Disclosures

 

Website Terms of Use

FDIC Insurance Coverage

Funds Availability Disclosure

Electronic Transfer Agreement & Disclosure

Mobile Banking & Remote Deposit Capture Agreement & Disclosure

Online Access Agreement

Website Terms of Use

The following terms apply to your access to and use of Citizens Bank and Trust Co.'s Internet site (Site). By accessing any page of our Site, you agree to be bound by these terms and conditions. Citizens Bank and Trust Co. (Bank) reserves the right to revise the terms and conditions, without prior notification, at any time.

Trademark

Citizens Bank and Trust Co. logo’s are registered trademarks.

Copyright

Information and materials are protected by federal copyright laws. The information and materials may not be copied, displayed, distributed, downloaded, transmitted, or otherwise used for public or commercial purposes without the written permission of Citizens Bank and Trust Co.

Products and Services

You agree that your use of the Citizens Bank and Trust Co. Site, and all transactions are governed by state and federal laws where applicable. You agree that jurisdiction and venue will be located in Big Timber, Montana.

Not all products and services described on the Site are available in all geographic areas. Citizens Bank and Trust Co. reserves the right to determine eligibility for any product or service.

Disclaimer of Warranties

The information, materials, and functions contained in our Site are subject to change at any time without prior notice. The Bank does not warrant or guarantee the information and materials included in our Site or in third party sites linked to or from our Site, or that the functions provided will be uninterrupted or error-free. The Bank disclaims any liability for any errors or omissions in information, materials, and functions included in our Site or any third party sites linked to or from our Site.

Disclaimer of Liability

The bank is not liable for any damages or lost profits arising from the use of our Site, any interruption in the availability of our Site, delay in operation or transmission, computer virus, loss of data, or other events arising from use of our Site, even if the Bank has been advised of the possibility of such damages or loss.

Communications

You may not upload or transmit any information or material that violates the copyright, trademark, or other proprietary laws of the United States or of any person or entity. Do not transmit private identifying information through the site, you will not be asked for private information such as Social Security Numbers, or Date of Birth through our website.

Under no circumstances shall obscene, libelous, or defamatory content be included in your communications.

By using our Site you indemnify and hold the Bank harmless from any and all damages, losses, and liabilities arising from the use of the Site.

FDIC Deposit Insurance Coverage

The more you know, the safer your money.

The FDIC - short for the Federal Deposit Insurance Corporation - is an independent agency of the United States government. FDIC coverage protects you against the loss of your deposits if an FDIC-insured bank or savings association fails. FDIC insurance is backed by the full faith and credit of the United States government.

All FDIC-insured banks must meet high standards for financial strength and stability. The FDIC, with other federal and state regulatory agencies, regularly reviews the operations of insured banks to ensure these standards are met.

The FDIC insures all deposits, including checking, NOW and savings accounts, money market deposit accounts, and certificates of deposit (CDs), up to the insurance limit.

On July 21, 2010, the deposit insurance coverage for all deposit accounts was permanently raised to $250,000 per depositor, per insured depository institution for each account ownership category. Insurance coverage for certain retirement accounts, which include all IRA deposit accounts, was increased permanently to $250,000 per depositor in 2006.

The FDIC does not insure the money you invest in stocks, mutual funds, life insurance policies, annuities, or municipal securities, even if you purchased these products from an insured bank. The basic insurance amount is $250,000 per depositor per insured bank

Funds Availability Disclosure

Your Ability to Withdraw Funds

This policy statement applies to transaction accounts only.

Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available you can withdraw them in cash and we will use the funds to pay checks that you have written. Please remember that even after we have made funds available to you and you have withdrawn the funds you are still responsible for the checks you deposit that are returned to us unpaid and for any other problems involving your deposit.

Determining the Availability of a Deposit

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 3:00 p.m. at the Main Branch located in Big Timber, Montana, or before 3:30 p.m. at the Continental Branch in Harlowton, Montana on a business day that we are open, we will consider that day to be the day of your deposit. If you make a deposit after 3:00 p.m. at the Main Branch located in Big Timber, Montana, or after 3:30 p.m. at the Continental Branch in Harlowton, Montana or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Deposits made via Mobile Banking

Deposits made via Mobile Banking are subject to review. Depending on the time of day and day of the week, Mobile Deposits may be pending review until the next business day. After review, the availability of deposits made using Mobile Banking shall be determined as set forth in the Bank’s Funds Availability Disclosure. Citizens Bank & Trust Co. reserves the right to use Case-by-Case and Exception Holds as necessary.

Deposits confirmed no later than 2:30 p.m. MST on a business day will be credited to your account within 24 hours of receipt. Deposits made after the daily cut-off time (currently 2:30 p.m. MST) or deposits confirmed received on holidays or days that are not business days shall be deemed as received by us the following business day and will show in your account after posting that night unless rejected during Deposit Review. This means that a deposit that is made after the cut-off time or on non-business days shall show as pending review, be scheduled to post the next business day and will not show in your account history for two business days.

If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in one of your accounts. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

Longer Delays May Apply

Case-by-Case Delays – in some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $200 of your deposits, however, may be made available on the first business day.

If we are not going to make all of the funds from your deposit available on the first business day, after we receive your deposit, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.

If you need the funds from a deposit right away, you should ask us when the funds will be available.

Safeguard Exception Delays –In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,000 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • There is an emergency, such as failure of computer or communications equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

Special Rules for New Accounts

If you are a new customer, the following special rules will apply during the first 30 days your account is open.

Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state, and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the
day of your deposit.

Funds from all other check deposits will be available on the ninth business day after the day of your deposit.

Electronic Transfer Agreement & Disclosure

Your Rights & Responsibilities

Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed.

You should keep this notice for future reference

Electronic Fund Transfers Initiated By Third Parties - You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a
returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and financial institution information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your financial institution and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples
of these transfers include, but are not limited to:

  • Pre-authorized credits - You may make arrangements for certain direct deposits to be accepted into your checking or savings.
  • Pre-authorized payments - You may make arrangements to pay certain recurring bills from your checking or savings.
  • Electronic check conversion - You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
  • Electronic returned check charge - You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.

ATM card transactions - types of transactions - You may access your account(s) by ATM using your ATM card and your personal identification number (PIN) to:

  • withdraw cash from checking or savings
  • transfer funds from savings, checking to checking, savings
  • get balance information about checking or savings
  • get withdrawal history about checking or savings
  • get transaction history about checking or savings

Some of these services may not be available at all terminals.

