This Citizens State Bank Online Bill Pay Agreement (this “Agreement") states the terms and conditions for the Citizens State Bank Online Bill Pay service ("Bill Pay service") offered by Citizens State Bank (the "Bank"). When you use, or permit any other person(s) to use, the Bill pay service, you agree to be bound by the terms and conditions of this Agreement. These terms and conditions are in addition to those that apply to any accounts you have with the Bank. This Agreement is an addendum to the existing Deposit Account Agreement that you received when you opened your checking account, as amended from time to time. In the event of a conflict between this Agreement and your Deposit Account Agreement, the terms of your Deposit Account Agreement will control.
As used in this Agreement, "you" or "your" refers to each person(s) subscribing to, using or accessing Bill pay service; "we", "us", or "our" refers to the Bank and any agent, independent contractor, designee, or assignee the Bank may, at its sole discretion, involve in the provision of Bill Pay service.
CITIZENS STATE BANK Online Bill Pay.
- Definition List
- As used in this Agreement, the terms listed below have the following meanings:
- Business Day
- A “Business Day” means Monday through Friday, excluding Federal Reserve holidays.
- A bill pay is “Cancelled” when the payment will neither be processed nor sent at your request.
- Cutoff Time
- “Cutoff Time” means 8:00 PM Central Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.
- Deliver By Date
- “Deliver By Date” means the date you would like your bill pay delivered to your Payee.
- A “Payee” is the person or entity to whom you designate a bill pay to be delivered.
- Payment Instruction
- The “Payment Instruction” is the information provided by you to us for a bill pay to be delivered to the Payee (such as, but not limited to, Payee name, Payee account number, and Deliver By Date).
- Payment Method
- The “Payment Method” is the way your payment is transmitted to your Payee (i.e. electronically or via check).
- Funding Account
- The “Funding Account” is the account you select, from the eligible checking accounts, from which the funds for a bill pay will be deducted.
- Bills that are scheduled for automatic payment and meet the payment requirements the end user sets and
- Manual/recurring payments that the end user sets up. An electronic bill pay is “Pending" until the Cutoff Time of the Send On date.
- Process Date
- The date a payment initiates. It must be a date in the future and cannot be the same as the current date (i.e. today’s date).
- An electronic bill pay is “Resubmitted” when the payment encountered delivery errors and was resubmitted on your behalf as a paper check payment. Please note that it may be delivered later than the originally scheduled Deliver By Date; you may wish to contact your Payee(s) and inform them of the delay.
- Send On Date
- The “Send On Date” is the date we will withdraw funds from your Funding Account and begin the delivery process; The Send On Date should be 3 days prior for electronic payment and 5 days prior for checks of the due date of the bill.
- A bill pay is “Sent” when it has successfully left our delivery system en route to your Payee. This is not a confirmation that the Payee has received it.
Activating the Bill Pay service.To activate the Bill Pay service, you must have a Citizens State Bank checking account and be enrolled in Citizens State Bank Online Banking ("Online Banking"). To use the Bill Pay service, you must provide information online to us to identify your Payees. You must provide sufficient information about a Payee to permit us to properly direct a payment and permit the Payee to identify you as the payment source upon receipt of a payment. You must complete all required fields with accurate information, as directed by the Bill Pay service screen messages. By providing us with the names and account information of those Payees to whom you wish to direct payment, you authorize us to follow the Payment Instructions that we receive through the Bill Pay services. You further authorize us to update or change any of your Payee information as requested or provided by your Payee. When we receive a Payment Instruction, you authorize us to debit the Funding Account you designate for that payment and remit funds to the Payee on your behalf.
Your activation of the Bill Pay service may not be fulfilled if we cannot verify your identity or other requested information. Through your activation of the Bill Pay service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you authorize us to obtain financial information regarding your account from a Payee to resolve payment-posting problems.
Using the Bill Pay service.To access and use the Bill Pay service, go to csbjc.com and sign in to Internet Banking. The following types of bill pays may be set up using the Bill Pay service:
1. Manual Payment: You may request a payment to be delivered one (1) time to a Payee. If the website indicates that the Payee can support electronic payments, you must enter the request before the Cutoff Time at least three (3) Business Days before the Deliver By Date. If the website indicates that the Payee can support only payments made via check, you must enter the request before the Cutoff Time at least five (5) Business Days before the Deliver By Date.
2. Recurring Payment: You may schedule payments to Payees to be automatically delivered in a fixed amount on regular intervals. If the Deliver by Date does not exist in a certain month, then the payment will be delivered on the last Business Day of the month. For example, if you schedule a payment for the 30th of each month, your payment for the month of February will be delivered on or before the 28th of February. If the Deliver By Date of an automatic payment falls on a weekend or holiday, that payment will be rescheduled to the latest preceding Business Day.
