Digital Banking Agreement

DIGITAL BANKING AGREEMENT
Section 1. Introduction
Citizens Bank provides Digital Banking as a convenience for our customers. By enrolling in the Service or participating in the Services, you agree to all the terms and conditions contained in this Digital Banking Agreement (the “Agreement”). When you use our Services or you permit another person access to use the Services, you agree to the terms and conditions we have set out in this Agreement and any instructional material that we provide you regarding the Services. This Agreement supersedes all prior agreements or understanding between the parties respecting the subject matter of the Services. This Agreement supplements Citizens Bank’s standard demand deposit account rules, terms and conditions, and should a conflict exist between the two then the terms of this Agreement shall control.
We may offer additional Digital Services and features in the future. Any such added Services shall be governed by this Agreement and by any terms and conditions provided to you at the time the new Service or feature is added or at the time of your enrollment for the Service or feature, if applicable. From time to time, we may amend these terms and modify or cancel the Services we offer without notice, except as may be required by Law. If and when those changes are made, they shall become effective immediately. It shall be the duty of all users of our Services to stay informed of these changes.
Section 2. Definitions
In this Agreement, the words “we”, “us”, “our”, and “Bank” mean Citizens Bank. The words “you” and “your” mean each person who establishes an Internet Banking Account with us or who uses or is authorized to use an Internet Banking identification number and password or other means of access we establish or approve. “You” shall also include your employees, agents, and any other entities or individuals whom you have granted access to or authority over the Services on your behalf. The words “Authentication Codes” mean the Internet Banking identification number, password, and/or other means of access or credentialing information including multifactor authentication measures that we establish or approve. “Services,” “Service,” “Digital Services,” or “Digital Banking” mean Digital Banking Services, our services that allow you to obtain account information, transfer funds, make deposits, make payments including our “Bill Pay” service, access accounts, and perform other transactions over the Internet by use of a personal computer and/or other means we authorize or allow. “Bill Pay” or “Bill Payment” means our Internet Bill Payment service that allows you to direct payments from your designated Bill Pay deposit account(s) to third parties you wish to pay. “Business Day” means Monday through Friday, excluding bank holidays observed by Citizens Bank. Time of day references when using our Services are to Eastern Standard Time (“EST”) or Eastern Daylight Time (“EDT”), as applicable. Consumer account means a demand deposit (checking), savings, or other asset account (other than an occasional or incidental credit balance in a credit plan) established by a natural person primarily for personal, family, or household purposes.
Section 3. Access to Services
Our Services are for authorized use by Citizens Bank customers only. Attempted or actual unauthorized access may be a violation of state and federal law and will be prosecuted to the full extent of the law.
You must have at least one eligible deposit, credit, or other account type with us. Except for as allowed in the Security Procedures section herein, you may not designate any account that requires more than one signature for withdrawals. You must be the owner of the eligible account (or accounts). Your accounts with us must be in good standing. For Bill Pay Services, you must have a checking account or other qualifying account that will be designated as the account from which Bill Payments will be made.
You, or someone you have authorized by giving them your Authentication Codes, can instruct us to provide information or perform transactions on any of your accounts for which you have enrolled for Services including:
• Account Information - information, including transaction history, about your accounts.
• Funds Transfers - make transfers between your accounts at Citizens Bank.
• Funds Transfers - make transfers between your accounts at Citizens Bank and deposit accounts at other financial institutions.
• Bill Pay - make current, future and recurring payments from an eligible Citizens Bank account. See Bill Pay section below.
• Person to Person (P2P) Transfers - make payments from an eligible Citizens Bank account to another individual. See Person to Person Transfer section below.
• Download transactions and statement - download information into certain personal finance software products or to your personal computer or other authorized device.
• Other Services - obtain other Services or perform other transactions that we may authorize.
Section 4. Electronic Signatures (E-Sign)
If you contract with us electronically by selecting the “I Agree” button or checking a box indicating “I Agree” or otherwise request documentation or disclosures electronically, you specifically consent and agree that we may provide the Agreement and any revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Services, electronically as a part of the Agreement or otherwise electronically as a part of the Services (hereinafter all such documentation is referred to as “electronic record(s)”). You have a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation.
You may withdraw your consent and revoke your agreement to receive records electronically by changing your election using options we provide for that purpose within our Digital Banking Service or by calling us at 1-866882-2265 or writing to Citizens Bank, P.O. Box 1900, Elizabethton, TN 37644-1900. You may also call or write us to terminate the Services or to update your information, such as a change of address or email address. Withdrawal of your consent will terminate your enrollment to receive electronic documentation as described herein, unless you submit to us and we accept a validly executed paper agreement containing the same terms and conditions.
You consent and agree that your use of a keypad, mouse, or other device to select an item, button, icon or similar act/action while using any Service we offer; or in accessing or making any transactions regarding any agreement, acknowledgement, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to verify the validity of your electronic signature; and that the lack of such certification or third party verification shall not in any way affect the enforceability of your signature or any resulting contract between you and us. All electronic communications that meet these requirements shall be deemed to be valid and authentic, including but not limited to your consent to this Agreement, and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid, and you will not contest the validity of the original or copies, absent proof of altered data or tampering.
You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any loss, claim, or damages arising or in any way related to our response(s) to any e-mail or other electronic communication, including, but not limited to, your purported electronic acceptance of the terms and conditions under which our Services are offered, which we in good faith believe you have submitted to us. We have no duty to investigate the validity of or to verify any e-mail or other electronic communication and may respond to an e-mail at either the address provided with the communication or an e-mail address in any other application or written communication actually received by us. Any account owner, co-borrower, or authorized user may change the e-mail address for information from us at any time. Although having no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. The decision to require authentication is made in our sole discretion. We shall have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication cannot be authenticated to our satisfaction.
We may not immediately receive e-mail communications that you send. Also, we will not take action based on email requests until we actually receive your message and have a reasonable opportunity to act. We reserve the right to require any notices from you to be submitted to us in writing, and we may refuse to send certain information through unsecured e-mail communications. If you need to contact us immediately, you may call 866-882-2265 or 423-952-2265. You may also write to us at Citizens Bank, P.O. Box 1900, Elizabethton, TN 37644-1900.
Section 5. Equipment and Software
You are responsible for providing and maintaining any equipment that is necessary for you to access the Services, such as software, telephones, terminals, modems, mobile devices, internet service provider connection and computers (the “Equipment”). You agree to use Equipment that is compatible with our Systems, which we may change from time to time. We assume no responsibility for the defects or incompatibility of any Equipment or software that you use in connection with the Services, even if we have previously approved their use.
The Bank is not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, caused by failure, inadequacy or disruptions to or affecting your Equipment, including computer resources, the internet service provider or any software product caused in whole or part by the Service, or caused by any third party who uses or accesses your Equipment to view or misappropriate your account information or rights in the Services. You shall be solely liable for the conduct (negligent or intentional) of all persons, employees, or agents to whom you have granted permission or authorization to use your Equipment or the Services. You understand and agree that you are solely responsible for maintaining the security and privacy of your Equipment. You represent and warrant to us that you have installed and will maintain and upgrade, on an as-needed basis, all reasonable computer security features and defenses on your computer and internet connection network, including but not limited to the installation of effective and current firewalls, anti-virus, anti-malware and antispyware software. You are responsible for the charges of any internet or other service providers while using the Services, and for all charges required to maintain and update your Equipment’s functionality and security protection.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER BANK NOR ITS SUPPLIERS OR VENDORS MAKE
ANY WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES OR ANY EQUIPMENT WHICH THE BANK MAKES AVAILABLE TO YOU. You agree to notify us promptly if any Bank-supplied Equipment becomes defective or inoperative. Our sole responsibility in such instances will be to replace or repair the defective Equipment. We do not warrant that the Equipment provided to you will be error free or that the Services will be uninterrupted. We shall have no responsibility whatsoever for any damages caused by or incurred in any manner as a result of any use of the Equipment.
You agree to comply with the terms of any software license provided to you in connection with the Services. You may not transfer, distribute, copy, reverse compile, modify or alter such software as the Bank provides to you, if any. Unless otherwise agreed by us in writing, the Services and the systems and Equipment through which the Services are provided to you represent our proprietary property and must be returned to us upon request. We and our suppliers retain all right, title and interest in and to the intellectual property rights associated with the Services and the Equipment we provide to you. Your license to use Equipment or software we have provided to you will end with the termination of this Agreement or upon our earlier notice to you. You may only use the Bank supplied Equipment and software in connection with your use of the Services. You may not use or move Bank supplied Equipment or software outside the United States without our prior written consent.
Section 6. Security Procedures
A. Authentication Codes:
To access our Services you must use the identification code and other means, including “multi-factor authentication,” we establish or provide for your Digital Banking Customer Account, together with a password (collectively referred to as “Authentication Codes”). You are responsible for safekeeping your Authentication Codes and protecting them from
unauthorized access. You agree not to provide your Authentication Codes, username, password, or other access information to any person who is not an owner of the account(s). If you permit other persons to use your Authentication Codes, computer or other Equipment, login information, or other means to access the Services, you are responsible for any transactions they authorize and we shall not be liable for any damages resulting to you. Anyone to whom you provide your Authentication Codes will have full access to your accounts even if you attempt to limit that person’s use or authority. You agree to assume responsibility for all transactions initiated through the Service with your Authentication Codes, up to the limits allowed by applicable law. We reserve the right to block access to the Services if we reasonably believe the confidentiality of your Authentication Codes may have been compromised or that they are being used by an unauthorized person.