VISA Check Card and ATM (Interlink) ATM transactions - types of transactions - You may access your account(s) by ATM at You can access ATMs located at any of our branch locations or ATMs carrying the Cirrus Network logo. using your VISA Check Card and ATM (Interlink) and your personal identification number (PIN) (as applicable) to:

  • withdraw cash from checking or savings
  • transfer funds from checking, savings to checking, savings
  • get balance information about checking or savings
  • get withdrawal history about checking or savings
  • get transaction history about checking or savings

Some of these services may not be available at all terminals.

VISA Check Card and ATM (Interlink) point-of-sale transactions - types of transactions - You may access your checking account(s) by debit card to do transactions that participating merchants will accept, including:

  • purchase goods in person, by phone, or online
  • pay for services in person, by phone, or online
  • get cash from a participating merchant or financial institution

Currency Conversion and International Transactions - When you use your VISA(R) debit card at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is either a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date.

Visa USA charges us a .8% International Service Assessment on all international transactions, regardless of whether there is a currency conversion. If there is a currency conversion, the International Service Assessment is 1% of the transaction. The fee we charge you for international transactions/currency conversions is disclosed separately. An international transaction is a transaction where the country of the merchant is outside the USA.

Advisory Against Illegal Use - You agree not to use your card(s) for illegal gambling or other illegal purposes. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

Citizens Bank and Trust Internet Banking - types of transfers - You may access your accounts by computer at www.ctznsbank.com and using your Access ID, Password, pass phrase and picture to:

  • transfer funds from checking, savings, loans to checking, savings, loans
  • make payments from checking, savings to loan
  • get balance information about checking, savings, certificate of deposit, line of credit or loan
  • get transaction history about checking, savings, certificate of deposit, line of credit or loan

Limits and fees - Please refer to our fee disclosure for information about fees and limitations that may apply to these electronic fund transfers.

ATM Operator/Network Fees - When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

Limitations on frequency of transfers - In addition to those limitations on transfers elsewhere described, if any, the following limitations apply to your savings, market rate savings, Citizens Plus savings account(s):

During any calendar month or statement cycle of at least four weeks, you may not make more than six withdrawals or transfers to another account of yours or to a third party by means of a pre-authorized or automatic transfer or telephone order or instruction or by check, draft, debit card or similar order. If you exceed the transfer limitations set forth above in any statement period, your account will be subject to closure by the financial institution.

Documentation

Terminal transfers - You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.

Pre-authorized credits - If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money.

Periodic statements - You will get a monthly account statement from us for your checking account(s). You will get a monthly account statement from us for your savings account(s), unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.

Pre-authorized Payments

Right to stop payment and procedure for doing so - If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:

Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request three 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 14 days after you call.

Notice of varying amounts - If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for failure to stop payment of pre-authorized transfer - If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Financial Institution's Liability

Liability for failure to make transfers - 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:

  1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
  2. If you have an overdraft line and the transfer would go over the credit limit.
  3. If the automated teller machine where you are making the transfer does not have enough cash.
  4. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  5. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  6. There may be other exceptions stated in our agreement with you.

Confidentiality

We will disclose information to third parties about your account or the transfers you make:

  1. where it is necessary for completing transfers; or
  2. in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  3. in order to comply with government agency or court orders; or
  4. as described in our privacy policy disclosure, provided separately.

Unauthorized Transfers

(a) Consumer liability. (1) Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.

If you do NOT tell us within two business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code 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 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 a hospital stay) kept you from telling us, we will extend the time period.

(2) Additional Limit on Liability for VISA(R) card. Unless you have been negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen VISA card. This additional limit on liability does not apply to ATM transactions, or to transactions using your Personal Identification Number which are not processed by VISA.

(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this disclosure. You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission.

Error Resolution Notice

In Case of Errors or Questions About Your 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 or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number (if any).
  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 tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved 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 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened.

We will tell you the results within three 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.

If you have inquiries regarding your account, please contact us at:

Citizens Bank and Trust
PO Box 847
130 McLeod
Big Timber, MT 59011
Business Days: Monday, Tuesday, Wednesday, Thursday and Friday
Holidays are not included.
Phone: (406) 932-5311 or (406) 632-4373

Mobile Banking & Remote Deposit Agreement & Disclosure

INTRODUCTION

The following Terms and Conditions (“Agreement”) apply to our Mobile Banking Services.

SERVICES

The Mobile Banking service allows you to access your account information through your smart phone or mobile device. The Mobile Banking service also allows you to request and receive account information and notification via text message.

By enrolling in Mobile Banking, you are agreeing to all the terms, conditions and notices in the Mobile Banking and Remote Deposit Capture Disclosure and Agreements below and accept responsibility for your use of Mobile Banking. Please read these disclosures carefully before accepting and print them for your records. We may amend these terms, and modify or cancel the mobile services and features we offer from time to time without notice, except as may be required by law. A PDF version is available here If you are unable to print this document, a copy can be provided to you by Citizens Bank & Trust Co. upon request.

We may offer additional mobile services and features in the future. Any such added mobile services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new mobile service or feature is added and/or at the time of enrollment for the feature or service if applicable.

Any deposit Account accessed through this Service is also subject to the Account Disclosures and Regulations for the Account (Account Disclosures). You should review the Account Disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.

MOBILE BANKING IS PART OF YOUR ONLINE BANKING SERVICE

Presently, Mobile Banking is available only to individuals who are already enrolled in our Personal Online Banking service. This Mobile Banking Disclosure and Agreement is incorporated by this reference and becomes part of Citizens Bank & Trust Co.’s Electronic Funds Transfer Disclosure and Agreement. All other terms and conditions of your Electronic Funds Transfer Disclosure and Agreement remain in force and are accessible on our website.

View Electronic Funds Transfer Disclosure 

The term “Online Banking” means the personal Online Banking service through which you choose to enroll in Mobile Banking. “Online Banking Agreement” means the personal Online Banking Service Agreement, as amended from time to time, that you accepted when enrolling in the Online Banking service. Your Online Banking Agreement also includes related agreements that you have with us in connection with your Online Banking (e.g., any agreement for eStatements or Bill Pay service.)

This Mobile Banking Service Agreement is an Addendum to and includes the terms of your Primary Online Banking Agreement. The same credentials (Login ID and Password) that are in place for your Online Banking service shall also apply to Mobile Banking.

