PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.
This Agreement between you and CB&S Bank, 200 Jackson Avenue South, Russellville, Alabama 35653 governs your use of our Basic Internet Banking, Treasury Management Internet Banking, Mobile Banking, Mobile Deposit, and Bill Payment services (singly and collectively the “Service”). The Service permits our customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer, cellular phone or other mobile device, and the Internet.
After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to accept the terms and conditions of this Agreement as may be in effect from time to time. When you accept these terms and condition, you represent and warrant that you are an Authorized User acting with full authority, and that you are duly authorized to execute this Agreement.
You should keep an electronic or hard copy of this Agreement for your records. To print, select the print button above. To save a copy of this Agreement on your computer, select “File” and then “Save As” on your browser.
If you need help printing or saving this document, or if you have any questions about this Agreement, please contact our Customer Service at 877-332-1710. You can obtain a paper copy of this Agreement at any time. Updates to this Agreement will be sent electronically as further described in this Agreement.
WHEN YOU CLICK ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCEPTING, YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE “DO NOT ACCEPT” BUTTON.
“Agreement” means these terms and conditions of the Basic Internet Banking, Treasury Management Internet Banking, Mobile Banking, Mobile Deposit, and Bill Payment Services.
“Authorized User” is any individual or agent whom you allow to use the Service or your Passcode or other means to access your Eligible Account(s).
“Bill Payment Service Provider” refers to the contractor, sub-contractor, or provider of our Bill Payment and Deliver services, CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc.
“Billing Account” is the checking account from which all Service fees will be automatically debited.
“Business Customer” refers to anyone other than a Consumer who owns an Eligible Account with respect to which the Service is requested primarily for business purposes.
“Business Day” is every Monday through Friday, excluding Federal Reserve holidays.
“Business Day Cutoff” refers to the cutoff time for posting purposes. The cutoff time for online transactions is based upon our Business Days and the Central Standard Time Zone. For posting purposes, we will process all transactions completed by 4:00 pm Central Standard Time on the same Business Day. Transactions completed after 4:00 pm Central Standard Time will be processed on the following Business Day. Bill Payment cutoff and scheduling times may differ and are further detailed in the Terms and Conditions of the Bill Payment Service. Additionally, Mobile Deposit cutoff times may differ. Please refer to Section 15 in these Terms and Conditions.
“Consumer” refers to a natural person who owns an Eligible Account at CB&S Bank and who uses the Service primarily for personal, family or household purposes.
“Eligible Account(s)” refer to any one of your account(s) with CB&S Bank that is associated with your social security number or tax identification number. Only a checking or NOW Account may be eligible for Bill Payment Services. Only a checking, NOW or savings account may be eligible for Mobile Deposit Services. You may request Internet access to any account that you are a signer or owner. If you or your Authorized Users desire features of the Service that allow you to initiate Bill Payments, transfers, ACH transactions, or otherwise remove funds from an account, you must have the required withdrawal authority over the relevant Eligible Account. When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.
“External Transfer Service” is a feature of Basic Internet Banking which permits you to transfer funds from an Eligible Account to an account at another financial institution.
“Internet Banking” means the Service we provide under this Agreement whereby you may use your PC (and/or Wireless Device in the context of the Mobile Banking Service) to execute certain transactions and inquiries as described in this Agreement.
“Joint Account(s)” refers to accounts that are jointly held or have multiple signers. If the Eligible Accounts added to the Service are Joint Accounts, you agree that access to the information and all transactions initiated by the use of your Access ID and Passcode are authorized unless we have been notified to cancel the Service. If joint account holders use individual Access IDs, the Service may be identified separately and you may be charged for the use of additional Access IDs. In some cases, if your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the Service.
“Mobile Device” means a supported mobile phone or tablet. Mobile Deposit services require Mobile Devices to have a supported camera, operating system, and data plan as well as a downloaded App.
“Service” means the Basic Internet Banking, Treasury Management Internet Banking, Mobile Banking, Mobile Deposit, and Bill Payment services offered by CB&S Bank through its Service Providers.
“Service Provider” includes any agent, licensor, independent contractor or subcontractor that CB&S Bank may involve in the provision of Basic Internet Banking, Treasury Management Internet Banking, Mobile Banking, Mobile Deposit, and Bill Payment.
“You” and “Your” refer to the person enrolling in the Service, owner of the Eligible Accounts, as well as any Authorized User that such person allows, subject to the parameters of multiple user access as set forth within the Service.
