sufficient
Time for Your Payments
Liability
Termination
of Bill Payment
Bill Payment
Fees
Joint Account
Holders
V. Changes to Fees, Charges and Other Terms
VI. Additional Electronic Fund Transfer Disclosures and Agreement
Terms
VII. Limitations on Bank Liability
VIII. Other Provisions
I. Introduction
General Information: This Online Banking Terms and Conditions
Agreement ("Agreement") is a contract between you and City National
Bank that outlines and governs the Terms and Conditions for accessing your
personal and commercial accounts via City National Bank Online Banking Service.
This Agreement explains the terms and conditions which govern the following
Online Banking Services:
Account and Balance Inquiries
Account Transfers
Transaction Downloads
Bill Pay Transfer: This Agreement also includes and incorporates
the disclosures required by the Electronic Fund Transfers Act (15 USC 1693
et seq.). This Agreement applies only to the City National Bank Online Banking
Service. Other electronic fund transfers to or from your accounts at City National
Bank are governed by the Electronic Fund Transfer Disclosure provided to you
when you established your account or when you requested other electronic fund
transfer services.
In order to use City National Bank Online Banking Service, you
must accept these terms and conditions. By clicking on the "I
Agree" button at the end of this Agreement, you agree to
abide by all the terms and conditions of this Agreement and acknowledge
your receipt and understanding of this Agreement. Please read
this Agreement carefully and print a copy for your records. This
Agreement is governed by federal laws and regulations and, to
the extent not preempted by federal law, by laws and regulations
of the State of New Jersey.
Consumer Accounts: Some of the terms set forth in this Agreement,
as specified in this Agreement, apply only to Consumer Accounts. A "Consumer
Account" is an account held by a natural person and used primarily for
personal, family or household purposes.
Business Days: The term "Business Day" means Monday
through Friday, excluding federal banking holidays.
II. Accessing Your Accounts, Security and Your Responsibilities.
Password and Login Security: Security is very important to
City National Bank. In order to activate your Online Banking Service, you must
have at least one checking, savings, certificate of deposit or loan account
with City National Bank. When you login to the service for the first time,
you will use your account number and your temporary password we will provide
you. You will then be prompted to choose a new "Access ID" and a
new "Password." Because your password is used to access your accounts,
you should treat it as you would any other sensitive personal data. You should
carefully select a password that is hard to guess. Keep your password safe.
Memorize your password and never tell it to anyone. You should not under any
circumstances disclose your password by telephone or to anyone claiming to
represent City National Bank. Bank employees do not need and should not ask
for your password.
City National Bank is entitled to act on instructions received
through online banking under your password and without inquiring
into the identity of the person using that password. Any person
having access to your City National Bank online banking password
will be able to access the Online Banking Services and perform
all transactions, including reviewing account information and
making transfers to other accounts which have mutual ownership.
You are liable for all transactions made by persons authorized
to use your password.
If, despite the Bank's advice, you give your password to anyone,
you do so at your own risk since anyone to whom you give your
password or other means of access will have full access to your
account(s) even if you attempt to limit that person's authority.
We strongly urge you to change your password every 90 days. This
can be done at any time once you are logged in, from the "Options" menu.
Once you login as a first time user, you will be required to
change the initial access ID and password and select an access
ID and password known only to you.
- The Access ID you
select may be any combination of alpha/numeric/special
characters, from six (6) to twelve (12) digits.
- The password criteria
is as follows
- Minimum Password Length 6
- Maximum Password Length 12
- Number of Alpha Characters Required
1
- Number of Numeric Characters Required
1
- Number of Special Characters Required
1
- Passwords are case sensitive (must be
entered exactly as input with upper and/or lower case
characters).
- Passwords can be changed at any time
by the accountholder, and by any other person to whom
the accountholder provides the password, through City
National Bank Online Banking Service.
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If you suspect that an unauthorized
person has access to your password or believe your password has
been lost or stolen or that someone may attempt to use the service
without your consent or has transferred funds without your permission,
your must notify City National Bank immediately. See Part VI
of this Agreement for additional information relating to liability
for unauthorized transactions and error resolutions.
Your session time is unlimited, but to help prevent unauthorized
access and ensure the security of your accounts, we will end
your online session if we have detected no activity for 15 minutes.
This is to protect you in case you accidentally leave your computer
unattended after you login. When you return to your computer,
you will be prompted to re-enter your password and your session
will continue.
