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Online Banking (Internet) Agreement

Home Online Banking (Internet) Agreement

Online Banking (Internet) Agreement

1. The Service

In consideration of the Online Banking services (“services”) to be provided by Center Point Bank and Trust Co. (“Bank”), as described from time to time in information distributed by Center Point Bank and Trust Co. to its customers. In this agreement, “Customer” refers to the person(s) subscribing to or using the service, the customer agrees as follows: You may use a personal computer (“PC”) through an internet connection to obtain account balances and transaction information; you may also use your PC to obtain statements on your accounts and to transfer money between your accounts. However, transfers from your savings and money market accounts are considered pre-authorized transfers, and pre-authorized transfers are limited to six (6) per monthly statement cycle by federal regulations. In addition, you may use your PC to electronically direct us to make payments from your account to third parties (“Payees”) that you have selected to receive payment through the service. You may make payments through the service to any business professional, merchant, family member, or friend. The (“Account”) means your designated bill payment checking account at Center Point Bank and Trust Co. from which we make bill payments on your behalf pursuant to the agreement. By subscribing to the service or using the service to make any payments to a third party, you agree to the terms of the agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS

2. Your Merchant List.

You may include all utility companies, merchants, financial institutions, insurance companies, individuals, etc. whom you wish to pay through Online Bill Pay. Include a complete mailing address and telephone number for each and your account number with each payee. We reserve the right to decline to make payments to certain persons and entities.

3. Your User Name and Password.

Each individual who has access to Center Point Bank and Trust Co.’s Online Banking, including each individual named on joint accounts, must designate a password and a user code. Your password must be a minimum of 10 characters, up to a maximum of 17 characters, which must consist of at least one (1) numeric character, plus one (1) alpha character, one (1) upper case and one (1) lower case. You will be required to change your PIN periodically to enhance security.

4. Scheduling Payments.

You may choose to add Bill Pay and use your PC to electronically schedule payments with the Center Point Bank and Trust Co. Online Bill Pay Service. Payments are posted against your balance available for withdrawal, as defined in the Bank’s Funds Availability Policy, plus the available credit on your overdraft protection, if any, or other line of credit.

5. Delivery of Your Payments and Transfers.

You may schedule payments to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in the agreement. Although you can enter payment information through the service twenty-four (24) hours a day, seven (7) days a week, payments can be initiated only on business days. Funds will be deducted from your account on the business day on which payment is to be “initiated”. This date is referred to in this agreement as the “Transaction Date”. If you direct the initiation of a payment to occur on a day other than a business day, it will be initiated on the following business day.

After funds are withdrawn from your account, we may remit your payments by mailing your Payee a check, by electronic funds transfer, including Ach (Automated Clearing House) or by other means. Because of the time it takes to send your payment to them, your Payees generally will not receive payment on the transaction date. This applies regardless of whether the payment is a next-day payment, a future payment, or a recurring payment, as described below. Therefore, in order to provide sufficient time for payments to be received by your Payees, the Transaction Date should be prior to the date your payment is due, excluding any applicable grace periods (the “Due Date”). It is helpful if you allow additional time for a payment to be completed the first time you send a payment to a Payee through the service. This allows the Payee to adjust to the new form of payment. You may schedule a payment to be initiated on any business day or any future date. Payments must be scheduled by the normal cut-off time of 6 p.m. (Central Standard Time) on any business day in order for the payment to be initiated for that business day. Transfers must be scheduled by the normal cut-off time of 6 p.m. (CST) on any business day in order for the transaction to be completed on that business day.

6. Recurring Payments.

Recurring payments are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. Once started, recurring payments will be made automatically until you tell us to stop or cancel the service and we have a reasonable opportunity to react.

7. Our Liability for Failure to Complete Transactions.

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

A. If, through no fault of ours, you do not have enough money in your account to make the transfer;

B. If the money in your account is subject to legal process or other encumbrances restricting transfer;

C. If the transfer would go over the credit limit on your overdraft line (if any);

D. If the automated teller machine or the merchant where you are making the transfer does not have enough cash;

E. If the system was not working properly when you started the transfer;

F. If circumstances beyond our control (such as fire, flood, or systems failure) prevent the transfer, despite reasonable precautions that we have taken; or

G. If the payee mishandles or delays handling payments sent by us.

8. Statements

All payments, transfers, and/or fees made with the Center Point Bank and Trust Co. Online Banking Service will appear on your monthly account statement. The Payee name, payment amount, and date of the payment will be shown for each payment made through the service during the month.