You agree to take every commercially reasonable precaution to ensure the safety, security and integrity of your account and transactions when using the Services. You agree not to leave your online session or access to the Services unattended while logged into the Services and to log off immediately at the completion of each access by you. You agree not to use any personally identifiable information when creating shortcuts to your account. For your protection, we recommend that you do not use the same Authentication Codes for these Services that you use on other bank and non-bank products.
The hardware and software that you use may be subject to unauthorized tracking or other manipulation by “spyware”, “virus” or other similar or dissimilar code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk. We will use commercially reasonable efforts to secure the Service to prevent access by unauthorized persons and to prevent the introduction of malicious code. However, despite our efforts, the security of the Service could be compromised or malicious code could be introduced by third parties or as the result of your actions. The Bank has made the Trusteer Rapport online security software available for all desktop customers for no charge. The Bank strongly recommends all customers use Trusteer Rapport as an additional layer of security in addition to security measures that you agree to maintain to secure your own hardware and software. If for any reason you choose to not install and activate the Trusteer Rapport solution, you acknowledge and accept the risks associated with your choice. You acknowledge receipt of the Security Procedures Supplement, which is incorporated herein by reference.
We make no representation that any content or use of the Services is available for use in locations outside of the United States. Accessing the Services from locations outside of the United States is at your own risk.
B. Limitation of Liability for Consumer Users:
THE DISCLOSURES AND TERMS IN THIS SUBSECTION ARE APPLICABLE ONLY TO THE EXTENT THAT USE OF THE
SERVICES DESCRIBED IN THIS AGREEMENT AND THE SERVICE ACCOUNTS RELATED TO THE USE OF THE SERVICES ARE PRIMARILY FOR CONSUMER (PERSONAL, FAMILY OR HOUSEHOLD) USE. IF YOU USE THE SERVICES
FOR ANY BUSINESS ACTIVITY, YOU ASSUME ALL RISK OF LOSS FOR UNAUTHORIZED TRANSFERS AND
PAYMENTS, AND YOU MUST ESTABLISH YOUR OWN INTERNAL SECURITY PROCEDURES FOR EMPLOYEES YOU AUTHORIZE TO USE THE SERVICES AND TO PREVENT ALL UNAUTHORIZED USE BY OTHER EMPLOYEES OR PERSONS.
Tell us AT ONCE if you believe your Authentication Codes have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. If you fail to tell us, you could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you learn of a loss or theft or suspected loss or theft of your Authentication Codes, or suspected or actual misuse of your account, you can lose no more than $50 if someone used your Authentication Codes without your permission.
If you do NOT tell us within two (2) Business Days after you learn of the loss or theft or suspected loss or theft of your Authentication Codes, or suspected or actual misuse of your account, and we can prove we could have stopped someone from using your Authentication Codes or completing an unauthorized electronic funds transfer(s) 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 sixty (60) days after the statement was mailed (or electronically submitted) to you, you may not get back any money you lost after the sixty (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 periods.
If you believe your Authentication Codes have been lost or stolen call or write us at the telephone number or address listed herein.
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:
• If, through no fault of ours, you do not have enough money in your account to make the transfer.
• If the transfer would go over the credit limit on your overdraft line.
• If the automated teller machine (“ATM”) where you are making the transfer does not have enough cash.
• If the Services, ATM, terminal, or system was not working properly and you knew about the breakdown when you started the transfer.
• If you have not given us complete, correct or current account numbers, other identifying information, or instructions so that we can properly credit your account or otherwise complete the transaction.
• If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
• If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due as described in the Bill Payment Deadlines section.
• If a timely transfer or payment is made but the transferee or payee nevertheless does not credit your account promptly after receipt.
• If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim that restricts access to the funds.
• If we or our agent reasonably believe that a transaction may be unauthorized and based thereon the transaction is not completed.
• If circumstances or persons beyond our or our agent’s control prevent, delay, intercept, or alter the making of a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunications breakdowns or interruptions, labor disputes, delays caused by payees, interruption of service by ATM or other payment networks, fires, floods, and other natural disasters.
C. Administration of Your Services by Business and Non-Consumer Users:
THE DISCLOSURES AND TERMS IN THIS SUBSECTION ARE APPLICABLE ONLY TO THE EXTENT THAT USE OF THE SERVICES DESCRIBED IN THIS AGREEMENT AND/OR THE SERVICE ACCOUNTS RELATED TO THE USE OF THE SERVICES ARE PRIMARILY FOR BUSINESS OR NON-CONSUMER USE.
You must appoint an administrator (“Administrator”) for the Services and inform the Bank of that designation in a manner acceptable to the Bank. You assume sole responsibility and liability for the actions and conduct of the Administrator, all agents or employees authorized by the Administrator to use the Services and all current and former employees who either intentionally or by misconduct have gained access to your Authentication Codes.
Transfers, payment orders and other account activity authorized by the Administrator consistent with this
Agreement and the security procedures herein, and those in the Security Procedures Supplement (together, the “Security Procedures”), shall be deemed authorized by you, even if contrary to preexisting or conflicting requirements for the applicable
account. For example, if so established by the Administrator, we will act upon the instruction of only ONE person for a funds transfer, even though the signature card for the account in question requires two or more signatures for checks or funds transfers. The Administrator may establish the requirement of dual approvals for certain transaction types within the Services.
D. Security Procedures Applicable to Business and Non-Consumer Users:
THE DISCLOSURES AND TERMS IN THIS SUBSECTION ARE APPLICABLE ONLY TO THE EXTENT THAT USE OF THE SERVICES DESCRIBED IN THIS AGREEMENT AND THE SERVICE ACCOUNTS RELATED TO THE USE OF THE SERVICES ARE PRIMARILY FOR BUSINESS AND NON-CONSUMER USE.
You agree to be bound by any transfer, instruction or payment order we receive through the Services, even if it is not authorized by you, if it is received and processed by us in accordance with this Agreement, including the Security Procedures Supplement which is incorporated herein by reference. You also acknowledge and agree that the Security Procedures are commercially reasonable for your protection against unauthorized and fraudulent activity and payment orders on your accounts under the Services, notwithstanding the existence of different security policies and procedures which may be more protective, thorough and/or advanced. You acknowledge that the purpose of the Security Procedures is not for the purpose of detecting error in the transmission or content of information supplied by you to the Bank. No Security Procedure for the detection of any such error has been agreed to by us. Some of the Services allow you or your Administrator to set transaction limitations and establish internal controls. Your failure to set such limitations and implement such controls and security enhancements increases your risk of, and responsibility for, unauthorized transactions and payment orders. If you select less protective procedures for your access to or use of the Services other than the Security Procedures or if you fail to fully abide by your own obligations under the Security Procedures, then the procedures selected or followed by you shall be the Security Procedures applicable to the Services and for all purposes shall be deemed and accepted by you as commercially reasonable to the same extent as the Security Procedures offered by the Bank. You acknowledge receipt of the Security Procedures Supplement.
You agree to (i) take reasonable steps to safeguard the confidentiality and security of the Authentication Codes, your Equipment and premises and any other Confidential Information; (ii) take reasonable steps to assure that the Administrator and any others whom you have granted access to the Services maintain the confidentiality of their respective Authentication Codes from physical loss or cyber compromise; (iii) closely and regularly monitor the activities of the Administrator and all others Administrator’s designees who access the Services; (iv) notify the Bank immediately if you have any reason to believe the security or confidentiality required by this Agreement has been or may be breached; and (v) immediately change your Authentication Codes if you know or suspect that the confidentiality of the Authentication Codes has been compromised in any way.
We (Citizens Bank and you) have considered the size, type, frequency and character of transactions to be conducted by you using the Bank’s desktop and mobile banking Services, as well as the various risks presented by and associated with such transactions and use. After such consideration, we agree that these Security Procedures are commercially reasonable procedures for the purpose of securing the transactions being conducted by you using the desktop and mobile banking Services.
You will promptly notify us in the event your use of the Bank’s Services would necessitate or be better served by a level of security that exceeds that offered by these Security Procedures. If you fail to so notify us, then you acknowledge and agree that the security aspects of the Bank’s Services are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
For avoidance of doubt, you will be bound by all requests, communications, or other instructions to the Bank that are initiated under your subscription to Digital Banking and that are in compliance with these Security Procedures regardless of whether or not you or any Administrator or authorized user actually authorized the instruction. If any instruction initiated under your subscription to Digital Banking and accepted by us in compliance with these Security Procedures contains any error, to the full extent allowed by law you shall be liable for, and shall indemnify us against any claims, losses and expenses we may incur that arise from or relate to the erroneous instructions. Our records demonstrating compliance with these Security Procedures will be
deemed conclusive proof that the payment order or other instruction received by us was authorized and that you are bound by those instructions.
