Commercial Enrollment Form Agreement

CITIZENS BANK OF CHARLESTON
INTERNET BANKING AGREEMENT

Following are the terms and conditions of Citizens Bank’s Internet Banking. Please read and click “I Agree” or “Return To Bank” below.

USA PATRIOT ACT

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account.

What this means for you:

When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

This agreement governs the use of the Citizens Bank Internet Banking service. By subscribing to the service or using the service to access account information, or to make any transfer between accounts or payment to a third party, you agree to the terms of the Agreement. The words “we”, “us” and “our” refer to Citizens Bank, the bank that holds the deposit accounts accessed by the service in its sole discretion involved in the provision of the service. The words “you” and “your” refer to each person subscribing to the service and each person who uses the service with the permission of the subscriber.

State and federal law, including the Uniform Commercial Code, and regulations of the Federal Reserve System, other regulatory agencies and clearinghouse associations, regulate much of our relationship with you. These laws and regulations, as well as the terms of the Agreement, may change from time to time without notice to you unless required by law. Your continued use of the service following receipt of the Agreement or notice of a change is considered acceptance of the Agreement or change. Notice of a change may be made by mail or electronically. The Electronic Fund Transfer Act governs some of the transactions permitted under this Agreement and some terms and conditions included in the Agreement are required by this Act.

Computer Equipment and Software

You are solely responsible for the maintenance, installations and operation of your computer and for the software used in accessing Internet Banking. The Bank shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor will the Bank be responsible for any computer virus that affects your computer or the software while using Internet Banking.

Additionally, you must have an Internet Service Provider and a Browser to utilize the Internet Banking through the Internet. It will be your responsibility to establish Internet Service through a provider. Any costs or fees from your Internet provider are solely your responsibility.

Security

You understand that the Bank has implemented a security procedure for the purpose of verifying the authenticity of the payment instructions transmitted to the Bank by you and not for the purpose of detecting errors in such instructions. The security procedure consists of unique user identification and a transmission password. In an effort to provide the highest degree of confidentiality and security, the Bank requires the use of browsers that provide encryption using a 128-bit key. You agree that this procedure constitutes a commercially reasonable method of providing security against unauthorized instructions. You agree to be bound by any instruction issued by you and received and verified by the Bank in accordance with such security procedure. In addition, you shall indemnify and hold the Bank harmless from and against any loss suffered or liability incurred by, or arising from the execution of instructions in good faith and in compliance with such security procedure.

User Identification (ID) and Password

You will be required to establish a User ID and Password during your first online session. Your User ID and Password identify and authenticate you to Citizens Bank when you use Internet Banking. User ID numbers may only be obtained by customers who have existing accounts with Citizens Bank. Upon establishing a User ID and Password you agree to:
a) Not disclose your User ID and Password or otherwise make it available to anyone else;
b) Use your User ID and Password as instructed in the account disclosure;
c) Immediately notify us of any loss or theft of your User ID and Password; and
d) Be liable for your User ID and Password and for its authorized and unauthorized use as described in your agreement.

Unless you notify us as provided in this agreement, you acknowledge that we are entitled to rely on the use of your User ID and Password as your authorization for any transaction through Internet Banking. You are responsible for all transactions you initiate or authorize using Internet Banking. If you permit any other person to use the services provided by Internet Banking or your User ID and Password, you will have authorized that person to access your accounts and you are responsible for any transaction that person initiates or authorizes from your accounts.

Account Requirements

To subscribe to Internet Banking, you must maintain at least one deposit account with the Bank which may include the following types of accounts: Regular Checking Account, Hometown Plus Checking Account, NOW Account, Money Market Account, Passbook Savings Account, Certificate of Deposit, IRA collectively and individually. Internet Banking will allow you to access more than one account to view account balance and transaction information, transfer funds among designated accounts, send electronic mail to the Bank and receive electronic mail from the Bank.

Daily Processing Deadlines

Account information displayed through Internet Banking is the current information as of the previous business day. Funds transfers between accounts initiated on your computer using Internet Banking, and received by the Bank by 2:00 PM CST Monday through Friday will be effective on the current business day. Funds transfers processed on your computer using Internet Banking, and received after 2:00 PM CST Monday through Friday or all day Saturday, Sunday, and banking holidays will be effective the following business day.

Limits of Transactions

Subject to available deposit account balances, funds transfers can be made for any amount. By federal regulation, transfers from a money market deposit account or a savings account to another account or to third parties by preauthorized, automatic, or telephone transfer are limited to six per month or statement cycle with no more than three by check, debit card or similar order to third parties. Transfers between your deposit accounts are considered pre-authorized transfers.

Electronic Mail (e-mail)

Although you may currently have e-mail capabilities, it is important to remember that normal Internet e-mail transmissions may not be secure. You agree to contact us electronically only through the “Secure Messaging” prompts in the “Other Services” area. You also agree to receive communications regarding your account electronically and will not attempt to circumvent receiving any messages. You are deemed to have received any electronic messages sent to you when they are made available to you.