9. Scope of Communications

When you enroll in Online Banking, you agree that we will provide you with any communications relating to that account in electronic format. Your consent to receive electronic communications and transactions includes, but is not limited to:

A.    Initial disclosures or agreements for your Account(s) of associated payment features.

B.    Periodic disclosures or monthly billing statement for your Account(s).

C.    Notices or disclosures about a change in the terms of your Account(s) or associated payment feature.

D.    Privacy policies and notices.

10. Method of Providing Communications
All communications we provide to you in electronic form will be provided either (1) via e-mail at the e-mail address we have on record for you, (2) by access to a web site that we will designate in an e-mail notice we send you, or (3) to the extent permissible by law, by access to a web site that will generally be designated in advance for such purpose. You do have the ability to request a paper copy of an electronic communication by contacting us by telephone at (319) 849-1838. We may charge you a reasonable fee for delivery of paper copies of any communication provided to you electronically pursuant to this authorization.

11. Withdrawing Consent
You may withdraw your consent to receive communications in electronic form for any of your accounts by contacting us via e-mail at [email protected] or by contacting us at (319) 849-1838. We may treat your provision of an invalid e-mail address or subsequent malfunction of a previously valid address as a withdrawal of your consent to receive electronic communications. Any withdrawal of your consent to receive electronic communications will be effective only after we have a reasonable period of time to process your withdrawal. Charges may apply to receive paper statements.

12. Updating Information
It is your responsibility to prove us with accurate and complete information regarding your e-mail address, contact, and other information related to this disclosure and your account(s), and to maintain and update promptly any changes in this information.  You can update such information on our website by contacting us via e-mail at [email protected] or by contacting us at (319) 849-1838.

13. Software and Hardware Required
In order to access, view, and retain electronic communications that we make available to you, you must have:

A.    Internet Explorer 7.0 or higher, Firefox 2.0 or higher, Google Chrome, Opera 8.0 or higher

B.    Adobe ®Acrobat ® Reader ® 8.0 or Higher

C.    An e-mail account with an internet service provider and e-mail software in order to participate in our electronic communications programs

14. Center Point Bank and Trust Alerts Terms and Conditions

Alerts. Your enrollment in Center Point Bank and Trust Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Center Point Bank and Trust account(s). Alerts are provided within the following categories:

 

·         Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.

 

·         Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments canceled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.

 

·         Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Manage Alerts menu within Center Point Bank and Trust Online Banking and Manage Alerts menu within Center Point Bank and Trust Mobile Banking.

 

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Center Point Bank and Trust reserves the right to terminate its Alerts service at any time without prior notice to you.

 

Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Center Point Bank and Trust Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

 

Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at anytime.  Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Center Point Bank and Trust Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again.  For help with SMS text alerts, text “HELP” to 99588 In case of questions please contact customer service at 319-849-1838. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations. Center Point Bank and Trust provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Center Point Bank and Trust’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Center Point Bank and Trust, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

 

Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

15. Federal Law

You acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the Federal Electronic Signatures in Global and National Commerce Act, and that you and Center Point Bank & Trust Co. both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

By clicking “I Accept” below, you agree that any notice or other type of communication provided to you pursuant to the terms of this agreement, and any future disclosure required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank’s web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.

16. Fees

Fees for Center Point Bank and Trust Co. Services shall be payable in accordance with a schedule of charges as established and amended by Center Point Bank and Trust Co. from time to time. Charges shall be automatically deducted from customer’s account and Center Point Bank and Trust Co. shall provide to the customer monthly notice of such debit(s) on your statement.

17. Equipment

You are solely responsible for the equipment (including, in case of Online Banking, your personal computer and software) you use to access the services. We are not responsible for errors or delays or your inability to access the services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.

18. Business Days/Hours of Operation.

Our business hours are

9:00 a.m. to 4:00 p.m. (CST), Monday through Thursday,

9:00 a.m. to 5:00 p.m. (CST), Friday

9:00 a.m. to 12:00 p.m. (CST), Saturday.

 

19. Notice of your rights and Liabilities.

Security of your transactions is important to us. Use of the services may therefore require a PIN or password. If you lose or forget your PIN or password, please call 319-849-1838 during normal business hours listed above or 319-849-1838 Ext. 109 to leave a voicemail message.