Tell us AT ONCE if you believe your Authentication Codes have been lost or stolen, or if you believe an unauthorized person has accessed or is accessing your accounts, or if you believe that an electronic fund transfer has been, or may have been, made without your permission, or if you believe any other recording error exists. Call or write us at the telephone number or address listed herein. Telephoning is the best way to notify us because time is of the essence in order to mitigate your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit).
YOU AGREE THAT OUR BANK HANDLES LARGE NUMBERS OF ELECTRONIC TRANSACTIONS AND PAYMENT
ORDERS AND THAT THE BANK CANNOT AND WILL NOT EXAMINE ANY PAYMENT ORDER RECEIVED PURSUANT
TO THIS AGREEMENT FOR ACCURACY OR AS TO PAYEE, AMOUNT, OR CHARACTERISTIC, EXCEPT AS MAY BE
OTHERWISE AGREED TO BY THE BANK IN THIS AGREEMENT OR OTHERWISE BY ANOTHER AUTHENTICATED WRITING; AND THAT IN SO DOING THE BANK WILL BE DEEMED TO HAVE ACTED IN GOOD FAITH AND TO HAVE EXERCISED ORDINARY CARE IN THE PROCESSING OF SUCH PAYMENT ORDERS.
Section 7. Account Ownership/Accurate Information
You represent that you are the legal owner of the accounts and other financial information which may be accessed via the Services. You represent and agree that all information you provide to us in connection with the Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Services. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Section 8. User Conduct
You agree not to use the Services or the content or information delivered through the Services 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 the Services 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 the Services; (i) interfere with or disrupt the use of the Services by any other user; or (j) use the Services in such a manner as to gain unauthorized entry or access to the computer systems of others.
Section 9. 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 resell, lease, rent or distribute access to the Services or otherwise make any unauthorized commercial use of the Services.
Section 10. Incorrect Transactions on Your Statement
A. Notification:
In case of errors or questions about your electronic transfers, notify us by calling 423-543-2265 or toll-free at (866) 882-2265, or by writing to Citizens Bank Customer Service, P.O. Box 1900, Elizabethton, TN 37644-1900 as soon as possible.
You may also contact us through our web site - www.citizensbank24.com using the “Contact Us” section of the website. We will acknowledge your communication via e-mail, telephone, or other means of communication. Because e-mail is not a secure method of communication over the Internet, we recommend that you do not include any of your account or social security numbers in e-mails.
We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the error or problem appeared. If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) Business Days.
In your letter, give us the following information: 1) Tell us your name and account number. 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.
You agree to fully cooperate with us and to assist us, and to provide such records and documentation as we may request, in the investigation, correction, and resolution of any errors or problems related to your use of the Service.
B. Our Responsibilities for Consumer Accounts:
THE DISCLOSURES AND TERMS IN THIS SECTION ARE APPLICABLE ONLY TO THE EXTENT THAT USE OF THE
SERVICES DESCRIBED IN THIS AGREEMENT AND/OR THE SERVICE ACCOUNTS RELATED TO THE USE OF THE SERVICES ARE PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD USE. SUCH DISCLOSURES DO NOT APPLY TO THE EXTENT THAT THE USE OF THE SERVICES IS FOR BUSINESS OR NON-CONSUMER PURPOSES.
We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question (ninety (90) days for transfers initiated outside the United States or for transfers during the first thirty (30) calendar days after the first deposit to a new account). If we decide to do this, we will credit your account within ten (10) Business Days (twenty (20) days for transfers initiated outside the United States or within the first thirty (30) calendar days after the first deposit to 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 ten (10) Business Days, we may not credit your account.
We will tell you the results within three (3) 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.
For suspected loan transaction errors, you do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we will not report you as delinquent or take any action to collect the amount you question.
Section 11. Online Transfers and Bill Payments
A. Transfer and Payment Limits:
You may make as many intrabank transfers and online Bill Payments as allowable by the available funds in any account from which you instruct us to make a payment or transfer subject to maximum limits for consumer users of twenty-five hundred dollars ($2,500) per individual bill payment and five thousand ($5,000) per day OR for business and non-consumer users of five thousand dollars ($5,000) per individual bill payment and ten thousand dollars ($10,000) per day. If the date you schedule a
payment to be made is not a Business Day, funds must be available in your account the following Business Day. Bill Payments will be debited to your account on the date you schedule the payment (or the next Business Day, if applicable).
External Account Transfers are an optional service and are governed by Section 20 and the separate External Account Transfers Service Agreement.
Bill Payments and transfers must be payable in United States dollars to a payee located in the United States. We reserve the right to restrict types of payees to whom payments may be made using the Services from time to time. You should not use the Bill Pay Service to make payments to settle securities purchases, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
If any of your qualifying accounts are money market or savings accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than six (6) in any specified period. You agreed to the “Terms and Conditions of Your Deposit Account” that you received when you opened your deposit account. Please refer to those terms for more information on applicable transaction limits. You may request another disclosure of these from the Bank at any time.
Payments can be entered, edited, or deleted until 3:00pm EST the day of the scheduled payment date. Internal transfers can be entered, edited or deleted until 10:00pm EST of the scheduled transfer date. Internal transfers entered after 10:00pm EST will be processed on the next Business Day. External transfers (to/from non-Citizens bank accounts) are governed by our External Account Transfers Service Agreement.
B. Bill Payment Deadlines:
Bill Payments are processed twice each business day at 8:00am and 3:00pm EST. Payments scheduled after 7:58am EST, but before 2:58pm EST will process at 3:00pm EST on the business day. Payments scheduled after 2:58pm EST but before 7:58am EST the next business day will be processed at 8:00am EST.
You must schedule a Bill Payment at least five (5) Business Days prior to the payee’s due date for check payments and three (3) Business Days prior to the due date for electronic payments (except only two (2) Business Days for electronic payments that specify a two (2) day lead time within the system), to allow for proper and timely posting to your payee account. This means you must schedule the payment date to be the date the applicable number of Business Days prior to the due date. You agree and understand that for payments delivered by check depending on the speed of the delivery, the payee may receive the check and present it for payment prior to or after the estimated delivery date displayed and the payment will be debited from your account when the payee presents and/or cashes the check, which may occur earlier or later than the date estimated.
C. Bill Payment “Stop Payments”:
If you wish to stop payment on a Bill Payment you must stop or delete the payment from the Bill Pay system BEFORE 3:00pm EST on the day of the scheduled payment date.
If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:
The easiest and most convenient way to cancel a payment or transfer is through the method described above. However, you may request to cancel a scheduled or recurring payment or a future-dated transfer by calling us at 866-882-2265 or writing us at Citizens Bank Customer Service, P. O. Box 1900, Elizabethton, TN 37644-1900, in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you call or write to cancel a payment or transfer that is pending, you will be charged for a stop payment in accordance with the agreement for the appropriate linked account.
If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
D. Bill Payment Risk Reduction Measures:
We, or our agent, may, at our discretion, implement features to reduce credit risks. These may include, but are not limited to, pre-authorized drafts for business customers, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received.
E. Bill Payments and Transfers - Your Responsibility:
You are responsible for all transfers and Bill Payments you authorize using the Services. If you permit other persons to use the Services or your Authentication Codes, you are responsible for any transactions they authorize from your linked eligible accounts. You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your Authentication Codes and want to terminate that person’s authority, you must change your Authentication Codes to prevent further access by such person.
You are responsible for having sufficient funds in your account(s). You are liable for our standard fees associated with overdrafts in your account or for insufficient funds (NSFs). If your account does not have sufficient funds to make a payment as of the scheduled date, the payment will be canceled and no further attempt will be made by our agent or us to complete the payment. You are responsible for making alternative arrangements for the payment or for rescheduling the payment through the Service. In the case of recurring payments, only the currently scheduled payment will be cancelled. Payments scheduled for future dates will not be affected. In the event you have sufficient funds to make some, but not all, scheduled payments, we or our agent may, in our sole discretion, determine which payments to complete. You agree that when any transfer, Bill Payment, or other transaction is generated by the Services, we may debit your designated account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.
F. Bill Payments and Transfers - Our Responsibility for Completing:
If we, or a third party acting as our agent, do not complete a payment or transfer 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:
• If, through no fault of ours, you do not have enough funds in your account to make the transfer or payment.
• If the transfer or payment would go over the credit limit on your overdraft line.
• If the system was not working properly and you knew about the breakdown when you started the transfer or payment.
• If circumstances beyond our control (such as fire or flood) prevent the transfer or payment, despite reasonable precautions that we have taken.
• If you have not given us complete, correct or current account numbers, other identifying information, or instructions so that we can properly credit your account or otherwise complete the transaction.
• If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
• If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due as described in the Bill Payment Deadlines section.
• If a timely Bill Payment is made but the payee nevertheless does not credit your account promptly after receipt.
• If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim that restricts access to the funds.
• If we or our agent reasonably believe that a transaction may be unauthorized and based thereon the transaction is not completed.
