NetTeller: Internet Banking Agreement and Electronic Funds Transfer Disclosure

After reading our agreement and disclosure, please click on the link at the bottom of the page to reach our application.

Introduction

"We," "us," and "our" means Commercial Bank and Trust Company. "You" and "Your" means each depositor who establishes a NetTeller service with us or who uses or is authorized to use a NetTeller Identification Number and NetTeller Personal Identification Number (PIN) or other means of access, which we establish or approve. The term "NetTeller" refers to our service that allows you to transfer funds, access accounts, obtain information, and perform other transactions over the Internet, including the optional Bill Payment service, by use of a compatible personal computer (with sufficient power and memory) and modem and/or other means which we now authorize or may allow from time to time.

This agreement states the terms and conditions that apply when you use our NetTeller service. These terms and conditions are in addition to those terms and conditions that apply to any accounts you have with us or any other service you obtain from us. You are also required to follow all of our instructions and procedures applicable to the services covered by this agreement. This agreement shall be governed by and interpreted under Tennessee and federal law. We reserve the right to amend or terminate the NetTeller service at any time.

Identification Number and Personal Identification Number

You agree that the NetTeller Identification Number, assigned by us, and the NetTeller Personal Identification Number (PIN), chosen and entered by you, controls the account security. You will be requested to change your PIN the first time you enter the NetTeller service. You can change your PIN at any time through the Option section of the NetTeller service. You are responsible for all transactions you and any authorized user make. If you have given someone your NetTeller Identification Number and PIN and want to terminate that person’s authority, you must change your PIN or take additional steps to prevent further access by such person. You agree to protect the PIN and hold us harmless from unauthorized use.

Your Liability

Notify us immediately if your Identification Number or PIN has been lost or stolen. Failure to notify us immediately could result in the loss of all money accessible by the PIN. If you tell us within two business days after you learn of the loss or theft of your ID and PIN, you can lose no more than $50.00 if someone used your ID and PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your ID and PIN, and we can prove we could have stopped someone from using your ID and PIN without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason such as a long trip or hospital stay kept you from telling us, we will extend the time periods. Any information downloaded by you to your financial or other software becomes your property and responsibility.

Account Ownership

You agree that the provisions of joint account ownership apply to the NetTeller service if the account(s) being accessed is jointly owned. Any account that requires more than one signature cannot be designated for withdrawals.

Internet Banking Transactions

You, or someone you have authorized by giving them your NetTeller Identification Number and Personal Identification Number (even if that person exceeds your authority), can instruct us to perform the following transactions:

1. Make transfers between your qualifying accounts to the extent authorized 2. Obtain information that we make available about your qualifying account

There is no fee to perform these transactions.

Limits on Internet Banking Transactions

You must have enough available money or credit in any account from which you instruct us to make a payment or transfer. If any of your qualifying accounts are savings accounts or money market savings accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than 6 in any statement cycle or month. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments or telephone agreement. You also agree to the Terms and Disclosures that you received when you opened your deposit account. You can request another one of these at the time you fill out your NetTeller Application.

Our Liability for Failure to Complete Payments or Transfers

If we 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 exceptions. We will NOT be liable, for instance:

1. If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds. 2. If any payment or transfer would go over the credit limit of any account. 3. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction. 4. If you have not given us complete, correct, or current account numbers or other identifying information so that we properly credit your account or otherwise complete the transaction. 5. If you do not properly follow our instructions, or if you provide us with wrong or inaccurate information or fail to correct or to tell us about any inaccuracy of which you are aware. 6. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due. 7. If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim restricting the transaction. 8. If circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.

Business Days

Our NetTeller service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday, except bank holidays. Transfers made after 6:00 P.M. will be processed on the next business day.

Statements

Your NetTeller payments and transfers will be indicated on the monthly or quarterly statements we provide. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement or statement information.

Disclosure of Account Information to Third Parties

We will disclose information to third parties about your accounts or the transactions you make:

1. Where it is necessary for completing a transaction; or 2. In order to verify the existence and condition of your accounts to a third party such as a credit bureau; or 3. In order to comply with a governmental agency or court order; or 4. If you give us your written permission; or 5. To collect information for internal use or the use of our service providers for purposes of offering or providing you other products or services or to our affiliates; or 6. It involves a claim by or against us concerning a deposit to or a withdrawal from your account; or 7. Where otherwise required or permitted under state or federal laws and/or regulations.

OPTIONAL Bill Payment Service

Account Designation and Payees. All bill payment(s) you make through Bill Pay will be transacted through various service providers. All bill payment(s) shall be deducted from the account you have designated as your bill payment account (the "Designated Transaction Account"). Any payee you wish to pay through Bill Pay must be payable in US Dollars and must be located in the United States (including US Territories and APO's/AEO's). The Bank is obligated to notify you promptly if it decides to refuse to pay a person(s) or entity designated by you. This notification is not required if you attempt to make a payment to a category of payee which is prohibited under this Agreement.

