Online Banking Agreement

ONLINE BANKING AND MOBILE BANKING AGREEMENT AND DISCLOSURE

Community Bank& Trust of Florida (CBTFL) strives to provide you with the highest quality Online Banking and Mobile Banking (the “Services”) available. By enrolling in the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the “Agreement”).

We may offer additional Online Banking and Mobile Banking services and features from time to time. Any added Service(s) and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Service or feature is added and/or at the time of enrollment for the feature or Service if applicable. These terms and conditions may be modified or cancelled from time to time without notice, except as required by Law.

 

Definitions:

The following words used in this Agreement have the meanings given below:

“Account(s)” means your eligible Community Bank & Trust of Florida savings, checking, money market, certificate of deposit, loan or other product information which can be accessed through Online or Mobile Banking.

“Agreement” means this Online Banking and Mobile Banking Agreement.

“Device” means a supportable mobile device including a cellular phone, smart phone, or other mobile device that is web‐enabled. Your wireless carrier may assess fees for data, text messaging, or web services. Please consult your wireless plan provider for details.

“Mobile Banking” means accessing Online Banking for banking services through the Mobile Banking Application by the use of a Device or through https://www.cbtfl.com

“Online Banking” means the banking services including information, communication and transactions accessible from a computer or any device using a secure login and password.

“Service(s)” means Community Bank & Trust of Florida Online Banking and Mobile Banking services.

“We,” “Us,” “CBTFL,” “Our,”and “Bank” means Community Bank & Trust of Florida and its successors or assigns.

“Website” means Community Bank & Trust of Florida’s website: https://www.cbtfl.com

“You” and “Your(s),” means each person with authorized access to your Account(s) through Online Banking.

 

Agreement:

This Agreement contains the terms that govern your use of the Community Bank & Trust of Florida Online Banking and Mobile Banking application services and it includes certain disclosures for electronic funds transfers. Other agreements that you have entered into with the Bank, including your checking, savings, other deposit and loan agreements, are incorporated by reference and made a part of this Agreement. If there is a conflict between the terms and conditions of this Agreement and one contained in the other agreements between us, this Agreement will control.

When you use our Services or you permit any other person to use our Services, you are agreeing to the terms and conditions we have set out in this Agreement. Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications which are acceptable to the Bank. All electronic communications that meet these requirements will be deemed valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.

Your accounts will continue to be subject to the agreements otherwise governing them, except where it is noted in this Agreement. Additionally, each account will be subject to the following:

  • The terms or instructions appearing on a screen when using Online Banking or Mobile Banking
  • CBTFL rules, procedures and policies applicable to each account
  • The rules and regulations of any fund transfer system used in connection with Online Banking or Mobile Banking and all applicable state and federal laws and regulations

 

Online Banking Access:

Depending upon the particular features of the equipment and software used, you may be allowed access to your Account(s), that you have selected to access through Online Banking, through the Website to obtain balances, transaction history, downloads and other information; initiate funds transfers, loan payments, advance requests and stop payments; re-order checks. To request access to the Services please contact a Personal Banker at one of our office locations.

 

Business Days:

Monday – Friday, excluding Federal holidays.

 

CUTOFF TIMES:

The cutoff time for transfers is 5:00 p.m. Eastern time on a business day the Bank is open. Transfers that are submitted are processed on request and you can view the results immediately online. However, a cut-off time is required for funds that are needed to pay items (i.e. checks) that are processed against your accounts overnight. To ensure funds are available for overnight posting, and to avoid possible insufficient funds or overdraft fees, please be sure to perform transfers before 5:00 p.m. Eastern time on a business day the Bank is open. All transfers made after 5:00 p.m. Eastern or on a day the Bank is not open will be available for the payment of items received in the overnight posting on the next business day.

 

The cutoff time for payments is 5:00 p.m. Eastern time on a business day the Bank is open. Payments will be credited to your Account that business day. All payments submitted after 5:00 p.m. Eastern time or on a day that the Bank is not open will be credited to the Account the next business day.