• If circumstances or persons beyond our or our agent’s control prevent, delay, intercept, or alter the making of a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunications breakdowns or interruptions, labor disputes, delays caused by payees, interruption of service by ATM or other payment networks, fires, floods, and other natural disasters. G. Bill Payments and Transfers - Our Limitation of Liability:
Unless otherwise required by applicable law, our liability to reimburse payee-imposed late fees, provided the payment was scheduled and made in accordance with the above requirements, shall not exceed $50. We may attempt on your behalf to have a late fee reversed or waived. We have no liability for late fees for payments not initiated following the instructions defined in this Agreement or provided in other instructional materials regarding the Services. In no event shall we be liable for damages that exceed your actual loss due to our failure to complete a transfer, and we shall not be liable for any indirect, incidental, or consequential damages.
Section 12. Limitation of Liability
With respect to viruses, worms, Trojan horses, spyware, malware or other similar harmful components introduced to your computer outside of our systems or introduced by reason of your use of your computer system or your use of your communications provider, we shall have no liability to you for any damage or other loss, direct, indirect, incidental, or consequential, that you may incur to the fullest extent as permitted by all applicable laws.
With respect to the unlikely event that viruses, worms, Trojan horses, spyware, malware or other similar harmful components are introduced to your computer as a result of downloading information, software, or other materials from our site, you agree that our liability shall be limited to replacing, or the reasonable cost of replacing, the lost information, software, or other material.
You agree that each party shall bear the liability or the risk of any error or loss of data, information, transactions or other losses that may be due to the failure of their respective computer system or third party communications provider on which each party may rely.
We shall not be liable for any losses resulting from circumstances over which we have no direct control, including, but not limited to, the failure of electronic or mechanical Equipment or communications lines, telephone or other interconnect problems, operator errors, log-in sequences, severe weather, earthquakes, floods and other such events. You acknowledge that there are alternative methods for accessing the information and conducting the transactions provided by the Services, such as Bank-by-Phone or payment by check. In the event you experience problems in accessing the Services, you will attempt to access such information and conduct such transactions by such alternative methods.
There may be other exceptions to our liability as stated herein, in your Depositor Agreement or in other agreements you have with us.
Section 13. Indemnification
Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Citizens Bank 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 your use of the Services; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of the Services.
Section 14. Rules for ACH/Electronic Payments
Payments made electronically over an automated clearinghouse system (“ACH”) are governed by the rules and performance standards of the network as promulgated by the National Automated Clearing House Association (NACHA) as they may currently exist and as they may be amended from time to time. For more information on these rules, please contact our customer service department.
Section 15. Periodic Statements
You will get a monthly account statement from us for your checking, money market and/or health savings (H.S.A.) account(s).
You will get a monthly account statement for your savings account(s), unless there are no transfers in a particular month. In any case you will get the statement at least quarterly.
Section 16. Business Days and Processing Schedule
All references herein to “Business Days” shall mean Monday through Friday, excluding bank holidays observed by Citizens Bank. Processing is normally scheduled to begin at 10:00 pm or later on Business Days. However, we reserve the right to perform processing at any time of day. Although we may be open, Saturdays and Sundays are not Business Days.
Section 17. Availability of Services
Our Digital Banking Services are generally available 24 hours a day, 7 days a week except when unavailable for maintenance as described herein. We may periodically perform maintenance on our Equipment or system that may result in a temporary interruption of availability or errors in the Service. We have reserved from 12:00 a.m. to 6:00 a.m. EST/EDT each Sunday as a regular maintenance period but there may be other times that we must schedule maintenance. We may also change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.
Section 18. Available Balance Information
Although we only process transactions on Business Days, we use our best efforts to temporarily post (or “memo post”) transactions as we receive them in order to present to you the most current available balance possible. Nevertheless, we are unable to control the timeliness of receipt, posting and clearing of transactions you have authorized and executed and we do not guarantee the accuracy of the available balance presented to you. In addition, during the time of daily processing your balance may vary significantly as transactions are posted and temporary items are removed from your account. It is your responsibility to monitor your account balance and know which checks and transactions have not cleared your account and therefore are not reflected in the available balance provided to you by our Digital Banking Services.
Section 19. Charges / Fees
Once you are an enrolled user of the Services, you agree to the terms and conditions of this account including any schedule of charges that may be imposed. You shall be subject to any future charges and fees after thirty (30) days prior notice if required by law. You authorize us to automatically deduct all applicable charges and fees from your primary checking (or other applicable) account with us. Current charges and fees may include:
Digital Banking Bill Pay users will be provided the following options for rush delivery of check payments using Bill Pay and charged accordingly.
• Draft Check - Next business day delivery fee of $34.95
• Draft Check - Two business day delivery fee of $29.95
• Electronic – Two business day delivery fee of $6.95
• Standard delivery, no fee
Business checking customers will be charged a fee of $6.95 per month for up to 20 payments on Bill Pay and $0.35 per transaction over 20 payments.
A fee of $2.99 will be charged for gift checks with a personalized message designed for birthdays, new babies, weddings, graduations, anniversaries, or just because.
A fee of $1.99 will be charged to send a donation to your favorite charity or organization in honor or memory of someone special with a personalized message about your donation using up to 4 email addresses and to receive a copy for tax purposes. There are no fees for inbound transfers of funds into accounts at Citizens Bank. A transfer fee may apply as disclosed in our schedule of service charges for outbound transfers of funds from an account at Citizens Bank to an account outside of Citizens Bank.
You shall be subject to any future charges and fees after the minimum notice period required by law, if any.
Section 20. Transfers
Inbound and outbound transfers from / to accounts at other financial institutions are governed by the terms of the External Account Transfers Service Agreement. There are no fees for inbound transfers of funds into accounts at Citizens Bank. A transfer fee may apply as disclosed in our schedule of service charges for outbound transfers of funds from an account at Citizens Bank to an account outside of Citizens Bank. Transfers are subject to limits unless otherwise agreed upon by you and Citizens Bank.
See the External Account Transfers Service Agreement for more information.
Section 21. Customer Privacy
We will disclose information to third parties about your account or the transfers you make:
• Where it is necessary for completing transfers, or
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
• In order to comply with government agency or court orders, or
• If you give us your written permission.
For more information, please refer to the Citizens Bank Privacy Policy.
Section 22. Severability
If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Section 23. Geographic Area of Service
The Services described in this Agreement and any applications for Services available at our site are solely offered to citizens and residents of the United States of America and may not be accessed while outside of the USA.
Section 24. Termination / Inactivity
We may terminate this Agreement and any Services provided hereunder at any time without notice if we reasonably believe you are violating any of the terms and conditions of this Agreement. Otherwise, either you or we may terminate this Agreement and any Service provided hereunder at any time by giving at least five (5) Business Days prior written notice of termination to the other party. If you terminate a transfer or Bill Pay Service, you authorize us to continue making transfers, payments, and other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted on your notice, we have no responsibility to make any transfers, Bill Payments, or other transactions you may have previously authorized.
We may terminate your Service access if you do not sign on to the Service or have any transactions scheduled through the Service for any consecutive ninety (90) day period. If your Service is terminated for inactivity, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
Section 25. Miscellaneous
This agreement shall be governed by and interpreted under Tennessee and Federal Law. We may amend this agreement by giving notice to you at least 30 days prior to the effective date of the amendment, unless law or applicable regulation otherwise requires such amendment. We may give notice by any one or more of the following methods: by posting a notice on the Service, by sending notice by first-class mail or electronic mail at the address shown on our records, or by placing a statement message on the statement for any of your account(s). You will be deemed to have received any notice by electronic mail three calendar days after it is sent. Your continued use of the Services is your agreement to the amendment(s).
We may from time to time waive fees and/or other terms or provisions of this agreement, but any such waiver shall not be deemed a waiver of the term or provision in the future.
We may assign the rights and duties under this agreement to another party.
This agreement is the entire agreement between you and us pertaining to the Services and supersedes any marketing or other material delivered to you in writing, verbally, or obtained at our Internet site.

MOBILE BANKING AGREEMENT
IMPORTANT, PLEASE NOTE: Use ONLY the navigation buttons provided in mobile banking to return to the previous page or navigate to other pages during a session. Do not use the “back” or “clear” key on your Device to return to previous pages. On some Devices, use of the “back” or “clear” key may result in incorrect information provided to subsequent inquiries in that session.
Section 1. Introduction
Citizens Bank provides the Mobile Banking Service as a convenience for our customers and supplemental service to our Digital Banking services. BY ENROLLING IN the MOBILE BANKING SERVICE, YOU AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THIS MOBILE BANKING AGREEMENT AND TO THE TERMS OF OUR DIGITAL BANKING AGREEMENT.
From time to time, we may amend these terms or modify, enhance, or cancel the Mobile Banking Service or certain features of the Mobile Banking Service we offer. If and when those changes are made, they shall become effective immediately and are
governed by the Mobile Banking Agreement in effect at that time. It shall be the duty of all users of these services to stay informed of these changes.
Section 2. Section 2. Definitions
As used in this Mobile Banking Agreement and the Mobile Banking Service, the following words have the meanings given below:
“Account(s)” means your eligible Citizens Bank checking, savings, loan, certificate of deposit or other account information eligible for access through the Mobile Banking Service.
“Apps” means the Android, iPhone or other apps approved and made available by us for use with the Mobile Banking service.
“Device” means a supportable wireless device including a cellular phone or other wireless device that is webenabled and/or allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data, text messaging, and/or other services. Please consult your wireless plan or provider for details.
