Welcome to Citizens State Bank Online Banking!

Thank you so much for your interest in CSB’s Online Banking! Please be aware that this is a secure area. No one will see your personal information.

Before we get started, please make sure you have the following items:

  • Your account number at our bank
  • Your Social Security number (SSN) or Tax Identification number (TIN)
  • The email address on file with us

    If your enrollment application is accepted, you will receive a confirmation email. You must confirm your identity through a link in this email. You must access this link from the same computer and browser you used to fill out the enrollment application.

    If you would rather not provide this information, you can still become an online banking user. By calling our Customer Care Team at 1-888-529-5450..


    By clicking "I Agree," I hereby agree to all terms and conditions found in the Online Banking Agreement:


    Electronic Banking Service Agreement and Disclosure Statement

    This document serves as both customer agreement and online disclosure statement for the following Electronic Banking Services:  Online Banking, Bill Pay, Mobile Banking, Mobile Remote Deposit Capture, Bank to Bank Transfer,  Financial Management Services and other services offered from time to time ( collectively “Services”) of Citizens State Bank ( “the Bank”).

     

    Table of Contents:  Show all Topics

     

    1.        E-Sign Agreement

    2.        General Description of Electronic Banking Agreement

    3.        Online Banking Services

    4.        Bill Payment Services

    5.        Pay a Person ( P2P)

    6.        Mobile Banking

    7.        Financial Management Services ( Mobile)

    8.        Mobile Remote Deposit

    9.        Bank to Bank Transfer

    10.     Other Terms and Condition

    11.     Additional Provisions Applicable Only to Consumer Accounts

    12.     Additional Provisions Applicable Only to Business Accounts

     

    1. E-Sign Disclosure

    You have the option to register for Electronic Services and receive this agreement and disclosure online rather than by paper.  Online services include: Online Banking, Bill Pay, Mobile Banking, Mobile Remote Deposit Capture, Bank to Bank Transfers, Financial Management Services  and other services offered from time to time ( collectively “Services” ) of Citizens State Bank( “the Bank”).  Please read the following important information about online agreements/disclosures before you decide.

    1.        When you click “I Agree”, you are agreeing to access online the services mentioned above, receive the disclosures for accessing the above online services and acknowledging that you meet the technical requirements below. 

    2.        If you need a paper copy of any of the disclosures, you may request such copy by contacting Citizens State Bank at 888-529-5450 and the requested disclosures will be mailed to you at the address we have on file for you.

    3.        You have accessed the disclosures online because you have a:

    a.        Computer

    b.        Browser with 128 bit encryption

    c.        Supported Browsers (Current and Prior Major Releases): Internet Explorer (IE) 11 & Microsoft Edge, Firefox, Safari-Apple/Mac Users only, Google Chrome.

    d.        A printer that will allow you to print and retain your disclosures. If you are unable to print the disclosures please contact Citizens State Bank at 888-529-5450 for a copy.

    e.        If you have any questions about these hardware or software requirements, please contact Citizens State Bank at 888-529-5450.

    4.        You acknowledge and agree that the technical requirements set forth above, are the minimum supported by Citizens State Bank.  Further you agree that Citizens State Bank may alter version levels by eliminating older version levels that are no longer supported by the owner of such technology.

    5.        To withdraw from consent to online services, send a secure email message to us from within Citizens State Bank  Online banking services or notify us in writing at:

    Citizens State Bank, 1238 Broad Street, P.O. Box C, New Castle, IN 47362

    When you click “I Agree”, you are confirming that you have the hardware and software needed to access the online services and print the disclosures.  You should print and retain the disclosures for Citizens State Bank Electronic Banking Services for your records.  Adobe and Reader are registered   trademarks of Adobe Systems Corporation in the United States and / or other countries.   Microsoft is a registered trademark of Microsoft Corporation in the United States and /or other countries.  Netscape Navigator is a registered trademark of Netscape Communications Corporation in the United States and/ or other countries.  America Online is a trademark of America Online, Inc.  Safari is a trademark of Apple Computer, Inc.

     

    2. General Description of Electronic Banking Agreement

    A. What This Agreement Covers

    This Agreement between you and Citizens State Bank governs the use of Electronic Banking services.  These services permit U.S. based Citizens State Bank customers ( consumer and business customers who are account owners) to perform a number of banking functions such as: banking inquiry, bill pay, transfer, transaction and financial management functions through the use of a personal computer or, for some functions, a mobile device (e.g., tablet or Smartphone), on accounts linked to the service. When used in this Agreement, the term “business” includes sole proprietors, non-consumer business entities, and individual owners of the business, unless the context indicates otherwise. 

     

    Each reference in this Agreement to the, “the Bank”, “we”, “us”, or “our” refers to Citizens State Bank, an Indiana Banking Corporation.  Each reference to “you” and “your” refers to each depositor, borrower, authorized signer, or authorized user for an account (as defined below) who is now or hereafter enrolled in any one of more of the Bank electronic banking services or products with respect to the account.  Reference to “Internet banking”,, “online banking”, online banking services”, “bill pay”, “mobile banking”, “remote deposit capture” all refer to the Bank’s electronic banking services and products available through the Internet.  As used in this agreement, the term “electronic fund transfer” has the meaning provided for that term in Regulation E and includes, without limitation, a bank transfer or bill payment ( other than a bill payment made by a check or other paper item), as these terms are defined.

     

    B .Accepting the Agreement

    When you use any of the Electronic  Banking services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.   You also agree to abide to the terms and conditions set forth in your deposit agreement, including but not limited to Reg CC, Reg E, and Reg D.

     

    C. Relationship to Other Agreements

    Your use of Online Banking services may also be affected by a deposit or other agreement between us for your linked Citizens State Bank accounts.  When you link an account to Online Banking services, you do not change the agreements you already have with us for that account.    When you opened these account you were given agreements and disclosures.  You should review those and other Citizens State Bank account-related agreements and fee schedules for any applicable fees, for  limitations on the number of transactions you can make, liability rules for electronic funds transfers, and for other restrictions that might impact your use of an account with Online Banking services.  

     

    3. Online Banking Services

     

    A. Online Banking for Consumers and Businesses

    To use Online Banking and the Services, you must have at least one account at the Bank, acquire the mobile telephone or computer hardware and software required to access the Services, World Wide Web access through an Internet Service Provider (ISP), an Internet browser that supports a minimum 128 bit encryption standard, firewall hardware or software, anti-virus software, anti-spyware software and a valid e-mail address.  The Services can be used to access only the Bank accounts which you have designated for access by the Services.  You can add, change or delete any of your Bank accounts or User access by completing the documentation required by the Bank.  Access to your accounts through the Services will be based upon the identification of users and authority levels specified by you.  While the Bank implements commercially reasonable methods to prevent unauthorized access to the Services, the Bank cannot provide absolute assurance that unauthorized access will not occur.  As such, you acknowledge and agree that the Bank has no obligation to monitor transactions through the Services to determine that they are made on behalf of the account holder. With Online Banking you can also access optional services such as Bill Payment.  Please refer to this Agreement, your applicable account agreement or fee schedule for information on fees for optional services.

     

    B. You May use Online Banking to:

    ·         Transfer funds between any Deposit Accounts, such as checking, savings or money market deposit accounts;

    ·         Transfer funds or make payments/advances as approved in a separate credit agreement between any Deposit Account   and any Credit Account, such as installment loan, credit card account, prime equity line or other loan;

    ·         Receive and download balance and transaction information for your Bank accounts; and

    ·         Receive e-mail from and transmit e-mail to the Bank, all as described in this Agreement and the Software.

    ·         Stop Payment – subject to certain limitations, you may order us to stop payment on any check, automated clearing house/pre-authorized electronic funds transfer (“ACH/EFT”), or other items payable from your Account, whether drawn or authorized by you or any other account holder as follows:

    o    Stop Payment against a Check or Other Item.  A stop payment request against a check or other item payable from your Account will be effective if we receive the order at such time and in such manner as to afford us a reasonable opportunity to act upon the order.  A stop payment order against a check or other item payable from your Account is effective for six (6) months. Orders executed on line are considered signed under E-Sign Act.   A stop payment order against a check or other item payable from your Account may be renewed for additional six (6) month periods if renewed during a period within which the stop payment order is effective.

    o    Stop Payment against an ACH/EFT.  Cannot be executed online.  To request this type of stop payment contact us by phone at 888-529-5450 or visit any of our Banking Centers.

    .

    All stop payment order requests will require you to provide the date, the amount, and the number of the item or authorization, together with the name of the payee.  If you give us incorrect information, we will not be liable for failing to stop payment on the item or authorization. Our acceptance of a stop payment order will not constitute a representation that the item or authorization has not already been paid or that we have a reasonable opportunity to act upon the order.  You may not stop payment on an official, certified, cashier’s, or teller’s checks issued by us, or request us to stop payment if we have otherwise become accountable for the item or authorization.  In addition, you may not stop payment on checks governed by a separate agreement, such as a check guaranty agreement.  Further you may not stop payment on an item or authorization after acceptance of the same by us.

     

    C. Transfers to and from Accounts

    ·         Deposit Accounts – you may use the Bank’s online service to initiate electronic fund transfers from one Deposit Account that is a checking, savings or money market deposit account to any other Deposit account that is a checking, savings or money market deposit account, as provided in this Agreement.  These types of transactions are referred to in this Agreement as “bank transfers”.

