ONLINE ACCESS AGREEMENT & DISCLOSURE
End User License Agreement Terms:
This service is provided to you by Citizens Bank of Americus and powered by a Third Party “Licensor” online and/or mobile banking
technology solution. Section A of these End User Terms is a legal agreement between you and Citizens Bank of Americus. Section B
is a legal agreement between you and the Licensor.
Section A:
This agreement governs your use of the Citizens Bank of Americus Online Banking services. In this agreement, the word “Service”
refers to consumer and business online banking access. The Service is also subject to:
• the General Terms of Use for this website;
• the terms or instructions appearing on a screen when enrolling for, activating, accessing, or using the Service;
• Citizens Bank’s rules, procedures and policies, as amended from time to time, that apply to the Service and any Account
that is eligible to be accessed from this Service;
• the then-current rules and regulations of any funds transfer system or payment system used in connection with an Account;
and
• state and federal laws and regulations, as applicable.
In addition to this Agreement, you may have a separate agreement for each of your Accounts that are eligible to be accessed with
this Service, and those agreements will continue to apply to each of them. If this Agreement conflicts with another agreement, or
another agreement has terms that are not addressed in this Agreement, then the other agreement will control and take precedence,
unless this Agreement specifically states otherwise.
With respect to your Accounts, available transactions may include obtaining balance information, transaction history and other
information. In some instances, balance and transaction history may only reflect activity conducted through the close of the
previous Business Day.
We may occasionally introduce new features to the Service or eliminate features from the Service. When this happens, we will
update our website accordingly.
You agree that you are:
• solely responsible for acquiring and maintaining a computer or any other electronic device and equipment that can handle
and access the Service; and
• responsible for all costs associated with accessing the Service and your Accounts online or through Mobile Banking.
Account Owners:
1. If an Account is owned by more than one person or has more than one Authorized Representative or Agent, each such
person individually has the right to provide us with instructions, make any decision, obtain any information or make any
request associated with the Account(s).
2. If you notify us in writing that an Authorized Representative or Agent is no longer authorized to access the Account(s), only
transactions that you did not want or intend and that were performed after you notify us, and we have a reasonable
opportunity to act on the notice, will be considered unauthorized transactions.
3. For Business Customers Only – We may, at our option, permit you to authorize a Delegate to initiate transfers and/or view
transactions between your Accounts online. If you authorize a Delegate to transact business online, you also agree that for
the purposes of these transactions, the Delegate is an authorized signer, subject to the terms and conditions governing your
Account(s). Also, if you make a person an authorized signer on your Account(s), we may in our discretion, automatically
assign View and Transact authority to that authorized signer for online banking use. You are responsible for ensuring that
each Delegate or Authorized Signer maintains confidentiality of his or her username, password, or other login identification.
Waiver of requirement for two or more signatures:
You agree that any requirement of verifying two or more signatures on any item, such as checks, will not apply to electronic or
telephone transfers, and we will have no liability when making these kinds of transfers without the requisite verification. This means
that any person who is an authorized signer on your Account(s) is authorized by you to individually make electronic or telephone
transfers, even though that person’s authority to transfer or withdraw funds from your account by some other means (i.e. by check)
must be exercised jointly with one or more persons. This provision takes precedence over any conflicting account agreements you
have with us.
Accessing your Account:
To access your Account(s) through our website, you must have a username, password, and the required hardware and software as
described in our “Internet Banking Security” located within the Digital Banking section of our website. You must also comply with
any other security procedures and policies we may establish from time to time.
Subject to the terms of this agreement, you will generally be able to access your Accounts through the website 7 days a week, 24
hours a day. At certain times, the Service may not be available due to system maintenance or circumstances beyond our control.
You agree that access will be granted to all linked accounts where you are the Owner, Joint Owner, or Authorized Signer. Accounts
that are linked together will appear on your Account Summary page on the website without regard to who else may have an
ownership interest in each Account. However, consumer accounts and business accounts will not be linked unless you own all
Accounts.