“Mobile Banking” and “Mobile Banking Service(s)” means the banking services accessible from the Device you have registered with us for Mobile Banking.
“Mobile Deposit” and “Mobile Deposit Service(s)” means the check scanning and check image transmission deposit service to one of your eligible checking, savings or MMDA Accounts using one of our Apps and the camera feature of your Device.
“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.
Section 3. Mobile Banking Service
A. Description of Service:
Mobile Banking is offered as a convenience and as part of our Digital Banking services (“Digital Banking”).. Mobile Banking allows you to access your Citizens Bank account information, make payments to payees, transfer funds, make check deposits, and conduct other banking transactions. Mobile Banking Service includes access using one of our Apps. Information about Citizens Bank’s Mobile Banking Service is available on our website at www.citizensbank24.com/personal/digitalbanking.
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 reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Mobile Banking Service. We may also reserve the right to modify the scope of the Mobile Banking Service at any time without notice.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Mobile Banking Service may not be supportable for all Devices. Citizens Bank 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 Mobile Banking Service from time to time
without notice 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 Mobile Banking Service or your Device.
C. Other Agreements:
This Mobile Banking Agreement supplements the Digital Banking Agreement between you and us and sets forth the additional terms and conditions for use of our Mobile Banking Service. This Mobile Banking Agreement constitutes a part of the Digital Banking Agreement, and the Digital Banking Agreement remains in full force and effect, except to the extent expressly modified by the terms of this Mobile Banking Agreement. If there is a conflict between the terms of this Mobile Banking Agreement and those of the Digital Banking Agreement, the terms of this Mobile Banking Agreement will govern and control your use of the Mobile Banking Service. In order to use the Mobile Banking Service, you must first enroll for, and maintain enrollment in, the Digital Banking services contemplated by the Mobile Banking Agreement. Your enrollment using online, mobile or electronic means will be governed by the Electronic Signatures (E-Sign) Section of the Digital Banking Agreement.
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 wireless service provider and that this Mobile Banking 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 wireless 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 wireless 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 Mobile Banking Service is also subject to the account agreements and disclosures provided at the time of account opening and any subsequent modifications made in accordance with applicable laws and regulations. You should review the account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
D. Authorization; Consent to Use of Data:
You acknowledge and agree that you are solely responsible and liable for any and all activity related to access on or through your Device by you or any third party (a "Guest User"), and you hereby waive any claim that access through your Device by any Guest User was unauthorized.
You acknowledge and agree that we may collect, transmit, store, and use technical, location, and login or other personal data and related information, including, but not limited to, technical information about your device, system, and application software, and peripherals, and information regarding your location, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to, or in connection with, the Mobile Banking Service. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provider services or technologies.
E. Ownership and License; Restrictions:
You acknowledge and agree that Citizens Bank is the owner of all right, title and interest in, and to, the mobile technology solution made available to you hereunder, including, but not limited to, any downloaded software and the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they exist (collectively referred to herein as the "Software"). By accessing the Software or using the Mobile Banking Service, you agree to be bound by the terms of this Mobile Banking Agreement. This Mobile Banking Agreement will also govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.
You are granted a personal, non-exclusive, non-sublicensable, non-transferable license to install and use the Software (in machine readable object code only) only on an Device you own or control, solely for your personal use and as expressly permitted herein ("License"). This limited right to use the Software is revocable at our discretion. This is not a sale of the Software. All rights not expressly granted to you under this Agreement are hereby reserved by Citizens Bank. Nothing in this License shall entitle you to receive hard copy documentation, technical support, telephone assistance, or updates to the Software. You agree that we shall have no obligation to correct any bugs, defects or errors in the Software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance Mobile Banking or the Software. This License may be terminated at any time, for any reason or no reason, by you or us. Upon termination, you agree to immediately destroy all copies of any Software which has been downloaded to your Device or otherwise in your possession or control.
You agree not to (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols, or labels in the Software, including, but not limited to, any trademark, logo, or copyright.
Section 4. Permitted Mobile Banking Transfers
You may use the Mobile Banking Service to transfer funds between your eligible Accounts. You agree it is your responsibility to verify the completion of each transfer in your Account balance and transaction history before withdrawing transferred funds. Transfers are subject to the terms and conditions, including applicable deadlines and limitations, as defined in your account agreement(s) and in the Digital Banking Agreement.
We will use commercially reasonable efforts to deliver current and accurate information through this Mobile Banking Service. However, account information is not provided on a real-time basis, and there may be a delay in the time that transactions are reflected in the Mobile Banking Service. In such event, account records maintained by us (which may include information in addition to the information available in the Mobile Banking Service) are the final and conclusive record for bank accounts.
Section 5. Mobile Deposit
A. Service:
Mobile Deposit is subject to eligibility requirements based on several criteria including how long you have been a Citizens Bank customer, whether you have maintained your accounts in good standing, and your account relationships with the Bank. We may approve or deny your access to Mobile Deposit and accept or reject any deposits you attempt using Mobile Deposit in our sole discretion. If eligible, you may use the Mobile Deposit Service available in Mobile Banking to deposit checks to your eligible Accounts. By using the Mobile Deposit Service you authorize us to credit deposits to your Account and agree to the terms and conditions of the Mobile Deposit Service described herein.
We reserve the right to change, suspend, or discontinue Mobile Deposit, in whole or in part, or your use of Mobile Deposit, in whole or in part, at any time, and without any prior notice to you. Except as expressly provided in this Mobile Banking Agreement, deposits made through Mobile Deposit are subject to all limitations and terms set forth in the standard deposit account rules, terms and conditions governing your Account(s), as they may be modified from time to time, including, but not limited to deposit acceptance, crediting, collection, endorsement, processing order, and errors.
B. Checks:
Checks eligible for Mobile Deposit must be payable to you, must be drawn on a United States financial institution, and must otherwise meet eligibility requirements. You agree, represent and warrant that you will use Mobile Deposit only to scan and transmit images of “checks”, as that term is defined in Regulation CC of the Board of Governors of the Federal Reserve System, as amended (“Reg CC”), for a deposit to your Account. You agree, represent and warrant that the image of any check that is transmitted via Mobile Deposit shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code
(1990 Official Text), as amended. You agree, represent and warrant that you will not use Mobile Deposit to scan or transmit any of the following: (i) any check that is payable to any person or entity other than you; (ii) any check that is prohibited by our then current procedures pertaining to the Mobile Deposit Service or that is in violation of any law, rule or regulation; (iii) any check that bears any alteration or that you know or suspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn; (iv) any check that is either a “substitute check” (as defined in Reg CC or other applicable federal law or regulation) or an “image replacement document” that purports to be a substitute check; (v) any check that is drawn on a financial institution that is located outside of the United States; (vi) any check that is a “remotely created check” as that term is defined in Reg CC; (vii) any check that is not payable in United States currency; (viii) any check that is dated more than six (6) months prior to the date of scanning and transmission; (ix) any check that is payable jointly, unless the check is being deposited to an Account in the name of all payees on the check; (x) any check that is payable on sight or is a payable through draft, as defined in Reg CC; (xi) any check that has any endorsement on the back other than the endorsement specified in this Mobile Banking Agreement; (xii) any check that previously has been submitted through Mobile Deposit or through any remote deposit capture service offered by any other financial institution (xiii) any check that is not acceptable to us for deposit into an Account as provided in the deposit agreement that governs your Account; or (xiv) any check that is a “not on-us” money order, official check or cashier’s check, or (xv) any travelers check.
C. Endorsements:
When you use Mobile Deposit, you agree to endorse the back of each check in the space provided for endorsements with your signature and the verbiage “For Citizens Bank Mobile Deposit Only.” You agree that you will apply no restrictive, qualified, or conditional endorsement to any check in connection with your use of Mobile Deposit. You agree that any restrictive, qualified, or conditional endorsements applied to any check in connection with your use of Mobile Deposit are null and void. You further agree that we may handle and process any check image you transmit to us through Mobile Deposit in accordance with the terms of this Mobile Banking Agreement notwithstanding any restrictive, qualified, or conditional endorsement you may apply to the check. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as we may establish from time to time. You also agree to furnish such other information in your possession as we may require from time to time regarding a check presented for deposit or deposited through Mobile Deposit. You further agree to cooperate with us in the investigation of any unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.
D. Image Quality:
Images transmitted to us through Mobile Deposit must meet, in our sole and absolute judgment, the standards and requirements of legibility and image quality that we establish. The images must also comply with applicable state and federal laws, regulations and standards of the American National Standards Institute, Board of Governors of the Federal Reserve Board, regulatory agencies, check clearinghouse, or associations.
E. Receipt of Images:
We have no obligation to accept any check or image you transmit through Mobile Deposit, and we may reject any check or image that you transmit in our sole and absolute discretion without liability to you. You agree that we are not responsible or liable to you for images that are dropped during transmission, that we do not receive, or that are intercepted or altered by, or misdirected to, any unauthorized third party. You assume the risk that any check image or information from a check image may be intercepted or misdirected during transmission. An image shall be deemed received by us when you receive an electronic confirmation from us that we have received the image. Such confirmation confirms only the receipt of the image and does not confirm that the transmission was complete or error free, or that the amount of the check will be finally collected from the drawee institutions and credited to your Account. If, after we confirm the receipt of a check image, we determine that the check is an ineligible check as defined herein, you agree that we may charge the amount of the check back to your Account. You agree that we will not be liable for any loss, costs, or fees as a result of the exercise of our chargeback rights.