    ·         Credit Accounts – you may use the Bank’s online service to initiate electronic fund transfers from one Deposit Account that is a checking, savings or money market deposit accounts to make a payment on a Credit Account that is a consumer loan or line of credit or credit card as provided in this Agreement. These types of transactions are referred to in this Agreement as “loan payments”.

    ·         Authorization – you expressly authorize us to debit the appropriate Deposit account in the amount of any bank transfer or loan payment initiated through the Bank’s online banking by you or by any other person who is authorized to use your Password.  You agree that we may treat any such bank transfer or loan payment from a Deposit Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer or loan payment to Deposit Account the same as a deposit, all in accordance with the terms of this Agreement and your deposit(s) agreement.

    ·         Limitations – Your ability to initiate bank transfers between Deposit Accounts or make loan payments from your Deposit Accounts may be limited by federal law or by the terms of our deposit agreement with us.  Bank transfers from Deposit accounts that are savings or money market deposit accounts are limited as required by federal regulation.  You agree that we may, without notice or other obligations to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us.  You cannot post-date bank transfers or schedule bank transfers for future dates. Bank transfers from Deposit Account are also subject to limitation on availability of collected funds.  See following section as well.

     

    D. Account Information

    You may use the Bank’s online banking to receive:

    ·         Download, and store or print information regarding an account that is routinely set forth in the statement for the Account

    ·         Debits and credits made to the account

    ·         Amounts and item numbers for items drawn on the account ( if applicable)

    ·         The daily account balance( including interest credited to a Deposit account and finance charges accrued on a Credit Account)

    All account information provided via the Bank’s online banking will be current as of the end of the preceding business day.  The information will not reflect bank transfers or bill payments made since the end of the preceding business day, and are subject to further adjustment and correction.  Because the information is made available to you is “raw data” furnished through the Service Provider and is subject to change, we cannot assure you of the accuracy or completeness of the information and expressly disclaim the same.  You will still receive your usual periodic statement of account, and adjustments may have been made to your account in connection with the preparation of your statement.

     

     

    4.       Bill Payment Services

    You acknowledge that we may employ the services of a third-party bill payment service provider (“BPSP”) in connection with our online bill payment (“OBP”)

    A. “OBP” definitions:

    ·         “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 BPSP 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 BPSP fees will be automatically debited.

    ·         “Scheduled Payment Date” – is the day, the BPSP will begin processing your payment, 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 BSPS but has not begun processing

     

    B. Payment Scheduling:

    OBP Transactions begin processing on your Scheduled Payment Date.  When scheduling payments you must select a Scheduled Payment Date that is before the actual Due Date, not the late date or the grace period.

    ·         Expedited Delivery Fees

    o    Next day check - $14.95

    o    2 day check - $9.95

    o    2 day ACH - $4.95

    ·         Gift

    o    Gift check - $2.99

    o    Donations - $1.99

     

    C. Payment Authorization and Payment Remittance:

     By providing the BPSP with names and account information of Payees to whom you wish to direct payments through the OBP Services, you authorize the BPSP to follow the Payment instructions that it receives through the OBP Services.  In order to process payments more efficiently and effectively, the BPSP may edit or alter payment data or data formats in accordance with the Payee directions.

     

    When the BPSP receives a Payment Instruction, you authorize the BPSP to debit your Payment Account and remit funds on your behalf so that the funds arrive as soon as reasonably possible after the Scheduled Payment Date designated by you.  You also authorize the BPSP to credit your Payment Account for payments returned to the BPSP by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the BPSP.

     

    The BPSP will use its best efforts to make all your payments properly.  However the BPSP shall incur no liability if the BPSP is unable to complete any payments initiated by you because of the existence of one or more of the following circumstances:

    ·         If , through no fault of the BPSP, 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 BPSP about the malfunction before you execute the transaction

    ·         You have not provided the BPSP with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and /or

    ·         Circumstances beyond the control of the BPSP (such as, but not limited to, fire, flood, or interference from an outside source) prevent the proper execution of the transaction and the BPSP has taken reasonable precautions to avoid those circumstances.

    ·         If your funds are being held or frozen or are subject to legal proceedings

    ·         If the funds in the Deposit account are unavailable ( funds are only conditionally credited until they become available for withdrawal)

    ·         If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized

    ·         If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer.

    ·         If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (such as, certain types of savings accounts, including money market deposit accounts).

    ·         If the Deposit Account has been closed

    ·         There may be other exceptions stated in this or any other applicable agreement that we may have with you.

     

     D. Methods

    BPSP reserves the right to select the method in which to remit funds on your behalf to your Payee.  These payments may include, but may not be limited to:

    ·         An electronic payment

    ·         An electronic to check payment

     

    E. Payment Cancellation Request

    You may cancel or edit any Scheduled Payment (including recurring payments) by following directions within the application.  There is no charge for canceling or editing a Scheduled Payment.  Once the BPSP has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

    F. Stop Payment Request

    ·         The BPSP’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared.  The BPSP 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 us.  Although we will make every effort to accommodate your request we will have no liability for failing to do so. Stop Payment – subject to certain limitations, you may order us to stop payment on any check, automated clearing house/pre-authorized electronic funds transfer (“ACH/EFT”), or other items payable from your Account, whether drawn or authorized by you or any other account holder as follows:

    o    Stop Payment Against a Check or Other Item.  A stop payment request against a check or other item payable from your Account will be effective if we receive the order at such time and in such manner as to afford us a reasonable opportunity to act upon the order.  A stop payment order against a check or other item payable from your Account is effective for six (6) months.  Orders executed online are considered signed under E-Sign Act.   A stop payment order against a check or other item payable from your Account may be renewed for additional six (6) month periods if renewed during a period within which the stop payment order is effective.

    o    Stop Payment against an ACH/EFT.  Cannot be executed online, to request this type of stop payment contact us by phone at 888-529-5450 or visit any of our Banking Centers. .

    ·         All stop payment order requests will require you to provide the date, the amount, and the number of the item or authorization, together with the name of the payee.  If you give us incorrect information, we will not be liable for failing to stop payment on the item or authorization. Our acceptance of a stop payment order will not constitute a representation that the item or authorization has not already been paid or that we have a reasonable opportunity to act upon the order.  You may not stop payment on an official, certified, cashier’s, or teller’s checks issued by us, or request us to stop payment if we have otherwise become accountable for the item or authorization.  In addition, you may not stop payment on checks governed by a separate agreement, such as a check guaranty agreement.  Further you may not stop payment on an item or authorization after acceptance of the same by us.

     

    G. Prohibited Payments

    Payments to Payees outside the United States or its territories are prohibited through the BPSP and our OBP Services.

     

    H. Exception Payments

    Tax payments and court ordered payments may be scheduled through the BPSP; however such payments are discouraged and must be scheduled at your own risk.  In no event shall the Bank nor the BPSP be liable for any claims or damages resulting from your scheduling of these types of payments.  The BPSP has no obligation to research or resolve any claim resulting from an exception payment.  All research and resolution for any misapplied, misposted or misdirected payments will be the sole responsibility of you and not of the Bank nor of the BPSP.  This Agreement and the Contract does not alter your liability or obligations that currently exist between you and your Payees.

     

    I. Failed or Returned Transactions

    If we or the BPSP is unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed.  In some instances, you will receive a return notice from the BPSP.  In such case, you agree that:

    ·         You will reimburse the Bank immediately upon demand the transaction amount that has been returned to the Bank

    ·         You will reimburse the Bank for any fees imposed by your financial institution as a result of the return.

    ·         You will reimburse the Bank for any fees it incurs in attempting to collect the amount of the return from you

    ·         The Bank is authorized to report the facts concerning the return to any credit reporting agency. 

     

    J. Payee Limitation

    The Bank or BPSP reserves the right to refuse to pay any Payee to whom you may direct a payment.  The Bank or BPSP will notify you promptly if it decides to refuse to pay a Payee designated by you.  This notification is not required if you attempt to make a payment the Bank or BSBP deems prohibited under applicable law.

     

    K .Return Payments

    In using the OBP Services, you understand that Payees and/or the United States Postal Service may return payments to the BPSP or Bank for various reasons such as, but not limited to:

    ·         Payee’s forwarding address expired

    ·         Payee account number is not valid

    ·         Payee is unable to locate account

    ·         Payee account is paid in full

    The Bank and BPSP will use our best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account.  You may receive notification from us or the BPSP.

    5. Pay a Person (P2P)

    A. Outline of Pay a Person Service

    You may schedule payments through Online Banking to individual people using their routing number and account number, email address, and/or mobile phone number for amounts owed from any checking account.  Payment amount limitations and transaction fees may apply.

     

    There is no limit to the number of payments that may be authorized through the P2P.  You may pay anyone but the recipient has to have a United States bank account, including United States territories.  INTERNATIONAL PAYMENTS ARE STRICTLY PROHIBITED.   By furnishing us with the names of your contacts and their mobile phone and email addresses, you authorize us to follow the payment instructions to these payees that you provide us via Online Banking.  The Bank is not responsible for inaccurate or incomplete payment instructions or contact information entered by you.   The pay a Person Services intended only for your use.  Any attempt to use the Pay a Person Service to process payments for third parties is prohibited and grounds for termination of said service.