Each payee must appear on the payee list in your database. To add a new payee, login to NetTeller, click the “Bill Pay” tab, and follow the instructions on the screen. You may also call the Bank to speak with a representative or visit any branch location for additional information. You may add a new fixed payment to a "Payee" by accessing Bill Pay through Online Banking and entering the appropriate information. Most other additions, deletions, or changes can be made through Online Banking. The Bank reserves the right to refuse to pay any person(s) or entity to which you may direct a payment.

Processing. The Scheduled Initiation Date is the date you select for the transaction to occur. Funds will be taken out of the designated transaction account, or any such other account as may be designated by you and approved by the Bank, on or several days after the Scheduled Initiation Date. In many cases, your bill payments are electronically delivered to the payee within five (5) business days of the Scheduled Initiation Date. However, some payees are not configured to accept electronic bill payments. In these cases, a paper check will be sent to such payee(s), which may take up to ten (10) business days to process and deliver.
Single Payments - a single bill payment will be processed on the business day (generally Monday through Friday, excluding federal holidays) that you designate as the Scheduled Initiation Date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off times are currently 7:00 a.m. and 2:00 p.m., Central Standard Time for electronic payments and 3:00 p.m. Central Standard Time for check payments.
Recurring Payments - When a recurring bill payment is processed, it is automatically rescheduled by Bill Pay. Based on your selected frequency settings for the bill payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and federal holidays), it is adjusted based upon the following:
If you select the "Pay Before" option, the processing date for the new occurrence of the payment is adjusted to the first business date prior to the calculated processing date.
If you select the "Pay After" option, the processing date for the new occurrence of the payment is adjusted to the first business date after the calculated processing date.

Note: If your frequency settings specify the 29th, 30th, or 31st of any month as your Scheduled Initiation Date, and that day does not exist in the month of the calculated processing date, then the last calendar day of that month will be used as the calculated processing date.

Bill Pay will calculate the Estimated Arrival Date of your payment. This is only an estimate. Please allow ample time for your payment to reach your payee(s). Bill payments are processed by outside service providers and the Bank is not responsible for making payments upon your authorization or for mailing or sending a payment to the designated payee. The Bank is not liable in any way for damages you incur if you do not have sufficient funds in your account to make the payment on the Scheduled Initiation Date or the payment processing date. The Bank is not responsible for and assumes no liability if the Estimated Arrival Date generated by Bill Pay is inaccurate due to delays in mail delivery, changes of merchant address or account number, the failure of any merchant to account correctly for or credit the payment in a timely manner, for any lack of care by the outside service providers, or for any other circumstance that is beyond the Bank’s control. In addition, the Bank is not responsible for and assumes no liability if bill payments cannot be made due to incomplete, incorrect, or outdated information.
Available Funds Required. All bill payments initiated through Bill Pay are contingent upon sufficient funds available in the Designated Transaction Account to cover the bill payment on the Scheduled Initiation Date and the calculated processing date. Please refer to the Funds Availability Disclosure provided to you at account opening to determine the funds availability policy for your account(s). You may request another copy of this disclosure from any Bank representative by telephone, postal mail, or in person at any of our branch locations.

Stopping or Modifying a Bill Payment. A bill payment can be changed or canceled any time prior to the cutoff time on the calculated processing date. Electronic payments process twice daily, 7 AM CST and 2 PM CST. Check payments process at 3 PM CST. Check payments can be stopped as long as they have not yet been presented for payment. Rush payments, gift checks and charity checks are drawn off of your account and a stop payment can be placed the same manner as a regular check written out of your account. Electronic payments cannot be stopped after they have processed. 

Authorization to Charge Your Account(s). You authorize the Bank to charge your Designated Transaction Account(s) for any transactions accomplished through Bill Pay, including the amount of any bill payment, and for any charges for Bill Pay and/or stop payment request(s). You authorize the Bank to process bill payments according to the instructions that the Bank receives if the instructions are received by the Bank through Bill Pay. You authorize the Bank to initiate any reversing entry or reversing file, and to debit your Designated Transaction Account(s) in order to correct any mistaken credit entry.

You understand that if a bill payment describes the payee inconsistently by name and account number, execution of the bill payment shall occur on the basis of the account number, even if it identifies a payee different from the named payee. Your obligation to pay the bill payment to the Bank is not excused in such circumstances. The Bank shall have no liability for the execution or failure to execute a bill payment that includes a discrepancy between the name of a payee and an account number, or which is to be made from an account with insufficient available funds. The Bank shall not be responsible for resubmitting any payment for you after funds become available in your Designated Transaction Account.

Person to Person. Bill Pay offers a person to person payment service to send domestic payment to private individuals by simply using an email address or mobile phone number. To protect you and the Bank, we require you to enter a keyword for the transfer. You should provide this keyword to the payee personally. A link will be sent to the recipient that will direct the recipient to our website where the necessary banking information can be provided online to complete the transfer. The payee will be responsible for providing the correct bank routing number and personal account number. You will not have access to their banking information. Once the information has been entered, the transfer will be made through the ACH network and could take up to two banking days to arrive.

