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This Agreement is a contract that establishes the rules which cover your electronic access to your accounts at Citizens Bank & Trust (Citizens Bank & Trust) through C-Net (C-NET online Citizens Bank & Trust). By using C-NET online Citizens Bank & Trust, you accept all the terms and conditions of this agreement. Please read it carefully. You should retain a copy of this agreement/disclosure either by printing a copy or by saving it to another file in your computer. We will mail you a printed copy of this agreement/disclosure if you wish. You can reach us at:
Our Business Days are:
The terms and conditions of the deposit agreements and disclosures for each of your accounts with Citizens Bank & Trust (Citizens Bank & Trust) accounts as well as your other agreements with Citizens Bank & Trust such as loans, continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Kansas. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. Any waiver (express or implied) by either party of any provision of this Agreement will not constitute a waiver of any or all of the other provisions of the agreement. You may not assign the Agreement . This Agreement is binding upon your heirs and Citizens Bank & Trust's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Application, constitutes the entire agreement between you and Citizens Bank & Trust with respect to the subject matter of the agreement and there are no understandings or agreements relative to which are not fully expressed herein. Definitions - As used in this Agreement, the words "we," "our," "us," and "Citizens Bank & Trust" mean Citizens Bank & Trust. "You," and "your" refer to the account holder(s) authorized by Citizens Bank & Trust to use C-NET online banking as listed in your C-Net application form. "Account" or "accounts" means your accounts at Citizens Bank & Trust. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Citizens Bank & Trust accounts using C-Net. "C-Net services" means the services provided pursuant to this Agreement. "Business Day" means Monday through Friday, excluding Federal holidays. Access - To use C-Net, you must have at least one checking account at Citizens Bank & Trust, access to Internet service, and an e-mail address. Once we have received your signed C-Net application form and verified your account information, you will receive a user identification and a temporary password. C-Net can be used to access only the Citizens Bank & Trust accounts which you have designated for access by C-Net in your Application form. You can add or delete any of your Citizens Bank & Trust accounts from this agreement by completing a new application form. We undertake no obligation to monitor transactions through C-Net to determine that they are made on behalf of the account holder(s). C-Net Services - You can use C-Net to check the balance of your Citizens Bank & Trust accounts, view account histories, transfer funds between your accounts and make Home Equity Line of Credit advances. Balance and activity information are available as of the close of business of the previous business day. Hours of Access - You can use C-Net seven days a week, twenty-four hours a day, although some or all C-Net services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the C-Net web site. Your Password - For security purposes, you are required to change your password upon your initial login to C-net. You determine what password you will use and the identity of your password is not communicated to us. The chosen password must be a series of four numbers, no alphabet letter will be accepted. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to C-Net will be revoked for a 24-hour period. After the 24-hour period if you are still unsuccessful for three attempts at using your password, you will need to re-establish your access to C-Net. To re-establish your authorization to use C-Net, you must contact us to have your password reset or to obtain a new temporary password. We recommend that you create a password that is not associated with any commonly known personal identification, such as social security numbers, address, date of birth. The password should be memorized rather than written down. Security - You understand the importance of your role in preventing misuse of your accounts through C-Net and you agree to promptly examine your paper statement for each of your Citizens Bank & Trust accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your pass word and login ID are intended to provide security against unauthorized entry and access to your accounts. Data Transferred via C-Net is encrypted in an effort to provide transmission security and C-Net utilizes identification technology to verify that the sender and receiver of C-Net transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that C-Net is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail occurs openly on the Internet and potentially can be monitored or read by others. Fees and Charges - Citizens Bank & Trust makes no direct charges for your use of C-Net. However, there may be charges to your checking or savings account if a transaction would count as a chargeable item under the account agreement/service charge plan for that account. Please refer to the service charge schedule for your account(s). You agree to pay any additional reasonable charges for services you request which are not covered by this agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of C-Net. Posting of Transfers - Transfers will be posted to the account on the business day that you specify when you are using C-Net. Transfers initiated after 7:00 PM Central Time ZoneTransactions are not posted on weekends or Federal holidays. C-Net identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in the Transfer menu options of C-Net will not reflect transfers made by multiple users from the same account if different login IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts. Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all transactions you have requested for a given business day, then:
Limits on Amounts and Frequency of C-Net Transactions - The number of transfers from your accounts and the amounts which may be transferred are limited to the terms of the account agreement for that account. For instance, a Money Market account is allowed no more than six transfers of any kind during a statement period. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. Stop-Payment Requests - You must contact us to initiate a stop-payment. You may e-mail, phone, write us at the addresses listed above, or visit any of the locations listed at the end of this agreement. If you have made arrangements with any person or company to regularly withdraw payments from your account electronically, you can stop any of the payments. Contact us at the addresses or phone numbers listed above. We must receive your request at lease three business days before the payment is scheduled to be made. If these regular payments may vary in amount the person or company you are paying must tell you 10 days before each payment when it will be made and how much it will be, unless you have agreed with the payee that you will receive notice only if the amount varies within a specified range. If you order us to stop one of these pre-authorized electronic payments 3 business days or more before it is scheduled, and we fail to do so, we will be liable for your losses or damages. If you call or e-mail, we will also require you to put your request in writing and get it to us within 14 days after you call. Disclosure of Account Information - You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to C-Net. You agree and hereby authorize all of these transfers of information. Right to Documentation - You will not receive a separate C-Net statement. Transfers to and from your accounts using C-Net will appear on the respective periodic paper statements for your Colombian Bank accounts. You will receive a monthly account statement from us for your checking and money market deposit accounts. You will get a monthly account statement from us for your savings account any month in which there are electronic transfers, otherwise every quarter. You can obtain a copy of authorizations by contacting us at the phone numbers and addresses listed above. Change in Terms - We may change any term of this agreement at any time,. If the change would result in increased fees, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. Your continued use of any or all of the C-Net services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse changes or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the individual deposit agreements and disclosures. In Case of Errors or Questions about Your Electronic Transfers - Contact us as soon as you can, if you think your paper statement is wrong, or if you need more information about a transfer listed on your paper statement. We must hear from you no later than 60 days after we sent the FIRST paper statement upon which the problem or error appeared. When you contact us:
If you contact us we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days. We will communicate to you the results of our investigation within 10 business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 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 in the form of a paper writing within 10 business days, we may not provisionally credit your account. If we decide there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account. Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so , we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable for instance:
Your Liability for Unauthorized Transfers - Contact us at once if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts. You can lose no more than $50 if you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password. If you do not contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, to access your accounts without your permission, and we can prove we could have stopped someone from accessing your account(s), you can lose as much as $300. If your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had informed us. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods. Disclaimer of Warranty and Limitations of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with C-Net services provided to you under this Agreement. We do not and cannot warrant that C-Net will operate without errors, or that any or all C-Net services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special, or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to C-Net, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Citizens Bank & Trust and its affiliates exceed the amounts paid by you for the services provided to you through C-Net. Your Right to Terminate - You may cancel your C-Net service at any time by providing us with written notice by postal mail or fax. Your access to C-Net will be suspended no more than 15 business days after our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. Our Right to Terminate - You agree that we may immediately terminate or limit your access to C-Net services without prior notice if you have insufficient funds in any one of your Citizens Bank & Trust accounts, or upon reasonable notice for any other reason in our sole discretion. C-Net service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debts. Communications Between Citizens Bank & Trust and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: E-mail - You can contact us by e-mail at customerservice@columbianbank.com Facsimile - You can contact us by fax at 785-233-2913 Postal Mail - You Can write us at: Citizens Bank & Trust, 701 Kansas Avenue,Topeka, KS 66603 In Person - You may visit us in person at any one of our locations:
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