We may accept as authentic any instructions given to us through the use of your password or PIN. You agree to keep your PIN and password secret and to notify us immediately if your PIN or password is lost or stolen or if you believe someone else has discovered you PIN or password. You agree that if you give your PIN or password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise us the services. Online Banking Services enables you to change your password; we require that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please not that we reserve the right to (1) monitor and/or record all communications and activity related to the services; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your PIN or password was used in connection with a particular transaction. If any unauthorized use of your PIN or password occurs you agree to (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds.

1) Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.

  If you do NOT tell us within two business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.

  Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

  If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.

  (2) You will not be liable for any unauthorized transactions using your MasterCard debit card, when used for point-of-sale transactions (now includes PIN-based transactions), if you can demonstrate that you have exercised reasonable care in safeguarding our card from the risk of loss or theft.  "Unauthorized use" means the use of your debit card by a person, other than you, who does not have actual, implied, or apparent authority or such use, and from which you receive no benefit.  If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time period.

Contact in even of authorized transfer.  If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this disclosure.  You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission.

20. Error and Questions.

In Case of Errors or Questions about Your Electronic Transfers, Call or Write us at the telephone number or address listed in this disclosure, 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.

(1) Tell us your name and account number (if any).

(2) 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.

(3) 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 (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened.

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.

In case of errors or questions about your electronic transactions, telephone us at 319-849-1838 during regular business hours or contact us at:

Electronic Banking Department

Center Point Bank and Trust Co.

901 Bank Ct.

P.O. Box 255

Center Point, IA 52213

21. Disclosure of Account Information to Third Parties.

We may disclose information to third parties about your account or the transactions you make:

A. Where it is necessary for completing transactions or resolving errors involving the services; or

B. In order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or

C. In order to comply with government agency rules, court orders, or other applicable law; or

D. To our employees, service providers, auditors, collection agents, affiliated companies, or attorneys in the course of their duties and to the extent allowed by law; or

E. If you give us your permission.

22. Authorization to Obtain Information.

You agree that we may obtain and review your credit report from a credit bureau or similar entity. You also agree that we may obtain information regarding your Payee accounts in order to facilitate proper handling and crediting of your payments.

23. Termination.

If you want to terminate your access to the Center Point Bank and Trust Co. services, call us at 319-849-1838. After receipt of your call, we will send a written termination authorization for your signature and return to us.  RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WANT TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, YOU MUST FOLLOW THE PROCEDURES IN THE CANCELING PAYMENTS PARAGRAPH ABOVE.

We reserve the right to terminate the Center Point Bank and Trust Co. services, in whole or in part, at any time with or without cause and without prior written notice. In that event, that you give us a termination notice, we may (but are not obligate to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your PIN or password as an indication of an attempted security breach. Termination of the services does not affect your obligations under this agreement with respect to occurrences before termination.

24. Limitation of Liability.

Except as otherwise provided in this agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Center Point Bank and Trust Co.’s service or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment.

25. Waivers.

No waiver of the terms of this agreement will be effective, unless in writing and signed by an authorized officer of the Center Point Bank and Trust Co.

26. Assignment.

You may not transfer or assign your rights or duties under this agreement.

27. Governing law.

The laws of the state of Iowa shall govern this agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this customer agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.

28. Amendments.

We can change a term or condition of this agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this agreement is necessary to maintain or restore the security of our systems or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our checking or savings account records, or e-mail address in which you authorized to receive such notices and/or disclosures.

29. Indemnification

Customer, in consideration of being allowed access to the Center Point Bank and Trust Co. services, agrees to indemnify and hold the Center Point Bank and Trust Co. harmless for any losses or damages to the BANK resulting from the use of the services, to the extent allowed by applicable law.

30. Security Procedures

By accessing the services, you hereby acknowledge that you will be entering a protected web site owned by the Center Point Bank and Trust Co., which may be used only for authorized purposes. The Center Point Bank and Trust Co. may monitor and audit usage of the system, and all persons are hereby notified that use of the services constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986.

31. Fee Schedule:

Online Banking Service Fee: The basic Online Banking service, Bill Pay, and Alerts are free.