“We”, “Us”, and “Our” refer to CB&S Bank and any agent, independent contractor, service provider, sub-contractor, licensor, designee, or assignee that CB&S Bank may involve in the provision of the Service.
The Basic Internet Banking features currently available through the Service include:
Mobile Deposit services are optional and subject to bank approval. In order to be eligible to use the service, your account(s) must meet qualification criteria set by the bank. This service allows consumer customers to make deposits to an Eligible Account from a mobile device and delivers the images and associated deposit information to CB&S Bank or a third-party processor designated by CB&S Bank.
Bill Payment services are optional. You can request Bill Payment privileges in the online enrollment process or you can add Bill Payment services online at a later time. Bill Payment customers also have access to electronic Bill Presentment or Bill Delivery, and Popmoney, a person-to-person payment system.
Chat Online is a service that is available to customers as a secure way to communicate with our Customer Service. Customer Service Representatives will follow normal bank procedures to verify customer identity when communicating with customers through the Chat feature.
We may add or remove certain features and/or functionality available from time to time. You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.
Additional Internet features are currently available for Treasury Management Business Customers only and not available to Consumers. These features are subject to additional terms and conditions as set forth in separate documentation.
We may add or remove certain features and/or functionality from time to time. Treasury Management Business Customers interested in these services should contact Customer Service at 877-332-1710 for additional information. Additional fees may apply.
The following fees are subject to change at any time.
Basic Internet Banking Service: No charge
Treasury Management Internet Banking Service: No charge
Mobile Banking: CB&S Bank does not currently charge for this service. Charges and fees may apply from your cellular service provider. Contact your cellular service provider for information regarding charges and fees you may incur.
Mobile Deposit: CB&S Bank does not currently charge for this service. Charges and fees may apply from your cellular service provider. Contact your cellular service provider for information regarding charges and fees you may incur.
Bill Payment: Bill Payment is free for Consumers. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us 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. Bill Payment also requires the agreement to the Terms and Conditions of the Bill Payment Service.
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.
In order to enroll in the Service:
Prior to enrolling in the Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement.
If we revise hardware and software requirements, and if there is a material chance that the changes may impact your ability to access the Service, we will give you advance notice of these changes, if possible, and provide you an opportunity to cancel the Service and/or change your method of receiving electronic disclosures without the imposition of any fees.
In order to utilize the Mobile Banking services you must have a cellular phone or mobile device equipped with an Internet browser that will support Secure Socket Layer encryption technology.
You must complete the enrollment process to use the Service. The Internet enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your Access ID and Passcode during the enrollment process.
When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Internet Banking System will verify the information you submit for accuracy and proper authorizations. If the information you have provided is accurate, you will have immediate access to the Basic Internet Banking Service. If the information is not accurate, or you have additional questions about the enrollment process online, you may contact our Customer Service at 877-332-1710. Business Customers interested in the commercial features of the Service should contact us directly.
When you first enroll for Basic Internet Banking Service we will link all of your designated Eligible Accounts to one Access ID. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at 877-332-1710. With the exception of sole proprietors, Business Customers may not link personal Consumer accounts to the Service.
When any transfer, ACH or other Payment Instruction is initiated through the Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you. Requirements for dual signatures on checks, if applicable, do NOT apply to Bill Payments or any other transfer initiated through the Service. Any Authorized User must be authorized individually to make electronic transfers and online Bill Payments even though that person’s authority to make transfers by other means may still require dual signatures. We are entitled to assume that any Authorized User authorized to act individually.
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges.
You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us through the Service; however, you can edit or change a transfer that is still in pending status. For Business Customers, the term “transfers” also includes ACH and wire transactions.
In order to cancel or change a pending transfer that has not been submitted to us for processing, use the following procedures:
For Business Customers, additional guidance on creating, canceling, editing ACH and wire transactions is available within the Service and from our Customer Service. Business Customers may edit or delete unapproved ACH or wire transfers prior to the effective date. After cutoff time or after transfers are approved by CB&S Bank, if changes are necessary, we may not have sufficient time to stop such transactions from further processing. Separate agreements detail the required timeframes for submitting and making changes to these types of transactions.
If you need assistance to make edits to automatic/future dated transfers, you can send us a secure email through the Service; however, we must receive your request three Business Days or more before the transaction is scheduled to process. If you call, we may also require you to put your request in writing to us within 14 days after the call.