Liability. You are solely responsible for controlling and safekeeping access to your User ID, password and security questions. If you want to terminate another person's authority to use Bill Pay, you must notify the Bank and arrange to change your User ID, password and security questions. You will be responsible for any bill payment request(s) you make that contain an error or duplicate a previous bill payment. The Bank is not responsible for a bill payment that is not made if you did not properly follow the instructions as prescribed in this Agreement. The Bank is not liable for any failure to make a bill payment if you fail to promptly notify the Bank after you learn that you have not received credit from any payee(s) for a bill payment. The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank's agent.

OPTIONAL Electronic Statement Disclosure

This disclosure relates to your enrollment in Commercial Bank and Trust Co e-statement (electronic statement delivery).   

By enrolling, you agree to receive your statements electronically (via email).  Upon enrolling, you will no longer receive statements in the mail for the accounts you have selected. To obtain a duplicate copy of your electronic statement in paper form, write to us at PO Box 1000, Paris, TN 38242, stop by any branch, or call 1-888-518-7053.  Requests for paper copies of these documents will be subject to research fees as disclosed in your account disclosures. 

You have chosen to receive the following information electronically:  periodic statements, Overdraft Notices, Bounce Protection Notices, Charge Back Notices, Outgoing Wire Notices, Incoming Wire Notices, Loan Billing Notices, First Past Due Notices, Second Past Due Notices, Dormant Account Notices, Tax Statements, and updates to bank disclosures.  

To receive your statements electronically, you will need access to a computer that satisfies the minimum browser requirements for online banking, which at this time is 128 bit encryption.  Additionally, you will need access to a printer or the ability to download and archive the document to your computer in order to keep copies for your records.  You will need software which permits you to receive and access PDF files, such as Adobe Acrobat Reader.  By enrolling, you accept the electronic statement delivery service with electronic disclosures.

When your statement is available, you will receive an email to that effect at the email address we have on file at that time.  You will have eighteen (18) months from the time of the email within which to view, print or archive your statement.  You will have thirty (30) days from the time of the email in which to view any notices chosen.

We also make statements and images available through our NetTeller online banking service at www.cbtcnet.com.  You are able to retrieve text pages of your statement for a maximum of twelve (12) months by selecting the "Statement" option next to the "Account Information" page of the NetTeller service.  Check and deposit images are available online for a maximum of eighteen (18) months by selecting the "Transactions" option next to the account on the "Account Information" page of the NetTeller service.  After the above periods of time, the information will be available upon request and a charge of $20.00 an hour and $1.00 per copy will apply.  Contact us at 731-641-9450 or 888-518-7053. 

You may withdraw your consent to receive communications in electronic form for any of your accounts by logging into our NetTeller service, clicking on the E-Documents tab, and selecting 'Documents and Settings.'  On the 'Documents and Settings' screen, you can unselect the accounts you wish to begin receiving paper statements. You may also call us at 888-518-7053.  There is no consequence to withdraw your consent from receiving electronic communication from us.

It is your responsibility to provide us with a true and accurate email address and to maintain and update any changes to this information.  You can update such information by logging into our NetTeller service, clicking on E-Documents, and then Email Settings. You may also call us at 888-518-7053 to update your contact information.

All communications in either electronic or paper form from us to you will be considered "in writing."  You should print or download for your records a copy of your statements and any other communication from us that is important to you.

You acknowledge and agree that your consent to receive electronic statement delivery is being provided.  We reserve the right to discontinue your electronic statement delivery or to change the terms and conditions of this service.                                                                         

Error Resolution

In case of errors or questions about electronic transfers, call or write us at the telephone number or address listed in this disclosure, as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later that 60 days after we sent you the FIRST statement on which the error appeared. (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.

If you inform us orally, we may require you to send us your complaint or questions in writing within 10 business days. We will inform you of the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need additional time, however, we may take up to 45 days to investigate your complaint or questions. If it is necessary for us to do this, we will credit your account within 10 business days for the amount in question so that you may have use of these funds during our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within 10 business days, we may not credit your account for the amount in question. If we decide that no error was made, we will send you a written explanation of our findings within three business days of completion of our investigation. You may ask for copies of the documents that we used in our investigation.

For error resolution or questions, please call 731-641-9450 or 1-800-273-8889, 8:00 A.M. to 4:30 P.M. Monday through Friday or write: Commercial Bank and Trust Company P. O. Box 1000 Paris, TN 38242-1000

Amendments

Terms and conditions of this agreement may be amended in whole or part at any time within 30 days of written notification prior to the change taking effect. Amendments or changes to term(s) or condition(s) may be made without prior notice if it does not result in higher fees, more restrictive service use, or increased liability to you.

Termination

You may terminate the use of NetTeller by contacting Commercial Bank and Trust Company by mail or personal delivery. If your account is closed or restricted for any reason, NetTeller accessibility will automatically terminate.

I AGREE. I have read the above disclosure, agree to the terms, and would like to proceed with NetTeller Application.

Commercial Bank Swoosh