Legal Terms & Agreements
ONLINE SERVICES AGREEMENTS
This website has been established by the Bank for the sole purpose of conveying information about the Bank’s products and services and to allow communication between the Bank and its customers. Information that appears on this website should be considered an advertisement. Nothing contained in any page on this site takes the place of the bank’s agreements and disclosures that govern its products and services. If any information on the site conflicts with that in the bank’s agreements and disclosures, the agreements and disclosures will control.
From time to time the Bank may place links to other websites on this page. The Bank has no control over any other website and is not responsible for the content on any site other than this one. Users assume all responsibility when they go to other sites via the links on this page.
The information and materials contained in this website are owned by the Bank or by others, as applicable. No material may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law.
The Bank makes no warranties of any kind regarding the products and services advertised on this site. The Bank will use reasonable efforts to ensure that all information displayed is accurate; however, the Bank expressly disclaims any representation and warranty, express and implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, suitability, and the ability to use the site without contracting a computer virus. The Bank is not responsible for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, consequential and incidental damages, that result from the access of or use of this site. This limitation includes, but is not limited to, the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if the Bank has been informed of the possibility of such loss or damage.
This agreement and the use of this website are governed by the laws of the State of New Mexico.
Online Banking and Bill Pay Services
This Agreement describes your rights and obligations as a user of the Online Banking service or the Bill Payment service ("Services"). It also describes the rights and obligations of Citizens Bank. Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.
The following definitions apply in this Agreement. "Online Banking" or "online services" are the Internet-based services providing access to your accounts; "Online Account" means any deposit or loan account from which you will be conducting transactions using a Service; Login ID is your Tax Identification Number and "Password" is the code that you select after the initial sign- on, that establishes your connection to the Service. "Time of day" references are to Mountain Standard Time or Mountain Daylight Time, as applicable. "We" or "us" refer to Citizens Bank which offers the Services and which holds the accounts accessed by the Services.
Access to Services
Citizens Bank will provide online instructions on how to use the Online Banking service or Bill Payment service through the Help functions available at the site. You will gain access to your Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your login ID and your Password.
Password and Security
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your passwords or other mean 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 the Service at once by calling 505-599-0100 during customer service hours. For further customer awareness and education concerning online security and best practices visit our Consumer Protection page on our website: www.cbnm.com
Banking Transactions with Online Banking or Business Solutions
In addition to viewing account information, you may use Online Banking or Business Solutions to conduct the following transactions:
(1)Transfer funds among your checking accounts, savings accounts and market interest savings accounts. Make loan or line of credit payments. NOTE: Because regulations require Citizens Bank to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:
(a) Regular Savings account. You can make six (6) transfers from your account each four (4) week or similar period, if by preauthorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction or by check, draft, debit card or similar order (including POS transactions, made by the depositor and payable to third parties.
(b) Market Interest Savings. You can make six (6) transfers from your account each four (4) week or similar period, if by preauthorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction or by check, draft, debit card or similar order (including POS transactions, made by the depositor and payable to third parties.
(2) New services may be introduced for online services from time to time. Citizens Bank will make these new services available online. By using these services when they become available, you agree to be bound by the rules made available to you online concerning these services.
Bill Payment Service
"Service" means the Bill Payment Service offered by Citizens Bank, through CheckFree Services Corporation.
"Agreement" means these Terms and Conditions for the bill payment service.
"Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill payments will be debited.
"Billing Account" is the checking account from which all Service fees will be automatically debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Payee to receive you bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
"Due Date" is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is a least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment instructions that it receives through the payment system. In order to process payment more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorized the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
- The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
- Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has 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 your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, and electronic to check payment, or a laser draft payment.
PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
STOP PAYMENT REQUESTS
The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact our Electronic Branch. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Payments to Payees outside of the United States or its territories are prohibited through the Service.
Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims for damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment charge is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
BILL DELIVERY AND PRESENTENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. This does not alter your liability or obligations that currently exist between you and your Payees.
If you send us an electronic mail message, we will be deemed to have received it on the following business day. We will have a reasonable time to act on your e-mail.
You should not rely on electronic mail if you need to communicate with Citizens Bank immediately - for example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
You agree that Citizens Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by us shall be considered received within three (3) days of the date sent by us, regardless of whether or not you sign on to the Service within that time frame.
