INTERNET
BANKING AGREEMENT AND DISCLOSUREINTERNET
BANKING AGREEMENT AND DISCLOSURE
This NetTeller Agreement sets forth the terms and conditions governing the provisions of Internet banking services to you. This NetTeller Agreement describes your and our rights, responsibilities and obligations.
Setup and Access to NetTeller Services.
Eligible
Accounts.
In
order to activate your NetTeller Services, you must have at least one
Eligible Account with us. We will provide you with
instructions on how to set up the NetTeller Services.
Limits
on Internet Banking Transactions
You
must have enough available money or credit in any account from which
you instruct us to make a payment or transfer. If any of your
qualifying accounts are money market or savings accounts, certain
types of withdrawals from those accounts, including payments and
transfers, are limited to a total of no more than 6 in any specified
period. The specified period for money market accounts is the monthly
statement period. The kinds of withdrawals covered by this limitation
are those made by means of preauthorized or automatic transfers and
payments or telephone agreement. A total of only 3 of these kinds of
withdrawals may be made by check, draft, debit card, or similar order
payable to third parties. You also agree to the “Disclosure of
Interest, Fees and Account Terms” that you received when you
opened your deposit account. You can request another one of these at
the time you fill out your NetTeller application.
User
Codes and PINs.
Upon
enrollment in the NetTeller Services, we will assign a Netteller ID
and Personal Identification Number (PIN). For security
purposes, you will be prompted to change your PIN the first time you
sign on to the NetTeller Services. The Bank reserves the right
to cancel and/or require you to change your user ID and PIN from time
to time for security reasons. You should keep your user ID and
PIN in a secure location. Any person having access to your user
ID and/or PIN will be able to access the NetTeller Services and
perform all transactions, including reviewing Account information and
making Transfers to other Accounts.
Service
Charges.
You
must also pay the service charges,if any, provided in this
Agreement. All charges provided in the applicable Account
Agreements continue to apply.
Description
of Service.
You
can use NetTeller Banking to access your Accounts to view Account
balances, review recent transactions, transfer money between Deposit
Accounts (other than Time Accounts (CD’s)) and certain Credit
Accounts, order stop payments, and download statement information.
You may also communicate with us via e-mail. These
activities are limited to the extent noted below and in the
agreements governing your various Accounts. Your ability to
transfer funds from certain Accounts is limited by federal law and
the Account Agreements. You should refer to these agreements
for legal restrictions and service charges applicable for excessive
withdrawals and transfers. Transfers made using the NetTeller
Services are subject to limitations of all applicable Account
Agreements. We will provide you with instructions on how to use
the NetTeller Services.
Availability
of Service.
NetTeller
Services are generally accessible 24 hours a day, seven days a week.
NetTeller Services may be inaccessible for a reasonable period of time on a weekly basis for
system maintenance. We shall not
be liable under this Agreement for failure to provide access due to
catastrophic system failure at the Bank, or at an Internet provider,
or due to other unforeseen acts. Your access to NetTeller
Services shall be determined in the sole discretion of the Bank.
Subject to applicable law, the Bank reserves the right to modify,
suspend, or terminate access to the NetTeller Services at any time
and for any reason without notice or refund of previously incurred
fees.
Equipment
Requirements
In
order to use the NetTeller Services, you will need Internet access(if
by modem, 14.4 band or higher), and an Internet browser that supports
Secure Sockets Layer with 128 bit encryption. We recommend Internet
Explorer or Netscape versions 5.0 or higher and a computer with at
least a 133 mhz processor and a 28.8 modem. You are responsible for
selecting all systems, hardware and your Internet service provider.
You are responsible for any defect, malfunction or interruption in
service or security due to hardware failure, your choice of Internet
service provider and systems and computer services.
NetTeller Banking Services.
Transfers
Between Accounts; Preauthorized Transfers.
You
may transfer funds in any amount between $1.00 and $99,999.99 (i)
between Deposit Accounts (other than time accounts (CD’s)), or
(ii) from Deposit Accounts (other than time accounts) to Credit
Accounts designated for Transfers in the Application, as provided on
screen. When you schedule a Transfer, you authorize us to
withdraw funds from yourDeposit Account (the “sending
Account”) and to deposit funds or make payment to the Account
designated to receive the Transfer (the “receiving Account”).
Transfers may be scheduled to be made on the Business Day initiated,
or at a later date. You may also schedule recurring Transfers
of the same amount from the same sending Account to the same
receiving Account at regular intervals (such as monthly or weekly).
Transfers are made on the Business Day you schedule the Transfer as
long as you initiate the Transfer before 5:30 p.m. Eastern Time.
