This agreement represents the terms and conditions of the Citizens Bank Minnesota's Internet Banking Program, Netteller. Please read the agreement carefully and print for your records.
AGREEMENT
This Internet Banking Access Agreement contains the terms that govern your use of Netteller Home Banking application services. You may use Netteller to access your accounts through the Internet. By using Netteller to access an account, you are agreeing to the terms of this Agreement. Examples of accounts that you may elect to access include deposit accounts and loans. 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 Netteller,
- Citizens Bank Minnesota’s rules, procedures and policies applicable to each account;
- The rules and regulations of any funds transfer system used in connection with Netteller and
- All applicable state and federal laws and regulations.
ACCESS TO ELIGIBLE ACCOUNTS
You may access an account at the Citizens Bank Minnesota’s website at http://www.citizensmn.bank (called “Website”) to obtain balances, transaction history and other information. To access an account you must have a password and the required hardware and software. Subject to the terms of this Agreement, you will generally be able to access your accounts through the Website seven days a week, 24 hours a day. A transfer completed through Netteller after the transfer cut-off time on a business day or on a day that is not a business day, may be posted on the next business day. The transfer cut-off time is 4:00 p.m. (Central Time). Every day is a business day except Saturdays, Sundays and certain Federal holidays.
At times, an Internet Banking Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may use our Citizens-On-Call Telephone Banking System or any automated teller machine (ATM).
ELECTRONIC MAIL (EMAIL)
One way of communicating with us is by sending E-mail. Our website and Netteller have provided an E-mail link for you to ask questions about your account(s) or give comments on our service. To ensure the security of your account information, we recommend that you do not indicate any personal information (account numbers, social security, etc.) in your comments. You cannot use E-mail to initiate transactions on your accounts. For transactions, please use the appropriate functions within Netteller or call (800)549-0194.
INTERNET BANKING SERVICES
With respect to your accounts, services offered include obtaining balance information, transaction history and other information. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous business day. Citizens Bank Minnesota may, from time to time, introduce new Internet Banking Services. When this happens, we will update our Website to include them. By using our Internet Banking Service, you agree to be bound by the terms contained in this Agreement.
ELECTRONIC FUND TRANSFER PROVISION FOR CONSUMERS
A. Applicability: The provisions in this section apply only to electronic fund transfers that debit or credit a consumer’s checking, savings or other asset account and are subject to the Federal Reserve Board’s Regulation E (an “EFT”). Citizens Bank Minnesota may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E. All terms not otherwise defined in this Agreement, which are defined in Regulations E, will have the same meaning when used in this section.
B. Your Liability: Your liability for an unauthorized EFT or a series of related unauthorized EFT’s will be determined as follows:
1. If you notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $50 or the amount of unauthorized EFT’s that occur before notice to us.
2. If you fail to notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $500 or the sum of the following:
- $50 or the amount of unauthorized EFT’s that occur within the two business days, whichever is less; and
- the amount of unauthorized EFT’s that occur after the close of two business days and before notice to us, provided we establish that the EFT’s would not have occurred had you notified us within that two-day period.
3. You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFT’s that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. You may, as applicable, also be liable for the amounts described in the immediately preceding sections 1 or 2 above.
4. If your delay in notifying us due to extenuating circumstances, we will extend the times specified in the immediately preceding paragraphs 1, 2 or 3 above to reasonable period.
5. You may notify us in person, by telephone, or by E-mail during a secure session using the appropriate form, or in writing.
C. Telephone Number and Addresses: The telephone number and address to be notified when you believe that an authorized EFT has been or may be made are:
- Your Bank’s phone and address are indicated on your monthly checking statement, or
- Write to Citizens Bank Minnesota, PO Box 547, New Ulm, MN 56073-0547 or call (800)549-0194.
D. Error Resolution: Telephone us at (800)549-0194, or write us at Citizens Bank Minnesota, PO Box 547, New Ulm, MN 56073-0547 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. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- 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 or 90 days for new accounts, point of sale debit card transactions or foreign-begun transactions. If we decide to do this, we will credit your account within 10 business days (5 business days for Visa point of sale debit card transactions) for the amount you think is in error or 20 business days for new accounts, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
We will tell you the results within 3 business days after completing our investigation. If we decide 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.
E. Security: You will be given an assigned Access ID and a temporary password that will give you access to your accounts. This password can be changed within Netteller. Due to the increased need for security, Netteller passwords need to be a minimum 6 digits in length. It can also be any combination of alpha, numeric, uppercase, and lowercase up to 25 digits in length. We require 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 the 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 Citizens Bank Minnesota by calling (800)549-0194, or write us at Citizens Bank Minnesota, PO Box 547, New Ulm, MN 56073-0547.
F. Liability:
1. Our Liability: Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your accounts. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your accounts through Netteller. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing Internet Banking Service as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Internet Banking Services.
IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
- Is not in accordance with any term or condition applicable to the relevant Internet Banking Service or account;
- We have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
- Would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;
- Would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
- Is not in accordance with any other requirement of our applicable policies, procedures or practices; or
- We have reasonable cause not to honor for our or your protection.
2. Indemnification: Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your account, if you are an owner of an account, you 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 an account or the performance of an Internet Banking Service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of our service by you or your authorized representative.
3. Third Parties: Except as specifically provided in this Agreement or where applicable law requires a different result, neither we, our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Internet Banking Services through our service.
GENERAL PROVISIONS
A. Termination: Unless otherwise required by applicable law, Citizens Bank Minnesota may terminate this Agreement and/or your access to any Internet Banking Service through our service, in whole or in part, at any time.
Access to the Internet Banking Service through our service, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. You may request reinstatement of Internet Banking Service by calling Customer Service.
If you do not access your Eligible Accounts via our service for any 6-month period, we may terminate your service, including Bill Pay Service.
If you wish to cancel any of your Internet Banking Services, contact Citizens Bank Minnesota at (800)549-0194 or send us cancellation instructions in writing to Citizens Bank Minnesota, PO Box 547, New Ulm, MN 56073-0547.
B. Changes: Except as otherwise required by law, rule or regulation, we may change the terms of this Agreement from time to 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 an earlier time. If such a change is made, and it can’t be disclosed with jeopardizing the security of the system, this Agreement will be updated within 30 days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing to use our service. Changes to fees or terms applicable to eligible accounts are governed by the agreement otherwise governing the applicable account.
C. NOTIFICATION: UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT WE ARE REQUIRED TO PROVIDE A NOTICE OR OTHER COMMUNICATION TO YOU IN WRITING, THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO YOU ELECTRONICALLY TO YOUR INTERNET ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS.
D. Disclosure of Information: The circumstances under which we will disclose information about you, your eligible account, or your Internet Banking Services is set forth in the information that has been separately disclosed to you in the contracts, notices and disclosures that have been separately provided to you and in accordance with our policy disclosed at our Website.
E. Miscellaneous Fees and Charges: The fees that have been separately disclosed to you in connection with your account(s) will continue to apply to those account(s) and to your Internet Banking Services.
Agreement Approved 04/08/16