The amount of any Manual Payment or Recurring Payment shall not exceed $9,999.00. You will be provided a confirmation number for each payment you schedule using the Bill Pay service. The reference number will help us resolve any questions you may have concerning your transactions.
Payments are Sent to the Payees you designate on your behalf either by electronic funds transfer, or by mailing your Payee a check. For payments made via electronic funds transfer, we will withdraw the applicable funds from your designated Funding Account on the Send On Date. Electronic payments will take three (3) Business Days to deliver the payment to your Payee. For payments made via paper checks, we will withdraw the applicable funds from your designated Funding Account on the Send On Date. Check payments will take five (5) Business Days to deliver the payment to your Payee. Please note the Payment Method accepted by your Payee at the time you schedule the payment. The Payment Method for a Payee is subject to change. If a Payee no longer accepts electronic payments, or the payment encounters delivery errors, payments to that Payee will be delivered by paper check. Additionally, if a Payee no longer accepts electronic payments, the Send On Date will need to be changed to five (5) Business Days before the Deliver By Date for all subsequent payments and for the most current if the Payee provides us with sufficient notice. If a Payee begins accepting electronic payments, payments to that Payee will be processed electronically and the Send On Date will need to be changed to three (3) Business Days before the Deliver By Date for all subsequent payments. In addition, if an electronic payment is undeliverable the payment may be Re-submitted by check. We will notify you via e-mail of these Payment Method changes. Please note that, in some situations, if a payment is scheduled to be sent electronically to a Payee who can no longer process payments using the Payment Method in which it was Sent, then that payment may be late.
By submitting Payment Instructions, you agree to have sufficient funds in your Funding Account on the Send On Date for each payment you schedule. If you submit Payment Instructions and do not have sufficient funds in your account on the Send On Date, you will be charged an NSF fee. The Bank will automatically try to debit your account up to two (2) more times on the two (2) succeeding Business Days. After the 3rd attempt the Bank will immediately block the bill pay account. This means no more bill payments will be paid or set up from this account until the end user resolves the NSF. If the end user has multiple funding accounts, only the NSF account will be blocked. The account will remain blocked for 5-10 days. The Bank, at its discretion, may have the account unblocked earlier. The Bank will close a bill pay account if collection of debit returns is unsuccessful or if fraudulent activity is identified.
While it is anticipated that most transactions will be delivered by the Deliver By Date, it is understood that due to circumstances beyond our control, particularly delays in handling and posting payments by slow responding Payees or financial institutions, some transactions may take a day or even a few days longer to be credited by your Payee to your Payee account. The Send On Date that you enter must be before the bill's actual due date, not the late date and/or a date in the grace period. The Send On Date must be 3 days before due date for electronic payment and 5 days before the due date for check payments. Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Bill Pay service on the next Business Day.
We will use commercially reasonable efforts to deliver all of your payments in accordance with your Payment Instructions. However, we shall incur no liability because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, any designated Funding Account does not contain sufficient funds to complete the transaction or would exceed the credit limit of your overdraft account;
2. The Bill Pay service or Internet Banking is not working properly and you know or have been advised by us through the communication method of our choosing about the problem before you execute the transaction;
3. The Payee mishandles or delays processing a payment sent by us;
4. You have not provided us with the correct name, address, phone number, or account information for the Payee, or you have not provided us with accurate personal information, or you have otherwise provided incomplete Payment Instructions; or, When we receive a Payment Instruction, you authorize us to debit the Funding Account you designate for that payment and remit funds to the Payee on your behalf.
5. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing five (5) exceptions are applicable, if we cause an incorrect amount of funds to be removed from any designated Pay From Account or cause funds from any designated Pay From Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to the originating Pay From Account and for directing to the proper Payee any previously misdirected transactions.
The following payments are prohibited through the Bill Pay service:1. Tax payments and other governmental fees;
2. Court ordered payments, alimony and child support payments;
3. Payments to Payees outside of the United States;
4. Payments to loan sharks or to other gambling debts.
5. Those otherwise prohibited by law
You may cancel or edit any Pending payment (including Automatic Payments) by following the directions within the service. There is no charge for canceling or editing a Pending payment. The reference number will help us try to resolve any questions you may have concerning your transactions and is available on the “Payment Details” page if you need to refer to it in the future. If you desire to cancel or stop any payment that is In Process, you must call the bank at (361) 771-3391.
Once your scheduled bill pay is In Process, you agree to have sufficient funds available in your Pay From Account to pay the scheduled bill pay and further agree we may remit your payment to your Payee by any one of the following means, at our sole discretion:
(1) by electronic funds transfer;
(2) by mailing your Payee a check drawn on an account we maintain for this purpose; or
(3) by other means.
