Print Disclosure

PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.

  1. Scope of this Agreement

    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.

  2. Accepting the Agreement

    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.

  3. Definitions

    “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.

  4. Basic Internet Banking Services

    The Basic Internet Banking features currently available through the Service include:

  5. Mobile Banking is a service that is available to all Consumer customers who have requested Basic Internet Banking services. The basic features of Mobile Banking include account inquiries for balances, rates, transaction history, and other account details, the capability to transfer funds between accounts within CB&S Bank, Mobile Deposit, and Bill Payment services.  You may also be required to accept or acknowledge other terms, provisions, or conditions in order to use certain features or functionality of the Mobile Banking Service.  Such terms, provisions, and conditions constitute a part of the Mobile Banking Service Terms and the Agreement.  When you ask us to activate the Mobile Banking Service, and each time you use or allow others to use the Mobile Banking Service, you confirm your agreement to abide and be bound by the terms and conditions of the Mobile Banking Service as in effect at that time.
  6. 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.

  7. Treasury Management Internet Banking Services

    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.

  8. Fees

    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.

  9. Requirements for Enrolling in the Service

    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.

  10. Enrollment Process

    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.

  11. Linked Accounts

    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.

  12. Signature Requirements

    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.

  13. Account Balances

    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.

  14. Canceling or Changing Transfers

    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.

  15. External Transfers
  16. Mobile Deposit

  17. Privacy

    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.

  18. Internet Security

    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.

  19. Your Passcode Responsibilities

    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.

  20. Our Liability for Failure to Complete Transactions in Bill Payment Service

    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:

    1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
    2. The Service and/or the payment processing center is not working properly and you know or have been advised by CB&S Bank and/or its Service Providers about the malfunction before you execute the transaction;
    3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller;
    4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
    5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
    6. It can be shown that the Biller received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
    7. Your Password or any other account access device has been reported lost or stolen;
    8. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or Service Account;
    9. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject;
    10. Your Eligible Account is presumed abandoned under applicable law, or we consider your Eligible Account to be dormant or inactive under our policies and procedures;
    11. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
    12. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
    13. Circumstances beyond control of the Service, our Service Providers, and CB&S Bank (such as, but not limited to, loss of power, Internet interruption, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 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.

  21. Documentation and Verification of Payments And Transfers

    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).

  22. Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts

    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.

  23. Additional Provisions Applicable Only To Business Customers
  24. Alterations and Amendments

    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.

  25. Electronic Disclosures

    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.

  26. Address, E-mail, or Payment Account Changes

    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.

  27. Service Termination, Cancelation, or Suspension

    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.

  28. Exclusions of Warranties and Limitation of Damages

    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.

  29. Assignment

    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.

  30. No Waiver

    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.

  31. 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.

  32. Disputes

    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.

  33. Waiver of Trial by Jury
  34. 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.

  35. Ownership of Material

    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.

  36. Governing Law and Relation to Other Agreements

    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.

  37. If you do not agree, choose “Do Not Accept” below.

Revised 04/10/2014

 

 

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