This Agreement governs the use of the Citizens and Farmers Bank Internet Banking ("Internet Banking" or “Services”) services and is made and entered into by and between Citizens and Farmers Bank where the Account(s) accessed through Internet Banking are held ("Bank" , “We” or “Us”), also referred to as ("we" or "us") and each person who signs Bank's signature card for the Account, or credit line application; or is referenced on Bank's records as an owner of the Account ("Customer") also referred to as ("you"). As used in this Agreement, ("Account") refers to your checking, savings, or money market account with the Bank, some of which may not be eligible for electronic transfers and bill payments using the Service. Each customer is jointly and severally liable for all transactions initiated through Internet Banking, including overdrafts, even if the customer did not participate in the transaction, which resulted in the transaction.
Internet Banking is a Bank service accessed through a computer and modem (“Equipment”) to electronically connect with a database that allows you to view Account balance and transaction information, transfer funds among designated Accounts, pay bills from designated Accounts, send electronic mail to Bank and receive electronic mail (“Services”) from Bank.
The terms and conditions of any deposit Account agreement, rules, regulations, schedule, signature card, credit agreement, including any disclosures made pursuant to such agreements, or authority executed by or made available to Customer and any subsequent amendments to any of the foregoing, are incorporated herein by reference. However, if there is any conflict or inconsistency between the terms and conditions stated in the other agreements and those of this Agreement, the terms and conditions of this Agreement shall control to the extent of such conflict or inconsistency.
Some of the transactions permitted under this Agreement are governed by the Electronic Funds Transfer Act and some terms and conditions included in the Agreement are required by this Act.
Upon registering as an Internet Banking customer, you will receive a temporary Customer Number and create your Password that will allow you access to your Account information. Each time you access your Account information, make transfers or give transfer-related instructions, you will be required to enter your Customer Number and Password. If your Password is lost or stolen, or is known by another individual, you must notify the Bank immediately. Failure to notify the Bank promptly could result in loss of funds. Bank reserves the right to prevent your access to Internet Banking should we have reason to believe the confidentiality of your Password has been compromised. Use of the Customer Number and Password is the agreed security procedure to access the Services through any of the Equipment. You agree to keep the Password confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. Use of the Customer Number and Password assigned to you will indicate to the Bank your acceptance of the terms and conditions governing your Account(s) and this Internet Banking Agreement. Any Internet Banking transactions, including, but not limited to accessing Account information, making transfers, giving transfer-related instructions or utilizing the electronic bill payment service, initiated by person(s) on behalf of a commercial customer by entering the correct Password is deemed as acting with full authority of the Board of Directors, members or general partners, as applicable, to the commercial customer.
You are solely responsible for the maintenance, installations and operation of your computer and for the software used in accessing Internet Banking. 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 Bank be responsible for any computer virus that affects your computer or the software while using Internet Banking.
By accessing Internet Banking through the World Wide Web, you agree that Bank shall not be liable for any indirect, incidental, or consequential costs, expenses or damages (including lost savings or profit, lost data, business interruption or attorney's fees.)
Additionally, you must have an Internet Service Provider and a Browser to utilize Internet Banking through the Internet.
To subscribe to Internet Banking you must maintain at least one deposit Account with Bank which may include the following types of Accounts: checking Account, savings Account or money market Account. Internet Banking will allow you to access more than one Account to view Account balance and transaction information, transfer funds among designated Accounts, pay bills from designated checking Accounts, send electronic mail to Bank and receive electronic mail from Bank.
Bank reserves the right to refuse to open an Account or to deny Customer the ability to access Internet Banking, to limit access or transactions or to revoke a Customer's access to Internet Banking without advance notice to Customer.
If you do not log on or have outstanding scheduled bill payments or transfers through Online Banking or Online BillPay for 90 days or more, we may cancel your Service without further notice.
Account information displayed through Internet Banking is the current information at the time the transaction takes place. Funds transfers between Account(s) initiated on your computer using Internet Banking, and received by Bank by 6:00 p.m. EST Monday - Friday will be effective on the current business day. Funds transfers processed on your computer using Internet Banking, and received after 6:00 p.m. EST Monday - Friday or all day Saturday, Sunday, and banking holidays will be effective the next business day.