Transfers initiated after 5:30 p.m., Eastern Time, or on a day other
than a Business Day will be made on the next Business Day. We
may refuse to act on your instruction if on the date you schedule the
Transfer if sufficient funds are not available in your Deposit
Account. You can delete or change (“edit”) any
one-time or recurring Transfer requested through the NetTeller
Banking Services before 5:30 p.m., on the Business Day before the
Business Day that the Transfer is scheduled to be made, as provided
on screen after clicking on the “View List of Transfers”
link for the Account. Transfers will be described in the regular
periodic statement for your Account.
View
and Download Account Information.
You
may view Account information. Your Account balance is generally
current as of 9:00 p.m. the previous Business Day, and may not
include current transactions (such as checks cashed at a teller
today). In addition, your Account balance may show funds that
have been credited to your Account but that are not yet available for
withdrawal or advance. NetTeller Banking displays an “Available
Balance” that includes any memo posted transactions that occur
throughout the Business Day. A “memo posted transaction”
is a temporary credit or debit to your Account that is not yet final,
and is subject to correction. You may review the history of
past transactions on your Accounts over the previous 90 days.
You may also download Account information in the following formats:
(i)
Open Financial Exchange (.OFX - for Microsoft® Money);
(ii)
Personal Finance (.QIF);
(iii)
Spreadsheet (.CSV);
(iv)
Word Processing (.TXT).
Stop
Payments.
You
may stop payments of checks drawn on Deposit Accounts online by
clicking onto the “Enter Stop Payment” link for the
Deposit Account, completing the requested information and submitting
the stop payment. You must make your stop payment order in time
for us to receive and have a reasonable opportunity to act on your
request. You must also print the stop payment confirmation and
sign and mail it to Commercial National Bank, Bookkeeping Dept., P.O.
Box 98, L'Anse, MI 49946. We may honor your order when made
online, but must receive your written confirmation within 14 days.
Electronic
Mail.
In
general, e-mail is not a secure method of communication over the
Internet. Therefore, we will not send, and we strongly suggest that
you do not send any confidential account information via regular
e-mail. You may send us a Secure Message by clicking on
the Contact Tab. We will respond within a reasonable amount of time
utilizing the same method. You can use e-mail to contact us
about inquiries, maintenance and/or problem resolution issues.There
may be times when you need to speak with someone immediately
(especially to report a lost or stolen user code or PIN). In
these cases, do not use e-mail. Instead, you may call us during
the Business Day at (906) 524-6172. E-mail may not be used to
make Transfers or stop payment requests.
Your Rights and Responsibilities.
Authorized
Use of Services by Other Persons.
You
are responsible for keeping your user ID, PIN, and Account data
confidential. We are entitled to act on transaction instructions
received using your user ID and PIN, and you agree that the use of
your user ID and PIN will have the same effect as your signature
authorizing the transaction(s). If you authorize other persons
to use your user ID or PIN in any manner, your authorization will be
considered unlimited in amount and manner until you have notified us
in writing that you have revoked the authorization and changed your
user ID and PIN, and you are responsible for any transactions made by
such persons until you notify us that Transfers by that person or
instructions regarding your Account(s) are no longer authorized and
we have a reasonable opportunity to act upon the change of your user
ID and PIN.
Consumer
Liability for Unauthorized Transfers from Deposit Account.
Please
tell us AT ONCE if you believe your user ID or PIN has been lost or
stolen. Telephoning is the best way of keeping your possible
losses down. You could lose all the money in your Deposit
Account. If you tell us within two Business Days, you can
lose no more than $50 from your Deposit Account if someone used your
user ID or PIN without your permission.
If you do NOT tell us within two Business Days after you learn of the loss or theft of your user ID or PIN, and we can prove that we could have stopped someone from using your user ID or PIN without your permission if you had told us, you could lose as much as $500.
If you think your Deposit Account statement is wrong or if you need more information about a transfer listed on the Deposit Account statement, write to us at Commercial National Bank, P.O. Box 98, L'Anse, MI 49946, or call us during the Business Day at (906) 524-6172 as soon as you can.
We must hear from you no later than 60 days after we sent the FIRST Deposit Account statement on which the problem or error appeared:
Tell us your name and Deposit Account number.
Describe the error or the Transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days after we hear from you.
We will tell you the results of our investigation within 10 Business Days and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.
We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
The Account Agreement for your Credit Account governs Credit Account errors or problems.
The Bank’s Responsibilities.
Limitations
of Our Responsibility for Processing Transactions.
There
are some exceptions to our liability for processing transactions on
your Deposit Accounts. We will not be liable for instance:
Our sole responsibility for an error in a Transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental or consequential damages. In states, which do not allow the exclusion or limitation of liability for indirect, special incidental or consequential damages, our liability is limited to the extent permitted by applicable law.
Things for Which We Will Not Be Responsible and Further Limitations on Our Liability.
We will not be responsible for the following matters, or for errors or failures of our NetTeller Service as a result of any of the following.
Access.
We
will not be liable under this Agreement for failure to provide access
or for interruptions in access to our NetTeller Service due to a
system failure or due to other unforeseen acts or circumstances.