     

    B.  Duty to Monitor Payments

    We do not have any duty to monitor the payments that are made through the Pay a Person Service. You assume the entire risk of loss and agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with your use of the Pay a Person Service.

     

    C. Stop or Change Instructions

    You have the right to stop or change any scheduled pay a person payment.  However, you must cancel the payment before it is claimed by the recipient by using the Pay a Person Service.  Pay a Person payment sent in real time cannot be canceled or stopped.

     

    D. Scheduling and Payment Processing

    When you submit a Pay a Person payment, we will send instructions to the recipient on your behalf via email on how to claim the funds.  You as a sender dictate how the instructions are delivered by us to the recipient.  A hold will be placed on your account in the amount you requested to be sent on your Pay a Person account.

     

    We will not be obligated to process a Pay a Person payment unless your funding account and/or associated reserve plan has sufficient funds to pay the amount at the time you initiate it.  Once initiated by you, we will verify available funds however there is not additional fund verification at the time the recipient claims the funds and your account may become overdrawn.  Any standard fees applicable including non-sufficient funds (NSF) and overdraft (OD) fees, and interest charged on your reserve apply to these transactions.

     

    Although you can enter payment instructions through Online banking 7 days a week, 24 hours a day, excluding maintenance and other availability windows, payments will be processed on Business Days.

     

    Since there is a possibility that your payment will be claimed by the recipient for up to 10 days, you should make sure there are sufficient available funds in the selected Pay a Person account to fund payment over the 10 day period.

     

    E. Transaction Limits and Fees

    Pay a Person has a daily transaction limit of $2,500.00 

    We reserve the right to terminate your access to the Pay a Person Service and we reserve the right to modify the limitations of the dollar amount that you transmit through the Pay a person service from time to time.

     

    F. Accounts Accessible By More Than One Person

    Joint account holders may use the same account as their funding account for their individual Pay a Person Service.  As such, each account holder has the same right of access to account activity such as notifying us of suspected loss or fraud or canceling the Pay a Person Service.  Each such owner may individually enroll in the Pay a Person Service and each such enrolled person needs a unique User Id and password.  Each such person will have his/her own contact list and payment history.

     

    G. Termination of Pay a Person Service

    If you have the Pay a Person Service and do not send or receive funds via the Pay a Person Service for any three (3) month period, we may terminate your Pay a Person Service.  Additionally, if you close your current Pay a Person Account within thirty (30) days, you must notify us and designate a new deposit account that will be your Pay Person Account or we may terminate your Pay a Person Service.  If we terminate your Pay a Person Service, your online payment information will be lost and all pending payments will be canceled.  If you decide to terminate the Pay a Person Service, please call Customer Service at 888-529-5450.  Termination of the Pay a Person Service will not automatically close your Eligible Accounts.

     

    6. Mobile Banking

     

    The same credentials (Login ID and Password) that are in place for your Primary Online Banking service shall also apply to Mobile Banking.

     

    Before using Mobile Banking, you must both (a) consent to receive notices and disclosures electronically, and (b) read and accept this agreement.  You must evidence that consent and acceptance by selecting the button declaring your acceptance as part of your enrollment in Mobile Banking.  In addition, you agree you are deemed to automatically renew that consent and acceptance each time you log in as a user of Citizens State Bank Mobile Banking and use Mobile Banking to conduct any transaction.  The current version of this agreement can always be viewed online through your Primary Online Banking service.

     

    A. Consent to Receive Disclosures and Notices Electronically

     By accepting this agreement, you consent to receiving notices and disclosures concerning Mobile Banking, Primary Online Banking, and your enrolled bank accounts electronically including by mobile phone ( e.g. SMS or other text message) or e-mail ( each of the foregoing being an “electronic address”).  You must enter your electronic address for such disclosures and notices when first enrolling in Mobile Banking.  You are solely responsible for immediately updating your electronic address if it changes.  You must update your electronic address by logging into your Primary Online Banking service, accessing the electronic page for managing your email address and entering your new electronic address.  If you need assistance updating your electronic address, you may call the Customer Service Center at Citizens State Bank at 888-529-5450.  All disclosures and notices by us shall be deemed given and received by you immediately upon being sent to the electronic address you have most recently updated.  Many disclosures and notices may also or instead appear in one or more of your bank account statements   Unless specifically required by law, we are not obligated to provide any disclosure or notice to you by regular mail or by any means other than electronic transmission.  You may without charge, withdraw your consent to receiving notices and communications electronically by calling our Customer Service Center at Citizens State Bank at 888-529-5450, but in that event we can terminate your Mobile Banking service. .

     

    Receiving electronic disclosures and notices on your Mobile Devices requires that your Mobile Device be an Internet-enabled Mobile Device that supports 256-bit encryption.  In order to keep notices and disclosures sent to you electronically, you must have the ability to save them to your Mobile Device or computer, or to print them.  You may also request a paper copy of an electronic notice or disclosure at no additional charge by calling our Customer Service Center at Citizens State Bank at 888-529-5450.

     

    B. Mobile Banking Functions

    To access Mobile Banking service and functions, your Mobile Device must be Internet enabled and connected to the Internet through your mobile communications service provider.  You must be enrolled in both a Primary Online Banking service and our Mobile Banking service.  You must enroll the particular Mobile Device(s) that you wish to use with Mobile Banking.  You must also un-register any Mobile Device(s) that you may no longer wish to be capable of using with Mobile Banking.

     

    When you access Mobile Banking with your Mobile Device, you will see a menu of available Mobile Banking functions (e.g., view balances; view or search for transactions; locate branches; execute specific types of internal or external funds transfers; etc.)  From time to time we will add, and may modify or delete particular Mobile Banking functions or geographic areas served by Mobile Banking.  We may make such changes in functions or geographic service with or without prior notice.  We reserve the right to refuse to make any transaction that you may request through Mobile Banking.

    Not all functions that are described in your Primary Online Banking Agreement or available at your Primary Online Banking service website are available with Mobile Banking.  All terms and conditions in your Primary Online Banking agreement or on your Primary Online Banking service’s website that limit or govern your use of Primary Online Banking functions will also limit and govern your use of those functions through Mobile Banking.

     

    C. Mobile Banking Service Availability

    We will use reasonable efforts to make Mobile banking service available for your use on a continuous basis.  We do not guarantee functionality of Mobile Banking services ( or any Mobile Banking Software) on all Mobile Devices, on all communications networks, in all geographic regions , or at all times.   Mobile Banking service may be temporarily unavailable for regular or emergency system maintenance.  We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time.  In addition, your accessibility to the Mobile Banking service may be interrupted because of conditions beyond our control, including outages in Internet availability.  We will use commercially reasonable efforts to re-establish Mobile Banking services in those instances, but we do not promise the Mobile Banking service will always be available for your use.  We may elect to discontinue Mobile Banking (or any of the services that we provide, from time to time, through Mobile Banking) at any time.  If we choose to discontinue Mobile Banking, we will provide you with reasonable notice.  In case of a disaster, your Mobile Banking may be suspended in order to allow emergency and responding personnel to use the cellular networks.  In no event, regardless of cause, shall we be liable to you for unavailability of Mobile Banking services, or your inability to access Mobile Banking or to execute Mobile Banking functions.

     

    D. Fees Charged by Citizens State Bank

    Currently, we charge no fees to enroll in or use Mobile Banking.  However, we may assess fees  (a) set forth in the other agreements, disclosures or fee schedules for particular banking products or accounts ( such as overdraft, or funds transfer fees), of ( b) for products and services that you may purchase through Mobile Banking.  We reserve the right to institute or change fees for Mobile Banking after sending you prior notice. See section entitled “Amending this Agreement or Fees.”

     

    E. Mobile Device and Mobile Communications

    You are responsible for providing your own Mobile Device that supports 256-encryption.  Mobile Banking users must download, install and use certain software systems and programs developed by us, our licensors or other third parties.  We are not responsible for any damage to your Mobile Device resulting from those activities, and you will be engaging in those activities at your own risk.  To download Mobile Banking Software, please follow the instructions found in the Mobile Banking section of your Primary Online Banking site.  Depending on its make and model, your Mobile Device may need to be capable of receiving an SMS text message to initiate the download.

     

    You are responsible for obtaining your own mobile communications service provider.  Your mobile communications service provider may charge you for Internet-related use and for text (SMS) messages, so please see your mobile carrier for further details about its charges.  You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties while using Mobile Banking.  We are not party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your mobile communications service provider agreement, or (ii) any Mobile Device, hardware, software or other any product or service you may purchase from others relating to your use of Mobile Banking.  This Agreement does not amend or supersede any agreements that you may have with third parties ( such as your Mobile Device supplier and your mobile communications service provider), and you remain subject to all terms, fees, costs, other charges, limitations and restrictions in those agreements with third parties.  Your Mobile Device supplier and your mobile communications service provider are responsible for their products and services.  You agree that any problems you may have concerning those companies products, services or agreements shall be resolved by you directly with them, and without involving us.

    Your Mobile Device may become subject to unauthorized tracking, “hacking” or other manipulation by spyware, viruses, or other malicious code (“malware”).  We are not responsible for advising you of the existence or potential effect of any malware.  Your use of your hardware and software is at your own risk.