 

Confidentiality:

We will abide with the CBTFL Privacy Policy (visit www.cbtfl.com) in all transactions with you. We will disclose information to third parties about your account or the transfers you make:

 

  • To complete transfers as necessary;
  • To verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant; or
  • To comply with government agency or court orders; or
  • If you give us your written permission.

 

Fees:

Currently we do not impose any fees for the use of Online Banking or Mobile Banking. We reserve the right to impose fees for the Services in the future and we will notify you of any such fees, in the manner and to the extent required by this Agreement and by law. Your use of the Services after the effective date of any fee changes shall constitute your agreement to such fee changes. You also understand that you are responsible for any wireless service or Device provider charges and any and all other fees and charges that you may incur by accessing and using the Services. All other fees which have been separately disclosed to you in connection with your Account(s) will continue to apply to those Account(s) and to your Online Banking and Mobile Banking.

 

Mobile Banking Description of Service:

Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your Bank account information, make payments to payees, transfer funds and conduct other banking transactions. To utilize Mobile Banking services, you must be enrolled in Online Banking.

 

We reserve the right to limit the types and numbers of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Service at any time.

 

Mobile Banking may not be accessible or may have limited service over some network carriers. Mobile

Banking may also not be supported by all Devices. CBTFL cannot guarantee and is not responsible for the

availability of data services provided by your mobile carrier, such as data outages or “out of network” issues.

 

Use of Mobile Banking Service:

You agree to accept responsibility for learning how to use the Mobile Banking Application and agree that you will contact us directly if you have any problems with the Mobile Banking Application. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.

 

Other Mobile Banking Agreements:

You agree that, when you use Mobile Banking, you remain subject to the terms and conditions set forth in your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that the Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider). You also agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services and you also agree to resolve any issues or problems with your provider directly with the provider without involving us.

 

Any CBTFL deposit account, loan or other banking product accessed through this Service is also subject to the account agreements and disclosures provided at the time of account opening. You agree to review your account disclosures carefully, as they may include transaction limitations and fees which may apply to your use of Mobile Banking.

 

Equipment and Software:

CBTFL does not guarantee that your computer, Device or mobile phone service provider will be compatible with Online Banking or Mobile Banking. For the best CBTFL online banking experience, use a current version of an Internet browser we support including Internet Explorer, Firefox or Safari. Your computer, mobile phone or other Device needs a program that accurately reads and displays PDF files.

 

Computers, mobile phones and other Devices with internet capabilities are susceptible to viruses. You are responsible to ensure that your computer or Device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as “viruses”) which could result in damage to programs, files, and/or your computer or phone or could result in information being intercepted by a third party. CBTFL will not be responsible or liable for any indirect, incidental, special or consequential damages which may result from such viruses. CBTFL will also not be responsible if any non‐public personal information is accessed via Online Banking or Mobile Banking due to any of the above named viruses residing or being contracted by your computer or Device at any time or from any source.

 

The Bank is not responsible for errors or delays or your inability to access the service caused by your computer or Device. We are not responsible for the cost of upgrading the computer or Device to remain current with the Service. We are not responsible for any damage to the computer or Device or the data within.

 

Permitted Online and Mobile Banking Transfers:

You may use the Services to transfer funds between all eligible CBTFL Accounts, and any other external accounts that may be accessible, that you have selected to access through Online Banking.

 

You must have sufficient funds available in the selected accounts at the time the transfer is received, including available overdraft protection (if applicable). We may process transfers that exceed your available balance at our sole discretion. Applicable fees may apply as permitted by Law.

 

Federal Regulations limit the number of transfers allowed from a savings or money market account per

month. Online and Mobile Banking transfers count towards this limit. Each transfer from a savings or money market account using Online or Mobile Banking is counted as one of the six limited transactions permitted each month. You may be subject to fees or account conversion if you exceed the transaction limits of your account using Online and Mobile Banking or any other methods outlined in your Deposit Account Agreement and Disclosures. For consumer accounts, please refer to the to the Bank’s Truth in Savings Disclosures located on the Bank’s website located at www.cbtfl.com.

 

We may also limit the type, frequency and amount of transfers for security purposes and may change or

impose the limits without notice, at our option as permitted by Law.

 

You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.