The restrictions on the number of withdrawals from your savings and money market Accounts (please refer to your checking or savings account agreement) apply to funds transfers between Accounts initiated through Internet Banking.
Electronic Mail to Bank may be delayed; therefore, if you need Bank to receive information concerning your Account immediately, you must contact Bank in person or by telephone (i.e. stop payments, to report a lost or stolen card or to report unauthorized use of your Account). Electronic Mail is not a secure method of communication; we do not recommend you sending confidential information through electronic means. If you must use electronic means to communicate with Bank please make sure to use the secured features offered by Bank (secure options in I-Bank24). Bank shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.
The Electronic Bill Payment Service feature of Internet Banking allows you to make payments from your designated checking Account. Payments may not be made to entities outside the United States. You may not designate Accounts that require two signatures. Checks, drafts, ACH debits, or other items initiated through Internet Banking which are drawn against insufficient or unavailable funds in your Account may be subject to a penalty as set forth in Bank's current schedule of charges. Bank reserves the right to not pay any check, draft, ACH debit or other item that is drawn against insufficient or unavailable funds. Furthermore, Bank’s internet check processor may also charge an additional $25.00 non-sufficient funds fee, for items which were paid on your behalf.
To ensure payments are received by the payee on or before the date due, your payment authorization must be received by Bank or its agents a minimum of five (5) business days in advance of the due date. If you fail to authorize your payment five (5) business days in advance and the payment is subject to additional fees as a result, Bank will not be responsible.
When entering your payment directive, you select the payee from a list previously entered by you or you type the payee information yourself. It is your responsibility to select the correct payee or type the correct payee name, address and Account number. Bank will not be responsible if you should select the incorrect payee, provide an incorrect address or Account number or if you incorrectly type payee information.
Some of the terms set forth below are governed by the Electronic Funds Transfer Act ("EFT Act") which is only applicable to consumers. Commercial Account holders are not entitled to the rights provided under the EFT Act.
If you believe unauthorized transactions are being made from your Account please notify the Bank immediately. Contact C&F Bank Customer Service at (804) 843-2364 or write the Bank at:
C&F Bank
Attn: Internet Banking Customer Service
3600 La Grange Parkway
Toano, VA 23168
The Bank will mail or deliver to you periodic statements for your Bank Accounts as disclosed in your deposit or credit agreements. The Bank will include any transfers or bill payments 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.
There are no fees for basic Online Banking and Bill Pay Service; however, there are additional Services within Online Banking that may incur fees. Please refer to Bank’s Fee Schedule for these fees.
External Funds Transfer Fees:
Standard 3-Day transfers (inbound/outbound) $7.00
Premium Next Day transfers (inbound/outbound) $15.00
Pay People Transactions $7.00
If you have set up regular bill payments (pre-authorized debits) through Internet Banking, you may alter or change the payment order until the payment is processed.
If you are unable to cancel or change the payment, call or write us in time for us to receive the request three business days or more before the payment is scheduled to be made. Call us at (804) 843-2364 or e-mail us. If you call, we may require the request be confirmed in writing and received by us within fourteen (14) days after the call. Charges for stop payment orders are shown in the Bank's fee schedule.
If you request that we stop one or more of these pre-authorized debits three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
The Bank's business days are Monday - Friday. Federal holidays on which our offices are closed are not considered business days.
You may access 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.
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 by telephone or in writing.
By telephone:
(804) 843-2364
In writing:
C&F Bank
Attn: Internet Banking Customer Service
3600 La Grange Parkway
Toano, VA 23168
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,
If you notify us by telephone, we may require that you send us your complaint or question in writing within ten (10) business days. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your Account.