    F. Export Controls

    Software programs, materials, tools, and technical data may be subject to U.S. export controls supplemented by your Primary Online Banking Agreement’s provisions regarding disclaimers of warranties, limitations on our liability, indemnity, amendments, dispute resolution terms and procedures, and definitions.   For consumer customers, this Agreement is also subject to consumer protection provisions in the (personal) Online Banking Agreement, including limitations on consumer customer’s liabilities for unauthorized transfers, and contacting us concerning questions or errors.  In the event of any specific conflicts between this Agreement and the terms of your Primary Online Banking Agreement, the terms of this Agreement will govern.

    In addition, each deposit account or credit account that you access using Mobile Banking, and each transaction made in such accounts using Mobile Banking, remains subject to the general terms, condition, and agreements governing those accounts ( e.g. as applicable, the deposit account agreement, credit cardholder agreement, line of credit agreement, etc. )

     

    G .Amending this Agreement or Fees

    We may amend this Agreement at any time by sending notice as described in your Primary Online Banking Agreement; provided, however, that this Agreement governs our right to provide you with that notice electronically.  You may choose to accept or decline the change.  By continuing to use Mobile Banking after the effective date stated in the notice, you are deemed to accept that change.

     

    H. Lost or Stolen Mobile Device or Password: Unauthorized Transactions

    If you believe your Mobile Device, user name (Login ID), password, or other approved access device has been lost or stolen, or that someone has transferred or may transfer funds from your account without your authorization, contact us AT ONCE at Citizens State Bank at 888-529-5450.  For additional information regarding your rights and responsibilities regarding unauthorized transactions, please review your Primary Online Banking Agreement and the applicable agreement(s) governing the affected deposit account or credit account.

     

    I. In Case of Errors or Questions about Your Account

    In case of errors in or questions about your deposit or credit accounts, contact our Customer Service Center at Citizens State Bank at 1-800-529-5450.  For additional information regarding your and our rights and responsibilities regarding errors in or questions about your accounts and how such errors and questions are processed, please review your Primary Online Banking Agreement and the applicable agreements(s) governing the affected deposit account or credit account.

    For questions or concerns about the Mobile Banking service itself, you may call us at Citizens State Bank at 888-529-5450 or by mail at:

    Citizens State Bank

    1238 Broad Street

    New Castle, IN 47362

     

     

    7. Financial Management Services (Mobile)

    This Account Aggregation Agreement explains the additional terms and conditions governing the Account Aggregation Services offered through the Citizens State Bank Mobile Banking service

     

    A. Acceptance of Agreement

    By using the Account Aggregation Service you agree to abide by the terms and conditions of this Account Aggregation Agreement, in addition to the terms and conditions disclosed in the Mobile Banking agreement and other agreements that govern your accounts. Additionally you agree to accept the terms and conditions of this Account Aggregation Agreement including any future amendments to the agreement or changes in the terms.

     

    We may change this Account Aggregation Agreement at any time. For example, we may add, delete or amend terms or services.  We will electronically notify you of such changes.  If you use the Account Aggregation Agreement after the effective date of a change, your use indicates that you agree with the change(s).

     

    B. Authorization

    You authorize Citizens State Bank and its service providers to access the third-party web sites and accounts you designate to retrieve account information on your behalf, and you appoint us as your agent for this limited purpose.  In addition, you hereby grant Citizens State Bank and its service providers as your true and lawful attorney-in-fact, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party web sites, retrieve account information, and use your information, for the purpose of accessing your accounts and operating the Service, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.

     

    You agree that third-party providers are entitled to rely on the authorizations, agency and power of attorney granted by you to us when you accepted the terms and conditions of the Account Aggregation Agreement.

     

    YOU AGREE AND ACKNOWLEDGE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THE THIRD PARTY WEB SITE, WE ACT AS YOUR AGENTS, AND NOT THE AGENTS OR ON BEHALF OF THE THIRD PARTY.

     

    C. Account Ownership and Authority

    You represent that you are a legal owner of the accounts at the third party web sites that you include in the Service and that you have the authority to designate us as your agent, use the Service, and give us your passwords, usernames and all other information that you provide to us.

     

    D. Balance and Other Information

    You understand that the account balance and other information reflected in the Service will be effective as of the most recent system update.  The information may not be accurate if the update was not successfully completed or the information obtained during the update from the third party is otherwise not accurate or current.  Data and other information is provided for informational purposes only, and is not intended for trading or transactional purposes.

     

    E. Alert Service

    The alerts service enables you to receive a notice via email or other devices concerning available information in your third party accounts.  You can set alerts for each of your third party accounts registered on the Financial Dashboard.  You are responsible for determining the criteria that governs the alert and the alert will be sent to you based upon the instructions you provide to us.   Your instructions are neither reviewed nor verified by Citizens State Bank prior to or following activation of any alert.  At any point, you can enable or disable an alert, or delete the alert.

     

    You understand and accept that an alert is transmitted electronically and you acknowledge that you have no expectation of privacy with respect to such information.  You acknowledge that the information in the alert is unencrypted, may include your name and information pertaining to your account(s), and can be accessed, used, or misappropriated by unintended third party recipients.  Citizens State Bank is not responsible for any unauthorized use or misappropriation of any and all information transmitted through the alert.  Additionally, we do no guarantee the delivery or the accuracy of the contents of each alert.  You acknowledge and agree that delivery of an alert may be delayed or prevented by factor(s) outside our control and we shall not be liable for any losses or missed opportunities incurred by you due to the delayed, non-delivery or misdirected delivery of an alert.

     

    This service is provided as a convenience to you for information purposes only.  Citizens State Bank reserves the right to terminate its alert service at any time without prior notice to you, and shall not be liable for any direct, indirect, special, incidental, or consequential damages caused by:

    ·         Non-delivery, delayed delivery, or the misdirected delivery of an alert;

    ·         Inaccurate or incomplete information in an alert;

    ·         Your reliance on or use of the information provided in an alert for any purpose.

    We do not currently impose a fee for this service by Citizens State Bank retains the right to charge fees at a later date if we provide you with a notice of such change-in-terms

     

    F. Other Agreements

    Using the Service will also be affected by the agreements between us and you for your Citizens State Bank deposit accounts, credit cards, and loans, including the Banks’s Deposit Agreement, and the Account Terms Disclosure(s) for your accounts.  Using the Service does not change the agreements you already have with us on those accounts.  You should review those agreements for any applicable fees, for limitations on the number of transfers you can make, and for other restrictions that might impact your use of an account with the Service.  The terms and conditions of any other such agreements govern the terms and conditions of this Account Aggregation Agreement except that in the event of a conflict, the terms and conditions of this Account Aggregation Agreement shall govern; provided, however, that in the event of a conflict between the terms and conditions of this Account Aggregation Agreement and the Mobile Banking and Online agreement, the terms and conditions of the Online and Mobile banking shall govern.

     

    G. Updating Records

    You agree to promptly update your registration records if your email address or other information changes.  You may update your records, such as your email address, by selecting the “Edit your Profile” section within the Account Aggregation Service.  You are responsible for the accuracy of all of the information you input, and agree that we may rely on the information you provide, without further verification, when processing requests you initiate through the Service.

     

    YOU AGREE THAT CITIZENS STATE BANK SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION YOU HAVE PROVIDED TO US.

     

    H. Cancellation

    Your service remains in effect until it is terminated by you or Citizens State Bank.  You may cancel your service at any time by notifying us of your intent to cancel in writing, through Online Banking Center email, or by calling your branch, and your service will be cancelled after Citizens State Bank has had a reasonable opportunity to act upon your cancellation request.   You agree to use the Account Aggregation Service only for bona fide lawful purposes.  We may suspend or terminate your participation in the Service for any reason, at any time.  We will try to notify you in advance, but we are not obliged to do so.

     

    We shall have no obligation to honor any instruction, in whole or in party that:

    ·         Is or we reasonably believe is used for any illegal or improper purpose or activity

    ·         We have reason to believe may not be authorized by you.

    ·         Would violate any law, rule or regulation applicable to us, the Account Aggregation Service, you or any other party

    ·         Is not in accordance with any other requirement stated in this Account Aggregation Service or Online and Mobile agreements, or any other applicable agreement with us, or any of our policies, procedures or practices; or

    ·         For our protection or yours, we have reasonable cause not to honor.

    We reserve the right to refuse to honor an instruction or suspend or terminate your Service, in whole of in part, at any time, with or without cause and with or without notice, and may immediately do so including, without limitation, if:

    ·         We have reason to believe that your account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your password; or

    ·         We believe your service is not being used for its intended, bone fide and lawful purposes under this Account Aggregation agreement or Mobile and Online Banking agreement.

    ·         Your account is closed, access to your account is restricted for any reason, or if you do not use this Account Aggregation Service for a period of time after being notified by the Bank.

    ·         Following initial enrollment you do not use the Account Aggregation Service, after being notified by the Bank, we may automatically suspend or terminate the Service without further notice to you.

    Termination will not affect your liability or obligations under this Account Aggregation Agreement or the Online Banking, Mobile banking agreement for actions we’ve taken on your behalf.