Bill Pay Non-Sufficient Funds Fee: $28.00 per item

Mobiliti™ Addendum
To Agreement for Online Banking Services

This is an addendum to your Online Banking Services Agreement (“Agreement”) and sets forth the additional terms and conditions for use of the Mobile Banking Services (“Mobiliti”) offered through Center Point Bank & Trust to you.  Except where modified by this Addendum, the Online Banking Services Agreement remains in effect. Terms defined in the Agreement that are not defined in the Addendum have the same meaning here. This Addendum and the Agreement constitute the entire agreement between us and you relating to Mobile Banking, supersede any other agreements relating to Mobile Banking, and may only be amended as provided in the Agreement. If there is a conflict between Agreement and this Addendum, the terms in this Addendum will govern your use of Mobile Banking.


I.  ACCEPTANCE OF ADDENDUM.

A.  Accepting this Addendum.

By clicking “I Agree” when you register for Mobile Banking Services (“Mobiliti™”) or by using the Mobile Banking Services, you agree to the terms and conditions of this Addendum.

B.  Description of Services.

Mobile Banking is a personal financial information management service that allows you to:
(i) access Center Point Bank & Trust account information such as balances and recent transaction history;
(ii) transfer funds between your accounts at Center Point Bank;
(iii) set up optional account alerts to be delivered either to your mobile phone using sms text messaging (standard text rates apply), and/or via email;
(iv) make payments to merchants and individuals who have previously consented to accept payments through our online bill pay service;
(v) and make other banking transactions using compatible and supported mobile phones and/or other compatible and supported wireless devices.

Not all Mobile Banking Services are available on all types of mobile devices. See our Web site at www.centerpointbank.com for the most up-to-date list of Services.
We reserve the right to modify the scope of the Mobile Banking Services at any time.  We reserve the right to refuse to make any transaction you request through Mobile Banking.  You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.

C.  Use of Services.

Mobile Banking will not work unless you use it properly.  You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking software (“Software”). 
From time to time we may change, upgrade, or add new features to Mobile Banking.
In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile Banking software. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device.

D.  Relationship to Other Agreements.

You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates.  You also agree that you will continue to be subject to the Terms and Conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, Alltel, etc.), and that this Addendum 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 (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions.  You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking.  Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.  You also agree that if you have any problems with Mobile Banking, you will contact us directly.

II.  MOBILE BANKING SOFTWARE LICENSE AGREEMENT

A.  License.

Subject to any compliance with this Addendum, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license (“License”) to download, install and use the Software on your Wireless Device within the United States and its territories.  In the event that you obtain a new or different Wireless Device, you may be required to download and install the Software to that new or different Wireless Device. 

B.  License Restrictions/Revocation.

This License shall be revoked immediately upon any of the following conditions,

(i) your termination of Mobile Banking;

(ii) your deletion of the Software from your Wireless Device;

(iii) your noncompliance with this Addendum;

or (iv) written notice to you at any time, with or without cause.

In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Wireless Device and/or discontinue use. We and our service providers (which includes, without limitation, any provider of Software such as Fiserv) reserve all rights not granted to you in this Addendum.

C.  Software.    

The Software shall be used solely in connection with Mobile Banking and may not be used by you for any other reason.  You may not grant any sublicenses to the Software.  You agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Software, (ii) copy or reproduce all or any part of the technology or Software, or (iii) interfere, or attempt to interfere with the technology or Software. The Software does not include various third party operating systems and applications that will be required to use the Software.  You will be solely responsible for such third party software. You acknowledge that the Software contains trade secrets and other proprietary and confidential information, whether or not the Software contains any copyright or other proprietary notice.  You agree to take commercially reasonable precautions to protect the confidentiality of the Software.  You (a) will not print, copy, or duplicate any portion of the Software, (b) will not alter any copyright notices on the Software, (c) will not make the Software available in any form to anyone except your agents for purposes specifically related to your authorized use, (d) will take appropriate action with any persons permitted access to the Software to inform them of the confidential nature thereof and to obtain their compliance with the terms of this Paragraph, (e) only will use the Software for your personal use and not for the benefit of any other person or entity, and (f) will comply with all of our procedures and requirements for use of the Software.  The provisions of this Paragraph will survive termination of this Agreement.