F. Service Availability:
Because the Mobile Deposit Service could be unavailable from time to time for various reasons, you should not rely on it as the sole means of depositing checks to your Account. You assume the risk that we may be unable to receive or may not accept a check image that you attempt to transmit through Mobile Deposit.
G. Your Representations, Warranties and Indemnification:
Each time you use Mobile Deposit to transmit any check image to us, you represent and warrant that (i) the check is an eligible check as described herein, (ii) you are entitled to enforce the check, (iii) all signatures on the check are authentic and authorized, (iv) the check is not a counterfeit item, (v) the check has not been altered, (vi) the check is not subject to a defense or claim in recoupment of any party that can be asserted against you, (vii) you have no knowledge of any insolvency proceeding commenced with respect to you or the drawer of the check, (viii) the check, in the event of any dishonor or nonpayment by the drawee, is enforceable against both you and the drawer of the check, (ix) the check image transmitted by you to us contains an accurate representation of the front and the back of the check and otherwise complies with the requirements of Mobile Deposit, (x) you will neither create nor transmit through Mobile Deposit any duplicate image of the check, nor will you deposit or otherwise negotiate the original check, (xi) no person or entity will be asked to make payment on the check more than once, (xii) neither we nor any subsequent transferees of the check or its image will sustain a loss as the result of the fact that an image of the check, instead of the original check, was accepted by us through Mobile Deposit, presented for payment, or returned, (xiii) the image of the check contains no computer viruses or other harmful, intrusive, or invasive codes, (xiv) all information you have provided to us in connection with Mobile Deposit and the transaction is true, accurate, and current, and (xv) the transaction otherwise complies in all respects with your duties, obligations, and agreements under this Mobile
Banking Agreement. YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS FROM AND AGAINST ANY
AND ALL LOSSES, COSTS, SUITS, DAMAGES, CLAIMS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED IN ANY WAY TO YOUR BREACH OF
THE FOREGOING REPRESENTATIONS AND WARRANTIES, YOUR USE OF THE SERVICE, AND/OR OUR PROVISION OF THE SERVICE TO YOU. YOUR AGREEMENT TO INDEMNIFY US AND HOLD US HARMLESS WILL SURVIVE THE TERMINATION OF THIS MOBILE BANKING AGREEMENT FOR ANY REASON.
H. Funds Availability - Reg CC is Not Applicable:
You acknowledge and understand that Reg CC is not applicable to check images transmitted using Mobile Deposit. Except as otherwise provided herein, funds from any check transmitted through Mobile Deposit will be credited after final payment is made by the drawee of the check and any funds credited to your Account prior to that time are provisional. We may make funds available sooner based on such factors as the length and extent of your relationship with us, your creditworthiness, your transaction experience with us, and such other factors as we, in our sole discretion, may decide to be relevant, and / or funds availability options we may make available to you associated with Mobile Deposit. You acknowledge and agree that any funds availability options we offer do not constitute a promise or guarantee that funds will be collected from the drawee institution and/or finally credited to you. We reserve a right of chargeback to your Account in the event of any dishonor or nonpayment by the drawee institution, and we reserve the right to charge all applicable fees in the event of such dishonor or nonpayment and/or any resulting chargeback including, but not limited to, returned deposit item fees and overdraft fees.
I. Funds Availability - Standard Availability and Collection:
Our standard funds availability for Mobile Deposit transactions will generally make funds available to your Account on the second Business Day following the Business Day on which we receive the check image from you. If you are a new customer funds will generally be made available no later than the ninth Business Day after the Business Day on which we receive the check image from you during the first 30 days your account is open. In addition funds you deposit by Mobile Deposit may be delayed for a longer period than the ones describe above at our sole discretion based factors included but not limited to doubt of collectability, amount of deposit, the redeposit of a check that has been returned unpaid, frequent or repeated overdrafts, or
an emergency, such as failure of computer or communications equipment. If we determine to delay availability for a longer period we may provide you notification of this determination, but we are not obligated to do so. You agree that we may provide such notification by any means or method available including electronic communication such as email to your email address on record. Check images received after 8:00 pm eastern time (or such other cutoff time that may be displayed in the App) on a Business Day will be processed as received on the next Business Day. You agree that we have the right to determine in our sole discretion the manner in which checks and images transmitted through Mobile Deposit are cleared, presented for payment and collected. We, in our sole discretion, may select clearing agents to collect and present check images, and our selection of clearing agents shall be binding on you as though you had directly appointed such agents. We shall not be liable for the negligence or other misconduct of any clearing agent. You agree to be bound by any agreements entered into by and between us and any clearing agents, and you agree to be bound by all laws, regulations, and clearing house and association rules that may apply to checks or images transmitted using Mobile Deposit.
J. Check Retention and Destruction:
For thirty (30) days after you transmit any check image to us and receive confirmation from us that we have received the image, you agree to securely store the original check, take appropriate measures to protect the check and the information on the check from unauthorized access, and to take appropriate measures to ensure the check will not be duplicated, re-deposited and/or otherwise deposited or negotiated in any form. After thirty (30) days, you agree to destroy the original check, prominently mark it “VOID”, or otherwise render it incapable of further transmission, deposit, negotiation, or presentment. During the time you maintain in your possession the original check or a copy or image of the check, you agree to promptly furnish it to us upon request. You agree never to re-present to us, or any other party, a check or item that has been deposited through Mobile Deposit unless you are notified by us that the check or item will not be accepted for deposit through Mobile Deposit.
K. Deposit Transaction Limits:
There are limits on the total dollar amount and number of items deposited per day and per month based on several criteria including how long you’ve been a Citizens Bank customer, whether you have maintained your accounts in good standing, and your banking activity with the Bank. We reserve the right, at any time in our discretion, to impose additional or different limits on the amount(s) and/or number of deposits you may make over a certain period of time. We may accept or reject any transaction you attempt in excess of these limits in our sole discretion. If you are permitted to make a deposit in excess of your limit, such deposit is still subject to this Mobile Banking Agreement, and we are not obligated to accept a similar deposit at other times.
L. Errors:
You agree to notify us immediately in the event you become aware of or suspect any errors in connection with your use of Mobile Deposit. The terms of the Bank-By-Net Online Banking Agreement regarding your responsibility to timely review statements and transaction histories and to report errors and discrepancies remain in full force and effect and apply to transactions made through Mobile Deposit.
Section 6. Your Responsibilities
The Mobile Banking Service is expressly included as an additional Digital Banking service covered by the Digital Banking Agreement. Your responsibilities contained in the Bank-By-Net Online Banking Agreement extend to your use of Mobile Banking. THOSE RESPONSIBILITIES INCLUDE BUT ARE NOT LIMITED TO YOUR
RESPONSIBILITY FOR THE SECURITY OF THE DEVICE(S) YOU USE TO ACCESS THE MOBILE BANKING SERVICE.
Section 7. Changes or Cancellation
You may cancel your participation in the Mobile Banking Service by calling us at 1-866-882-2265. We reserve the right to change or cancel the Mobile Banking Service at any time without notice. We may also suspend your access to the Mobile Banking
Service at any time without notice and for any reason, including but not limited to, your non-use of the Mobile Banking Service. Termination of the Digital Banking service contemplated by the Mobile Banking Agreement will result in the termination of the Mobile Banking Service. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Mobile Banking Service. No cancellation of the Mobile Banking Service shall relieve you of your obligations under this Addendum, your obligations which are accrued and owing as of the time of such cancellation, or your obligations which expressly or by implication survive cancellation, and you agree that all of such obligations shall survive the cancellation of the Mobile Banking Service.
Section 8. Charges
There are no fees charged by us at this time for the Mobile Banking Service. As new features are added to the Mobile Banking Service in the future, service charges may apply to specific services. If we should charge for services in the future, we will give you advance notice and, if you elect to continue to use the Mobile Banking Service, you agree to pay for the Mobile Banking Service in accordance with the Mobile Banking Agreement in effect at that time. You authorize us to automatically charge your Account for all such fees incurred in connection with your use of the Mobile Banking Service. In the future, we may add to or enhance the features of the Mobile Banking Service. By using such added or enhanced features, you agree to pay for any fees we may charge in accordance with the Mobile Banking Service and/or specific features. You understand that other agreements you may have with us, our affiliates, and/or any unaffiliated service providers may provide for fees, limitations, and restrictions which might impact your use of the Mobile Banking Service (for example, your wireless provider may impose data usage or text message charges for your use of or interaction with the Mobile Banking Service, including downloading the Software, receiving or sending Mobile Banking Service text messages, or other use of your Device when using the Software or other products and services provided through the Mobile Banking Service), and you agree to be solely responsible for all such fees, limitations and restrictions.
Section 9. Indemnification
You agree to protect and fully compensate us and our affiliates and service providers, and agents 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 your use of the Mobile Banking Service, your violation of any of the terms of this Mobile Banking Agreement or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.

