Agreement and Electronic Funds Transfer Disclosure
This Agreement and Disclosure provides information about the Cattlemens Online service and contains the disclosures required by the Electronic Funds Transfer Act. For the purpose of this document, “I,” “me,” “my,” and “mine” shall refer to each Depositor who signs up for Cattlemens Online. “You,” “your,” or “Bank” shall refer to the financial institution at which the Depositor has the deposit account accessed through Cattlemens Online. All references to time of day in this Agreement and Disclosure refer to Central Standard Time.
Cattlemens Online Service
Cattlemens Online is an electronic banking service through the Internet. Cattlemens Online allows the customer to manage their finances from anywhere with instant, secure access to their Cattlemens Bank account(s), 24 hours a day, seven days a week.
Banking Day
Cattlemens Bank’s business days are Monday to Friday, except for legal holidays.
Transaction Procedures
If I designate a payment or transfer, sufficient funds must be available Transfers may be processed in three different transaction modes. They are as follows:
- One Time Immediately.
- One Time Scheduled.
- Scheduled Recurring.
Bill Payments
Users may use the bill paying service, BILL PAY-E PLUS, to direct payments from the designated checking account to the “Payees” chosen in accordance with this agreement. The terms and conditions of this agreement are in addition to the account agreements, disclosures and other documents in effect from time to time governing your account. This service is not available using the mobile banking feature.
The Bill Paying Process
Single Payments
A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s process date, provided the payment is submitted prior to the daily cut-off time on that date.
A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain holidays) as the payment’s process date, the payment will be processed on the first business day following the designated process date.
Recurring Payments
When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.
Canceling a Payment
A bill payment can be changed or cancelled, anytime prior to the cutoff time on the scheduled process date.
Available Funds
You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations you have to the Financial Institution.
The Financial Institution reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with the above requirement or any other term of this agreement.
If you do not have sufficient funds in the account and the Financial Institution has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand.
You further agree the Financial Institution, at its option, may charge any of your accounts with the Financial Institution to cover such payment obligations.
The Financial Institution reserves the right to change the cut-off time. You will receive notice if it changes.
Liability
You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority.
You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment. The Financial Institution is not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment.
The Financial Institution is not liable for any failure to make a bill payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a “Payee” for a bill payment.
The Financial Institution is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Financial Institution’s agent.
In any event, the Financial Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this agreement or the service, even if the Financial Institution has knowledge of the possibility of them.
The Financial Institution is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution’s reasonable control.
Amendment Termination
The Financial Institution has the right to change this agreement at any time by notice mailed to you at the last address shown for the account on the Financial Institution’s records, by posting notice in branches of the Financial Institution, or as otherwise permitted by law.
The Financial Institution has the right to terminate this agreement at any time.
You may terminate this agreement by written notice to the Financial Institution. The Financial Institution is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice.
You remain obligated for any payments made by the Financial Institution on your behalf.
Service Fees
There will be No Charge for any items needed to correct a Financial Institution error.
For all other items, such as research and special services, applicable fees based on the current rate will be applied. Fees from the Bill pay vendor will be passed to the customer. Fees are subject to change. This includes but is not limited to:
- Written Correspondence to “Payee”
- Per proof of payment not necessitated by a dispute
- Express Mail correspondence Overnight Fee: $14.95
- 2nd Day Fee
- Charitable Donations
- Gift Pay
The Financial Institution reserves the right to charge you for research time involving payments no longer available in your screen history. Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations
Mobile Banking Service
Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. To utilize the Mobile Banking Service, you must be enrolled to use Online Banking and then activate your Device within the Online Banking system. Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. Cattlemens Bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as outages or “out of range” issues.
Use of Service
You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device, and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.
Other Agreements
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any porblems with your provider directly without involving us. Any deposit account, loan or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
Permitted Mobile Banking Transfers
You may use the Service to transfer funds between your eligible accounts (“Internal Transfer”). You may not transfer to or from an Account at another financial institution using Mobile Banking. When you submit your transfer request you will initiate an immediate Internal Transfer via Mobile Banking. Each transfer using Mobile Banking is subject to the Deposit Account Agreement and Disclosures and any applicable fees.
Your Responsibilities
You represent and agree to the following by enrolling for Mobile Banking or by using the Service:
User Security
You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password, or other access information to any anauthroized person. If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account.
We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
User Conduct
You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c)violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliator service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
Indemnification
Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Cattlemens Bank, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, or Mobile Banking.