III.  YOUR OBLIGATIONS

When you use Mobile Banking to access accounts you designate during the registration process, you agree to the following:

A. Account Ownership/Accurate Information. 

You represent that you are the legal owner of the accounts and other financial information that may be accessed via Mobile Banking.  You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information. You also agree not to misrepresent your identify or your account information.  You agree to keep your account information up to date and accurate.  You agree that we and our service providers may send you, by sms text message, e-mail, and other methods, communications relating to Mobile Banking (with an opportunity to opt-out), including without limitation welcome messages, information and requests for information relating to use of Mobile Banking and other Online Banking services.  You agree to use Mobile Banking carefully, to keep your password confident and secure and not share it with others, to check your statements and transactions regularly, to report any errors to us promptly by calling us at 319-849-1838, and to cancel immediately your participation in Mobile Banking if you observe any material errors in the mobile Banking Services.

B.  Location-Based Information. 

If you use any location-based feature for Mobile Banking you agree that your geographic location and other personal information may be accessed and disclosed through Mobile Banking.  If you wish to revoke access to such information you may cease using location-based features of Mobile Banking.

C.  Export Control. 

You acknowledge that the Software is subject to the United States (U.S.) government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Software.  You agree that you will not directly or indirectly use, export, re-export, or transfer the Software except in compliance with applicable U.S. export laws and regulations.  Without limitation, you agree that you will not use Mobile Banking in any embargoed or sanctioned country.

D.  Proprietary Rights. 

You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking.  You may not copy, reproduce, distribute, or create derivative works from this content.  Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.

E.  User Conduct. 

You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would:  (a) infringe any third-party copyright, patents, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.

F.  No Commercial Use or Re-Sale. 

You agree that the Mobile Banking Services are for personal use only.  You agree not to resell or make commercial use of Mobile Banking.

G.  Indemnification. 

You agree to indemnify, defend, and hold us and our affiliates and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking, your violation of this Addendum, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone. 

IV.  CHARGES FOR THE SERVICE

You agree to pay for Mobile Banking in accordance with our current fee schedule and as amended from time to time.  We will advise you of any fee changes prior to implementing them. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking.  In the future, we may add to or enhance the features of Mobile Banking.  By using such added or enhanced features, you agree to pay for them in accordance with our Schedule of Fees.

V.  ADDITIONAL PROVISIONS

A.  Mobile Banking Services Limitations.

1.  Neither we, nor any of our service providers, including Fiserv, can always foresee or anticipate technical or other difficulties related to Mobile Banking.  These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions. 

2.  Neither we, nor any of our service providers, including Fiserv, assume responsibility for any disclosure of account information to third parties, the timeliness, deletion, misdelivery or failure to store any user data, communications, or personalization settings in connection with your use of Mobile Banking.

3.  Neither we, nor any of our service providers, including Fiserv, assume responsibility for the operation, security, functionality or availability of any wireless Device or mobile network that you utilize to access Mobile Banking.

4.  You agree to exercise caution when utilizing the Mobile Banking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information. 

5.  Information about activity is synchronized between the Mobile Banking software and our Website. Transfer and payment information available via the Mobile Banking software may differ from the information that is available directly through our website.  Information available directly through our website may not be available via the Mobile Banking software, may be described using different terminology, or may be more current that the information available via the Mobile Banking software, including but not limited to account balance information.  The method of entering instructions via the Mobile Banking software also may differ from the method of entering instructions through our website.  We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking software.  Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

B.  Changes or Cancellation.

You may cancel your participation in Mobile Banking by calling us at 319-849-1838.  We reserve the right to change or cancel Mobile Banking at any time without notice.  We may also suspend your access to Mobile Banking at any time without notice and for any reason including but not limited to, your non-use of Mobile Banking Services.  You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking.

C.   Use of Data

We, and our service providers, will use information you provide for purposes of providing the Mobile Banking Services and to prepare analyses and compilations of aggregate customer data that does not identify you (such as the number of customers who signed up for Mobile Banking in a month).

D.  Third Party Beneficiary.

You agree that our service providers may rely upon your agreements and representations in this Addendum, and such service providers are third party beneficiaries to this Addendum, with the power to enforce its provisions against you.

E.  Limitations and Warranty Disclaimers. 

We and our service providers disclaim all warranties relating to the Mobile Banking Services or otherwise in connection with this Addendum, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised or, or have reason to know of, the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you in connection with the Mobile Banking Services or otherwise under this Addendum exceed $5,000.