Your Rights and Responsibilities: In addition to this Agreement,
you agree to be bound by and comply with the Account Agreement and Account
Disclosure, the rules and regulations of the electronic transfer system, and
state and federal laws and regulations. You, the consumer, are responsible
for keeping your online password and account data confidential. We are entitled
to act on transaction instructions received using your password, and you agree
that the use of your password will have the same effect as your signature,
authorizing the transaction(s). If you authorize other persons to use your
password in any manner, your authorization will be considered unlimited in
amount and manner until you have notified us in writing that you have revoked
the authorization, changed your password, and that you are responsible for
any transactions made by such persons until such time as we receive and have
time to act upon the notification that transfers by that person, or instructions
regarding your accounts, are no longer authorized.
III. Online Services and Limitations
Available Services: You may use your personal computer to:
- View account balances and transaction
history.
- Transfer funds from your City National
Bank checking and savings accounts into:
- Other City National Bank checking
and savings accounts that belong to you.
- Loan accounts.
- Establish automatic transfers from one
of your City National Bank accounts to another (from
checking and savings to checking, savings or loans).
- Through Online Bill Payment, pay bills
to any merchant, institution or individual with a U.S.
mailing address.
- Communicate directly with City National
Bank via e-mail.
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Other services may be added to
City National Bank Online Banking Service and will be communicated
to our customers as the additions are made.
Hours of Accessibility: You may access City
National Bank Online Banking Service seven days a week, 24
hours per day. Necessary system maintenance will be scheduled
for hours during which system traffic is normally at a minimum.
If the system is unavailable due to an unanticipated problem,
you may use the automated telephone voice response system (Telebanc),
one of our ATM machines, or a branch office (during regular
business hours) to conduct transactions.
Balance and Transaction
Information: You may access any eligible City National
Bank account on which you are an owner or signer to receive
transaction history and balance information. The balance and
account history will show the current balance of the account,
including any transactions conducted prior to the inquiry.
In progress returns due to non-sufficient funds or stop payments
may not be reflected in the inquiry.
Account Information
and Transfers: Account balances and activity is current
information. Funds transferred between related accounts initiated
on your computer using Online Banking and received by the bank
before 3:00 p.m. EST on a Business Day will be effective on
that Business Day. Transfers processed on your computer using
Online Banking and received after 3:00 p.m. EST on a Business
Day, or on any non-Business Day, will be effective the following
Business Day.
Unavailable, Delayed,
or Inaccurate Account Information: We strive to provide
complete, accurate and timely account information through Online
Banking. However, unless otherwise required by law, we will
not be liable to you if any such information is unavailable,
delayed or inaccurate. With respect to electronic funds transfer
problems, such as unauthorized transfers or the Bank's failure
to properly complete authorized transfers, the extent of our
liability is described in Part VI of this Agreement.
Limits on Frequency
and Amount of Transfers: Federal regulations require
us to limit either by contract or in practice the number of
certain types of transfers from money market deposit accounts
and savings accounts. Under these regulations, you are limited
to six (6) preauthorized electronic fund transfers each month,
including telephone transfers, Online Bill Payment and other
online banking transactions, checks, and point-of-sale transactions.
Of these six transactions, you are limited to no more than
three transactions per month by check or point-of-sale. Payments
to your City National Bank loan accounts are not counted toward
this limit. Subject to availability of funds in your designated
checking account, there are no limits on the dollar amount
of transfers to or from your account.
Service Cancellation: City
National Bank reserves the right to cancel your online service
at any time without notice due to insufficient funds in one or
more of your accounts. After cancellation, service may be reinstated
at the discretion of the bank provided that funds are available
to cover the cost of any fees and/or pending transfers. To reinstate
your service, contact City National Bank Online Banking Department
at (Your Phone Number).
If you wish to cancel any of
your City National Bank Online Banking services, please contact
City National Bank Online Banking Department at (Your Phone Number)
or send us cancellation instructions in writing to: City National
Bank-Online Banking Department, Your Address.
IV. Optional Bill Payment
Through City National Bank Online Banking Service you may subscribe
to the Online Bill Payment system.
TERMS AND CONDITIONS OF THE
BILL PAYMENT SERVICE / CHECKFREE
SERVICE DEFINITIONS
"Service" means the
Bill Payment Service offered by your financial institution -
CheckFree
"Agreement" means these
Terms and Conditions of the bill payment and e-mail payment service.
"Payee" is the person
or entity to which you wish a bill payment or e-mail payment
to be directed or is the person or entity from which you receive
electronic bills or e-mail payments, as the case may be.