     

    I. Access to Account Information for Citizens State Bank Accounts

    You understand and agree that, in order to provide the Service, it is necessary for Citizens State Bank to access other financial institutions, credit unions, and brokerage companies’ Web sites and data bases containing information regarding your accounts and financial relationships as designated by you (“Account(s)”), on your behalf, to retrieve information as requested or authorized by you. By using the Service, you agree to authorize Citizens State Bank to access such Accounts(s) to retrieve information as requested or authorized by you, or for any other purpose authorized by this Agreement.  You represent and warrant that the information you are providing us with is true, correct and complete.  You represent and warrant to us that you have the right to authorize and permit us access to your Account(s), you assure us that by disclosing the information to us and by authorizing us to use such information to access your Account(s), and you are not violating any third party rights.  You hereby authorize and permit Citizens State Bank to use any information submitted by you to Citizens State Bank ( such as account passwords and user names) to accomplish these purposes and to configure the Service to be compatible with the Account(s).

     

    You understand and agree that at all times your relationship with each Account(s) provider is independent of Citizens State Bank and your use of the Service.  Citizens State Bank will not be responsible for any acts or omissions by the financial institution or other provider of any Account(s), including without limitation any modification, interruption or discontinuance of any Account(s) by such provider.

     

    J. Liability

    You agree that we are not liable for any errors or delays in the information provided by the Service, or for any actions taken in reliance thereon.  The Service provides links to selected institutions for your convenience only.  We do not endorse or recommend the service of any institution.  The institution you select is solely responsible for its services to you.

     

    When using the Service, you have the ability to directly connect to a third party web site.   Transactions and inquiries you initiate at such a site are not made through the Citizens State Bank Account Aggregation Service, and we have no responsibility for such transactions.  You are responsible for all fees charged by the third party in connection with such transactions and accounts, and you agree to comply with the terms and conditions of those accounts.  If you have a dispute or question about any transactions on such site, you agree to direct your questions to the account provider. 

     

    YOU AGREE THAT CITIZENS STATE BANK SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF:

    ·         CITIZENS STATE BANK’S ACCESS TO THE ACOUNT(S)

    ·         CITIZENS STATE BANK’S RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD PARTY ACCOUNT PROVIDER OR ITS WEBSITES

    ·         ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION PROVIDED BY THE THIRD PARTY ACCOUNT PROVIDER

    ·         ANY CHARGES IMPOSED BY THE THIRD PARTY ACCOUNT PROVIDER;AND

    ·         YOUR USE OF THE SERVICE

     

    We are not responsible for any Internet access, Internet Service Provider, financial software or other product or service relating to your computer or the World Wide Web or your telephone or telephone service.  We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Service.  Without limiting the generality of the wording above, we are not responsible for any loss, damage or injury resulting from an interruption in your electrical power or telephone service; the disconnection of your telephone service by your telephone company or from deficiencies in your line quality; or any defect or malfunction of your computer, modem, or telephone service.

     

    K. Links to Third Party Sites

    Citizens State Bank web site may contain links to other Web sites (“Linked Sites”).  Such links are provided solely as a convenience for you.   While Citizens State Bank will attempt to select and provide links to Linked Sites that it believes may be of interest to its customers.   Citizens State Bank does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites.  You acknowledge and agree that Citizens State Bank, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and make no representations or warranties regarding the Linked Sites or your use of them.

     

    L. No Unlawful or Prohibited Use

    As a condition of using the Service, you warrant to Citizens State Bank that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation.  You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.  You agree that these representations or warranties will remain in full force and effect even if this Agreement terminates for any reason.

     

    M. Exclusion of Warranties

    THE ACCOUNT AGGREGATION SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES.

    Some jurisdictions do not allow the exclusion of certain warranties.  Accordingly, some of the above limitations may not apply to you.

     

    N. Indemnity

    You agree to indemnify and hold harmless Citizens State Bank, our subsidiaries and affiliates, successors and assigns, all officers and employees thereof, and our service providers ( “Related Persons”), from any and all third party actions, claims, liability, and damages, and to be responsible for all expenses and costs ( including but not limited to, reasonable attorneys’ fees) caused by or arising from your connection to or use of the Service, your violation of this Account Aggregation Agreement  or the Online Banking and Mobile Banking agreements, or your infringement or violation of the rights of others.  The obligations contained in the preceding sentence will continue after the Service is terminated.  This section does not apply to any cost or damage attributable to Citizens State Bank or our Related Persons’ gross negligence or intentional misconduct.

     

    O. Fee Schedule

    Please refer to the Online and Mobile Banking agreements.

     

     

    8. Mobile Remote Deposit Capture

    This agreement contains the terms and conditions for the use of Citizens State Bank Mobile Deposit and/or other remote deposit capture services that Citizens State Bank or its affiliates may provide to you.  Other agreements you have entered into with Citizens State Bank, including the Depository Agreement and Disclosures governing your Citizens State Bank account, are incorporated by reference and made a part of this agreement.

     

    A.  Services The remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market accounts from your mobile phone by taking a picture of the front and back of the check and delivering the images and associated deposit information to Citizens State Bank or Citizens State Bank’s designated processor.  There is currently NO CHARGE for the services; however Citizens State Bank reserves the right to charge for the Service with proper notice.

     

    B. Acceptance of these Terms Your use of the Services constitutes your acceptance of this Agreement.  This Agreement is subject to change from time to time.  We will notify you of any material change via e-mail or by an online secure message.  Your continued use of the services will indicate your acceptance of the revised Agreement.  Further, Citizens State Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to Services. 

     

    C. Limitations of Service When using the Services, you may experience technical or other difficulties.  We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur.  Services may have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice.  We reserve the right to change, suspend or discontinue the Services, 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.

     

    D. Eligible Items You agree to deposit only checks as defined in Federal Reserve Regulation CC (“Reg CC”).  You agree that the image of the check transmitted to Citizens State Bank shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.  You agree that you will not use the Services to scan and deposit any checks or other items which shall be considered ineligible items.

    ·         Checks or items containing obvious alteration to any of the fields on the front of the check or item, 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 aa financial institution located outside the United States

    ·         Checks or items that are remotely created checks, as defined  in Reg CC

    ·         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 prohibited by Citizens State Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Citizens State Bank account.

    ·         Checks payable to any person or entity other than the person or entity that owns the account the check is being deposited into.

    ·         Checks payable jointly, unless deposited into an account in the name of all the payees.

    ·         Checks payable on sight or payable through drafts as defined in Reg CC.

    ·         Check with any endorsement on the back other than that specified in this agreement.

    ·         Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.

    ·          Checks or items that are drawn or otherwise issued by the US Treasury Department.

     

    E. Image Quality The image of an item transmitted to Citizens State Bank using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association

     

    F. Endorsements and Procedures You agree to endorse any item transmitted through the Services as “CSB Mobile Deposit (followed by your signature), or as otherwise instructed by Citizens State Bank.  You agree to follow any and all other procedures and instructions for use of Services as Citizens State Bank may establish from time to time.

     

    G. Receipt of Items We reserve the right to reject any item transmitted though the Services, at our discretion, without liability to you.  We are not responsible for items we do not receive or for images that are dropped during transmission.  An image of an item shall be deemed received when you receive a confirmation from Citizens State Bank that we have received the image.  Receipt of such confirmation does not mean that the transmission was error free or complete or will be considered a deposit and credited to your account.  We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item.  You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

     

    H. Availability of Funds You agree that items transmitted using the Services are not subject to the funds availability requirements of the Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after Citizens State Bank receives payment for the funds submitted.  Citizens State Bank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Citizens State Bank, in its sole discretion, deems relevant.

     

    I. Disposal of Transmitted Items Upon your receipt of a confirmation from Citizens State Bank that we have received the image of an item, you agree to retain the check for at least 30 calendar days from the date of the image transmission.  During this time the retained check is available, you agree to promptly provide it to Citizens State Bank upon request.  After 30 days, you agree to destroy the check that you transmitted as an image, mark it VOID, or otherwise render it incapable of further transmission, deposit, or presentment

     

    J. Deposit Limits We may establish limits on the dollar amount and/or number of items or deposits from time to time.  If you attempt to initiate a deposit in excess of these limits, we may reject your deposit.  If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.  Our current limits are:

    ·         With good account behavior as determined at our sole discretion; the daily dollar limit for deposits is $2000.00 per business day and $5000.00 per calendar month.

    ·         There is no daily or monthly statement cycle limit on the number of items, as long as the respective dollar limits are not exceeded.  Citizens State Bank may change these limits at any time, in its sole discretion.  

    K. Hardware and Software.  In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Citizens State Bank from time to time.  Citizens State Bank is not responsible 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 and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation.

    L. Errors.  You agree to notify Citizens State Bank of any suspected errors regarding items deposited through the services right away, and in no event later than 60 days after the applicable Citizens State Bank statement is sent.  Unless you notify Citizens State Bank within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Citizens State Bank for such alleged error.

    M. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing upon request and without further cost, all originals or copies of items deposited through the Services in your possession and your records relating to such items and transmissions.

    N. Presentment.   The manner in which the items are cleared, presented for payment, and collected shall be in Citizens State Bank’s sole discretion subject to the Depository Agreement governing your account.

     

    9. Bank to Bank Transfer

    You acknowledge that the Bank may employ the services of a third-party provider to debit and credit entries to your eligible bank account(s) when you instruct us to electronically transfer funds to or from your eligible Bank Account(s) and other eligible account(s) held by you at another financial institution (s), credit union(s) or brokerage companies (the “Other Financial Institutions”) in the United States (“Bank to Bank Transfers).