 

 

Center Point Bank & Trust Mobile Deposit Agreement

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE PROCEEDING:

This Mobile Deposit Agreement (the “Agreement”) is entered into by Center Point Bank & Trust (the “Financial Institution”) and you (the “Consumer”). The Agreement governs your use of the Mobile Deposit Service offered by Center Point Bank & Trust (the “Service”). By enrolling to use the Service, you agree to be bound by the terms and conditions contained in this Agreement:

1. Description of Service. Mobile Deposit allows you to deposit money into certain Center Point Bank & Trust accounts with your mobile device camera using the Mobile Application or “Mobile App”. To use Mobile Deposit, you must be a Center Point Bank & Trust account holder and have agreed to the Online Banking and Mobile Banking User Agreements. You may transmit deposits to us electronically only from a mobile capture device located in the United States.

2. Fees. Depending on the type of account(s) you have with Center Point Bank & Trust, there may be a fee to use this service. If applicable, you agree to pay the fee for the Service as set forth in our fee schedule and as may be changed from time to time. Internet data usage rates may apply from your Internet service provider or mobile carrier.

3. Equipment. To use Mobile Deposit, you must have a supported mobile device, such as a smartphone or tablet that is compatible with the Mobile Deposit APP, with a camera and a supported operating system, have a data plan for your mobile device, and download the App to your mobile device. We do not guarantee that all mobile devices and operating systems are compatible with the Service.

4. Types of Checks. You can only deposit checks using Mobile Deposit, however, there are some checks that you cannot deposit. These include:

a. Checks payable to any person or entity other than you, or to you and another party.

b. Checks containing any alteration of which you know or believe to be fraudulent or not authorized by the owner of the account on which the check is drawn.

c. Checks that are not in original form with an original signature, such as substitute checks or remotely created checks.

d. Checks drawn on a financial institution located outside the United States.

e. Checks not payable in United States currency.
f. Checks or items on which a stop payment order has been issued or for which there are insufficient funds.

5. Receipt of Deposits. We reserve the right to reject any check transmitted through the Service, at our discretion, without liability to you. Center Point Bank & Trust is not responsible for processing or transmission errors that may occur, or for deposited items that we do not receive.

6. Cut-Off Times for Deposits. Deposits sent using Mobile Deposit may be “submitted” any time of day, weekend, or holiday. However, deposits received by us after the daily cut-off time for electronic deposits will be deposited the next business day, provided that the deposit meets all requirements. Deposits submitted on holidays or weekends will also be deposited the next business day, provided it meets all requirements. The daily cut-off time for electronic deposits is 6:00 PM CT and is subject to change without notice to you.

7. Availability of Funds Deposited. Our policy is to make funds from your Mobile Deposit available to you on the same business day it was deposited, provided the Mobile Deposit is received prior to the cut-off time for electronic deposits and meets all requirements. If the Mobile Deposit is received after the cut-off time for electronic deposits, the deposit will be credited the next business day, provided that the deposit meets all requirements. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a Mobile Deposit before 6:00 PM CST on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a Mobile Deposit after 6:00 PM CST or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

a. Reservation of Right to Hold. In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $200 of your deposit, however, may be available on the first business day after the day of your deposit. If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the business day after we receive your deposit. If you need the funds from a deposit right away, you should ask us when the funds will be available.

b. Longer Delays May Apply. We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons:

* You deposit checks totaling more than $5,000 on any one day.

* You redeposit a check that has been returned unpaid.

* You have overdrawn your account repeatedly in the last six months.

* We believe a check you deposit will not be paid.

* There is an emergency, such as failure of computer or communications equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the eleventh business day after the day of your deposit.

c. Holds On Other Funds. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

d. Special Rules For New Accounts. If you are a new customer, the following special rules will apply during the first 30 days your account is open: Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,000 will be available on the first business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the first business day after the day of your deposit.

8. Image Quality. The front and back images of an item transmitted to us must be legible. Items with poor image quality may delay the deposit process, and you may be instructed to deposit the check using other methods. You agree that we shall not be liable for any damages resulting from items with poor image quality, including those related to rejection of, or the delayed or improper crediting of such a check, or from any inaccurate information you supply regarding the check or item.

9. Errors. You must notify us of any errors, or suspected errors, related to the items deposited through the Service as soon as possible after they occur, and in no event later than 60 days after the related account statement is sent. You can contact us by calling 319-849-1838 or by visiting a branch. Unless you notify us within 60 days, the account statement containing the deposits made through the Services is deemed correct, and you cannot bring a claim against us for any alleged errors.