All external transfers are subject to the rules and regulations of the other financial institution. You agree not to transfer any funds to or from an external account where that transaction would not be allowed under the rules or regulations applicable to such accounts. You agree to obtain any and all permissions required by the other financial institution prior to transferring funds to or from an external account.
External Transfer Service is an optional feature that you may request by contacting Customer Service. After requesting this feature to be enabled, you will need to enroll an external account before you can transfer funds to or from that account. To enroll an external account, you must enter the ABA Routing and Transit number, account number, and type of account (checking or savings). CB&S Bank reserves the right to reject an enrollment request for any reason, including without limitation potential fraud or misuse, limitations as outlined by the United States Department of Treasury’s Office of Foreign Asset Control (OFAC), or an incomplete enrollment. You agree to enroll only personal accounts, as business, corporate, or organization accounts are not allowed. Small transactions, called micropayments, will be sent to the external account. You must verify the amounts of these micropayments as evidence that you have access to the external account before transfers may be initiated. It is your responsibility to ensure you enter valid and correct information. External transfers sent to invalid or incorrect account numbers may not be recoverable. If you provide invalid or incorrect information, CB&S Bank will NOT be responsible for returning funds due to an unrecoverable transfer.
When establishing a new external transfer account, CB&S Bank has the right, although is under no obligation, to require verbal or written authorization before allowing transfers to process.
Funding for transfers to another financial institution through the External Transfer Service must be available two Business Days prior to the effective date for the transfer to be processed. You may not make external transfers in excess of the collected funds in your account. If your account has insufficient funds to cover an external transfer, CB&S Bank may, at its sole discretion:
Fees may apply to any of the above remedies. Please refer to your Deposit Agreement, the Overdraft Privilege Disclosure and the current fee schedule for additional terms and conditions.
Processing External Transfers
Outbound transfers from this service will be considered as a three (3) Business Day transfer. Requests for external transfers will be processed on the current Business Day if initiated by the cutoff time of 4:00 pm Central Standard Time. If you initiate a transfer that is not on a Business Day or is on an established holiday, CB&S Bank will not process your request until the next Business Day.
Delays or Cancelations
CB&S Bank may reject any request for transfer at any time for any reason, at its discretion. For example, CB&S Bank may reject your request if the request exceeds your daily or monthly transfer limit, if your Eligible Account exceeds its available funds, if your request is incomplete, if CB&S Bank identifies a security risk related to you or the requested transfer, or if we are unable to fulfill the request for any other reason.
You may cancel or amend an external transfer request only if we receive your request prior to the approval of the external transfer and at a time that provides us with a reasonable opportunity to act upon the request. CB&S Bank will not be liable to you for any loss resulting from the failure of the beneficiary bank to agree to the recall or amendment of your external transfer request.
You agree CB&S Bank will not be responsible for any delay, failure to execute, or misexecution of your external transfer request due to circumstances beyond our control; including without limitation, any inaccuracy, interruption, delay in transmission, or failure in the means of transmission of your request to the bank or execution of such request, whether caused by power failures, equipment malfunctions, or acts or omissions of any intermediary bank or beneficiary bank. CB&S Bank makes no warranties, express or implied, including the failure of any intermediary bank or beneficiary bank to credit your beneficiary bank with the amount of the external transfer after receipt of same with respect to any matter.
Suspension or Reinstatement of External Transfer Service
In the event we, at any time, incur a problem with your use of the Service, including without limitation, a failure on the External Transfer Service to debit any of your accounts or to collect with respect to any of your transfers as described above, and without limiting any other right or remedy we may have under this agreement or otherwise, we reserve the right to suspend your use of the service, immediately and without prior notice to you. You understand and agree such action is reasonable for CB&S Bank to take in order to protect itself from loss. In the event of such suspension, you may request reinstatement of your service by contacting us. CB&S Bank reserves the right in its sole discretion to grant or deny reinstatement of your use of the service. In the event we agree to reinstate you, we reserve the right to lower per transaction, daily and/or monthly dollar limits and/or other restrictions that otherwise might be available to you. Based upon your subsequent usage of the Service, CB&S Bank it is sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect.