ACCEPTING THIS AGREEMENT

Before using Mobile Banking, you must both (a) consent to receive notices and disclosures electronically, and (b) read and accept this Agreement. You must evidence that consent and acceptance by selecting the button declaring your acceptance as part of your enrollment in Mobile Banking. In addition, you agree you are deemed to automatically renew that consent and acceptance each time you log in as a user of Citizens Bank & Trust Co. Mobile Banking and use Mobile Banking to conduct any transaction.

CONSENT TO RECEIVE DISCLOSURES AND NOTICES ELECTRONICALLY

By accepting this Agreement, you consent to receive notices and disclosures concerning Mobile Banking and your enrolled bank accounts electronically, including by mobile phone (e.g. SMS or other text message) or e-mail. You are required to have a valid, accurate email address on file in order to enroll in Mobile Banking and to receive special notifications regarding your Mobile Banking or Remote Deposit Services. You are required to keep Citizens Bank & Trust Co. informed of your current address or e-mail address to insure correct mailing of monthly statements if you have signed up for that service.

You are solely responsible for immediately updating your electronic address if it changes. You must update your electronic address by logging into your Citizens Bank & Trust Co.’s Online account and accessing the “Change Password” link for managing your email address or accessing the Mobile Banking page to update your Mobile Device phone number and entering your new electronic address. If you need assistance updating your electronic address, you may call Citizens Bank & Trust Co. at (406) 932-5311. All disclosures and notices by us shall be deemed given and received by you immediately upon being sent to the electronic address you have most recently updated. Many disclosures and notices may also or instead appear in one or more of your bank account statements. Unless specifically required by law, we are not obligated to provide any disclosure or notice to you by regular mail or by any means other than electronic transmission. You may, without charge, withdraw your consent to receive notices and communications electronically by calling Citizens Bank & Trust Co. at (406) 932-5311 and in that event we can terminate your Mobile Banking Service.

Receiving electronic disclosures and notices on your Mobile Devices requires that your Mobile Device be an Internet- enabled Mobile Device that supports 128-bit encryption. In order to keep notices and disclosures sent to you electronically, you must have the ability to save them to your Mobile Device or computer or to print them. You may also request a paper copy of an electronic notice or disclosure at no additional charge by calling Citizens Bank & Trust Co. at (406) 932-5311.

WHO IS BOUND BY THESE AGREEMENTS

Each person “Signer” who completes the mobile enrollment form to use Mobile Banking, Short Message Service “SMS” Banking and Remote Deposit Capture services and/or enter their Access ID and Password, agrees to be bound by the terms and conditions of these Disclosures and Agreements. If more than one account owner enters their Access ID and Password or completes the mobile enrollment form, all signers are jointly and severally liable. Citizens Bank & Trust Co. can waive or delay enforcement of its rights as to one signer without affecting its ability to enforce its rights as to the other signers. The Disclosures and Agreements are also binding upon your heirs, personal representatives and successors. By accessing the system or authorizing anyone else to access the system and/or by completing the mobile enrollment form, you agree to be bound by the terms and conditions of the Disclosures and Agreements.

AMENDMENT OF AGREEMENT

Citizens Bank & Trust Co., may, at our discretion, amend this Agreement after providing 30 days advance notice of the amendment(s).

INDEMNIFICATION

You agree to indemnify, defend, and hold Citizens Bank & Trust Co. and its affiliates, officers, directors, employees, consultants, agents, Mobile service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from; (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (b) your violation of any law or rights of a third party; or (c) your use or use by a third party of Mobile Banking.

MOBILE BANKING USER RESPONSIBILITY

You represent and agree to the following by enrolling in or using Mobile Banking: You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking; You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete and that you have the right to provide such information to us for the purpose of using Mobile Banking; You agree not to misrepresent your identity or your account information; You agree to keep your account information up to date and accurate; You represent that you are an authorized user of the Device you will use to access Mobile Banking.

You agree to monitor your Account and important Account information through your Online Banking Service, periodic statements for your Account, if applicable and important notices about your Account delivered by us electronically or by mail, in addition to any services or information you may receive through Mobile Banking; and You agree to keep informed of any changes to Mobile Banking by regularly visiting your profile page and our web site at www.ctznsbank.com.
You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access. You agree not to provide your password or other access information to any other person. If you permit other persons to use your Device, log in information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account.

You agree to comply with all applicable laws, rules and regulations in connection with Mobile Banking. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk and you are responsible for compliance with local laws.

You agree to accept all responsibility for any instructions sent to Citizens Bank & Trust Co. from the Device and authorize Citizens Bank & Trust Co. to act on these instructions. It is your responsibility to contact us if you know or suspect unauthorized use of your Access ID and/or password. You are responsible for keeping your Access ID and Password confidential and agree not to provide your Access ID, password, or other access information to any unauthorized person.

You agree to notify us immediately if you lose, change or cancel the number of your registered Device. If you believe that someone may have unauthorized access to your Mobile Banking, you agree to cancel your Mobile Banking associated with the Device immediately.

In addition, you agree to the terms and conditions in other sections of this Agreement and your Responsibilities in the Electronic Fund Transfers Provisions section below. The Electronic Fund Transfers Provisions disclosure can be obtained here. Please review our Online Banking Agreement and Disclosure for further information.

TRANSACTIONS AVAILABLE

You may use the Mobile Banking service to perform the following transactions:

  • Get balance information about checking, savings, certificate of deposit, line of credit or loan;
  • Make payments from checking or savings to loan;
  • Get transaction history about checking, savings, certificate of deposit, line of credit or loan;
  • Transfer funds between your account within the same Access ID;
  • Send and receive SMS messages (SMS Banking) to obtain balance and history information;
  • Send money to a third party through Bill Pay from your checking account if you have enrolled in that service;
  • Make remote capture deposits.

The following are limitations to the use of the Mobile Banking service:

  • Currently you may not transfer to or from an account at another financial institution.
  • Each transfer from a savings or money market account using Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period as described in the Account Disclosures. No more than six pre-authorized, automatic, online or telephone transfer may be made from your savings account or money market deposit account to another account at Citizens Bank & Trust Co. or to a third party. If you exceed or attempt to exceed these transfer limits, the excess transfer requests may be refused or reversed, a fee may be imposed on the excess transfer requests, and Citizens Bank & Trust Co. may reclassify or close your account. Please see the Statement of Fees applicable to your Account for more information.
  • You must have sufficient funds available in the selected account at the time the transfer request is received.
  • At our option, we may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice.
  • You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing the transferred funds. You may also call us at (406) 932-5311 to confirm any transfer.