    Use of Bank to Bank Transfers will also be affected by the agreements between you and the Bank for your accounts maintained with the Bank, including, but not limited to the Bank’s deposit agreement(s) and related disclosures.  Using Bank to Bank Transfers does not change the agreements you already have with the Bank on those accounts.  You should review those agreements for any applicable fees, for limitations on the number of transfers you can make, and for other restrictions that might impact your use of an account with Bank to Bank Transfers.  

    When you elect to use Bank to Bank Transfers, you represent that you have full authorization from any other authorized signer on the eligible Bank or Other Financial Institution(s) accounts (s) to execute this authorization  and that any other authorized signer on the eligible account(s) agrees and understands that the Bank, and any of our processing agents, are authorized to debit and credit entries to the eligible account(s) in accordance with your transfer instruction(s)  under Bank to Bank Transfers.

    A. Eligible Accounts

    The following represents the types of accounts that are eligible for Bank to Bank Transfers:

    ·         Bank checking , savings, and money market accounts;

    ·         Checking, savings, money market, investment and brokerage accounts held at any Other Financial Institution in the United States able to accept ACH transfers.

    B. Ineligible Accounts

    The following represents the types of accounts that are ineligible for Bank to Bank Transfers:

    ·         Individual Retirement Accounts ( “IRAs”)

    ·         401K accounts

    ·         Custodial accounts, including but not limited to  conservatorship, power of attorney, representative  payee and/or  trusts accounts

    ·         Business accounts for which more than one person has check writing privileges

    ·         Certificates of Deposits ( “CDs”) or other time based accounts;

    ·         Loan accounts ( including credit card and equity accounts)

    You may have other accounts that are ineligible for Bank to Bank Transfers due to restrictions by    the Bank or specific to your Other Financial Institution(s).  Please contact us or your Other Financial Institution(s) to verify if your accounts are eligible for this Service.

    C. Account Verification

    The Bank may verify any account you add to Bank to Bank Transfers, and you authorize the Bank to validate the account(s) at your Other Financial Institution(s) using a trial deposit method.  This method requires that two micro deposits are made to you external account and requests that you confirm the amounts deposited.  You must confirm the amount by typing in the values of the deposits provided for on the Bank’s online banking system.  If the entered values match the trial deposit amounts, the account will be approved.

    ·         All accounts requested to be used as part of this Service will be verified in accordance with the procedure described above.  The verification process must be completed by you prior to using  the Service. You will have 10 days after enrolling an account to complete the verification process.  Verification instructions are displayed to you during the enrollment process.

    D. Liability

    You understand and agree that at all times your relationship with each non-Bank accounts(s) provider is independent of the Bank and your use of Bank to Bank Transfers.  The Bank will not be responsible for any acts or omissions by the Other Financial Institution(s) or other provider(s) of any Account(s), including without limitation any modification, interruption or discontinuance of any Account(s) by such provider.  You agree that the Bank shall not be liable for any cost, fees, losses or damages of any kind incurred as a result of:

    ·         Any inaccuracy, incompleteness or misinformation  contained in information retrieved from the Other Financial Institution (s) or any third party account provider;

    ·         Any charge imposed by the provider of any third party account.

    E. Fees And Limits

    There are currently no fees for the Service.  Fees are subject to change.   Transfers are subject to the following limits unless otherwise agreed upon by you and Citizens State Bank.

    Bank to Bank Transfers originated on each and any business day are limited in the following manner:

    ·         Maximum of $2500.00 outbound (debit) and $2500.00 inbound (credit) in aggregate transfers.

    F. Cut off Time

    The cut off time to initiate a Bank to Bank Transfer is 4:00 PM Eastern Standard time.  Your account will be debited and credited on the Business Day after you initiate the transfer.  You recognize that it may take an additional business day for your Bank to Bank Transfer to be reflected in your account balance of the destination account depending upon the Other Financial Institution’s processing rules and cut off times.  For the purpose of this Agreement, our business days are Monday through Friday, excluding holidays.

    G. Additional Limitations

    We reserve the right to limit the types and number of accounts eligible for Bank to Bank Transfers, including the right to refuse to make any transactions you request.  In addition to the limitations elsewhere described in this Agreement, there are frequency limits that apply when transferring funds from a passbook savings, statement savings, or a money market account.  Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers, including transfers you request using the Service, from these types of accounts.  You may make a maximum of six transfers and withdrawals, or a combination of such transfers and withdrawals, per calendar month or statement cycle ( or similar period) of at least four weeks, to another account ( including a transaction account) of yours at the Bank or to a third party by means of a preauthorized or automatic transfer, or telephone ( including data transmission) agreement, order or instruction, or by check, draft, debit card, or similar order made by the depositor and payable to third parties.  If you exceed these limits, we may close the account, impose a fee and/ or change the account to a non-interest bearing demand deposit account and/or close the account.  Each transfer or payment you request through Bank to Bank Transfers from these types of accounts is counted as one of the six limited transfers you are permitted each monthly cycle.  However, payments to your loans at the Bank are not counted toward this limit.  Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited.

    H. Held funds

    If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds being held until the hold expires.

    I. Transfer Cancellation

    You may cancel your Bank to Bank Transfer request any time prior to the cut off time on the day you submit the request by logging into the Bank’s online banking system and cancelling the request. Request for immediate transfers of funds cannot be cancelled.   Future dated or recurring transactions may be cancelled prior to the cut off time on the business day before the settlement or next settlement date of the transaction by logging into the Bank’s online banking system and cancelling the request.  If the status is In Process, Pending, or Processed, you cannot cancel the transfer.

    J. Uncompleted transfers

    A Bank to Bank Transfer will be returned if it cannot be successfully posted to your accounts including, but not limited to:

    ·         An incorrect entered account or ABA number

    ·         Insufficient available funds in the account to be debited and / or credited

    ·         Insufficient minimum available balance

    ·         Exceeding the dollar limit for an individual transaction, daily transfer limit, monthly transfer limit, or pending transfers that have not yet been posted.  Any transfers we have already processed before the cancellation date will be completed.

    It is your responsibility to monitor the status of your Bank to Bank Transfer requests and for ensuring our transactions have been accurately entered and processed as requested.  Any account owner with access to the Bank’s online banking system may sign up for Bank to Bank Transfers and request to link any eligible account(s).  As applicable, the terms of this Agreement will extend to all joint account owners.  Joint owners are subject to the joint tenancy rules contained in your account agreement(s) with the Bank. 

    K. Electronic Disclosures and Notices

    You agree that any notice or other type of communications provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, and any other communications from us concerning your account(s), information about the products and services we offer and other information we believe may be of interest or value to you, may be made electronically by posting the notice on the Bank Services website or by e-mail.  You agree to notify us immediately of any change in your email address.

    L. Services Termination, Cancellation or Suspension

    In the event the Bank experiences a problem with your use of Bank to Bank Transfers at any time including without limitation, the inability to debit any of your Account(s) or to collect with respect to any of your transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Bank to Bank Transfers, immediately and without prior notice to you. You understand and agree that such action is reasonable for the Bank to take in order to protect the Bank from loss.   In the event of such suspension, you may request reinstatement of your Service by contacting the Bank in writing.  The Bank reserves the right in our sole discretion to grant or deny reinstatement of your use of the Bank to Bank Transfers.  In the event the Bank agrees to reinstate you, the Bank reserves the right to , and ordinarily will, reinstate Bank to Bank Transfers in accordance with appropriate per transaction and monthly dollar limits and / or with other restrictions that otherwise might be available to you.  Based upon your subsequent usage of Bank to Bank Transfers, the Bank, in its sole discretion, may thereafter restore your ability to affect transfers subject to such higher limits as may then be in effect.

     

    Your authorization to enable Bank to Bank Transfers from your account(s) remains in full force and effect until the Bank has received notice from you of its termination by performing one of the following:

    ·         Send the Bank a secure message within Online Banking

    ·         Call or visit any branch

    Your access to the Services will be suspended within three (3) business days of our receipt of your instructions to cancel the Services.

    Any transfers we have already processed before the cancellation date will be completed.  The Bank recommends that you cancel any scheduled transfers prior to notifying the Bank that you are cancelling the Service.  You are responsible for any transfers scheduled by you prior to termination that you have not cancelled.  Termination will not affect your liability or obligations under this Agreement or any other related agreements for transfers the Bank processed on your behalf. You will remain responsible for all outstanding fees and charges incurred prior to the date of, or resulting from, termination.  Termination will apply only to the Services and does not terminate your other relationships with us.

     

     You agree to use the Services and products provided under this Agreement only for bona fide and lawful purposes.  The Bank may suspend or terminate your participation in any or all of the Services for any reason and at any time.  The Bank will try to notify you in advance, but we are not obligated to do so.  The Bank shall have no obligation to honor any instruction, in whole or in part, at any time, with or without cause and with or without notice, and may immediately do so including without limitation, the following:

    ·         Your account is, or the Bank reasonably believes is, used for any illegal or improper purpose or activity

    ·         A transaction exceeds the available funds in your account

    ·         The Bank has reason to believe that the instructions may not be authorized by you

    ·         A transaction involves funds subject to a hold, dispute or legal process

    ·         A transaction would violate any law, rule or regulation applicable to the Bank, you or any other party that processes or receives the payment

    ·         A transaction is not in accordance with any other requirement stated in this Agreement or any other applicable agreement with the Bank, or any of the Bank’s policies, procedures or  processes

    ·         The Bank has reasonable cause not to honor a transaction for your protection and the Bank’s

    ·         The Bank has reason to believe your account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your password

    ·         You repeatedly overdraw your Bank account(s)

    ·         Your Bank account is closed, access to your account is restricted for any reason or if you do not use the Service for a period of time after being notified by the Bank.