You further agree that any Stop Payment requests submitted through this Service will be charged the normal Stop Payment fee of
$25.00. When you consent to a stop payment through the Service, you electronically confirm that the information provided is
correct and that you authorize the Bank to place a stop payment based on the details provided by you. A stop payment on a check
is effective for a period of six (6) months.
When enrolled to use the Mobile Banking Service, you may generally access certain Accounts through the mobile browser and receive
certain information through text messaging under this Service, using a handheld device. See Mobile Banking Addendum below for
additional information.
For violation of any agreement associated with your Accounts, we may, at our discretion, terminate or suspend your access to this
Service and will not be required to reinstate or re-activate your access. If you close your Accounts, we will suspend or terminate
your access without prior notice to you. Also, if you do not have any activity for 180 days we will temporarily suspend access, for
your protection. If you do not have any activity for 12 months, your access will be terminated.
Except as otherwise stated on the website or in our agreements with you, a funds transfer completed through this Service before the
transfer cutoff time of 8:00 p.m. EST for regular users and 4:00 p.m. EST for Cash Management users on a Business Day will be
posted to your Account the same day. All transfers completed after the cutoff time on a Business Day or at any time on a day that is
not a Business Day, may be posted on the next Business Day.
Bill Pay:
Citizens Bank of Americus Bill Pay feature allows you to schedule bill payments through the Service. You must be enrolled in the
Service to use Bill Pay. Each user that wants to use Bill Pay must enroll in the Service separately. There are additional fees
associated with the use of the Bill Pay service. Please refer to the Online Banking and Bill Pay link on our website for a list of fees.
International payments cannot be generated using Bill Pay. Contact our Customer Service Representatives if you would like to add
the Bill Pay feature to your Service.
We may use nonaffiliated third parties acting on our behalf to process Bill Pay Payments. Bill Pay third-party processors are required
to adhere to Citizens Bank’s strict standards of security and privacy protection.
MOBILE BANKING AGREEMENT AND DISCLOSURE
ONLINE BANKING ADDENDUM
I. Introduction
Citizens Bank of Americus endeavors to provide you with the highest quality Mobile Banking (the "Service") available. By enrolling in
the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the "Agreement").
the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the "Agreement").
We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will
be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or
feature is added and/or at the time of enrollment for the feature or service, if applicable.
From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as
may be required by Law.
II. Definitions
As used in this Agreement and Mobile Banking services, the following words have the meanings given below:
"Account(s)" means your eligible Citizens Bank of Americus Checking, Savings, Loans, CDs, Safe Deposit Box information and other
Citizens Bank of Americus products that can be accessed through Mobile Banking.
"Device" means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure
SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text
messaging services. Please consult your wireless plan or provider for details.
"Mobile Banking" means the banking services accessible from the Device you have registered with us for Mobile Banking.
"You" and "Your(s)," mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service.
"We," "Us," and "Bank" means Citizens Bank of Americus.
III. Mobile Banking Service
A. Description of Service. Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is
not intended to replace access to Online Banking from your personal computer or other methods you use for managing your
accounts and services with us. Mobile Banking allows you to access your Citizens Bank of Americus account information, make
payments to payees, transfer funds and conduct other banking transactions. To utilize the Mobile Banking Service, you must be
enrolled to use Online Banking and then activate your Device within the Online Banking system. We reserve the right to limit the
types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may
also reserve the right to modify the scope of the Service at any time.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be
supportable for all Devices. Citizens Bank of Americus cannot guarantee and is not responsible for the availability of data services
provided by your mobile carrier, such as data outages or "out of range" issues.
B. Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website.
You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that
you will contact us directly if you have any problems with Mobile Banking. We may modify the Service from time to time at our sole
discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as
modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to
you for any losses caused by your failure to properly use the Service or your Device.
C. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing
agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this
Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees,
limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed
on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for
all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and
services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other banking product accessed through this Service is also subject to the Account Agreements and
Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include
transaction limitations and fees which might apply to your use of Mobile Banking.