HARDWARE AND SOFTWARE

You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider with a service plan that includes data, text messaging and Internet access, with an operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. Third party fees may apply for data, text messaging and Internet access.

Citizens Bank & Trust Co. and/or our service provider(s) may change these specifications and/or requirements from time to time. Citizens Bank & Trust Co. is not responsible for any third party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit. Citizens Bank & Trust Co. is not responsible for any third party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Your Mobile Device may become subject to unauthorized tracking, “hacking” or other manipulation by spyware, viruses or other malicious code (“malware”). We are not responsible for advising you of the existence or potential effect of any malware. Your use of your hardware and software is at your own risk.

ELIGIBILITY LIMITATIONS

You may not be eligible for these services if any of the following apply:

  • Your account is frozen for any reason including, but not limited to, fraud;
  • You have mishandled these services or your account;
  • You have not notified Citizens Bank & Trust Co. of a change of address and/or we have received returned mail for you;
  • Your account is a blocked trust account;
  • You have defaulted on any agreement with Citizens Bank & Trust Co. including, but not limited to, an account agreement, a loan agreement or overdraft;
  • Your account has been opened 30 days or less (restricts Remote Deposit Services only).

SERVICE AND MAINTENANCE

From time to time, Citizens Bank & Trust Co. may disable the Mobile Banking and Remote Deposit Capture Service without prior notice for scheduled maintenance and upgrades to the system.

BUSINESS DAYS

For the purposes of these disclosures, our business days are Monday through Fridays, excluding holidays.

TERMINATION

You may terminate these Agreements with us at any time. Citizens Bank & Trust Co. reserves the right to terminate these Agreements and/or your use of the Service with or without cause. We may do so immediately if;

  1. You or any authorized user of your account breaches any of these agreements with Citizens Bank & Trust Co.;
  2. We have reason to believe that there has been or might be an unauthorized use of your account; or
  3. You or any authorized user of your account request that we do so.

REMOTE DEPOSIT CAPTURE TERMS AND CONDITIONS

Mobile Remote Deposit offered by Citizens Bank & Trust Co. is designed to allow consumer customer users to make deposits of checks (“original checks”) to their accounts from home or other remote locations by scanning the original checks and delivering the digital images and associated deposit information (“images”) to Citizens Bank & Trust Co. with your Mobile Device. The use of this Service is subject to terms set forth herein under this Consumer Mobile Remote Deposit Service Agreement.

FEES

No charge for this service.

CHECK PROCESSING AND REQUIREMENTS

Any image of a check that you transmit must accurately and legibly provide all the information on the front and back of the check at the time presented to you by the drawer. The original check will be transmitted accurately and legibly and will provide the following information: (1) the information identifying the drawer and the paying bank that is pre-printed on the check, including complete and accurate MICR information and the signature(s); and (2) Payee information placed on the check by the drawer that is in the same name of the account holder(s). Checks payable to a third party will not be accepted for deposit (i.e. any item that is made payable to someone who is not on the account and then endorsed over to you). If the check is payable to several account owners, without the use of the word “and”, then any account owner may endorse the check. If the check is payable with “and”, then all persons listed (payees) must endorse the check to be accepted for deposit. The image quality of the check must meet the standards for image quality established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. Endorsements must be made on the back of the check within 1 ½ inches from top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and “For Mobile Remote Deposit”. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

YOUR RESPONSIBILITY

You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us. In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. Citizens Bank & Trust Co. and our technology partners, inclusive of, but not limited to, Fiserv Inc, retain all rights, title and interest in and to the Services, Software and Development made available to you.

MOBILE REMOTE DEPOSIT SECURITY

You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You agree to notify Citizens Bank & Trust Co. immediately by telephone at (406) 932-5311 and with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in the Citizens Bank & Trust Co.’s reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

REJECTION OF DEPOSIT

You understand Citizens Bank & Trust Co. reserves the right to reject any item for any reason, including but not limited to, rejection of a Substitute Check that was originally created by another financial institution, customer or any other person. You are responsible for any loss or overdraft plus any applicable fees due to an item being rejected.
Citizens Bank & Trust Co. may disregard any information written or printed on a check other than the signature of the drawer, the identification of the bank on which the check is drawn, the name of the payee, and the electronically encoded routing information on the check.

LIMITATIONS ON FREQUENCY AND DOLLAR AMOUNT

You understand and agree that you cannot exceed the limitations on frequency and dollar amounts of Mobile Deposits that are set forth by Citizens Bank and Trust Co. These maximum limits are subject to change at any time. The maximum deposit limits are:

  • “Per Deposit Limit”- $1,000
  • “Per Day Limit”- $2,500

For security purposes Citizens Bank & Trust Co. reserves the right to adjust limits per individual user as necessary.

If you attempt to initiate a deposit in excess of these limits, Citizens Bank & Trust Co. may reject your deposit. If Citizens Bank & Trust Co. permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement and we will not be obligated to allow such a deposit at other times.

DEPOSIT CUT-OFF TIME AND FUNDS AVAILABILITY

Deposits made via Mobile Banking are subject to review. Depending on the time of day and day of the week, Mobile Deposits may be pending review until the next business day. After review, the availability of deposits made using Mobile Banking shall be determined as set forth in the Bank’s Funds Availability Disclosure. Citizens Bank & Trust Co. reserves the right to use Case-by-Case and Exception Holds as necessary.

Deposits confirmed no later than 2:30 p.m. MST on a business day will be credited to your account within 24 hours of receipt. Deposits made after the daily cut-off time (currently 2:30 PM MST) or deposits confirmed received on holidays or days that are not business days, shall be deemed as received by us the following business day and will show in your account after posting that night unless rejected during Deposit Review. This means that a deposit that is made after the cut-off time or on non-business days shall show as pending review, be scheduled to post the next business day and will not show in your account history for two business days.

For consumer deposits, funds will be available as described by our Funds Availability Disclosure.

View Funds Availability Disclosure

ITEMS RETURNED UNPAID

Any credit to your account for checks deposited using Mobile Remote Deposit is provisional. If original checks deposited through Mobile Remote Deposit are dishonored, rejected or otherwise returned unpaid by the drawing bank or are rejected or returned by a clearing agent or collecting bank for any reason including, but not limited to, issues relating to the quality of the image or a duplication, you understand and agree that since you either still have the original item or you have already destroyed the item, only an image of the item can be returned to you in the form of a paper reproduction of the original check or a substitute check. An original check will not be returned to you, but we may charge back the amount of the original check, a paper reproduction of the original check or a substitute check.