Your
Computer Equipment and Your Financial Management Software.
We
will not be responsible for any errors or failures from any
malfunction of your computer or any computer virus or other problems
related to your computer equipment used with our NetTeller Services.
We are not responsible for any error, damages or other loss you may
suffer due to malfunction or misapplication of any system you use,
including your browser (Netscape Navigator®, Microsoft Explorer®,
or otherwise), your Internet service provider, your personal
financial management or other software (such as Quicken® or
Microsoft Money®), or any equipment you may use (including your
telecommunications facilities, computer hardware and modem) to access
or communicate with the NetTeller Services.
Warranty
Limitations.
Warranties
of Fitness and Merchantability.
THE BANK MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING NETTELLER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
Confidentiality.
We
will disclose information to third parties about your account or the
transfers you make:
(a)
Where it is necessary for completing transfers; or
(b)
in order to verify the existence and condition of your account for a
third party, such as a credit bureau or merchant; or
(c)
in order to comply with government agency or court orders; or
(d)
if you give us written permission.
You agree to be bound by any amendments or modifications to this Agreement after notice has been sent to you by regular mail and/or electronic mail at your last known address contained in our records, which may include your e-mail address, or upon our posting of such notice in the lobby of our branch offices. Where prior notice of a change in terms is required by applicable law, we will send the notice to you the required number of days in advance of the effective date of the change.
Termination.
You are responsible for complying with all the terms of this Agreement and with the terms of the Account Agreement governing the Accounts which you access using NetTeller Services. We can terminate your NetTeller Services under this Agreement for any reason at any time without notice to you, including, and without limitation, if you do not pay any required fee when due, if you do not comply with this Agreement or any Account Agreements, or if any Account or other account you have with us is not maintained in good standing. You may terminate your NetTeller Services with 30 days prior notice to us by e-mail or writing us at Commercial National Bank, P.O. Box 98, L'Anse, MI 49946 or calling us during the Business Day at (906)524-6172. This cancellation applies only to your NetTeller Service and does not terminate your other relationships with us.
Geographic Restrictions; Governing Law.
Regardless of where you live or work or where you access NetTeller, this Agreement will be governed by, and construed in accordance with, the laws of the State of Michigan and the federal laws of the United States of America. (The law governing any deposit account subject to this Agreement will be that of the state in which the deposit account is located.)
Ownership of Web Site.
The content, information and offers on our web site is copyrighted by The Commercial National Bank L'Anse, Michigan and the unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited.
Scope of Agreement.
This Agreement represents our complete agreement with you relating to our provision of the NetTeller Services. No other statement, oral or written, including language contained in our web site, unless otherwise noted, is part of this Agreement.
1. This Agreement sets forth the terms and conditions governing the provisions of the Internet Bill Paying service currently known as BillPay.
2. I understand that I will have the ability to pay my bills and make other payments through the BillPay service.
3. With this service I can initiate and authorize payments from my designated checking account to my designated payees. I may also request copies of paid checks and place stops on the processed payments through BillPay.
Copies of cancelled checks . . . . . . . . . . . $ 1.00/item
Stop Payment fee. . . . . . . . . . . . . . . . . .$ 20.00/item
Fee for overdrafts (includes electronic funds transfers)
Paid or returned . . . . . . . . . . . . . . . . . $27.50/item
Transactions for which an overdraft fee may be imposed are those by Check or Electronic Transfer.
4.I authorize the Commercial National Bank, to post payment transactions generated through BillPay to the checking account I have indicated.
5. I understand that payments may take up to 10 days to reach the vendor and they will be sent either electronically or by check. Bills do not get paid on holidays or weekends. All bills will be paid BEFORE the weekend or the last working day BEFORE the holiday.
6. I understand that all BillPay payments are processed twice a day. The first processing begins at 3:00 a.m. EST and the 2nd processing begins at 1:00 p.m. EST. Any payment entered after 3:00 a.m. and before 1:00 p.m. will be processed the same day.
7. Commercial National Bank, will not be held liable for any service fee or late charges levied against me, unless they are found to be at fault.
8. I also understand that I am responsible for any loss or penalty that I may incur due to lack of sufficient funds or other conditions that prevent the withdrawal of funds from my account.
9. I understand that I am in full control of my account. If at any time I decide to have this bill paying service discontinued, I will provide written notification to the Commercial National Bank .
10. My use of Internet BillPaying signifies that I have read and accepted the terms and conditions of BillPay and NetTeller.
“I agree that my enrollment in Commercial National Bank ’s Internet Banking Service will be subject to the terms of the Internet Banking Agreement, which is displayed above, and I acknowledge that I have read and understand the Agreement and agree to the terms of the Agreement and choose to accept this electronic version of the Agreement."
You may print this agreement by selecting PRINT on your browser's tool bar.
Commercial National Bank
1 East Broad St PO Box 98
L'Anse, MI 49946
Member FDIC