In addition, we may not immediately receive e-mail that you send. We will have a reasonable opportunity to act before taking action on your e-mail requests. You cannot use e-mail to make an account inquiry, stop payment, report unauthorized use of your User ID and Password, report an unauthorized transaction or engage in a funds transfer. You must notify us by calling or writing us at the phone number or address listed below.

Citizens Bank of Charleston
207 E Commercial Street
P O Box 130
Charleston MO 63834
PHONE 573 683-3373

Electronic Funds Transfer Act

The Electronic Funds Transfer Act (EFT) which is only applicable to consumers governs some of the terms set forth below. Commercial account holders are not entitled to the rights provided under this act.

The bank will mail or deliver to you monthly account statements for your bank account. The Bank will include any transfers you authorize through Internet Banking on your statements. You agree to review your periodic statement in accordance with this agreement and any other deposit or credit agreements governing your account, for accuracy of all data transmitted through the online system. You should promptly notify the Bank of any discrepancies, including but not limited to, any errors or inaccuracies related to data transmitted by any online service.

You may be assessed a fee for certain transactions. Refer to the Bank’s fee schedule for specific fee information. Fees may be deducted from your account without prior notice to you. Fees are subject to change from time to time at the Bank’s discretion.

Our Bank’s business days are Monday through Friday. Federal holidays on which our offices are closed are not considered business days. You may access your account information through Internet Banking 24 hours a day, seven days a week, except for interruptions due to maintenance or matters beyond the Bank’s control.

We will disclose information to third parties about your account or the transfers you make:
1. Where it is necessary for completing transfers, or
2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
3. In order to comply with government agency or court orders, or
4. If you give us your written permission.

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 will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
2. If the automated teller machine where you are making the transfer does not have enough cash.
3. If the (terminal) (system) was not working properly and you knew about the breakdown when you started the transfer.
4. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
5. There may be other exceptions stated in our agreement with you.

You shall be responsible for all transfers you authorize through Internet Banking. You shall also be responsible for all transactions initiated by persons to whom you have given your password.

Tell us at once if you believe your user ID or password has been lost or stolen. Telephoning is the best way of minimizing possible losses. Failure to notify the Bank could result in the loss of all money in your account plus your maximum line of credit, if you have one. If you report to the Bank within two (2) business days, the loss sustained by you will be no more than $50 if your password is used without your permission. If you do not report to the Bank within two business days after learning of the loss or theft of the password, and the Bank can prove that it could have prevented someone from using the password without your permission had we been notified, you could lose as much as $500. Also, if the statement shows electronic transfers you did not make, report them to the Bank at once. If you do not tell the Bank within 60 days after the statement was mailed, you may lose all of the money transferred after the 60 days if the Bank can prove that it could have prevented the loss had you reported it promptly. The Bank may extend the time periods for a good reason, such as a long trip or hospital stay, which might keep you from notifying the bank.

Electronic Fund Transfer Error Resolution

In case of errors or questions about your electronic transfers, or if you feel that any statement or receipt is wrong, or you wish to have more information about a transfer listed on a statement or receipt, contact us in writing or by telephone. Our information is as follows:

Citizens Bank
207 E Commercial Street
P O Box 130
Charleston MO 63834
PHONE 573 683-3373

We must hear from you within sixty (60) days after we send you the FIRST statement on which the problem or error appeared. When you contact us,
1) Tell us your name and account number. (Do not tell us your password)
2) Describe the error or the transfer you are unsure about, and explain as clearly as possible why you believe it is an error or why you need more information.
3) Tell us the dollar amount and the item reference number 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. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

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.

Notices

We may change the Internet Banking services and the terms, including fees, set forth in this agreement at any time. You will be notified of any such change as required by applicable law, either by mail or by an electronic message. You understand that by using after a change becomes effective, you have agreed to it.

Governing Law

This Agreement shall be governed by the laws of the state indicated below and, where applicable, by federal law. Any issue relating to an account or service with Citizens Bank shall be governed by the law(s) specified in the agreement for that account or service if there is a separate agreement for that account or service. Citizens Bank is currently located in Missouri.

Bank’s Responsibility

The Bank shall be responsible for performing services expressly provided for in this agreement and shall not be liable for any error or delay so long as the Bank has acted in accordance with the terms and conditions hereof. The Bank shall not be liable if you do not have sufficient funds in a designated account to complete the transaction you initiate or if the account is closed.

The Bank shall not be liable if you have not give us complete, correct or current transfer or payment instructions or if you have not followed proper instructions given through Internet Banking or software used. The Bank shall not be responsible for any loss, damage, liability or claim arising, directly or indirectly from any error, delay or failure in performance of any of its obligations hereunder which is caused by fire or other natural disaster, strike, civil unrest, any inoperability of communications facilities or any other circumstance beyond the control of the Bank.

Termination of Agreement

This agreement will remain in effect until you or Citizens Bank terminate it. We may cancel this agreement and terminate your use of Internet Banking for any reason, at any time. Both parties agree to provide sufficient notice of termination to the other party.
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