We will tell you the results of our investigation within ten (10) business days after notice of the problem and will correct any error promptly. If we need more time, however, we may take up to ninety (90) days to investigate complaints or questions concerning foreign-initiated transfers or up to forty-five (45) days to investigate all other electronic transfers. If we need this extended time to investigate, we will provisionally credit your Account within ten (10) business days for the amount you think is in error. You will have the use of the money during the time it takes us to complete the investigation. If we decide no error occurred, we will send you a written explanation within three business days after our investigation is completed. You may ask for copies of the documents we used in our investigation.
You shall be responsible for all transfers and electronic bill payments you authorize through Internet Banking. You shall also be responsible for all transactions initiated by persons to whom you have given your Password. You agree not to give or make available your Customer Number or Password to any person who is not authorized to access your Account(s). If someone to whom you have granted authority to use your Customer Number and Password exceeds such authority, you are fully liable for all transfers and payments made by such person until you have notified us that you have terminated the authority granted to such person and have given us a reasonable period of time to act upon such notice. You agree to cooperate with us in the investigation and prosecution of any person who has obtained or used your Customer Number and Password without your authorization.
You must report to the Bank AT ONCE if the Password has been lost or stolen. Telephoning is the best way of minimizing possible losses. We may require that you put such notice in writing. Upon receipt of such notice we may require you to immediately change your Customer Number and Password, and to identify the person or persons you believe to have exceeded such authority. 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 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 it 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.
Additional Provisions Applicable only to Business Accounts (other than Sole Proprietors)
Protecting your Password-You agree that we may send notices and other communications including Password confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your Password secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your Password that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new Password if you believe your Password may have become know to an unauthorized person. The Bank will have no liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
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. 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 given the Bank complete, correct or current transfer or payment instructions or if you have not followed proper instructions given through Internet Banking. 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.
You agree that, except as expressly stated herein, there is no warranty of merchantability, no warranty of fitness for a particular purpose, and no warranty of any kind, expressed or implied, regarding any aspect of Internet Banking.
The Bank may disclose information to a third party about your Account or the transfers only if you have given us permission to do so, or when it is necessary to complete transfers; verify the existence or status of your Account to a third party such as a credit bureau or merchant; or, to comply with a court order or the request of a government agency.
You acknowledge and agree that we, or a third party acting as our agent, may obtain and use information from credit bureaus and consumer reporting agencies in connection with any accounts, products and services offered by us to investigate or reinvestigate any information provided by you. The Bank may also verify your employment, salary, assets, debts and references.
You agree that by using Internet Banking to conduct transactions, the information and transfers will be recorded and/or data captured. By using the Bank's service you consent to such recording.
If any provision of the Agreement is found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.
This Agreement may be amended at any time by the Bank and the revised information will be made available at any Bank office and, in many cases, will be mailed or sent via electronic mail to you. You will be required to abide by these changes in future transactions.
Should any dispute arise between Customer and the Bank relating to the Account and if following the good faith negotiation of the dispute, it cannot be resolved, it shall first be submitted to mediation. Mediation shall be conducted at the nearest office of the mediation organization mutually agreed upon by Customer and the Bank.
CUSTOMER HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF THIS AGREEMENT OR RELATING TO THE ACCOUNT AS PERMITTED UNDER APPLICABLE LAW.
We may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not constitute a waiver of the term or provision in the future.
We may assign the rights and delegate the duties under this Agreement to any present or future, directly or indirectly, affiliated company or to any third parties.
Either party may terminate this Agreement by giving sufficient notice to the other party. Any transaction you have initiated prior to notice of termination will continue to be made until Bank has had a reasonable opportunity to act upon the notice of termination. If Bank terminates your access to Internet Banking, the Bank reserves the right to immediately stop making transfers or payments from your Account(s), including those you previously authorized.
This Agreement is subject to the provisions of all applicable operating circulars of the Federal Reserve Bank and any other applicable provisions of Federal Law. Except as so provided, this Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. The parties agree that the venue and jurisdiction for any litigation arising from or out of this agreement shall be in the Circuit Court for King William County and the parties submit to the jurisdiction of said county.
| I AGREE: I have read the above disclosure, agree to the terms and would like to proceed with online registration. |