In addition to this Agreement, you and Citizens Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the online services or the Bill Payment service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Citizens Bank including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedules available in each product description on the web site. We will automatically deduct the fees related to this Service from account each month.
Hours of Operation
The Services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, Citizens Bank's business days are Monday through Friday, excluding holidays. All online service transaction requests received after 4:00 p.m. ( 2:00 p.m. for wire transfers) on business days and all transactions which are requested on Saturdays, Sundays or holidays on which Citizens Bank chooses to remain closed, will be processed on the next processing business day.
Modifications to this Agreement
Citizens Bank may modify the terms and conditions applicable to either Service from time to time by making the new terms and conditions available at our web site. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
Errors and Questions
In case of errors or questions regarding an online service or Bill Payment transaction, call Citizens Bank Electronic Branch 505-599-0100 or write us at:
Citizens Bank Electronic Branch
PO Box 4140
Farmington, NM 87499
We must hear from you at the specified telephone number or address no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:
1. Your name and account number (if any)
2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information
3. The dollar amount of the suspected error and date on which it occurred.
If the report is made verbally, we may require that you send the complaint or question in writing within 10 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed.
If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45).
If we determine that no error occurred, we will send you a written explanation within three business days after the investigation are complete. You may request copies of the documents that were used in the investigation.
You agree that Citizens Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you shall be considered received within three (3) days of the date sent by Citizens Bank regardless of whether or not you sign on to the Service within that time frame.
You will continue to receive an account statement either monthly or annually, depending on the type of account.
You are responsible for promptly examining your statement each statement period and reporting any irregularities to us. Each account statement will be considered to correctly reflect your transactions , such as deposits, withdrawals, credits, refunds, imposition of fees, interest or dividends, and other additions and subtractions to your Account, unless you notify us in writing within certain time limits after the statement that incorrectly reflects your transactions is made available to you. Refer to your initial account opening disclosures.
Our liability for failure to make a transfer
If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances:
(1) If through no fault of Citizens Bank you do not have enough money in your account to make the transfer.
(2) If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer, despite reasonable precautions that we have taken.
(3) If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
(4) If your funds are subject to legal process or other encumbrance restricting the transfer.
(5) If your transfer authorization terminates by operation of law.
(6) If you believe someone has accessed your accounts without your permission and you fail to notify Citizens Bank immediately.
(7) If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
(8) If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
(9) If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed in subparagraph 2 or 8 above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
Disclosure of information to third parties
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:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the accounts which you access using electronic banking services. We can terminate your electronic banking privileges (including the Bill Payment service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due or if you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180 day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
To cancel the Online Banking and/or Bill Payment service, you must notify Citizens Bank and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify Citizens Bank by one of the following methods:
1) By sending an e-mail to firstname.lastname@example.org
2) By calling 505-599-0100
3) By writing a letter and either sending it to the following address:
Citizens Bank Electronic Branch
PO Box 4140
Farmington, NM 87499
This Agreement, pertaining to Bill Pay, is governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, OR EXEBPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENNANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
Mobile Banking and Mobile Deposit
This Mobile Banking and Mobile Deposit Addendum (“Addendum”) to the Citizens Bank Online Banking and Bill Pay Agreement between you and Citizens Bank contains the terms, conditions and provisions relating to and governing your use of the mobile banking and mobile deposit capture services offered by Citizens Bank (“Services”). Other agreements you may have entered into with Citizens Bank, including other online banking agreements, ACH agreements and the Deposit Account agreement, are incorporated herein by reference.
Except as amended and modified by this Addendum, all terms, conditions and provisions in the Citizens Bank Online Banking and Bill Pay Agreement remain in full force and effect. If there is a conflict, ambiguity or inconsistency between the “Agreement” and this Addendum, the terms, conditions and provisions of this Addendum shall prevail and control.
The words “you” and “your” refer to you as the person or business entity entering into this Addendum. The words “you” and “your” also include any user you authorize to use the Services, including the Citizens Bank Mobile App (as defined below), on your behalf. The words “we”, “us”, and “our” refer to Citizens Bank.
In order to use the Services, you must be designated as an authorized signer or owner of a Citizens Bank Account that is eligible for these Services, and are enrolled in the online banking services offered by Citizens Bank.