IV. Permitted Mobile Banking Transfers
You may use the Service to transfer funds between your eligible Citizens Bank of Americus Accounts ("Internal Transfer").
If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an
immediate Internal Transfer via Mobile Banking. Transfer transaction requests received after 8:00 p.m. EST on business days and all
transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, may be processed
on the Bank's next business day.
You must have sufficient funds available in the selected account at the time the transfer request is received, including any available
overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer
and unless your overdraft protection is provided via an Overdraft Line of Credit (CPAC), you agree to cover any overdraft amount
plus any applicable fees.
Each transfer from a savings or money market account using Mobile Banking is counted as one of the six limited transactions
permitted each monthly statement cycle period, as described in the Deposit Account Agreement and Disclosures. You may be subject
to fees or account conversion if you exceed the transactions limits of your Account using Mobile Banking or any other methods
outlined in your Deposit Account Agreement and Disclosures.
We may also limit the type, frequency and dollar amount of transfers for security purposes and may change or impose the limits
without notice, at our option.
You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred
funds.
V. Your Responsibilities
You represent and agree to the following by enrolling in Mobile Banking or by using the Service:
A. Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial
information which 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 to us for the purpose
of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account
information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile
Banking.
B. User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions
when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off
immediately at the completion of each access by you. You agree not to provide your username, password or other access information
to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile
Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You
agree not to use any personally identifiable information when creating shortcuts to your Account.
We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States.
Accessing Mobile Banking from locations outside of the United States is at your own risk.
C. 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, patent, trademark, trade secret or other proprietary rights or rights of 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.
D. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to
access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute
access to Mobile Banking.
E. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold
harmless Citizens Bank of Americus its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors
from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees)
caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on
information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c)
your use, or use by a third party, of Mobile Banking.
Consent to electronic communications:
As part of your enrollment in the Service, you have agreed that any and all disclosures and communications from us regarding your
Account, or this Agreement may be made electronically in accordance with the notice provisions of this Agreement.
Please read this Federal Electronic Signatures in Global and National Commerce Act (“E-Sign”) Disclosure and Consent carefully and
keep a copy for your records. You can record your consent to the E-SIGN disclosure by placing a checkmark in the box on the
webpage. By checking the boxes on the website, you consent to the electronic delivery of the disclosures, agreements, change
notices, terms and conditions and any other documents. You also agree that we do not need to provide you with additional paper
(non-electronic) copies of the disclosures, agreements, change notices, terms and conditions and any other documents, unless
specifically requested.
Electronic Delivery of Disclosures and Notices
In order to use the Online Banking Service and to access, receive and retain the disclosures, agreements, change notices, terms and
conditions and any other documents you must provide, at your own expense, an Internet connected device that is compatible with
this financial institution’s Online Banking Service deployed at the time of access. Your device must meet the minimum requirements
outlined below. If you do not want to receive the disclosures, agreements, change notices, terms and conditions and any other
documents electronically, you should exit this area of our website. If you do not consent to receiving these documents electronically,
you will not be able to access the Service.
System Requirements to Access Information
To receive an electronic copy of the disclosures, agreements, change notices, terms and conditions and any other documents you
must have the following equipment and software:
-A personal computer or another device which is capable of accessing the Internet. Your access to this page verifies that your
system/device meets these requirements.
-An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, which requires an up-to-date web
browser version of either Microsoft® Internet Explorer & Edge, Firefox, Safari or Google Chrome and your system or device must
have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meets
these requirements.
How to Update Your Records
It is your responsibility to provide us with a true, accurate and complete 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 this
information (such as your e-mail address) by visiting our website www.cbkamericus.com and clicking on the Options tab, or by
clicking on the “Contact Us” email link, or by contacting our Customer Service Representatives during normal business hours at 229-
924-4011.
Section B:
TERMS OF USE AND PRIVACY POLICY The primary licensor for the online and/or mobile banking service you are using (the “Service”)
is Jack Henry & Associates, Inc. (the "Provider"). By enrolling in our Service, you hereby agree as follows:
(i) General. The Provider is not the provider of any of the financial services available to you through the Service, and the Provider is
not responsible for any of the materials, information, products or services made available to you through the Service.