"Payment Instruction" is
the information provided by you to the Service for a bill payment
or e-mail payment to be made to the Payee (such as, but not limited
to, Payee name, Payee account number, and Scheduled Payment Date).
"Payment Account" is
the checking account from which bill payments or e-mail payments
will be debited.
“Billing Account” is
the checking account from which all Service fees will be automatically
debited.
"Business Day" is
every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is
the day you want your Payee to receive your bill payment and
is also the day your Payment Account will be debited, unless
the Scheduled Payment Date falls on a non-Business Day in which
case it will be considered to be the previous Business Day.
“Due Date” is the
date reflected on your Payee statement for which the payment
is due. It is not the late date or grace period.
“Scheduled Payment” is
a payment that has been scheduled through the Service but has
not begun processing.
BILL PAYMENT SCHEDULING
Transactions begin processing four (4) Business Days prior to
your Scheduled Payment Date. Therefore, the application will
not permit you to select a Scheduled Payment Date less than
four (4) Business Days from the current date. When scheduling
payments you must select a Scheduled Payment Date that is no
later than the actual Due Date reflected on your Payee statement
unless the Due Date falls on a non-Business Day. If the actual
Due Date falls on a non-Business Day, you must select a Scheduled
Payment Date that is at least one (1) Business Day before the
actual Due Date. Scheduled Payment Dates should be prior to
any late date or grace period.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly
delays in handling and posting payments by Payees or financial
institutions, some transactions may take longer to be credited
to your account. The Service will bear responsibility for any
late payment related charges up to $50.00 should a payment
post after its Due Date as long as the payment was scheduled
in accordance with the guidelines described under “Bill
Payment Scheduling” in this Agreement.
PAYMENT AUTHORIZATION
AND PAYMENT REMITTANCE
By providing the Service with names and account information of
Payees to whom you wish to direct payments, you authorize the
Service to follow the Payment Instructions that it receives through
the payment system. In order to process payments more efficiently
and effectively, the Service may edit or alter payment data or
data formats in accordance with Payee directives.
When the Service receives a Payment Instruction, you authorize
the Service to debit your Payment Account and remit funds on
your behalf so that the funds arrive as close as reasonably possible
to the Scheduled Payment Date designated by you. You also authorize
the Service to credit your Payment Account for payments returned
to the Service by the United States Postal Service or Payee,
or payments remitted to you on behalf of another authorized user
of the Service.
The Service will use its best efforts to make all your payments
properly. However, the Service shall incur no liability and any
Service Guarantee shall be void if the Service is unable to complete
any payments initiated by you because of the existence of any
one or more of the following circumstances:
- If, through no fault of the Service, your
Payment Account does not contain sufficient funds to complete
the transaction or the transaction would exceed the credit
limit of your overdraft account;
- The payment processing center is not working
properly and you know or have been advised by the Service
about the malfunction before you execute the transaction;
- You have not provided the Service with the
correct Payment Account information, or the correct name,
address, phone number, or account information for the Payee;
and/or,
- Circumstances beyond control of the Service
(such as, but not limited to, fire, flood, or interference
from an outside force) prevent the proper execution of the
transaction and the Service has taken reasonable precautions
to avoid those circumstances.
Provided none of the foregoing
exceptions are applicable, if the Service causes an incorrect
amount of funds to be removed from your Payment Account or causes
funds from your Payment Account to be directed to a Payee which
does not comply with your Payment Instructions, the Service shall
be responsible for returning the improperly transferred funds
to your Payment Account, and for directing to the proper Payee
any previously misdirected transactions, and, if applicable,
for any late payment related charges.
E-MAIL PAYMENTS
The following applies to your use of the e-mail payment and request
for money functionality of the Service. This functionality
allows you to make payments from your Payment Account to any
other account enrolled in this Service. If you choose to utilize
this functionality you also agree to the following:
Information provided to the
Service – You agree to provide true and accurate enrollment
information to the Service, and to maintain and promptly update
your information as applicable. You agree not to impersonate
any person or use a name that you are not authorized to use.
Activation limitations – You
must be at least eighteen (18) years of age to enroll in the
Service. You must be a resident of the United States or its possessions,
and use the Service for individual purposes only, not on behalf
of any business, corporation, proprietorship or other entity.
You must have a valid e-mail address and access to the Internet.
You must be a legal owner of the Payment Account registered for
the Service. We reserve the right to limit the number of memberships
you have with the Service.