EXTERNAL ACCOUNT TRANSFER SERVICE AGREEMENT
Within Digital Banking you may separately enroll for the External Transfer service (the “Transfer Service”) between financial institutions. This Transfer Service allows you to transfer funds between your linked personal deposit accounts at Citizens Bank and certain deposit accounts at other financial institutions. An inbound transfer moves funds into an account at Citizens Bank. An outbound transfer moves funds from an account at Citizens Bank to an account outside of Citizens Bank. You will need to enroll each of your non-Citizens Bank accounts that you wish to use for this Transfer Service. You agree that you will only attempt to enroll accounts for which you have the authority to transfer funds. All accounts requested to be used as part of this Transfer Service will be verified in accordance with Citizens Bank procedures. The verification process must be completed by you prior to using the Transfer Service. You will have seven (7) days after enrolling an account to complete the verification process. Verification instructions are displayed to you during the enrollment process.
Outgoing transfer requests scheduled for immediate processing will immediately reduce your available balance in your Citizens Bank account and will be credited to the non-Citizens Bank account the Business Day following the day you initiate the transfer, provided you have met the Bank’s cutoff time for submitting external transfers and subject to the receiving bank’s availability and transaction processing schedule. Incoming transfer requests will be credited to your Citizens Bank account the Business Day following the day you initiate the transfer, provided you have met the Bank’s cutoff time for submitting external transfers and subject to availability of funds in the non-Citizens Bank account. In the case of a future dated or recurring transfer, these time limits will be the Business Day following the scheduled date of the transfer. The cutoff time for initiating external transfers is 2:30pm EST. Funds requested to be transferred will be debited/credited to the non-Citizens Bank account according to the non-Citizens bank’s availability and transaction processing schedule. Transfers are made electronically over an automated
clearinghouse system (“ACH”) and are governed by the rules and performance standards of the network as promulgated by the National Automated Clearing House Association (NACHA) as they may currently exist and as they may be amended from time to time. For more information on these rules, please contact our customer service department. Citizens Bank is not responsible for delays due to ACH network service interruptions outside of our control.
Request for immediate transfers of funds cannot be cancelled. Future dated and recurring transfers can be canceled by 2:30pm EST the day prior to the scheduled transfer date. If the transfer status is In Process, Pending, or Processed, you cannot cancel the transfer.
There are no fees for inbound transfers of funds into accounts at Citizens Bank. A per transfer fee may apply as disclosed in our schedule of service charges for outbound transfers of funds from an account at Citizens Bank to an account outside of Citizens Bank. Transfers are subject to limits unless otherwise agreed upon by you and Citizens Bank. Limits apply to the total of all External Transfers of a specific type for all accounts enrolled in the Transfer Service. We may change your dollar limits and transfer limits at any time.
Unless specifically listed in this External Account Transfer Service Agreement, this Transfer Service is subject to the definitions and terms of the Digital Banking Agreement (“Agreement”) that you agree to as a user of our digital banking service and any amendments thereto when they become effective.

PERSON TO PERSON TRANSFERS (P2P SERVICES) AGREEMENT
These terms and conditions (the "Agreement") constitute a contract between you, the depositor (hereafter "You") and Citizens Bank or its designated third-party processor or service provider ("We", "Us"), in connection with Person to Person, also known as P2P Transfer, (the "Service") offered through Citizens Bank desktop and mobile banking websites (the "Site"). This Agreement applies to your use of the Service and any portion of the Site through which the Service is offered. The Service enables you to initiate a P2P Transfer instruction from one of your Eligible Transaction Accounts at Citizens Bank, to a Recipient's account at any U.S. financial institution. Although the ACH Network is often used to execute P2P Transfer instructions for the Service, other
Payment Networks may be used to facilitate the execution and transmission of Payment Instructions. (P2P Transfers executed through the ACH network shall be evidenced by a request initiated electronically as described herein and will be initiated on your behalf pursuant to the terms of this Agreement and the rules of the National Automated Clearing House Association (the "Rules").
1) Eligibility:
The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
2) Initiating P2P Transfer Instructions:
All P2P Transfer Instructions must be initiated through the Site and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Before You will be permitted to initiate a P2P Transfer instruction, You will be required to agree to this Agreement, and follow the procedures set forth on the Site. Cutoff time for initiating P2P transfers is 5:00pm EST. P2P Transfers are subject to limits unless otherwise agreed upon by you and Citizens Bank. We may change your dollar limits and transfer limits at any time.
3) Security Procedure:
a) You shall comply with the security procedure requirements with respect to P2P Transfer Instructions initiated by You, as well as those required in connection with the Digital Banking Services generally. You agree to take full and final responsibility for any and all errors relating to or concerning the P2P Transfer Instruction.
b) You are strictly responsible to establish and maintain the procedures to safeguard against unauthorized access to your account and transmission of P2P Transfer Instructions. You warrant that no individual will be allowed to initiate P2P Transfer on Your behalf and agree to take all reasonable steps to maintain the confidentiality of the security procedures and all passwords, codes, security devices, and related instructions relating to your account, the Site, the Digital Banking Services, or otherwise provided by Us. If You believe or suspect that any such information or instructions have been known or accessed by unauthorized persons, You agree to notify Citizens Bank immediately. The occurrence of unauthorized access will not affect any P2P Transfer made in good faith by Citizens Bank prior to receipt of such notification plus a reasonable time period thereafter for Citizens Bank to act on such notice.
4) Compliance with Security Procedure:
a) If a request for a P2P Transfer (or a request for cancellation or amendment of a P2P Transfer) received by Citizens Bank purports to have been transmitted or authorized by You, it will be conclusively deemed effective by Citizens Bank, and Citizens Bank shall initiate the P2P Transfer on your behalf and, except as limited by applicable law, You shall be obligated to pay Citizens Bank the amount of such P2P Transfer even though the P2P Transfer (or request) was not authorized by You, provided Citizens Bank accepted the P2P Transfer in good faith and acted in compliance with the security procedure referred to in this Agreement with respect to such P2P Transfer. Citizens Bank shall conclusively be deemed to have complied with that part of such procedure if the password entered in connection with the online session associated with the initiation of a request for a P2P Transfer matches the password associated with Your Account on the Site.
b) If a request for a P2P Transfer (or request for cancellation or amendment of a P2P Transfer) received by Citizens Bank was transmitted or authorized by You, You shall pay Citizens Bank the amount of the P2P Transfer, whether or not Citizens Bank complied with the security procedure with respect to that P2P Transfer and whether or not that P2P Transfer was erroneous in any respect or that error would have been detected if Citizens Bank had complied with such procedure.
5) Transfer Authorization and Remittance:
a) By providing us with names and mobile phone numbers and/or email addresses of Recipients to whom you wish to direct transfers, you authorize us to follow the P2P Transfer Instructions that we receive through the Service.
b) When we receive a P2P Transfer Instruction from you, you authorize us to debit your Eligible Transaction Account and remit funds on your behalf. You also authorize us to credit your Eligible Transaction Account for the receipt of transfers returned to us because the processing of your P2P Transfer Instruction could not be completed.
c) We will use reasonable efforts to complete all your P2P Transfer Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances: i) If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the P2P Transfer Instruction or the P2P Transfer Instruction would exceed the credit limit of your overdraft account; ii) The Service is not working properly, and you know or have been advised by us about the malfunction before you execute the P2P Transfer Instruction; iii) The transfer is refused or returned by Recipient or Recipient's Financial Institution, iv) You have not provided us with the correct information, including but not limited to the correct P2P Transfer Instructions or Eligible Transaction Account information, or the correct name, mobile phone number or email address of the Recipient to whom you are initiating a P2P Transfer Instruction; and/or v) Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution or interference from an outside force) which prevent the proper execution of the P2P Transfer Instruction.
d) It is the responsibility of the Sender and the Recipient to ensure the accuracy of any information that they enter into the Service (including but not limited to the P2P Transfer Instructions and name, mobile phone number and/or email address for the Receiver to whom you are attempting to send the P2P Transfer Instruction), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a transfer made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Recipient.
e) You agree that your authorization provided on the Site is conclusive evidence that with regard to each P2P Transfer, You authorize and are empowered to authorize Us to submit the P2P Transfers on your behalf
6) Your Representations and Agreements; Indemnity:
With respect to each and every request for a P2P Transfer initiated by You, You represent and warrant to Us and agree that:
a) You are authorized to initiate such request for a P2P Transfer and hereby authorize Us to initiate each P2P Transfer requested by you in the amount provided that:
b) Such authorization is operative at all relevant times, including without limitation i) at the time you establish the pre-authorization on the Site, ii) at the time you initiate a P2P transfer, and iii) at the time of transmittal or debiting by Us as provided herein
c) Your P2P Transfers are not prohibited as set forth in Section 7,
d) You shall perform Your obligations under this Agreement in accordance with all applicable laws and regulations, including the sanctions laws administered by OFAC, and
e) You shall comply with and perform all of your obligations described in any other applicable Agreement. You shall indemnify Us against any loss, liability or expense (including attorneys' fees and expenses) resulting from or arising out of any breach or any of the foregoing representations or agreements.