The standard limits for transfers to or from another financial institution through the External Transfer Service are usually limited to a total of $1,000.00 per Business Day and $5,000 per month. CB&S Bank reserves the right to lower per transaction, daily, and/or monthly limits immediately and without prior notice to you if we incur a problem with your use of the service. To request a limit other than the standard limit, contact CB&S Bank. CB&S Bank will, in its sole discretion, determine if an increased limit may be granted.
You may terminate your External Transfer Service at any time by contacting CB&S Bank. Once the service has terminated for any reason, you will have no further right or access to use the External Transfer Service.
You also agree CB&S Bank may terminate your access to the External Transfer Service, without prior notice, upon the occurrence of any of, but not limited to, the following events or any other event that creates an unanticipated liability for this financial institution:
Further, we may modify or discontinue the Service, with or without notice, without liability to you at any time. We reserve the right, subject to applicable law and regulation, to terminate your right to use the External Transfer Service at any time, for any reason, including, without limitation, in our sole judgment, if we believe you have engaged in conduct or activities that violate any of the terms of this agreement or, if you provide us with false or misleading information or interfere with other users or in the administration of the service.
To use Mobile Deposit, you must have a supported Mobile Device. A list of Mobile Devices (including the mobile device cameras, and mobile device operating systems) that we support and instructions for downloading the App for such mobile devices are available by contacting Customer Service. We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system or mobile carrier will be compatible with Mobile Deposit.
When using Mobile Deposit, you may experience technical or other difficulties. We do not assume responsibility for any such difficulties or any resulting damages that you may incur. For security reasons, Mobile Deposit has qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue Mobile Deposit, in whole or in part, or your use of Mobile Deposit, in whole or in part, immediately and at any time without prior notice to you. We reserve the right to limit the number of Mobile Devices through which you may access Mobile Deposit.
Except as expressly provided in this Agreement, deposits made though Mobile Deposit are subject to all limitations and terms set forth in the relevant deposit agreement governing your Eligible Account as it may be modified from time to time, including, but not limited to, those related to deposit acceptance, crediting, collection, endorsement, processing order and errors.
Eligible Checks and Items
You agree to scan and transmit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permissible under this Agreement or such other items as we, in our sole discretion, elect to include under Mobile Deposit.
You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the applicable Uniform Commercial Code. You agree that you will not use Mobile Deposit to scan and deposit any checks or other items as shown below:
Nothing in this Agreement should be construed as requiring us to accept any check or item for deposit, even if we have accepted that type of check or item previously. Nor shall we be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements of this Agreement.
Security of Your Mobile Device and Account
You are responsible for (i) maintaining the confidentiality and security of your Mobile Devices, access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access Mobile Deposit (collectively, "Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with Mobile Deposit (collectively, "Account Information"). You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, email and other data ("Communications") entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Access Information, including your Mobile Devices. We reserve the right to deny you access to Mobile Deposit (or any part thereof) if we believe that any loss, theft or unauthorized use of Access Information has occurred.
The image of a check or item transmitted to CB&S Bank using Mobile Deposit must be legible, as determined in the sole discretion of CB&S Bank. The image quality of the checks and items must comply with the standards established from time to time by the American National Standards Institute (ANSI), The Board of Governors of the Federal Reserve, or any higher standard set by us, and with any requirements set by any clearing house we use or agreement we have with respect to processing checks or items. You agree that we shall not be liable for any damages resulting from a check or item’s poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item. CB&S Bank accepts no liability and makes no guarantee that its image standards will be acceptable to other banks when presented for payment.
Endorsements and Procedures
Before transmission, you agree to restrictively endorse any check or item transmitted through Mobile Deposit as “For deposit only, CB&S account #______” or as otherwise instructed by CB&S Bank. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as we may establish from time to time. You agree to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through Mobile Deposit.
Receipt of Items
We reserve the right to reject any check or item transmitted through Mobile Deposit, at our discretion, without liability to you. We are not responsible for checks or items we do not receive in accordance with this Agreement or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive a confirmation from CB&S Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item.
Availability of Funds
You agree that items transmitted using Mobile Deposit are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Generally, and except as otherwise provided herein, items transmitted using Mobile Deposits will be available subject to the terms specified in the Deposit Agreement. If you make a deposit using Mobile Deposits before 2:00 pm Central Standard Time on a business day that CB&S Bank is open, CB&S Bank will consider that day to be the day of your deposit. However, if you make a deposit using Mobile Deposits after 2:00 pm Central Standard Time or on a day that we are not open, CB&S Bank will consider that deposit to have been made on the next business day that CB&S Bank is open. CB&S Bank may make such funds available sooner based on such factors as creditworthiness, the length and extent of your relationship with CB&S Bank, transaction and experience information, and such other factors as CB&S Bank, in its sole discretion, deems relevant. You acknowledge that all credits given by CB&S Bank for an item are provisional, subject to verification and final settlement. CB&S Bank shall have no liability for the return or refusal of any item. CB&S Bank reserves the right to hold funds longer.