Unless otherwise instructed by Citizens Bank & Trust Co., you will not redeposit the original check or image of the check if it has been charged back to you and you understand that your account will be charged the amount of the returned item along with a returned item fee.

You also agree to reimburse Citizens Bank & Trust Co. for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Citizens Bank & Trust Co. may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.

EMAIL ADDRESS

You agree to notify Citizens Bank & Trust Co. immediately if your email address changes as this is the email address where you will receive notification of the acceptance of mobile deposit item(s).

CUSTOMER’S WARRANTIES

You agree to use Mobile Banking for lawful purposes and in compliance with laws, statutes, regulations and ordinances pertaining to Mobile Banking and all laws relating to the banking transactions contemplated hereunder. You make the following warranties and representations with respect to each image of an original check that you transmit to Citizens Bank & Trust Co. utilizing the Mobile Capture program within Mobile Banking:

  1. You have the legal right to accept the check for deposit and negotiation;
  2. The images and information that you transmit is true, correct and accurate to the best of your knowledge and accurately represents all of the information on the front and back of the original check including (without limitation) all endorsements at the time of transmission;
  3. The original item has not been altered in any way;
  4. The item is of the type that is permitted to be deposited using Mobile Capture as set forth in this Agreement (See Unacceptable Deposits);
  5. The image is not a duplicate of any image or item previously deposited by any method;
  6. The original item will not be deposited in any account or transferred to any other party by any means;
  7. Citizens Bank & Trust Co. will not incur any loss or liability due to your transmission of an image using Mobile Capture rather than depositing the original check at a branch;
  8. The original item will be destroyed in accordance with the terms of this Agreement;
  9. You have complied with the terms of this Agreement and any applicable laws, regulations, additional rules, procedures or guidelines Citizens Bank & Trust Co. has supplied to you;
  10. You have not transmitted any virus, worm or data of any kind that will harm Citizens Bank & Trust Co.’s information or communication systems;
  11. You have not taken any action that would obscure, alter or impair the capture or transmission of information on the front or back of the check or that otherwise may prevent us or another institution from capturing or processing such information;
  12. You make all warranties that would otherwise apply to the check if it had been a paper item deposited with us in person;
  13. You make all encoding, transfer, presentment and other warranties that we (or any correspondent bank we use) are deemed to provide to others;
  14. You will ensure that no financial institution (depository, collecting, or payor), drawee, drawer or endorser with respect to a check processed by you, will receive presentment or return of, or otherwise be charged for, the check (including the Original Check or Substitute Check), a corresponding Electronic Item, and/or other paper or electronic representation of the check such that such person will be asked to make payment based on an item that it already has paid.

STORAGE AND DESTRUCTION OF ORIGINAL CHECK

Once your check image has been accepted and credited to your account, you must securely store each original check you deposit using Mobile Capture for a period of thirty (30) days after transmission to Citizens Bank & Trust Co. and make the original check accessible to us at our request. Upon our request, you will deliver to us within 10 business days, at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be reversed from your account. During those 30 days, you will take appropriate security measures to ensure that: (i) the information contained on the check(s) is not disclosed, (ii) the checks will not be duplicated or scanned more than one time, and (iii) checks will not be deposited or negotiated in any other way or form. Promptly after such periods expire, the original check must be destroyed by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. Proper destruction of the check will ensure that the check is not mistakenly re-deposited and account information remains secure. You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid. You understand that you are responsible for any loss caused due to your failure to secure the original check(s).

STORING IMAGES ON MOBILE DEVICES

After you have completed your deposit, the images of the checks are not stored on your mobile device by the system. You agree that you will not use any other means to electronically store check images that you capture using your mobile device. You agree to promptly complete each deposit. In the event that you are unable to promptly complete your deposit, you agree to ensure that your mobile device remains securely in your possession until the deposit has been completed, or to delete the associated images from the application.

UNACCEPTABLE DEPOSITS

You understand and agree that you are not permitted to deposit the following items using Mobile Capture:

  • Checks drawn on your account at Citizens Bank & Trust Co. or your account at another financial institution without prior permission;
  • Items that are marked “non-negotiable” such as deposit advices or Promissory Notes;
  • Any item that contains evidence of alteration to any of the information on the item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
  • Items issued by a financial institution in a foreign country;
  • Items that are not payable in US Dollars;
  • Incomplete items;
  • “Stale dated” (more than six months old) items or “postdated” (dated in the future) items;
  • Savings Bonds;
  • Items payable to any person or entity other than you (i.e., third party checks);
  • Any item that has been previously deposited at another institution via the physical item, image, or electronic funds transfer;
  • Substitute checks (a digital reproduction of the front and back of an original check) unless instructed to do so by Citizens Bank & Trust Co.;
  • Remotely created checks (such as a check created by a merchant with a buyer's checking account number on it, but without the buyer's original signature) shall not be deposited without prior approval from Citizens Bank & Trust Co.

MOBILE REMOTE DEPOSIT UNAVAILABILITY

Mobile Remote Deposit may be unavailable temporarily due to system maintenance or technical difficulties including those of the internet service provider, cellular service provider and Internet software. In the event that Mobile Remote Deposit is unavailable, you may deposit original checks at our Main Branch or Continental Branch or by mailing them to Citizens Bank & Trust Co., PO Box 847, Big Timber, MT 59011 or to Citizens Bank & Trust Co. Continental Branch, PO Box 247, Harlowton, MT 59036.

ELECTRONIC FUND TRANSFERS PROVISIONS

ELECTRONIC FUND TRANSFERS
YOUR RIGHTS AND RESPONSIBILITIES

Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.

Electronic Fund Transfers Initiated By Third Parties - You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and financial institution information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your financial institution and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:

  • Pre-authorized credits - You may make arrangements for certain direct deposits to be accepted into your checking or savings.
  • Pre-authorized payments - You may make arrangements to pay certain recurring bills from your checking or savings.
  • Electronic check conversion - You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
  • Electronic returned check charge - You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.