7) Prohibited Transfers:
The following types of transfers are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such transfers:
a) Transfers to persons or entities located in prohibited territories (including any territory outside of the United States);
b) Transfers that violate any law, statute, ordinance or regulation;
c) Transfers that violate the Acceptable Use terms in section 15 below
d) Transfers related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or
discourteous; (12) goods or services that advertise or sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; e) Transfers related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
f) Transfers relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services;
g) Tax payments and court ordered payments including but not limited to Alimony and Child Support.
h) In addition to the above-referenced prohibited payments, we may also block and/or reverse transfers that involve donations or transfers to any charity or non-profit organization unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our independent contractors or other third parties to whom we assign or delegate rights or responsibilities be liable for any claims or damages resulting from your scheduling of prohibited transfers. We have no obligation to research or resolve any claim resulting from a prohibited transfer. All research and resolution for any misapplied, mis-posted or misdirected prohibited transfers will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally
8) Our Responsibilities, Liability, Limitations on Liability; Indemnity:
In the performance of the services required by this Agreement, We shall be entitled to rely solely on the information, representations and warranties provided by You pursuant to this Agreement, and any other applicable agreement or authorization provided by You, and shall not be responsible for the accuracy or completeness thereof. WE SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, AND SHALL BE LIABLE ONLY FOR ITS GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT IN PERFORMING THOSE SERVICES. We shall not be responsible for Your acts or omissions
(including, without limitation, the amount, accuracy, timeliness or transmittal or authorization of any P2P
Transfers initiated by You) or those of any other person, including without limitation any Federal Reserve Bank, Automated Clearing House or Receiving Depository Financial Institution (including without limitation the return of a P2P Transfer by the applicable Receiver or Receiving Depository Financial Institution), and no such person shall be deemed Our agent. You agree to indemnify Us against any loss, liability or expense (including attorneys' fees and expenses) resulting from or arising out of any claim or any person that We are responsible for any act or omission of You or any other person described in this Section 5a
a) IN THE EVENT OF OUR LIABILITY, WE SHALL BE LIABLE ONLY FOR YOUR ACTUAL DAMAGES; IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT
LOSS OR DAMAGE WHICH YOU MAY INCUR OR SUFFER IN CONNECTION WITH THIS AGREEMENT,
WHETHER OR NOT THE LIKELIHOOD OF SUCH DAMAGES WAS KNOWN OR CONTEMPLATED BY US AND
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY OF LIABILITY WHICH YOU MAY ASSERT, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM OUR ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT.
b) Without limiting the generality of the foregoing provisions, We shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communization facilities, equipment failure, war, emergency conditions or other circumstances beyond Our reasonable control. In addition, We shall be excused from failing to transmit or delay in transmitting a P2P Transfer if such transmittal would result in Our having exceeded any limitation upon Our intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in Our reasonable judgment otherwise violating any provision of any present or future risk control program of Ours, the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority.
c) Subject to the foregoing limitations, Our liability for loss of interest resulting from its error or delay shall be calculated by using a rate equal to the average Federal Funds rate at the Federal Reserve Bank for the period involved. At Our option, transfer of such interest may be made by crediting the Account resulting from or arising out of any claim of any person that We are responsible for any act or omission of You or any other person described in Section 5a.
9) Inconsistency of Name and Account Number:
You acknowledge and agree that, if a P2P Transfer describes the Receiver inconsistently by name and/or account number, P2P Transfer may be made by the Receiving Depository Financial Institution on the basis of the account number supplied by the Recipient, even if it identifies a person different from the named Recipient, and that Your obligation to pay the amount of the P2P Transfer to Us is not excused in such circumstances.
10) Amendments:
From time to time, We may amend any of the terms and conditions contained in this Agreement, including without limitation, any cut-off time, any business day. Such amendments shall become effective at the time they are posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Additionally, we may, from time to time, revise or enhance the Service and/or related applications, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications, and limit access to only the Service's more recent revisions or enhancements.
11) Notices, Instructions, Etc.:
a) Except as otherwise expressly provided herein, We shall not be required to act upon any notice or instruction received from You or any other person, or to provide any notice or advice to You or any other person with respect to any matter.
b) We shall be entitled to rely on written notice or other written communication (including without limitation electronic information entered on the Site) believed by it in good faith to be genuine and to have been authorized by You, and any such communication shall be conclusively deemed to have been signed by You.
12) Cooperation in Loss Recovery Efforts:
In the event of any damages for which We or You may be liable to each other or a third party pursuant to the services provided under this Agreement, We and You will undertake reasonable efforts to cooperate with each other, as permitted by applicable law, in performing loss recovery efforts and in connection with any actions that the relevant party may be obligated to defend or elect to pursue against a third party.
13) Entire Agreement:
This Agreement is the complete and exclusive statement of the agreement between Us and You with respect to the subject matter hereof and supersedes any prior agreement(s) between Us and You with respect to the subject matter. In the event performance of the Services provided herein in accordance with the terms of this Agreement would result in a violation of any present or future statute, regulation or government policy to which We are subject, and which governs or affects the transactions contemplated by this Agreement, then this Agreement shall be deemed amended to the extent necessary to comply with such statue, regulation or policy, and We shall incur no liability to You as a result of such violation or amendment. No course of dealing between Us and You will constitute a modification of this Agreement, the Rules, or the security procedures or constitute an agreement between Us and You regardless of whatever practices and procedures We and You may use.
14) Text and Email Alerts:
You may request automated alert messages to be sent by text or email. We offer alert messages to notify you of a variety of events and circumstances. We may make new alerts available from time to time or discontinue old alerts. The frequency with which you will receive alert messages depends on the number and types of alerts you request and on whether you enter into an account transaction that triggers an alert. Alert messages will be sent to the mobile phone number or email address you have specified. Alert messages may be delayed or prevented by a variety of factors. We neither guarantee the delivery nor the accuracy of the contents of any alert. We will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
a) General Provisions for All Text Alerts : By requesting text services, you agree that we may send text messages to the mobile phone number you specified. Text alerts are supported by most mobile carriers, including Verizon Wireless, AT&T, T-Mobile®, Boost, Virgin Mobile, U.S. Cellular®, and others. Neither Financial Institution nor the applicable mobile carrier is liable for delayed or undelivered messages. Your mobile carrier’s message and data rates may apply. Message frequency varies based on user activity. If you have questions about Alerts, call the Citizens Bank Customer Support Center.
By accepting this agreement, you acknowledge that you have read the foregoing Agreement, understood its contents and agree to its terms

SECURITY PROCEDURES SUPPLEMENT TO CITIZENS BANK DIGITAL BANKING AGREEMENT AND MOBILE
BANKING AGREEMENT
Desktop and Mobile Banking Security Procedures
1. Customers must establish and are responsible to maintain the confidentiality of their Authentication Codes (i.e. login credentials including but not limited to their User ID, password, challenge questions and security token).
2. Customers are responsible for activity conducted using their login credentials by other individuals to whom the customer has disclosed their credentials. Citizens Bank recommends that customers NEVER share their Authentication Codes.
3. Customers are responsible for maintaining the security of their computing and mobile device resources, including hardware and software used to access the desktop and mobile banking services. Customers are responsible for installing, activating and maintaining reputable internet and device security software that includes firewall, anti-virus, anti-spyware, and anti-malware protection.
4. Citizens Bank’s online systems require that passwords must be changed on a regular periodic basis. (Currently, passwords must be changed at least every 360 Days. Citizens Bank may change this requirement to less than 360 days without notice. We encourage customers to change their passwords more frequently and suggest at least every 90 days).
5. Citizens Bank’s online systems prevent recently used passwords from being reused.
6. Citizens Bank’s online systems enforce strong password rules.
7. Citizens Bank’s online systems use multifactor authentication.
Additional Security Procedures for Commercial and Treasury Customers
1. Secure tokens are required for access by companies conducting activity exceeding certain dollar thresholds.
2. Access is restricted to only access from the specific company IP address(es) unless otherwise approved by the Customer in writing. (In some cases restricted IP access may not be supported by the company’s internet service provider. In those cases, the customer accepts the risks associated with their choice of internet service provider).
3. Access is blocked outside of normal business hours unless otherwise approved by the customer in writing.
4. New users created by the customer using the “administrator” function of the service are not activated until the Bank verifies that the new user is authorized by an approved person listed on the customer’s account.
5. Customers are not allowed to override limits and options set by the Bank.
6. Citizens Bank uses automated software tools to monitor for unusual customer activity and will notify the Customer of and obtain approval for any suspicious transactions that are identified using those tools. However, the Bank is unable to and does not verify all transactions submitted by the Customer within the limits approved by the Customer in the agreement(s) governing the digital banking services provided by the Bank. The Customer is responsible for securing their computers, devices and networks. Customer understands and acknowledges that Citizens Bank is unable to, and it is not feasible for Citizens Bank to, manage the security of the computing and device resources of its customers.
7. Citizens Bank has made the Trusteer Rapport online security software available for all desktop banking customers for no charge. Citizens Bank strongly recommends all customers use Trusteer Rapport as an additional layer of security in addition to commercially reasonable security measures that the customer agrees to maintain to secure its own computing resources. Customer acknowledges that it accepts the risks associated with failure to install and activate the Trusteer Rapport solution.