Transaction limitations - You
will be assigned a transactional limit, a daily limit and a weekly
limit at enrollment based on parameters associated with your
credit history. You agree to accept the limits set by the Service.
We reserve the right to limit the amount you may have debited
from or credited to your Payment Account on any given day and/or
week. Additionally, the Service reserves the right to limit your
use of this functionality by imposing limits, hold times, or
other measures should we believe that suspicious activity has
occurred or may occur. You authorize the Service to check your
credit history at enrollment and to obtain follow-up credit reports
on you. Information obtained will be used by the Service to verify
information you provide to the Service and to set limits associated
with your use of the Service. The Service reserves the right
to verify any of the information you provide.
The Service shall have the right to terminate your membership,
reject or reverse any transactions you initiate, and/or restrict
or condition your right to send or receive money at any time
and for any reason, including, but not limited to:
- Excessive use;
- Using the Service (directly or indirectly)
for any unlawful purpose; an/or
- Tampering, hacking, modifying or otherwise
attempting to corrupt the security or functionality of the
Service.
Sending and receiving payments – When
the Service receives a Payment Instruction, you authorize the
Service to debit your Payment Account and remit funds on your
behalf to the Payee’s account. E-mail payments begin processing
the Business Day the Payment Instruction is submitted to the
Service. Any e-mail payment submitted on a non-Business Day will
begin processing on the next Business Day. The Service reserves
the right to hold funds beyond the standard distribution periods
for any transactions it deems necessary. The recipient’s
ability to access these funds is at the sole discretion of the
recipient’s financial institution and is not controlled
by the Service. You acknowledge that once money is delivered
to the recipient, the transaction is non-reversible and non-refundable
to you. Credits to and debits from your Payment Account are only
processed on Business Days. If we learn that you had insufficient
funds in the Payment Account from which you requested we send
money, we will cancel the payment. If we learn this after the
money has been delivered to the recipient, you will owe us and
agree to promptly repay the amount of the shortfall. We may apply
funds awaiting receipt by you against the amount you owe us.
In addition, we may not permit recipients of your outstanding
payment requests to receive the money, and we will not refund
transaction fees in these situations. With respect to any transaction,
the Service reserves the right to seek reimbursement from a recipient
if we receive any type of charge-back related to any Payment
Instructions. We may obtain such reimbursement by deducting the
charge-back amount from the recipient's account(s), reversing
any credit(s) to the recipient's Payment Account, or by seeking
such reimbursement from recipient by any other lawful means.
Non-Delivery of e-mail payments – It
is your sole responsibility to provide the correct e-mail address(s)
for an individual(s) to whom we send money on your behalf. THE
SERVICE IS NOT RESPONSIBLE FOR PAYMENTS MADE TO UNINTENDED RECIPIENTS
DUE TO THE INPUT OF INCORRECT INFORMATION BY YOU, NOR SHALL THE
SERVICE BE RESPONSIBLE FOR VERIFICATION OF THE IDENTITY OF RECIPIENTS.
Accuracy and dispute of e-mail
payments – We are not responsible for determining whether
the amount of money being sent is correct for any underlying
transaction or is actually owed to the recipient. Any dispute
that may arise between you and the recipient relating to a payment
made or received, or any other aspect of a transaction between
you and the recipient, is not the responsibility of the Service.
We make no guarantees regarding purchases paid for via the Service.
You acknowledge that the Service does not ensure the quality,
safety or legality of any merchandise received, nor that a seller
will even ship merchandise. You agree to hold the Service harmless
for any loss or expense you incur as a result of such purchases
or disputes.
Cancellation of e-mail payment(s) – Once
initiated, payments cannot be cancelled. Once money is delivered
to the recipient, the transaction is non-reversible and non-refundable
to you. However, you may cancel an invitation to send money if
it has not yet been received by the recipient. After you initiate
a payment, if the recipient is not already enrolled in the Service,
the Service will periodically send reminder e-mails to you and
the recipient until the recipient has enrolled in the Service
and received the payment. If recipient has not enrolled in the
Service and received the payment forty-five (45) days after initiation,
the Service will cancel the payment.
PAYMENT METHODS
The Service reserves the right to select the method in which
to remit funds on your behalf to your Payee. These payment
methods may include, but may not be limited to, an electronic
payment, an electronic to check payment, or a laser draft payment.
PAYMENT CANCELLATION
REQUESTS
You may cancel or edit any Scheduled Payment (including recurring
payments) by following the directions within the application.
There is no charge for canceling or editing a Scheduled Payment.