10. Deposit Limits. We may establish limits on the number of checks and/or the total amount of checks deposited using Mobile Deposit. These limits may change from time to time without notice. Items transmitted that exceed your limits may result in a rejection of the deposit.

11. Destruction of Original Check. Upon confirming that you received full credit for the check deposited, you must destroy the check by shredding or other means, or clearly mark “VOID” or “Electronically Deposited” on the front and back of the check. This prevents the check from being presented for deposit another time. You agree never to re-present to us or any other party a check or item that has been deposited through the Service. You will be liable for checks that are presented and/or deposited more than once.

12. Indemnity. You warrant to Center Point Bank & Trust that:
a. You will only transmit eligible checks and items that you are entitled to, and ensure that all checks and items

include all required signatures.
b. Images will meet Center Point Bank & Trust's image quality standards.

c. You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.

d. You will not deposit or re-present the original check for deposit.

e. All information you provide to us is accurate and true, and that all transmitted images accurately reflect the front and back of the check.

f. You will comply with this Agreement and all applicable rules, laws and regulations. g. You will use the Services only for your own deposits.

You agree to indemnify and hold harmless Center Point Bank & Trust from any loss for breach of this warranty provision or the terms of this Agreement.

13. Security of Your Mobile Device. You are responsible for (i) maintaining the confidentiality and security of your Mobile Devices, access number(s), password(s), security question(s) and answer(s), account number (s), login information, and any other security or access information, used by you to access the Service, and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Service. You agree not to supply your Access Information to anyone and to immediately notify us if you become aware of any loss, theft or unauthorized use of any access information, including your Mobile Devices. We reserve the right to deny you access to the Service if we believe that any loss, theft or unauthorized use of access information has occurred.

14. Limitations. When using Mobile Deposit, you may experience technical or other difficulties that are
outside the control of Center Point Bank & Trust. We are not responsible for damages that you may incur as a result of these difficulties or unavailability of the Service.

15. Changes to the Service. We reserve the right to terminate, modify, add and remove features from the Service at any time in our sole discretion. You may reject changes by discontinuing use of the Service. Your continued use of the Service will constitute your acceptance of and agreement to such changes. Maintenance to the Service may be performed from time-to-time resulting in interrupted service, delays or errors in the Service and we shall have no liability for any such interruptions, delays or errors.

16. Termination. We may turn off the service to you if we suspect fraud, if you misuse Mobile Deposit, have excessive overdrafts or returned items or for other reasons at our sole discretion.

17. Ownership and License. You agree that <financial institution> and its Third Party Service Providers, including Fiserv Solutions, Inc., retain all ownership and proprietary rights in the Service, associated content, technology, and website(s). You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of the Service, including the App. You may use the Service only for your own benefit. 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 Service. In the event that you attempt to use, copy, license, sublicense, sell or otherwise convey or to disclose the App or any other part of the Service, in any manner contrary to the terms of this Addendum, we shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions.

18. Third Party Beneficiary. You agree that our Third Party Service Providers, including Fiserv Solutions, Inc., may rely upon the provisions of this Agreement, including its disclaimer of warranties and any limitations of liability and that such Third Party Service Providers are, for the purpose of this Agreement, third party beneficiaries to this Agreement with the power to enforce this Agreement.

19. Liability. WE ARE ONLY RESPONSIBLE FOR PERFORMING THE SERVICE AS EXPRESSLY STATED IN THIS ADDENDUM. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICE WILL BE AVAILABLE AT ALL TIMES AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR THIRD PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICE, APP, EQUIPMENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL CENTER POINT BANK & TRUST OR ANY OF OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF DATA, PROFIT, GOODWILL, OR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY YOU ARISING OUT OF OR RELATED TO THIS ADDENDUM, THE APP, THE SOFTWARE, THE EQUIPMENT OR

THE SERVICE WHETHER OR NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE REQUIRED BY LAW. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CENTER POINT BANK & TRUST AND OUR THIRD PARTY SERVICE PROVIDERS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

I/We understand and I/we are the only individual(s) authorized to use Internet Banking and Mobile Deposit and that use of the Internet Banking and Mobile Deposit signifies agreement to the terms and conditions set forth in this Online Banking Internet Agreement and Mobile Deposit Agreement which will be furnished to me/us

 

I Accept

I Do Not Accept