The timing of when your scheduled bill pay is debited from the designated Pay From Account will vary, depending on the Payment Method used. Your account will be debited on the Send On Date. The debit should appear in your online Citizens State Bank (www.CSBJC.com) Account Activity two (2) Business Days after the Send On Date. The transaction should show a date of one (1) Business Day after the Send On Date.
Statements.All of your payments made through the Bill Pay service will appear on your monthly checking account statement(s). You can also view payment activity on the Internet Banking Account History page.
Address Changes.You agree to promptly notify Internet Banking of any address change, electronic mail address change, and/or any change to your telephone number by updating your "Bill Pay Profile" found within Internet Banking. If e-mail notifications for payment issues are undeliverable due to an incorrect e-mail address, we have no further obligation to contact you to correct the payment unless we receive a corrected e-mail address.
Payee Limitation.We reserve the right to refuse to pay any Payee to whom you may direct a payment for security or other reasons. We will notify you promptly if we decide to refuse to pay a Payee designated by you for reasons other than payments prohibited under this Agreement.
Equipment.You are responsible for obtaining, installing, maintaining and operating all computer hardware, software, and Internet access services necessary to use or access the Bill Pay service. The Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware, software or any Internet access services.
Availability.Bill Pay service is available 24 hours a day, 7 days a week, except during maintenance periods or circumstances beyond our reasonable control.
Risk Of Loss.In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated were in the process of completing or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
Citizens State Bank Bill Pay Guarantee.If you properly follow the procedures described herein and comply with the terms and conditions of this Agreement, and your payment is not credited by your Payee by the actual payment due date, we will bear responsibility for any late fees (up to $50) you incur to the extent our actions or inactions cause the payment to fail to post to your Payee account by such due date. In the event you do not follow the procedures or otherwise fail to use the Bill Pay service in accordance with the terms of this Agreement, including, but not limited to, choosing a Send On Date that is less than five (5) Business Days for check payments and less than three (3) Business Days for electronic payments before the bill's due date or providing incorrect Payee information, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you. Additionally, you agree not to enter into any agreements where one of the purposes is to generate late payment fees.
Limitation of Access.We may terminate, suspend or limit your access privileges to the Bill Pay service, in whole or in part, in our sole discretion, at any time without prior notice. Termination or suspension shall not affect your liability obligations under this Agreement.
Fees.There is no fixed monthly service fee for consumer/personal checking customers who subscribe to the Bill Pay service and have twelve (12) or less transactions per month. A charge of $0.55 each will be charged for the thirteenth (13th) and successive transaction. There is a $24.95 fixed monthly service fee for commercial/business accounts which includes twenty (20) transactions. On the twenty-first and subsequent transaction a fee of $0.55 per transaction will be assessed.
If we process a payment in accordance with your Payment Instructions that overdraws your account, we may assess a fee or charge interest for any such overdraft in accordance with the terms of your Deposit Account Agreement. We may charge an NSF Fee in the amount of $28.00 per occurrence if we attempt to fund a transaction three times and are unsuccessful due to an insufficient available balance in your account to fund the transaction. We will not be liable for failure to pay any bill pay request unless it is drawn against available funds credited to the designated Funding Account. The NSF Fee will be deducted from the appropriate Funding Account. In addition, you will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with Internet Banking.
Damages.THIS AGREEMENT STATES OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AS IT RELATES TO YOUR USE OF THE BILL PAY SERVICE. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL, INCLUDING LOST PROFITS, CAUSED BY CITIZENS STATE BANK OR THE USE OF THE BILL PAY SERVICES, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, EQUIPMENT, SOFTWARE, OR ANY INTERNET ACCESS SERVICES.
Warranties Disclaimer.THE BILL PAY SERVICE AND RELATED DOCUMENTATION IS PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THE BANK DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE BILL PAY SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE BILL PAY SERVICE.
Errors or Questions.In case of errors or questions about your Bill pay service:
(1) call the Bank at 361-771-3391;
(3) write to us at Citizens State Bank, P.O. Box 1190, Ganado, Texas 77962.
Miscellaneous Terms.In addition to this Agreement, you agree to comply with all applicable account agreements, including, without limitation, the American Bank Internet Banking Agreement and the Deposit Account Agreement that you received when opening your depository account, as amended, and with all applicable State and Federal laws and regulations.
The Bank may amend or change this Agreement (including applicable fees and service charges) by sending you written notice by electronic mail or by regular mail sent to your address as it appears on your account records. You agree that the Bank may also send you future notices and disclosures about your accounts with the Bank by electronic mail, where permitted by law. Any use of the Bill Pay service after we send you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the programs, services, and/or related material, 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 programs, services, and/or related material, and to limit access to the Bill Pay service more recent revisions and updates.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.