Once the Service has begun processing a payment it cannot be
cancelled or edited, therefore a stop payment request must be
submitted.
STOP PAYMENT REQUESTS
The Service’s ability to process a stop payment request
will depend on the payment method and whether or not a check
has cleared. The Service may also not have a reasonable opportunity
to act on any stop payment request after a payment has been processed.
If you desire to stop any payment that has already been processed,
you must contact Customer Service. Although the Service will
make every effort to accommodate your request, the Service will
have no liability for failing to do so. The Service may also
require you to present your request in writing within fourteen
(14) days. The charge for each stop payment request will be the
current charge for such service as set out in the applicable
fee schedule.
PROHIBITED PAYMENTS
Payments to Payees outside of the United States or its territories
are prohibited through the Service.
EXCEPTION PAYMENTS
Tax payments and court ordered payments may be scheduled through
the Service; however, such payments are discouraged and must
be scheduled at your own risk. In no event shall the Service
be liable for any claims or damages resulting from your scheduling
of these types of payments. The Service Guarantee as it applies
to any late payment related charges is void when these types
of payments are scheduled and/or processed by the Service.
The Service has no obligation to research or resolve any claim
resulting from an exception payment. All research and resolution
for any misapplied, erroneously posted or misdirected payments
will be the sole responsibility of you and not of the Service.
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only
and it is your sole responsibility to contact your Payees directly
if you do not receive your statements. In addition, if you
elect to activate one of the Service’s electronic bill
options, you also agree to the following:
Information provided to the
Payee – The Service is unable to update or change your
personal information such as, but not limited to, name, address,
phone numbers and e-mail addresses, with the electronic Payee.
Any changes will need to be made by contacting the Payee directly.
Additionally it is your responsibility to maintain all usernames
and passwords for all electronic Payee sites. You also agree
not to use someone else’s information to gain unauthorized
access to another person’s bill.
Activation – Upon activation of the electronic bill feature
the Service may notify the Payee of your request to receive electronic
billing information. The presentment of your first electronic
bill may vary from Payee to Payee and may take up to sixty (60)
days, depending on the billing cycle of each Payee. Additionally,
the ability to receive a paper copy of your statement(s) is at
the sole discretion of the Payee. While your electronic bill
feature is being activated it is your responsibility to keep
your accounts current. Each electronic Payee reserves the right
to accept or deny your request to receive electronic bills.
Notification – The Service
will use its best efforts to present all of your electronic bills
promptly. In addition to notification within the Service, the
Service may send an e-mail notification to the e-mail address
listed for your account. It is your sole responsibility to ensure
that this information is accurate. In the event you do not receive
notification, it is your responsibility to periodically logon
to the Service and check on the delivery of new electronic bills.
The time for notification may vary from Payee to Payee. You are
responsible for ensuring timely payment of all bills.
Cancellation of electronic bill
notification – The electronic Payee reserves the right
to cancel the presentment of electronic bills at any time. You
may cancel electronic bill presentment at any time. The timeframe
for cancellation of your electronic bill presentment may vary
from Payee to Payee. It may take up to sixty (60) days, depending
on the billing cycle of each Payee. The Service will notify your
electronic Payee(s) as to the change in status of your account
and it is your sole responsibility to make arrangements for an
alternative form of bill delivery. The Service will not be responsible
for presenting any electronic bills that are already in process
at the time of cancellation.
Non-Delivery of electronic bill(s) – You
agree to hold the Service harmless should the Payee fail to deliver
your statement(s). You are responsible for ensuring timely payment
of all bills. Copies of previously delivered bills must be requested
from the Payee directly.
Accuracy and dispute of electronic
bill – The Service is not responsible for the accuracy
of your electronic bill(s). The Service is only responsible for
presenting the information we receive from the Payee. Any discrepancies
or disputes regarding the accuracy of your electronic bill summary
or detail must be addressed with the Payee directly.
This Agreement does not alter
your liability or obligations that currently exist between you
and your Payees.
EXCLUSIONS OF WARRANTIES
THE 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 MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLOSURE OF ACCOUNT
INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as
confidential. However, we will disclose information to third
parties about your account or the transactions you make ONLY
in the following situations:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional
services;
- In order to verify the existence and condition
of your account to a third party, such as a credit bureau
or Payee;
- To a consumer reporting agency for research
purposes only;
- In order to comply with a governmental agency
or court orders; or,
- If you give us your written permission.