Disposal of Transmitted Checks and Items
Upon your receipt of a confirmation from CB&S Bank that we have received an image that you have transmitted, you agree to retain the check in safekeeping in a secure environment for at least thirty (30) calendar days from the date of the image transmission. After thirty (30) days, you agree to destroy the check that you transmitted as an image, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. Image quality is reviewed by CB&S Bank after submission; however, if the receiving bank does not accept the image, you may be required to present the original check for payment. During the time the retained check is available, you agree to promptly provide it to CB&S Bank upon request. CB&S Bank assumes no liability for losses you may incur if the receiving bank does not accept your image and you are unable or unwilling to present the original check for payment.
CB&S Bank may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, CB&S Bank may reject your deposit. If CB&S Bank permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and CB&S Bank will not be obligated to allow such a deposit at other times. The current daily dollar limit is $1,000.00 per business day per account. There is currently no daily or monthly statement cycle limit on the number of items, as long as the respective dollar limits are not exceeded. Daily and monthly deposit limits may vary for users of other services provided by CB&S Bank or its affiliates.
The manner in which the checks and items are cleared, presented (or represented) for payment, and collected shall be in CB&S Bank’s sole discretion as set forth in the relevant deposit account agreement governing your Account.
Promises You Make to Us; Indemnity
You warrant to CB&S Bank that:
We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service.
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:
Please refer to our privacy notice for additional detail on disclosure of account information.
The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet.
Access IDs and Passcodes - One of the main security features protecting the Service is the unique combination of your Access Identification Code (Access ID) and Passcode. During the enrollment process, you will be asked to select a unique Access ID and Passcode that will be used to gain access to the Service. You determine your own Passcode, which is encrypted in our database. Neither CB&S Bank nor its Service Providers have access to this information. The Service will automatically deactivate your account after multiple unsuccessful login attempts. Contact Customer Service for assistance in resetting your Passcode.
Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data.
NEITHER CB&S BANK NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR ACCESS ID, OR YOUR PASSCODE. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT US IMMEDIATELY.
Encryption - The Service uses the Secure Socket Layer (SSL) encryption technology. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.
Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock from “open” to “locked.” What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority - The servers hosting the Service have been certified by a Certificate Authority to assure you that you are actually talking to the Service instead of someone pretending to be us. If you are using an older browser, you will see that the Certificate Authorities key may have expired; you will need to update your browser. By clicking on the lock within the Service, you can view the certificate to ensure it is valid.
Cookies - During your use of the Service, our Internet Banking Service Provider will pass an encrypted cookie to your computer in order to identify your computer during the session. This cookie enables us to process multiple transactions during the session without having to provide an Access ID and Passcode for each individual transaction. Users must accept this cookie to use the Service. This cookie does not contain any personal information; it simply provides another level of security for our Internet Banking product. The cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. When you log off, close your browser, or turn off your machine, the cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account.
Additional Security Guidelines:
Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit a virus to other computers. Use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem. Periodically update your computer operating system and browser for critical security related patches. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Service.
Treasury Management Internet Banking Customers may be subject to additional security requirements as detailed in separate agreements.
When you accept the terms and conditions of this Agreement, you agree not to give or make available your Passcode or other means to access your account to any unauthorized individuals. You are responsible for all transfers and Bill Payments you authorize using the Service. If you permit other persons to use the Service, your Passcode, your token, your Access ID, or other means to access your account, you are responsible for any transactions they authorize.
If you believe that your Passcode or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling 877-332-1710 during customer service hours. You can also contact us by sending a secure message through the Service.
IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR PASSCODE TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSCODE TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AN EMPLOYEE, AND/OR AN AGGREGATION SERVICE PROVIDER).
In addition to the security features described above, there may be other security related notices posted on our website or the Service from time-to-time. It is your responsibility to read all security notices.