    ·         Following initial enrollment, if you do not use Bank to Bank Transfers, the Bank may automatically suspend or terminate the service without further notice to you.

    ·         Any payments the BPSP has already processed before the requested cancellation date will be completed by the BPSP.  All Scheduled Payments including recurring payments will not be processed once the BPSP is cancelled.  The Bank or the BPSP may terminate or suspend service to you at any time.

     

    M. Change in Terms, Fees, Services or Products

    From time to time the Bank, in its sole discretion, may introduce, amend, modify, add or delete or remove terms to this Agreement, The Services or products provided thereunder or the fees and charges related thereto ( collectively a “change”).  By using these Services or products when they are changed or added, you agree to be bound by the change to the terms and conditions in this Agreement, and /or the Services and products provided thereunder and fees or charges related thereto.  You also acknowledge that the Bank has no obligation to continue any and all Services and products offered hereunder.  If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer services, you agree that we may notify you of the change in terms by mail or by posting a notice on our website.  You understand that a change to the Services or products provided under this Agreement may render all such prior versions obsolete.  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 more recent revisions and updates with respect to the applications, Services and /or related materials or products provided hereunder.

     

     

    10. Other Terms and Conditions

     

    A.       Browser Security and Hardware Requirements

    The Bank’s Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128-bit encryption.  It is important to verify that a secure connection between your browser and the Internet Banking server has been established before transmitting any confidential account information over the Internet.  This can be verified by an indicator on your web browser.  Netscape Navigator has a key symbol that appears in the lower left corner or the screen.  When the symbol appears “solid” transmitted data is being encrypted.  When this symbol appears “broken”, a secure session has not been established.   Similarly Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted.  When this symbol does not appear, a session is not secure.  To use our Online Banking and the Services, you must have at least one account at the Bank, acquire the mobile telephone or computer hardware and software required to access the Services World Wide Web Access through an Internet Service Provider (ISP), and internet browser that supports a minimum 128 bit encryption standard, firewall hardware or software, anti-virus software and a valid e-mail address.  You are and will remain solely responsible for the purchase, hook-up, installation, loading, operation and maintenance of the Hardware, the Software, the telephone service, and the Internet access service to your PC, and mobile device and for all related costs.  You are solely responsible for scanning the Hardware and Software for computer viruses and other related problems before you use them.

     

    B.       Accounts

    The Services can be used to access only the Bank accounts which you have designated for access by the Services.  You can add, change or delete any of your Bank accounts or User access by completing the required documentation required by the Bank.  If you close or delete the only checking account designated for the Bank’s online banking, you will no longer be able to use the Bank’s online banking and related services.  Access to your accounts through the Services will be based upon the identification of users and authority levels specified by you.  While the Bank implements commercially reasonable methods to prevent unauthorized access to the Services, the Bank cannot provide absolute assurance that unauthorized access will not occur.  As such, you acknowledge and agree that the Bank has no obligation to monitor transactions through the Services to determining that they are made on behalf of the account holder.

    ·         Consumer transaction – if you are an individual, you agree to use our Services only for consumer or personal transactions.  A “consumer transaction” means the use of our Services to electronically transfer funds to or from a consumer account.  A “consumer account” is an account which you own or over which you are authorized to exercise control that is established primarily for personal, family or household purposes.

    ·         Non-consumer transaction – If you are not an individual, including, but not limited to, a sole proprietor, corporation, partnership, limited liability  company, unincorporated business entity or association, then you agree to use our Services only for non-consumer transactions ( for example,, to transfer funds to or from a business account or any account that is not a consumer account) and in addition includes use of the Services if the use is not covered by the Electronic Fund Transfer Act and its implementing Regulation E.  If you are using the Services for non-consumer transactions, you also agree to execute a resolution authorizing the use of the Services.

     

    C.        Passwords; Your Responsibility When Using the User ID, Password, and Multi-Factor Authentication

    In our transactions with us, you acknowledge and accept the obligation to use your User ID, Password and Authentication Method as may be required by us to initiate a secure Services session with us.  You may then use the tools provided by us within the Services.  These authentication methods may change from time to time and must be accepted by you.  

     

    When we commence your ability to access the Services, we will establish access for you by using a temporary Password.  You will be required to change your Password upon your first login.    PASSWORD PARAMETERS:  Your Password must be eight (8) to twenty (20) characters in length and consist of alpha, numeric and special characters. The following special characters may be used: & + _ % @! $ * ~   we require that you create a Password that utilizes both upper and lower case characters.  Your Password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.  We have no responsibility or liability for the determination of your Password.   

    .

    You understand the importance of your role in preventing misuse of your accounts through the Services and you agree to promptly examine your periodic electronic or paper statement for each of your Bank accounts as soon as you receive it. YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL.  USE OF THE PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH THE BANK ONLINE BANKING OR OTHER ELECTRONIC SERVICES.   We are entitled to act upon instructions we receive with respect to the Services under your User ID, Password and Authentication Method.  We have no responsibility for establishing the identity or authorization of any person who uses your User ID, Password and Authentication Method.                                                                                                                         

      The Bank requires the use of authentication methods for the Services, which methods may vary from time to time.  Customer accepts/assumes the obligation to use such authentication methods.  Any change to such methods must be agreed to by the Bank and customer in writing and Customer accepts/assumes all risk of any such change(s) and agrees to indemnify “the Bank” for any losses the Bank suffers as a result.  The Bank undertakes commercially reasonable methods to prevent unauthorized access to the Services and prevent unauthorized or fraudulent transactions; however the Bank cannot provide absolute assurance of the effectiveness of such methods.  You agree to notify the Bank in the event your use of the Services would necessitate a level of security that exceeds that offered by the Services.  If you fail to notify the Bank, you acknowledge and agree that the general current security aspects of the Services are appropriate for your needs and provide you with a commercially reasonable degree of security against unauthorized use. If you discover that your User ID, Password and Authentication Method have been stolen or compromised, you agree to notify the bank immediately.     Notwithstanding our efforts to insure that the Services are secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and can potentially be monitored and read by others.  We cannot and do not warrant that all data transfers utilizing the Services will not be monitored and read by others.

                   

    D.       Fees and Other Charges

    There is no charge for online services.  You will be solely responsible for tariffs, duties, or taxes imposed by a  government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tools tariffs, and other costs for online sessions initiated by you.  There may be other cost and charges associated with your accounts.  Please refer to the Bank’s service charge schedule for details.

     

     

    E.        Business Days

    Business days for the Bank and for the Bank’s online are Monday through Friday, excluding holidays.  You may access the accounts through the Bank’s online 24 hours a day, seven days a week, except that the Bank may perform regular maintenance on our systems or equipment, which may result in errors or interrupted service.  We may also find it necessary to occasionally change the scope of the services.  The Bank cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice. 

     

    F.        Participation by Payees

    Occasionally a Payee may choose not to participate in Bill Pay, or may require additional information before accepting payments.  We will work with these Payees to encourage them to accept an electronic or check payment from the Bank.  If we are unsuccessful, or if we determine that the Payee cannot process payments in a timely manner, we may decline future payments to this Payee.  In the unlikely event this occurs, we will promptly send you a notice. Any obligations that you wish to pay through Online Banking with Bill Pay must be payable in U.S. dollars to a Payee located in the United States.  We reserve the right to restrict categories of Payees to whom payments may be made using the service.  You should not use this service to make:

    ·         Tax payments

    ·         Court-ordered payments

    ·         Payment to settle securities transactions.

     

     

     

     

    G.        Cancelling Your Online Banking

    If you choose to cancel your Online Banking services, any unprocessed payments will be canceled.  We recommend

    That you cancel any scheduled payments within two (2) bank business days from the date we receive your request to discontinue the service.  If you close your primary checking account, or if it’s no longer linked to your service, any unprocessed payments will be cancelled.  If you cancel your Online Banking services, Transfers Outside Citizens State Bank will also be cancelled.  Your Online Banking services will also end if you close all accounts linked to your Online Banking profile.

     

    H.       Joint Accounts

    Access is based upon the type of deposit account arrangement you have with the Bank:

    ·         Individual Accounts – persons with individual accounts may access individual accounts of which they are an owner, and may also access joint accounts for which they are an owner

    ·         Joint Accounts – persons will only be able to access accounts for which they are designated as an owner or signer.  Each joint account holder must enroll separately, and each enrolled joint account holder is jointly and severally liable for all transactions performed by any enrolled joint account holder.

     

    I.         Changes to Agreement

    We may change this Agreement from time to time.  When changes occur they will be delivered electronically at the Log in screen and you will be required to review and agree to the new terms and conditions prior to accessing your account information.  Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of this Agreement without prior notice or obligation to you:

    ·         If the Software or Service Provider changes any term without providing us sufficient notice to enable us to properly notify you

    ·         For security reasons

    ·         To comply with applicable law

    ·         As otherwise expressly provided in this Agreement.