SERVICE FEES AND ADDITIONAL
CHARGES
Any applicable fees will be charged regardless of whether the
Service was used during the billing cycle. There may be a charge
for additional transactions and other optional services. You
agree to pay such charges and authorize the Service to deduct
the calculated amount from your designated Billing Account for
these amounts and any additional charges that may be incurred
by you. Any financial fees associated with your standard deposit
accounts will continue to apply. You are responsible for any
and all telephone access fees and/or Internet service fees that
may be assessed by your telephone and/or Internet service provider.
FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make
payments for you from your Payment Account. If we are unable
to complete the transaction for any reason associated with
your Payment Account (for example, there are insufficient funds
in your Payment Account to cover the transaction), the transaction
will not be completed. In some instances, you will receive
a return notice from the Service. In such case, you agree that:
1. You will reimburse the Service immediately upon demand the
transaction amount that has been returned to the Service; 2.
For any amount not reimbursed to the Service within fifteen
(15) days of the initial notification, a late charge equal
to 1.5% monthly interest or the legal maximum, whichever rate
is lower, for any unpaid amounts may be imposed; 3. You will
reimburse the Service for any fees imposed by your financial
institution as a result of the return; 4. You will reimburse
the Service for any fees it incurs in attempting to collect
the amount of the return from you; and, 5. The Service is authorized
to report the facts concerning the return to any credit-reporting
agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered
or amended by the Service from time to time. In such event,
the Service shall provide notice to you. Any use of the Service
after the Service provides you a notice of change will constitute
your agreement to such change(s). Further, the Service may,
from time to time, revise or update the applications, services,
and/or related material, which may render all such prior versions
obsolete. Consequently, the Service reserves the right to terminate
this Agreement as to all such prior versions of the applications,
services, and/or related material and limit access to only
the Service's more recent revisions and updates. In addition,
as a part of the Service, you agree to receive all legally
required notifications via electronic means.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information
in your user profile is current and accurate. This includes,
but is not limited to, name, address, phone numbers and email
addresses. Changes can be made by contacting your financial
institution. Any changes in your Payment Account should also
be made in accordance with the procedures outlined within the
application’s Help files. All changes made are effective
immediately for scheduled and future payments paid from the
updated Payment Account information. The Service is not responsible
for any payment processing errors or fees incurred if you do
not provide accurate Payment Account or contact information.
SERVICE TERMINATION,
CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the
ability to do so through the product, or you may contact customer
service via one of the following:
- Telephone us during customer service hours;
and/or
- Write us at your financial institution's
address.
The Service will complete any
payment(s) the Service has already processed before the requested
cancellation date. All Scheduled Payments including recurring
payments will not be processed once the Service is cancelled.
The Service may terminate or suspend Service to you at any time.
Neither termination nor suspension shall affect your liability
or obligations under this Agreement.
PAYEE LIMITATION
The Service reserves the right to refuse to pay any Payee to
whom you may direct a payment. The Service will notify you
promptly if it decides to refuse to pay a Payee designated
by you. This notification is not required if you attempt to
make a prohibited payment or an exception payment under this
Agreement.
RETURNED PAYMENTS
In using the Service, you understand that Payees and/or the United
States Postal Service may return payments to the Service for
various reasons such as, but not limited to, Payee’s
forwarding address expired; Payee account number is not valid;
Payee is unable to locate account; or Payee account is paid
in full. The Service will use its best efforts to research
and correct the returned payment and return it to your Payee,
or void the payment and credit your Payment Account. You may
receive notification from the Service.
DISPUTES
In the event of a dispute regarding the Service, you and the
Service agree to resolve the dispute by looking to this Agreement.
You agree that this Agreement is the complete and exclusive
statement of the agreement between you and the Service which
supersedes any proposal or prior agreement, oral or written,
and any other communications between you and the Service relating
to the subject matter of this Agreement. If there is a conflict
between what an employee of the Service or Customer Service
Department says and the terms of this Agreement, the terms
of this Agreement will prevail.
ASSIGNMENT
You may not assign this Agreement to any other party. The Service
may assign this Agreement to any future, directly or indirectly,
affiliated company. The Service may also assign or delegate
certain of its rights and responsibilities under this Agreement
to independent contractors or other third parties.
NO WAIVER
The Service shall not be deemed to have waived any of its rights
or remedies hereunder unless such waiver is in writing and
signed by the Service. No delay or omission on the part of
the Service 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.