We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account or causes funds from your Payment Account to be directed to a Biller, which does not comply with your Payment Instructions, CB&S Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
Information regarding Basic Internet Banking, Commercial Internet Banking, Mobile Banking, and Bill Payment transactions will be reflected on the account detail in the Basic Service and in your regular monthly account statement(s).
THE DISCLOSURES AND TERMS IN THIS SECTION ARE APPLICABLE TO YOU ONLY TO THE EXTENT THAT YOUR USE OF THE SERVICE AND/OR YOUR APPLICABLE SERVICE ACCOUNTS ARE PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD USE. SUCH DISCLOSURES AND TERMS DO NOT APPLY TO YOU TO THE EXTENT YOUR USE OF THE SERVICE IS FOR NON-CONSUMER PURPOSES.
Certain types of transactions that are handled completely or partially electronically are subject to the Electronic Fund Transfer Act (“EFT Act”). These include certain transactions made through the Service. Your rights, protection, and liabilities as a Consumer are outlined in the following disclosure in accordance with the EFT Act. Please read and become familiar with this disclosure. Be sure to retain the telephone numbers and addresses that you may need in order to limit your liability and to resolve problems that you may have concerning electronic transfers. This disclosure supplements other electronic fund transfer disclosures that you may receive in connection with the Service and other electronic fund transfer services affecting your CB&S Bank accounts.
In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:
If you think your statement is incorrect or you need more information about an electronic transfer or Bill Payment transaction listed on the statement, we must hear from you no later than sixty days after the FIRST statement was sent to you on which the problem or error appears. You must:
If you tell us verbally, we may require that you send your complaint in writing within ten Business Days after your verbal notification. We will tell you the results of our investigation within ten Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten Business Days, we may not provisionally credit your account.
For errors regarding electronic transactions on new Consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error.
If it is determined there was no error, we will mail you a written explanation within three Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
Tell us immediately if you believe your Access ID or Passcode has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable).
If Consumer customers tell us within two Business Days after you discover your Passcode or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission.
If you do not tell us within two Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your Passcode or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
Protecting Your Account
The Service will allow Business Customers to establish individual Access IDs, Passcodes, privileges for each Authorized User. Transaction history is maintained for each Access ID. Additional fees may be assessed for each Access ID.
Business Customer(s) will be solely responsible for designating its Authorized Users, assigning privileges, and disclosing the identity of said Authorized Users to CB&S Bank and all changes thereof in writing. Business Customer represents and warrants that its Authorized Users have the appropriate authority to initiate transfers and bill payments through the Service.
Business Customer authorizes CB&S Bank and its Service Providers to act upon, and you agree to be bound by, any transaction, whether or not authorized, that is initiated with your Access ID and Passcode and/or the Access ID and Passcode of an Authorized User. Furthermore, any instructions, directions, or other information provided by the Business Customer, or any of its Authorized Users, will be deemed to have been authorized by the Business Customer. CB&S Bank and its Service Providers will not be responsible for verifying the identity or authenticity of any person claiming to be an Authorized User of the Business Customer.
Business Customer assumes any and all liability arising from the use or misuse of the service or company accounts by its Authorized Users. Business Customer agrees to indemnify and hold harmless CB&S Bank and its Service Providers for any liability and damages resulting from our acting upon any direction, instruction, or information that is initiated with an Access ID and Passcode of an Authorized User.
You agree that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that CB&S Bank and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to:
We may disable Passcodes of Authorized Users even without receiving such notice from you, if we suspect Passcodes are being used in an unauthorized or fraudulent manner; provided, however, that we shall be under no obligation to disable any such Passcodes or incur any liability for failure to disable any such Passcodes.
Business Customers shall be solely responsible for the development and implementation of all commercially reasonable procedures to control access to their computer systems and to protect any data files stored thereon. Business Customers shall be solely responsible for all appropriate and commercially reasonable, physical, logical, and network security systems and devices to protect the security of data files maintained on computer(s) used to access the service as well as the protection against unauthorized access to business computers, and/or networks used to access the service. Business Customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the service.
CB&S Bank and its Service Providers shall have no obligation, liability or control, either directly or indirectly concerning the Business Customers’ selection of security systems or devices for the protection of any data files or computers used to access the services or over Business Customers development or implementation of security procedures or the failure of Business Customer to maintain said procedures.