1. Services. The (“Services”) are designed to allow you to view activity, transfer money, pay bills, and make deposits into certain accounts that are eligible to receive mobile check deposits by converting checks into an image by taking pictures of checks and delivering the images and associated deposit information to Citizens Bank or Citizens Bank’s designated processor via an application (the “App”) installed on your supported mobile device. The App is considered part of the Services. Services are made available to Citizens Bank customers at the sole discretion of Citizens Bank and may not be available to all Citizens Bank’s customers.
2. Acceptance of the Services. Your use of the Services constitutes your acceptance of this Addendum and Agreement. This Addendum is subject to change from time to time. We will notify you by making the new Addendum available at our website. The revised Addendum shall be effective at the earliest date allowed by applicable law, rules and regulations. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it was sent. We reserve the right to change, modify, add or remove portions from these Services. Your continued use of the Services constitutes and demonstrate your acceptance of and agreement to any changes to the Services.
3. Equipment/Data Service. To use the Services, you must obtain and maintain, at your expense, a supported mobile device, (e.g., smartphone or other mobile device), with compatible hardware and software as specified by Citizens Bank from time to time, and suitable data service. We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system, mobile carrier or data service will be compatible with the Services. Citizens Bank is not responsible or liable for any third party software you may need to use the Services. Any such software is accepted by you “as is” and is subject to the terms, conditions and provisions of the software agreement you enter into directly with the third party software provider at time of download and installation.
4. Limitations. When using the Service, you may experience technical or other difficulties. We do not assume responsibility or liability for any such difficulties or any resulting damages that you may incur. For security reasons, the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to: (i) change, suspend or discontinue the Service, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you; and (ii) the right to limit the number of Mobile Devices through which you may access the Services.
Except as expressly stated in this Addendum, deposits made through the Services are subject to all limitations, terms, conditions and provisions stated in the relevant deposit agreement governing your Account(s) as may be modified or amended from time to time, including, but not limited to, those relating to deposit acceptance, crediting, collection, endorsement, processing order or errors.
5. Eligible Checks and Items. You agree to scan and deposit only “checks” as is defined in Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permissible under this Addendum or such other items as we, in our sole discretion, elect to include under the Services.
You authorize us to process any image that you send us or convert any images to an Image Replacement Document for subsequent presentment and collection. Such image shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the applicable Uniform Commercial Code.
You agree that you will not use the Services to scan and deposit any checks or other items as stated below:
Checks or items payable to any person or entity other than you, or to you and another party;
Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into;
Personal Money Orders or Traveler’s Cheques;
Checks or items drawn on the account to which they are being deposited to;
Checks or items containing alternation(s) to any of the fields on the front of the check or item (including the MICR line), or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
Checks or items previously converted to a substitute check, as defined in Reg CC;
Checks or items drawn on a financial institution located outside the United States;
Checks or items that are remotely created checks, as defined in Reg CC, and checks that have previously been submitted through the Services or through a remote deposit capture service offered at any other financial institution;
Checks or items not payable in United States currency;
Checks or items dated more than 6 months prior to the date of deposit;
Checks or items on which a stop payment order has been issued or for which there are insufficient funds;
Checks or items prohibited by our current procedures relating to the Service or which are otherwise not acceptable under your account;
Checks with any endorsement on the back other than those stated in this Addendum.
Nothing in this Addendum should be construed as requiring Citizens Bank to accept any check or item for deposit even if Citizens Bank has previously accepted that type of check or item. Not shall Citizens Bank be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements of this Addendum.
6. Security of Your Mobile Device and Account Information. 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 the Services; and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Services. You agree not to supply your Access Information to anyone other than your duly authorized representatives, agents and employees. You are responsible for all electronic communications, including image transmissions, email and other data 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 Device. We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft or unauthorized use has occurred.
7. Image Quality. You are responsible for the image quality of any check or item that you transmit. The image of a check or item transmitted to Citizens Bank using the Service must be legible. The image quality of the checks and items must comply with the standards established from time to time by any clearing house we use, any agreement we have with respect to processing checks or items, or any higher standard set by us. You agree that we shall not be liable for any damages resulting from a checks or item’s poor image quality, e.g., 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.
8. Endorsements and Procedures. Before transmission, you agree to properly endorse any check or item transmitted through the Services. Checks should be endorsed “For Mobile Deposit Only” and include your signature, and date of deposit. After receiving confirmation of deposit from us, you will write on the front of the item “Mobile Deposited” and the current date. You agree to follow any and all other procedures and instructions for use of the Services as we may establish from time to time. You agree to supply any information in your possession, custody or control that we request regarding a check or item deposited or attempted to be deposited through the Services.