CAPTIONS
The captions of sections hereof are for convenience only and
shall not control or affect the meaning or construction of
any of the provisions of this Agreement.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the laws of the State of Georgia, 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.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED
OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION,
USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
V. Changes to Fees, Charges and Other Terms
We reserve the right to change the fees, charges or other terms
outlined in the agreement. We will notify you 30 days prior to
implementation of changes, either by written notice or e-mail,
and will also update this agreement, if the changes to this agreement
are more restrictive than those stated in the agreement, or increase
your responsibility for unauthorized transactions. In the event
that a change is necessary to ensure the security of the online
system, an immediate change may be necessary, and we will notify
you within 30 days after the change is made by electronic or
written notice. You may choose to accept or decline changes by
continuing or discontinuing the services to which the changes
relate. We reserve the option to waive, reduce or reverse charges
or fees in individual situations. Changes to fees applicable
to specific accounts are governed by the applicable Account Disclosure.
VI. Additional Electronic Fund Transfer Disclosures and Agreement
Terms
Unauthorized Transactions
Tell us AT ONCE if you believe your online password has been
lost or stolen or if you believe your password may be used
without your permission. Telephoning is the best way of keeping
your possible losses down. You could lose all the money in
your account (plus your maximum overdraft line of credit).
Also, if your statement shows
transfers that you did not make, tell us at once.
The following three
paragraphs apply only to Accounts that are "Consumer Accounts" (as
defined in the Introduction to this Agreement):
If you tell us within two Business
Days (see above for our Business Days), you can lose no more
than $50 if someone used your online password without your permission.
If you do NOT tell us within two Business Days after you learn
of the loss or theft or unauthorized use of your password, and
we can prove that we could have stopped someone from using your
password without your permission if you had told us, you could
lose as much as $500.
If your statement shows transfers
that you did not make, tell us at once. If you do not tell us
within sixty (60) days after your statement was mailed 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
confirmed extended trip or hospital stay, kept you from telling
us, we will extend the time periods.
Contact in event of
Unauthorized Transfers
If you believe your online password has been lost or stolen or
that someone has transferred or may transfer money from your
account without your permission, call City National Bank Online
Banking Department at (Your Phone Number) or write to us at City
National Bank Online Banking Department, Your Address. You also
may notify us by sending us a fax at to: (Fax Number), Attention:
City National Bank Online Banking Department.
In case of errors or questions
about your electronic transfers, telephone us, email us, or write
to us at the telephone number, email address or office address
provided in the paragraph above. Contact us as soon as you can
if you think your statement or receipt is wrong or if you need
more information about a transfer listed on your statement or
receipt. We must hear from you no later than 60 days after we
mailed you the FIRST statement on which the problem or error
appeared. When you contact us about your problem (including by
telephone, email or fax), please
- Include your name and account number(s).
- Describe the error or transaction in
question, and explain why you believe it to be an error.
- Tell us the dollar amount of the suspected
error.
- If the problem involves a bill payment,
tell us the checking account number used for payment,
the payee's name, date for which the payment was scheduled,
payment amount, and any applicable payee account number
or reference number.
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If you tell us orally, we may require that you send us your complaint
or question in writing within 10 Business Days.
The following three
paragraphs apply if your complaint or error is with regard
to a Consumer Account:
We will determine whether an
error occurred within 10 Business Days after we hear from you
and correct any error promptly. If we need more time, however,
we may take up to 45 calendar days to investigate your complaint
or question. If we decide to do this, we will provisionally credit
your account within 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 10 Business Days, we may not provisionally
credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated
transactions, we may take up to 90 days to investigate your complaint
or question. For new accounts (an account that has been opened
for 30 days or less), we may take up to 20 Business Days to provisionally
credit your account for the amount you think is in error.
We will tell you the results of our investigation within three
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.
Our Liability for Failure
to Make Transfers or Paying Late
If we do not complete a transfer to or from your bank account
on time or in the correct amount according to our agreement with
you, and if the transfer was to or from a Consumer Account, we
will be liable for your losses or damages. However, there are
some exceptions. We will not be liable:
- If, through no fault of ours, you
do not have enough money in your account to make a
transfer or bill payment.