ATM card transactions - types of transactions - You may access your account(s) by ATM using your ATM card and your personal identification number (PIN) to:

  • transfer funds from savings or checking to checking or savings
  • get balance information about checking or savings
  • get withdrawal history about checking or savings
  • withdraw cash from checking or savings
  • get transaction history about checking or savings

Some of these services may not be available at all terminals.

VISA Check Card ATM transactions - types of transactions - You may access your account(s) by ATM at ATMs carrying the Cirrus or Accel/Exchange Network logo using your VISA Check Card and your personal identification number (PIN) (as applicable) to:

  • withdraw cash from checking or savings
  • transfer funds from checking or savings to checking or savings
  • get balance information about checking or savings
  • get withdrawal history about checking or savings
  • get transaction history about checking or savings

Some of these services may not be available at all terminals.

VISA Check Card point-of-sale transactions - types of transactions - You may access your checking account(s) using your VISA Check Card to do transactions that participating merchants will accept, including:

  • purchase goods in person, by phone, or online
  • pay for services in person, by phone, or online
  • get cash from a participating merchant or financial institution

Currency Conversion and International Transactions - When you use your VISA(R) debit card at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is either a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date.

Visa USA charges us a .8% International Service Assessment on all international transactions, regardless of whether there is a currency conversion. If there is a currency conversion, the International Service Assessment is 1% of the transaction. The fee we charge you for international transactions/currency conversions is disclosed separately. An international transaction is a transaction where the country of the merchant is outside the USA.

Advisory Against Illegal Use - You agree not to use your VISA Check Card for illegal gambling or other illegal purposes. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in the jurisdiction in which you may be located.

Citizens Bank and Trust Internet Banking - types of transfers - You may access your accounts at www.ctznsbank.com and using your Access ID and Password to:

  • transfer funds from checking, savings or loans to checking, savings or loans
  • make payments from checking or savings to loans
  • get balance information about checking, savings, certificate of deposit, line of credit or loans
  • get transaction history about checking, savings, certificate of deposit, line of credit or loans
  • send money to a third party through Bill Pay from your checking account if you have enrolled in that service

Citizens Bank & Trust Bill Pay - types of transfers -
You may access this service by computer at www.ctznsbank.com and using your user name and password.
You may access this service to:

  • make payments from your checking account(s) to a person or entity by providing name and account information.
    (Some payments made by paper check will not be subject to this Electronic Fund Transfers disclosure, as disclosed separately. Payment to persons or entities outside of the United States or its territories are prohibited.)

Mobile Banking - types of transfers - You may access your accounts remotely with your Cell phone or other mobile access device and using your User identification name, Password and Text messaging commands (available separately). You may use this service to:

  • transfer funds from Checking or Savings to Checking or Savings
  • make payments from Checking or Savings to Loans
  • make payments from Checking to Third Party through Bill Pay if you have enrolled in that service
    (Some payments made by paper check will not be subject to these Electronic Fund Transfers Rules, as disclosed separately. Remote Deposits are limited to $1,000 per deposit with a per day limit of $2,500. Deposits made via Mobile Banking are subject to review. Depending on the time of day and day of the week, mobile deposit may be pending review until the next business day. After review, the availability of deposits made using Mobile Banking shall be determined as set forth in the Bank's Funds Availability Disclosure. Deposits confirmed no later than 2:30 MST on a business day will be credited to your account within 24 hours of receipt. Deposits made after the daily cut-off time or deposits received on holidays or days that are not business days shall be deemed as received by us the following business day. The deposit will show in your account after posting that night unless rejected during deposit review.)
  • get balance information about checking, savings, line of credit or certificate of deposit
  • get transaction history about checking, savings, line of credit or certificate of deposit
  • send money to a third party through Bill Pay from your checking account if you have enrolled in that service
  • make remote capture deposits from your mobile device

Your mobile service provider's standard service fees, such as text message fees or similar charges, will apply to all transactions. Check with your service provider for information about these fees.

Limits and fees - Please refer to our fee disclosure for information about fees and limitations that may apply to these electronic fund transfers.

ATM Operator/Network Fees - When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

Limitations on frequency of transfers - In addition to those limitations on transfers elsewhere described, if any, the following limitations apply to your savings, market rate savings and Citizens Plus savings account(s):
During any calendar month or statement cycle of at least four weeks, you may not make more than six withdrawals or transfers to another account of yours or to a third party by means of a pre-authorized or automatic transfer or telephone order or instruction or by check, draft, debit card or similar order. If you exceed the transfer limitations set forth above in any statement period, your account will be subject to closure by the financial institution.

Documentation

Terminal transfers - You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.

Pre-authorized credits - If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money. You may also call us at (406) 932-5311 to find out whether or not the deposit has been made. You can also log into Online Banking or Mobile Banking to confirm that we have received your deposit.

Periodic statements - You will get a monthly account statement from us for your checking account(s).
You will get a monthly account statement from us for your savings account(s), unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.

Pre-authorized Payments

Right to stop payment and procedure for doing so - If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request three 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 14 days after you call.

Notice of varying amounts - If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for failure to stop payment of pre-authorized transfer - If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Financial Institution's Liability

Liability for failure to make transfers - 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:

  1. If, through no fault of ours, you do not have enough money in your account to make the transfer;
  2. If you have an overdraft line and the transfer would go over the credit limit;
  3. If the automated teller machine where you are making the transfer does not have enough cash;
  4. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer;
  5. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
  6. The money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or agreement restricting a transaction;
  7. Your Logon ID/Password has been entered incorrectly;
  8. The payee mishandles or delays a payment sent by our bill payment service provider;
  9. You have not provided our bill payment service provider with the correct names, phone numbers, or account information for those persons or entities to whom you wish to direct payment;
  10. The failure to complete the transaction is done to protect the integrity of the system or to protect the security of your account; or
  11. There may be other exceptions stated in our agreement with you.

Confidentiality

We will disclose information to third parties about your account or the transfers you make:

  1. where it is necessary for completing transfers; or
  2. in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  3. in order to comply with government agency or court orders; or
  4. if you give us your permission; or
  5. as described in our privacy policy disclosure.

Not withstanding the above, we will not disclose such information where prohibited from doing so by applicable Law. See the Citizens Bank & Trust Co.’s Privacy Policy for additional information.

View Privacy Policy

Unauthorized Transfers

(a) Consumer liability. (1) Generally. Tell us AT ONCE if you believe your card, code, User ID, password or device has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.

If you do NOT tell us within two business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code 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 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 a hospital stay) kept you from telling us, we will extend the time period.