Security tokens will be issued to Treasury Managemet Internet Banking Customers for additional security. A security token is a small device that generates a one-time Passcode to use each time you log in to Treasury Management Internet banking. This Passcode is unique to your Access ID and CB&S Account, and it changes every 32 seconds for the protection of the business. Tokens issued must be activated within 30 days for your security. After 30 days you must contact CB&S Bank prior to activating your token. To order replacement tokens contact Customer Service at 877-332-1710. If a security token is lost or stolen contact us at once. Security Tokens are assigned to individual Authorized Users and may not be shared.
If any user is no longer authorized to use the Service, such as when a user is no longer employed at the business, notify us at once. Return the Security Token assigned to that user to CB&S Bank immediately.
Commercially Reasonable Security Procedures of the Service
When you accept this agreement and use the Service, you acknowledge and agree that the Service includes security measures which are commercially reasonable. You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with the Service, including procedures to protect the confidentiality of your Access ID and Passcode and the same for your Authorized Users in addition to safeguarding Security Tokens. You agree to notify us in the event that your use of the service would necessitate or be better served by a level of security that exceeds that offered by the service. If you fail to notify us you acknowledge and agree that the security aspects of the service are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
Business Customer Liability for Unauthorized Transfers
A Business Customer must notify us of errors, discrepancies, or possible unauthorized payments as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty days after you have received notice of an unauthorized or erroneous transfer or Bill Payment, CB&S Bank will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.
CB&S Bank and its Service Providers shall have no liability to you for any unauthorized payment or transfer made using your Passcode that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.
If you fail to notify us of any discrepancy within one year, you shall be precluded from asserting any such discrepancy against us.
Limitation of Institution Liability Regarding Business Customer Transfers
CB&S BANK AND ITS SERVICE PROVIDERS WILL BE DEEMED TO HAVE EXERCISED ALL DUE CARE AND TO HAVE ACTED REASONABLY IF WE ACT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND WILL BE LIABLE FOR LOSS SUSTAINED BY YOU ONLY TO THE EXTENT SUCH LOSS IS CAUSED BY OUR MISCONDUCT. CB&S BANK AND ITS SERVICE PROVIDERS WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE:
IF CB&S BANK AND/OR ITS SERVICE PROVIDERS FAIL OR DELAY IN MAKING A TRANSFER OR BILL PAYMENT PURSUANT TO YOUR INSTRUCTION, OR IF WE MAKE A TRANSFER OR PAYMENT IN AN ERRONEOUS AMOUNT WHICH IS LESS THAN THE AMOUNT PER YOUR INSTRUCTION, UNLESS OTHERWISE REQUIRED BY LAW OUR LIABILITY SHALL BE LIMITED TO INTEREST ON THE AMOUNT WHICH WE FAILED TO TIMELY PAY, CALCULATED FROM THE DATE ON WHICH THE PAYMENT WAS TO BE MADE UNTIL THE DATE IT WAS ACTUALLY MADE OR YOU CANCELED THE INSTRUCTION.
WE MAY PAY SUCH INTEREST EITHER TO YOU OR THE INTENDED RECIPIENT OF THE PAYMENT, BUT IN NO EVENT WILL WE BE LIABLE TO BOTH PARTIES, AND OUR PAYMENT TO EITHER PARTY WILL FULLY DISCHARGE ANY OBLIGATION TO THE OTHER. IF WE MAKE A PAYMENT IN AN ERRONEOUS AMOUNT WHICH EXCEEDS THE AMOUNT PER YOUR PAYMENT INSTRUCTION, OR IF WE PERMIT AN UNAUTHORIZED PAYMENT AFTER WE HAVE HAD A REASONABLE TIME TO ACT ON A NOTICE FROM YOU OF POSSIBLE UNAUTHORIZED USE AS DESCRIBED ABOVE, UNLESS OTHERWISE REQUIRED BY LAW, OUR LIABILITY WILL BE LIMITED TO A REFUND OF THE AMOUNT ERRONEOUSLY PAID, PLUS INTEREST THEREON FROM THE DATE OF THE PAYMENT TO THE DATE OF THE REFUND, BUT IN NO EVENT TO EXCEED SIXTY DAYS INTEREST.
IF WE BECOME LIABLE TO YOU FOR INTEREST COMPENSATION UNDER THIS AGREEMENT OR APPLICABLE LAW, SUCH INTEREST SHALL BE CALCULATED BASED ON THE AVERAGE FEDERAL FUNDS RATE AT THE FEDERAL RESERVE BANK IN THE DISTRICT NEAREST TO CB&S BANK FOR EACH DAY INTEREST IS DUE, COMPUTED ON THE BASIS OF A THREE HUNDRED SIXTY (360) DAY YEAR.