     

     

    J.         Termination

    We reserve the right to cancel or terminate this Agreement or limit your use of the Services at any time and for any reason, at our sole discretion, with or without cause and without prior notice.  Examples of when we may cancel this Agreement and the use of the Services without prior notice include, but are not limited to:

    ·         If you breach this or any agreement we may have with you

    ·         If we have reason to believe that there has been or may be an unauthorized use of your User ID, Password and Authentication Method or account (s);

    ·         If there are conflicting claims as to the funds in any of your account(s)

    ·         If you request us to do so

    ·         If you do not access the Services for a period of one hundred eighty (180) days or longer

    ·         If you have insufficient funds in any one of your Bank accounts; or

    You may cancel your Services at any time by contacting us in writing as described in this Agreement.  Your access to the Services will be suspended within three (3) business days of our receipt of your instructions to cancel the Services.  Termination will not affect your liability or obligations under this Agreement for transactions that have been processed on your behalf.  You will remain responsible for all outstanding fees and charges incurred prior to the date of, or resulting from, termination.  Termination will apply only to the Services and does not terminate your other relationships with us.  If you cancel the bill payment service, all pending and/or recurring bill payments will be automatically canceled.

     

     

    K.       Electronic Mail Service

    You may use the Bank’s online banking to send electronic mail (“e-mail”) to us and to receive e-mail from us.  The e-mail service may not be used to make bank transfers between accounts or to make bill payments from an account.  E-mail transmitted by you to us via the Bank’s online often will not be delivered to us immediately.  If you need to contact us immediately to stop payment, to report an unauthorized use of your Password, to report unauthorized access to an account, or for any other reason, you should call us at 888-529-5450.  We will not be responsible for acting on or responding to any e-mail request made through the Bank’s online banking until we actually receive your e-mail message and has a reasonable opportunity to act.  You should check your e-mail regularly; we will attempt to notify you by e-mail in the event of any technical difficulties or other occurrence that may affect your use of the Bank’s online banking service.

     

    L.        Contact by Citizens State Bank

    No Citizens State Bank employee will contact you via email or phone requesting your Online ID or online password, nor should you provide it to anyone unless you intend to allow that person access to your accounts.  If you are contacted by anyone requesting this information, please contact us immediately at 888-529-5450 or contact a Customer Service Representative at any of our banking offices.

     

    M.     Reporting Unauthorized Transactions

    To the fullest extent permitted by applicable law, you agree to be responsible for all unauthorized or erroneous transactions initiated through the Bank’s online banking.  You have the obligation to immediately notify the Bank if your Password has been lost or stolen, or if someone has transferred funds from your account through The Bank’s online without your permission (or is contemplating to do so).  The following provisions of this Section apply only to your liability for unauthorized electronic fund transfers.  An “unauthorized electronic fund transfer” means an electronic fund transfer from a Deposit Account that is initiated by another person without your authority to initiate the electronic fund transfer(s) and from which you receive no benefit.  The term does not include any Bank online electronic fund transfer that is initiated by a person to whom you furnished your Password, unless you have notified us that electronic fund transfers by that person are no longer authorized and we have had reasonable opportunity to act upon the notification.  We may require that the notice be written.  If your statement shows electronic fund transfers that you did not make, tell us at once.  If you do not tell us within sixty (60) calendar days after the statement was delivered to you, you shall not be entitled to assert a claim against the Bank, nor be entitled to any damages from the Bank, as to say unauthorized transfers. This sixty (60) day limitation is without regard as to the standard of care exercised by the Bank.  If you believe your Password has been lost or stolen or that someone has transferred or may transfer money from a Deposit Account without your permission, call 888-529-5450.  You may also report such a problem to us by speaking with a customer service representative at any of our banking offices during regular business hours, or by writing to:  Citizens State Bank, P.O. Box C, and New Castle, IN 47362-1045.

     

    N.       Account Statements and Documents

    The Deposit Account statements or other notices provided to you by us will notify you of:

    ·         The execution of bank transfers or bill payments and the debits to the Deposit Account made with respect to such bank transfers and bill payments

    ·         Amounts debited by the Bank from the Billing Account or any other account for payment of the services or other charges pursuant to this Agreement. 

    You agree that we will not be required to provide any other notice to you of the execution of bank transfers, bill payments, or debits.  You agree to promptly examine each statement for a Deposit Account and to promptly report any discrepancies between your records and the Deposit Account statements or any other notices mailed by the Bank to you.

     

    O.       Ownership of Materials

     

    You agree that Citizens State Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s).  Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement.  Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services.  Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Citizens State Bank’s business interest, or (iii) to Citizens State Bank’s actual or potential economic disadvantage in any aspect.  You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.   You agree that Citizens State Bank may employ the services of third-party providers in connection with the Services and you agree to be bound by the terms and conditions of our agreements with those third-party providers.  Furthermore, you acknowledge and agree that the third-party providers are no agents of Citizens State Bank and that Citizens State Bank and the third-party providers are independent contractors operating at arm’s length.

     

    11. Additional Provisions Applicable Only to Consumer Accounts

     

    A. In Case of Errors or Questions About Your Electronic Transactions

    Send us a secure online mail message or call us at 888-529-5450 or if you have questions specifically about debit card transactions you can contact Shazam Dispute Services at 833-288-1126.

     

    You may also write us at:

    Citizens State Bank

    1238 Broad Street

    New Castle, IN 47362

     

    Contact us immediately if you think:

    ·         Your statement or transaction record is wrong

    ·         You need more information about a transaction listed on your statement

    ·         An unauthorized person has discovered your Online Banking passcode.

    ·         Someone has transferred or may transfer money from your account without your permission.

    ·         Bill payment transactions have been made without your authorization.

    We must hear from you no later than 60 days after we have sent the FIRST statement on which the problem or error appeared.  If you tell us verbally, we may require you to send us your complaint or question in writing or via email within ten (10) bank business days (Online Banking customers may use secure online mail).  When you contact us, please provide the following information:

    ·         Your name and account number

    ·         The date and dollar amount of the transaction in question.

    ·         The name of the Payee if the transaction in question is a payment.

    ·         A description of the transaction about which you are unsure.

    Please explain as clearly as you can why you believe there is an error or why you need more information.

     

    We will tell you the results of our investigation within 10 bank business days after we hear from you, and we will promptly

    Correct any error we have made.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  In this case we will provisionally credit your account within 10 bank business days for the amount you think is in error, so that you 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 your letter in 10 bank business days, we reserve the right not to provisionally credit your account.

     

    If we conclude there was no error, we will send you a written explanation within three (3) bank business days after we complete our investigation.  You may request copies of the document(s) we used in our investigation.

     

     

    B. Limitation of Liability for Online Banking Transactions

    Tell us at once if you believe your Online Banking passcode has been compromised or if someone has transferred or may transfer money from your account without you permission.  The best way to minimize your loss is to call us immediately.  The unauthorized use of your Online Banking services could cause you to lose all your money in your accounts, plus the amount available in your overdraft protection plan.

    You will have no liability for unauthorized transactions if you notify us within 60 days after we have sent the statement on which the problem or error occurred.  If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60 day period, if we can show that we could have stopped the transaction if you had notified us in time.  If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.  

    When you give someone your Online Banking ID and passcode, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using the service.  All transactions that person performs even those transactions you did not intend or want performed are authorized transactions.

    Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.

     

    For your protection, sign off after every Online Banking session and close your browser to ensure confidentiality.

    Note:  These liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts.  Please see the agreement you received with your Debit or ATM card and the Online Banking Agreement for further information.

     

     

     

     

    C. Our Liability for Failure to Complete Transactions

    If we do not complete a transaction to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages.  However there are some exceptions.  For instance, we will not be liable:

    ·         If, through no fault of ours, you don’t have enough available funds in your account (or available funds under your overdraft protection plan), or credit to cover the transaction or transfer.

    ·         If Online Banking services weren’t working properly, and you knew about the malfunction when you started the transaction or transfer.

    ·         If circumstances beyond our control ( such as  a fire or flood) prevented the transaction or transfer, despite reasonable precautions we’ve taken

    ·         If there are  postal delays or processing delays by the Payee

    ·         There may be other exception not specifically mentioned.

     

     

    D. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.  YOU AGREE YOUR USE OF THE 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 NONINFRINGEMENT.  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 SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.  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 PRODUCT INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY OT USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM , WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF CITIZENS STATE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

     

    12. Additional Provisions Applicable Only to Business Accounts

     

    A. Protecting Passcodes

    You agree that we may send notices and other communications, including passcode confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual.  You further agree that Citizens State Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.  You agree to:

    ·         Keep your passcode secure and strictly confidential, providing it only to authorized signers on your account.

    ·         Instruct each person to whom you give your passcode that he or she is not to disclose it to any unauthorized person

    ·         Immediately notify us and select a new passcode if you believe your passcode may have become known to an unauthorized person.  Citizens State Bank will have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. 

    We may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner.  This section applies to all Online Banking passcodes, including those assigned to users or Administrators.  You are responsible for all transactions performed by you and any designated user(s), including Administrator(s), whether you specifically authorize the transactions or not.  If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized

     

     

    B.  Acknowledgement of commercially Reasonable Security Procedures

    By using Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable.  You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).

     

     

    C. Limitation of Bank’s Liability

    If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions.  We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other.  If we make a payment or transfer in an erroneous amount that exceeds the  amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a  reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days’ interest.  If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where Citizens State Bank is headquartered for each day interest is due, computed on the basis of 360 day year.  Unless otherwise required by law, in no event will Citizens State Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits  or attorney’s fees, even if we are advised in advance of the possibility of such damages.