9. Receipt of Checks or Items. We reserve the right, at our discretion, to reject any check or item transmitted through the Services, without any liability to you. We are not responsible for checks or items we do not receive in accordance with this Addendum 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 Citizens Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, it was able to be processed or completed, or that funds will be credited for that check or item.
10. Availability of Funds. You agree that the checks or items transmitted using the Services are not subject to the funds availability requirements of Reg CC. You also agree that the items are not subject to the dispute resolution process or requirements established under the Electronic Funds Transfer Act or its implementing regulation, Regulation E. In general, if an image of a check or item you transmit through the Services is received and accepted before our cut-off time for the Services, we consider that business day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day that we are open. The cut-off time for the Services is 4:00 p.m. (MT) Mountain Time. Funds deposited using the Services will generally be made available the next business day from the day of deposit. However, we may delay availability of funds from any deposit you make through the Services at any time at our sole discretion. A delay may include any concern we may have regarding our ability to collect the funds based upon any check image that you present.
11. Disposal of Transmitted Checks and Items. Upon your receipt of confirmation from Citizens Bank that we have received an image that you transmitted, you agree to retain the check or item for a minimum of five (5) calendar days, but no longer than fourteen (14) calendar days (“Retention Period”). You will retain and store the original check or item in a secure and locked container that is only accessible by persons needing access. During the Retention Period and upon our request, you agree to provide us with the original item. Once the Retention Period has expired, you will securely and irretrievably destroy the original item that you transmitted as an image.
12. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using the Services and to amend or modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will be subject to this Addendum, and we will not be obligated to allow such a deposit at other times.
The current deposit limit for retail and small business banking customers is $3,000 daily and $6,000 per month. Small business customers is $10,000 daily and $20,000 per month. We reserve the right to adjust limits based on account activity, abuse of product, or general risk parameters.
13. Presentment. The manner in which the checks and items are cleared, presented (or represented) for payment, and collected shall be in Citizens Bank’s sole discretion as stated in the relevant deposit account agreement governing your Account(s).
14. Warranties Indemnity. You warrant and represent to Citizens Bank that:
You will only transmit eligible items;
You will not duplicate items;
You will not deposit, redeposit or represent the original check or item with Citizens Bank or any other party;
You will comply with this Addendum and all applicable laws, rules, and regulations;
You are not aware of any factor which may impair the collectability of the item.
You agree to indemnify, defend, and hold harmless Citizens Bank and its affiliates and each of their respective directors, officers, employees, representatives and agents (“Indemnities”) from and against any and all liabilities, damages, injuries, claims, obligations, demands, charges, cause of action, costs, expenses or fees (including reasonable fees and disbursements of legal counsel and accountants) awarded against or incurred or suffered (“Losses and Liabilities”) by Indemnities arising directly or indirectly from, associated with or related to the Services (except for Losses and Liabilities arising directly or indirectly from or related to our own gross negligence or willful misconduct).
15. Changes to the Services. We reserve the right to terminate, modify, and remove features from the Services at any time in our sole discretion. You may reject changes by discontinuing use of the Services. Your continued use of the Services constitute and demonstrate your acceptance of and agreement to such changes. Maintenance to the Services may be performed from time-to-time resulting in interrupted service, delays or errors in the Services and we shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
16. Use of Your Geolocation. When you are submitting an image for processing through the Services, we reserve the right, at our discretion, to use your Mobile Device’s capabilities to obtain your geolocation for fraud prevention services. We may choose to capture either your current location or the last location stored on your Mobile Device.
17. Fees. The Services are provided at no charge to you. We may however, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for use of the Services. If you continue to use the Services after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time. Further, you authorize Citizens Bank to deduct any such fees from any accounts in your name.
Third party message and data rates may apply to the Services for which you are responsible. These include fees your wireless carrier may charge you for data usage and text messaging services. Check with your wireless carrier for details regarding your specific wireless plan and any data usage or text messaging charges that may apply to the Services.
The Services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from your financial institution. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
18. Termination. We may terminate this Addendum at any time for any reason. This Addendum shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Addendum may be terminated by us if you breach any term, condition or provision of this Addendum; if you use the Services for any unauthorized or illegal purposes; or you use the Services in a manner inconsistent with the terms, conditions or provisions of any agreement you entered into with us.
19. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THESE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRIGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
20. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF CITIZENS BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.