(ii) Provider Privacy Policy. Provider may access personal information while you use the Service. Provider may access records held by
your financial institution for such information as your phone number, home address or email address. Provider will use this contact
information to alert you about Service-related events or actions that require your attention. If you grant permission to use phone
information, Provider will use the phone number to pre-populate forms that expect a personal phone number for contacting. If you
grant permission to use your device’s location, Provider will use the data when checking for nearby branch and ATM locations. If you
grant permission to use access photos, media or other files stored on your device, Provider will use that information to add an image
to a transaction and add a photo to your profile. If you grant permission to use a camera, Provider will use it when taking a picture
to add an image to a transaction or to capture images of a check that is being deposited or to add a photo to your profile. In addition
to this Provider Privacy Policy, your financial institution maintains a privacy policy covering the personal and financial information
related to your use of the financial institution’s services and products, including such information that may be gathered through use
of this Service, such as the “Account Information” and “Registration Information” described below. A copy of that privacy policy is
available from your financial institution.
(iii) Source of Information. The Service, at your direction, will retrieve your information maintained online by financial institutions
and billers with which you have customer relationships, maintain accounts or engage in financial transactions and other log-in related
information ("Account Information"). Provider does not review, verify or analyze the Account Information for accuracy or any other
purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure
to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the
extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained
directly from the third-party sites.
(iv) Your Responsibility for Information. You are responsible for providing Provider with accurate and updated (as necessary) account
numbers, user names, passwords and other log-in related information ("Registration Information") so that the Service is able to
access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your
financial institution immediately.
(v) Rights You Grant to Provider. By submitting data, passwords, user names, PINs, log-in information, materials and other
Registration Information to Provider through the Service, you are voluntarily supplying that content to Provider for the purpose of
providing the Service to you. By submitting such information to Provider, you represent that you are entitled to submit it to Provider
for use for this purpose, without any obligation by Provider to pay any fees. By using the Service, you expressly authorize Provider to
access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add
Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. Provider will
submit information including user names and passwords that you provide to log you into the site. You hereby authorize and permit
Provider to use and store the information submitted by you (such as account passwords and user names) to accomplish the
foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You
acknowledge and agree that when Provider is accessing and retrieving Account Information from the third-party sites, Provider is
acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of
information over the internet, and you agree that by using the Service you are assuming those risks.
(vi) Consent to Use of Data. You agree that Provider may collect and use technical data and related information, including but not
limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to
facilitate the provision of software updates, product support and other services (if any) related to the Service. Provider may use this
information, as long as it is in a form that does not personally identify you, to improve its products or provide services or
technologies.
(vii) Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE
FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. YOUR USE OF THE SERVICE AND
ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(viii) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL,
SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN
ANY CASE, PROVIDER'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED IN THE
AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(ix) Google Analytics. To assist Provider in maintaining and improving this application, Provider uses Google Analytics to gather
information about usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on,
what kinds of operating systems and devices they use, and how they found the Service. Google Analytics does not track, collect or
upload any data that personally identifies an individual (such as a name, email address, account number or billing information), or
other data which can be reasonably linked to such information. The information helps Provider improve the performance of this
Service for you. For more information on Google's use of the data, please see the website "How Google uses data when you use our
partners' sites or apps" located at http://www.google.com/policies/privacy/partners/.
(x) Miscellaneous. This End User Agreement constitutes the entire agreement between you and Provider concerning the subject
matter hereof. This End User Agreement will be governed by and construed in accordance with the laws of the state of Iowa,
excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court
of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will
remain effective and enforceable. All disputes relating to this End User Agreement are subject to the exclusive jurisdiction of the
courts of Iowa and you expressly consent to jurisdiction and venue thereof and therein. This End User Agreement and all related
documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the
International Sale of Goods is hereby expressly waived and excluded.