 

Changes:

Except as otherwise required by law, rule or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made we will update this Agreement at the Website. The Website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. As always, you may choose to accept or decline changes by continuing or discontinuing the use of Online Banking or Mobile Banking. Your use of the Services after the effective date of any changes shall constitute your agreement to such changes. Changes to fees or terms applicable to Accounts are governed by the agreement otherwise governing the applicable account.

 

Your Responsibilities:

You agree to the following by enrolling in Online or Mobile Banking or by using the Service:

 

Account Ownership/Accurate Information. You agree that you are the legal owner of the Accounts and other financial information which may be accessed via Online or Mobile Banking. You agree that all information provided to us in connection with Online or Mobile Banking is accurate, current and complete, and that you are required to provide such information to us for the purpose of Online or Mobile Banking. You agree you will keep CBTFL informed on any changes to your email address. You agree not to misrepresent your identity or your account information as well as keeping your account information up to date and accurate. You agree that you are an authorized user of the Device. You are responsible for all transactions you authorize using Online or Mobile Banking under this Agreement. If you permit others to use your log in or password you are responsible for any transactions they authorize or conduct on any of your Accounts. CBTFL has the right to rely upon the access of Online or Mobile Banking using log in and password information as legitimate.

 

User Security. You agree to take every precaution to ensure the safety, security and integrity of your account(s) and transactions when using Online Banking or Mobile Banking. You agree you will not give out account information, user log in or passwords, leave your computer unattended while on Online Banking, allow your computer to store your user name and password, leave account information in view or range of others, nor will you send any private account information via a public or general email system. You also agree to log out of Online Banking completely if you are using a public computer. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you allow access to Online or Mobile Banking to an unauthorized user, you will be responsible for any transaction they authorize and we will not be liable for any damages as a result. You agree not to use any personally identifiable information when creating shortcuts to your Account. We recommend that you change your password regularly. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your password and account information confidential.

 

If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify us immediately by calling 352-369-1000. You may also notify us in writing at Community Bank & Trust of Florida. P.O. Box 1570, Ocala, FL 34478.

 

We make no representation that any content or use of Mobile Banking is available in locations outside the United States. Accessing Mobile Banking from locations outside the United States is at your own risk.

 

User Conduct. You agree not to use Online or Mobile Banking or the content or information delivered through Online or Mobile Banking in any way that would be considered illegal or violate any law or statute. Harassment or threatening language will result in the closure or suspension of your Account. You also agree not to make commercial use of Online or Mobile Banking or resell, lease, rent, or distribute access to Online or Mobile Banking.

 

Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Community Bank & Trust of Florida, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from (a) third party claims, disputes, action or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Services; (b) your violation of any law or rights of a third party; or (c) your use or use by a third party of Online or Mobile Banking.

 

Errors:

In case of errors or questions about your electronic transfers, notify us by calling 352-369-1000 or write to us at P.O. Box 1570, Ocala, FL 34478 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.

 

For consumer accounts, we must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Please include the following in your correspondence:

 

  • Tell us your name and account number (if any).
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

 

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

 

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

 

If a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit was made, the error involves a new account. For errors involving new accounts, point‐of‐sale debit card transactions, or foreign‐initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

 

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

 

If a notice of error involves unauthorized use of your point of sale debit card with the VISA logo, when it is used as a VISA point of sale debit card, we will provide provisional credit within five business days after you notify us instead of with 10 or 20 business days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.

 

Termination:

CBTFL reserves the right to terminate Online or Mobile Banking, in whole or in part at any time with or without cause and without prior written notice as allowed by Law. In the event you provide a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers previously authorized, but not made. We also reserve the right to suspend the Service either temporarily or permanently in situations deemed appropriate in our sole and absolute discretion including if a security breech has been attempted or has occurred. We may consider repeated incorrect attempts to enter your username or PIN as an indication of an attempted security breech. Termination of the Service does not affect your obligations under this Agreement in respect to occurrences before termination.

 

DISCLAIMER OF WARRANTIES:

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) WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

LIMITATION OF LIABILITY:

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF COMMUNITY BANK & TRUST OF FLORIDA HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.