NO THIRD PARTY WILL HAVE RIGHTS OR CLAIMS AGAINST CB&S BANK AND ITS SERVICE PROVIDERS UNDER THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
Business Customer(s) and its Authorized Users will defend, indemnify and hold harmless CB&S Bank and its Service Providers against and in respect to any and all loss, liability, expense and damage. The terms of this section will survive termination of this Agreement.
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s).
Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve 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.
We may deliver amendments to this Agreement and other disclosures to you in an electronic format including, but not limited to, email notifications. Other disclosures may include monthly account statements, deposit account disclosures, notices regarding changes in account terms and fees, notices regarding funds availability, and privacy notices. The equipment necessary for accessing these types of disclosures electronically is described within this Agreement.
WITH YOUR ACCEPTANCE BELOW, YOU AGREE TO ACCEPT THIS AGREEMENT AND OTHER INTERNET BANKING RELATED DISCLOSURES IN AN ELECTRONIC FORMAT. YOU ALSO AGREE AND REPRESENT THAT YOU HAVE THE NECESSARY EQUIPMENT FOR ACCESSING THE SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.
If you want to cancel e-communication or change to a paper delivery format, you must:
You can also “opt-out” of electronic only statements within the Service.
If you withdraw from e-communication, we reserve the right to cancel your Internet Banking Services.
In addition, you can request paper copies of documents through the Service free of charge. Additional fees for paper copies of account statements may be imposed depending on the type of account you have and/or the reason and frequency of your requests for paper copies.
You should print or save a copy of all disclosures delivered electronically.
When you enroll in the Service, we may send you a “Welcome” e-mail. We will also send you e-mails and/or secure messages through the Service regarding important Internet Banking and Bill Payment matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within the Service in the User Services menu or by contacting Customer Service at 877-332-1710.
Any changes to your Eligible Account(s), Payment Account, or Billing Account should also be made in accordance with the procedures outlined above.
We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
In the event you wish to cancel the Service, please contact our Customer Service or send us a secure email through the Service.
Any Bill Payment(s) the Service has already processed before the requested cancelation date will be completed by the Service. Scheduled Bill Payments, including automatic payments, will not be processed once the Service is canceled. You will remain responsible for any fees associated with the Service prior to the effective cancelation date.
We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Internet Banking or Bill Payment activity for a period of six (6) consecutive months, accessibility will terminate.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your Eligible Accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Customer Service.
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", “AS AVAILABLE” 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.
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. NEITHER CB&S BANK NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE.
you agree that neither we nor any of our officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, licensors or service providers will be liable to you or any third party for any harms, injuries or claims, direct, indirect, incidental, special consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other tangible losses, even if we have been advised of the possibility of such damages and regardless of the form of action, whether in contract, warranty, tort (including, without limitation, negligence), strict liability or otherwise, resulting or arising in any way in whole or in part from (a) the use of or the inability to use the service, (b) unauthorized access to or alteration or loss of your transmissions or data, (c) statements or conduct of any other person using or accessing the services, (d) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, (e) the installation, use, or maintenance of any hardware or software (including, without limitation, any financial software) or other equipment and/or (f) any other matter relating to the service or your use THEREOF.
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
CB&S Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission 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.
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.
In the event of a dispute regarding the Service, you 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 us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of CB&S Bank and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by CB&S Bank and/or is Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
You agree to be bound by operating rules and regulations imposed by any networks or clearinghouses in which we participate and/or which process Service transactions. Such rules and regulations constitute a part of this Agreement. This Agreement constitutes the current, sole and entire agreement between you and us with respect to the Services, and any and all prior agreements with respect to the Services are superseded by this Agreement. This Agreement supplements, but does not replace, other agreements, terms and conditions governing your Eligible Accounts and/or any other services used by you in relation to the Eligible Accounts.
This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State of Alabama, without regard to its conflicts of laws provisions; provided, however, that any dispute solely between you and our Bill Payment Service Provider shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.
Proceed with Enrollment for the Service.
By clicking on the "Accept" button below you represent that you are the owner of an Eligible Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service. Clicking on the “Accept” button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format.
If you do not agree, choose “Do Not Accept” below.