(2) Additional Limit on Liability for VISA(R) card. Unless you have been negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen VISA debit card. This additional limit on liability does not apply to ATM transactions outside of the U.S., to ATM transactions not sent over VISA or PLUS networks, or to transactions using your Personal Identification Number which are not processed by VISA. (VISA is a registered trademark of Visa International Service Association.)
(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at call us at (406) 932-5311 or write us at P.O. Box 847, Big Timber, MT 59011.
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

Error Resolution Notice

In Case of Errors or Questions About Your 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 or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number (if any).
  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 tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved 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 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened.

We will tell you the results within three 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.
If you have inquiries regarding your account, please contact us at:

Citizens Bank and Trust
PO Box 847
130 McLeod
Big Timber, MT 59011
Business Days: Monday, Tuesday, Wednesday, Thursday and Friday
Holidays are not included.
Phone: (406) 932-5311 or (406) 632-4373

Online Access Agreement

Banking and Service Agreement and Disclosure Statement

(please read before clicking on agreement link below)

Thank you for your interest in the Citizens Bank & Trust Co. Internet Banking service (the “Service”). This Agreement and Disclosure Statement (the “Agreement”) provides information about the Citizens Bank online banking service and contains the disclosures required by the Electronic Funds Transfer Act. Please review the following disclosure information. Once you have completely reviewed the information, click “I Understand and Accept” to indicate your agreement and to begin the process of online banking.

For purposes of this Agreement, each reference in the Agreement to Citizens Bank, “we,” “us,” or “our” refers to Citizens Bank, and each reference to “you,” and “your” refers to each depositor, borrower, authorized signer, or authorized user for a deposit account, who is now or hereafter enrolled in any one or more of Citizens Bank online banking services with respect to a deposit account.

A. Acceptance of Citizens Bank Terms and Conditions

I may become eligible for the Service by submitting the Citizens Bank Enrollment Application (the “Enrollment Application”). By submitting the Enrollment Application and clicking “I Understand and Accept” as described above, or by initially accessing the Service, you are agreeing to the terms and conditions of this Agreement.

You agree to use the Service solely for the services described in the Agreement and designated by you in the Enrollment Application, and solely in connection with each deposit account (collectively, the “Accounts”), except as otherwise expressly provided in this Agreement or as otherwise expressly permitted by us from time to time. Under this Agreement, there may be multiple accounts. You may add additional Accounts for which you, or all of you if more than one, are depositor, borrower, authorized signer, or authorized user by notifying Citizens Bank in writing or by visiting any Citizens Bank office. If you close or delete the only checking account designated for Citizens Bank online banking, you will no longer be able to use the Service.

Throughout the Citizens Bank website, Citizens Bank will provide you with guidance and online instructions and messages. You agree to read and abide by such instructions and messages. Each time you use the Service, you agree to the terms of this Agreement and any additional terms and conditions that may appear on your computer when you sign on to the Citizens Bank website or during your use of the Service. This Agreement will be effective as of the date we issue you a Logon ID and Password (the “Logon ID” and “Password”). Please read this Agreement carefully and print it by selecting the Printer icon on the Toolbar or selecting File, Print.

B. Definitions

The following definitions apply in this Agreement.
"Online Banking" is Citizens Bank Internet-based service providing access to your Online Account(s).

"Logon ID" is a series of letters selected by the bank as a code used in conjunction with the password to establish your connection to the Online Banking service.

"Password" is the series of 6 to 15 numbers and letters that you select as a code used in conjunction with the Logon ID to establish your connection to the Online Banking service. Your password can be alpha, numerical, or a combination of alpha and numerical.

"Online Account" means any Citizens Bank account from which you will be obtaining information or conducting transactions using the Online Banking service.

"Service" shall mean, individually or collectively, Citizens Bank Online Banking service and any other service offered under this agreement.

"Time of day" references are to Mountain or Mountain Daylight Time, as applicable.

"The Borrower," "we," "us," "the bank" or Citizens Bank refer to Citizens Bank & Trust Co. which provides the Service offered under this Agreement. Citizens Bank provides deposit account and loan services (including mortgages and home equity loans).

"Business Days" are Monday through Friday, except weekdays that Citizens Bank is not open for business.

"Firewall" is a router or an access server or several routers or several access servers designated as a buffer between any connected public network and a private network.

C. BROWSER SECURITY

Citizens Bank Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. It is important to verify that a secure connection between your bank and the Internet Banking server has been established before transmitting any confidential account information over the Internet. An indicator in the lower right corner of the screen can verify this. When using Netscape, the lock symbol appears "solid," when transmitted data is being encrypted. When this lock symbol appears "broken," a secure session has not been established. Similarly, Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure.

D. HOST SECURITY.

Citizens Bank web server does not connect directly to the Internet. It is buffered from the Internet through the use of a firewall. All access from outside the bank must go through this firewall, which screens the requests and allows only valid https traffic to reach the server. Citizens Bank Internet Banking makes use of an ICSA-certified firewall.

E. Hours Of Operation

Business days for Citizens Bank are Monday through Friday, excluding holidays. You may access the Service 24 hours a day, seven days a week, except that Citizens Bank cannot guarantee that the Service will always be available during these times. Citizens Bank cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice. In addition, access to the Service is made available pursuant to a license agreement by and between Citizens Bank and Information Technology Inc. Any interruption of service or access caused by the Service Provider will also prevent your use of the Service or performance of the Service.

F. Secure Access to Site

Citizens Bank believes the safety and security of its customers’ accounts and account information is important. To ensure protection of your Accounts, you must access the Service via a personal computer with your Logon ID and Password. We will assign you a Logon ID and Password after we have accepted your Enrollment Application. When you first access the Service, you will be required to select a new Password. Your Logon ID must be at least 6 characters and your Password must be 6 to 15 characters consisting of alpha numerical or any combination of alpha numerical. You may change your Password from time to time, as provided in the software. We recommend that you not use your social security number, birthday, name, or other code that may be easy for others to determine as your Password. No Citizens Bank employee will ever ask you for your Password, nor should you provide it to anyone. YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH THE SERVICE. You agree that any Citizens Bank online banking request initiated by use of the Password will be subject to and governed by this Agreement. Thus, we urge you to maintain the safety and security of your Logon ID and Password.