- If a legal order directs us to prohibit
withdrawals from the account
- If your account is closed or if it has
been frozen
- If a hold has been placed on your account
for uncollected funds
- If the transfer or payment would cause
the account to become overdrawn beyond the balance of
the account plus any overdraft protection
- If you, or anyone you allow, commits
fraud or violates any law or regulation
- If any electronic terminal, telecommunication
device or any part of the electronic fund transfer system
is not working properly
- If you have not provided us with complete
and correct payment information, including without limitation
the name, address, account number and payment amount
of the payee on a bill payment
- If you have not properly followed the
instructions for using City National Bank online banking
Bill Payment Service
- If circumstances beyond our control
(such as fire, flood, hurricane, improper transmission
or handling of payments by a third party) prevent the
transfer or bill payment, despite reasonable precautions
taken by us
- There may be other exceptions stated
in our agreement with you
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Confidentiality -- Disclosure
of Account Information
You authorize City National Bank to disclose to third parties,
agents, and affiliates, such as independent auditors, consultants
or attorneys, information you have provided that we have obtained
about your accounts and the transfers you make:
- To comply with government agency requests
or court orders.
- To verify the existence and condition
of your account to a third party, such as a credit bureau
or merchant.
- To provide services relating to your
account or to offer other products and services.
- To other entities if you give us permission.
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Please refer to our Privacy Disclosure
that we provided to you for a complete description of our policies
and practices relating to the disclosure of your information
to third parties. Our Privacy Disclosure also is available at
(web address here) or by calling us at (phone number here).
Preauthorized Credits/Deposits
If you have arranged to have direct deposits made to your account
at least once every 60 days from the same person or company
the person or company making the deposit will tell you every
time they send us the money OR you can call us at (phone number
here) to find out whether or not the deposit has been made.
Periodic Statements
You will get a monthly account statement unless there are no
transfers in a particular month. In any case, you will get
the statement at least quarterly.
Fees and Charges:
Service Fee
Service |
Fee |
Online Banking
- Account and balance inquiries
- Funds Transfers/Loan Payments
- Export online transactions |
No charge for this service |
Online Bill Payment
- Personal Accounts
|
No charge for this service |
Stop Payment Orders |
$30.00 |
You agree to be responsible for
any local or long distance telephone charges or Internet Service
Provider (ISP) charges that you incur by accessing your accounts
via City National Bank Online Banking Service.
VII. LIMITATIONS ON BANK LIABILITY
We will not be responsible for the following incidents, errors
or failures:
Access
We will not be responsible for failure to provide access or for
interruptions in access to City National Bank online banking
or online Bill Payment Service due to a system failure or due
to other unforeseen acts or circumstances.
Your Computer Equipment
or Software
We will not be responsible for any errors or failures from any
malfunction of your computer or any computer virus or other problems
related to your computer equipment used with City National Bank
Online Banking Service.
We are not responsible for any error, damages or other losses
you may suffer due to the malfunction or misapplication of any
system you use, including your browser (Microsoft Explorer®,
Netscape Navigator®, or otherwise), your Internet Service
Provider (ISP), your personal financial management or other software,
(such as Quicken®, or Microsoft Money®), or any equipment
you may use (including your telecommunications facilities, computer
hardware and modem) to access or communicate with City National
Bank Online Banking Service.
Online Bill Payment
We are not responsible for postal delays or processing delays
by the payee for any bill payment made through our Bill Payment
services.
VIII. Other Provisions
Electronic Notice
With your consent, we may send notices to you by electronic mail
(e-mail). You may use e-mail to contact us about inquiries,
maintenance, and/or some problem resolution issues. E-mail
may not be a secure method of communication. We therefore recommend
that you do not send confidential personal or financial information
by e-mail. There may be times when you need to speak with someone
immediately, especially to report a lost or stolen PIN, or
to stop a payment. In these cases, do not use e-mail. Instead,
call us at 800-966-8262, during regular business hours, Monday
- Friday 9:00 a.m. - 5:00 p.m., excluding Bank Holidays.
Warranty and Software
Limitations
NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIER
NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESSED OR
IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR
OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED
BY LAW.
Ownership of Website
The content, information and offerings on our Website are owned
by City National Bank, and the unauthorized use, reproduction,
linking or distribution of any portions is strictly prohibited.
Geographic Restrictions
City National Bank Online Banking services described in this
Agreement and available on our Website are solely offered to
citizens and residents of the United States of America currently
residing in the United States. Citizens and residents outside
the United States may not be able to access City National Bank
Online Banking or Bill Pay Service.
Scope of Agreement
This Agreement represents our complete agreement with you relating
to our provision of City National Bank Online Banking services.
No other statement, oral or written, including language contained
in our Website, unless otherwise noted, is part of this agreement.
Assignments
The Bank may assign certain of its rights and responsibilities
under this Agreement to independent contractors or other third
parties.
I
AGREE | I
DECLINE
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