If you authorize another person to use your Logon ID and Password, that person can use the Service to perform any of the functions that you may perform. For example, that person may view any information or initiate any transaction on any of your Accounts to which that person does not otherwise have access. We encourage you not to share your Logon ID and Password with other parties. You agree to assume responsibility for all transactions initiated through the Service with your Logon ID and Password, up to the limits allowed by applicable law. In addition, if you allow another person or business to store your Logon ID and Password on their computer, the stored information may be at risk of unauthorized access from third parties. Citizens Bank has not authorized any outside company to request or use your Logon ID and Password for any purpose, on the Internet or otherwise.

Once you are finished with your online banking activity, you should properly exit the Service by clicking on Log Off. You also agree to never leave your computer unattended while accessing the Service. If you should, a third party may be able to access your Accounts from your terminal without ever needing to use your Logon ID and Password.

G. If Your Password Has Been Lost or Stolen.

If a third party should gain access to your Logon ID and Password, you alone are responsible for changing the Password to deny the third party’s access to your banking information. We also require that you keep a record of what information you shared, and as always, that you carefully monitor and review the activity in your Account.

If you believe your Password has been lost or stolen, immediately call the main branch of Citizens Bank at (406) 932-5311, or the Continental Branch of Citizens Bank at (406) 632-4373 between the hours of 8:00 AM and 5:30 PM, Monday through Friday. Contacting Citizens Bank via telephone is the best way of minimizing your losses. You may also restore the security of your Service by changing your Password. If you believe your Password has been lost or stolen and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password to conduct unauthorized electronic funds transfers. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers had you told us prior to the end of the 2-day period, you could lose as much as $500. 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 lost after the 60 day period if we could have stopped someone from taking the money had you told us prior to the end of the 60 day period.

H. Online Banking Services

As indicated by the Enrollment Application, you may use a variety of services offered by Citizens Bank via the Service. You may sign up for or cancel any service by contacting Citizens Bank via email or telephone. As used in this Agreement, the term “electronic fund transfer” has the meaning provided for that term in Regulation E and includes, without limitation, a bank transfer or a loan payment (other than a loan payment made by check or other paper item), as these items are defined below.

1. Online Services

You may use Citizens Bank Internet Banking to perform any of the following services designated by you in the Application or subsequently added by you as provided below:

  1. To transfer funds between any Deposit Accounts, such as checking, savings, and money market;
  2. To transfer funds from any Deposit Account to a loan with Citizens Bank;
  3. To receive and download balance and transaction information on Citizens Bank accounts;
  4. To change your password;
  5. To receive e-mail from and transmit to the Bank, all as described in this Agreement and the Software.
  6. To sign up to receive electronic bank statements
  7. To sign up for online Bill pay services

You may sign up for or cancel any service by contacting Citizens Bank. As used in this Agreement, the term "electronic fund transfer" has the meaning provided for that term in Regulation E and includes, without limitation, a bank transfer or a loan payment (other than a loan payment made by check or other paper item), as these items are defined in Account Transfers.

2. Account Transfers

i. Accounts. You may use the Service to initiate electronic funds transfers from a checking, savings or money market deposit account to any other deposit account at Citizens Bank. These types of transactions are referred to in this Agreement as “bank transfers.” ii. Authorization. You expressly authorize Citizens Bank to debit the appropriate Account in the amount of any bank transfer initiated through the Service by you or by any other person whom you authorize to use your Logon ID and Password. You agree that we may treat any such bank transfer from an Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to an Account the same as a deposit, all in accordance with the terms of this Agreement and your deposit agreement(s) with us. iii. Limitations. Bank transfers between Accounts may be limited by federal law or by the terms of your deposit agreement with us. Bank transfers from Accounts that are savings or money market deposit accounts are limited as required by federal regulation. For statement savings accounts, you may not make more than 6 transfers per statement period by pre-authorized or automatic transfer or by telephone or on-line banking.

For money market accounts, you may not make more than 6 transfers per statement period by pre-authorized or automatic transfer or by telephone or online banking, check, draft or debit card. You agree that we may, without notice or other obligation to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us. iv. Posting and Availability of Funds. If you authorize a bank transfer of available funds on or before 7:00 PM Mountain Standard Time on a business day, the bank transfer will be posted the same business day. If you authorize a bank transfer after 7:00 PM Mountain Standard Time on a business day, the bank transfer will be posted the next business day. Transferred funds will be available for withdrawal on the business day the bank transfer is posted. Please note that intervening holidays may alter the day of posting. Except as otherwise expressly provided in this Section, transferred funds will be available for transfer and withdrawal as provided in our Schedule of Funds Availability listed below and described in this section.

If a bank transfer is initiated before 7 PM Mountain TimeFunds will be posted on:Funds will be available on:

Monday

Monday

Tuesday

Tuesday

Tuesday

Wednesday

Wednesday

Wednesday

Thursday

Thursday

Thursday

Friday

Friday

Friday

Monday

Saturday

Monday

Tuesday

Sunday

Monday

Tuesday

4. Access to Account Information

You may use the Service to receive, download, and store or print information regarding an Account that is routinely set forth in the statement for the Account, debits and credits made to the Account, amounts and item numbers for items drawn on the Account (if applicable), and the daily Account balance (including interest credited to an Account and finance charges accrued on a Loan). All account information provided via the Service will be current as of the date and time that you Login. Because the information is made available to you as “raw data” furnished through the Service Provider and is subject to change, we cannot assure you of the accuracy or completeness of the Account information and expressly disclaim the same. Citizens Bank will continue to send the usual periodic statement of account to you. Please note that adjustments may have been made to your Account in connection with the preparation of your statement.

5. Electronic Mail Service

Citizens Bank has provided you with access to the Citizens Bank e-mail service. You may use the Service to send e-mails to us and to receive e-mails from us. The Citizens Bank customer support e-mail address is: info@ctznsbank.com The Citizens Bank e-mail service may not be used to make bank transfers between Accounts or to make loan payments from an Account. E-mail transmitted by you to us often will not be delivered to us immediately. If you need to contact us immediately to stop payment, to report the unauthorized use of your Logon ID and Password, to report unauthorized access to an Account, or if you believe your Password has been lost or stolen, immediately call the main branch of Citizens Bank at (406) 932-5311, or the Continental Branch of Citizens Bank at (406) 632-4373 between the hours of 8:00 AM and 5:30 PM, Monday through Friday.

We will not be responsible for acting on or responding to any e-mail request until we actually receive your e-mail message and have a reasonable opportunity to act. We will attempt to notify you of any technical difficulties or other occurrence that may affect your use of the e-mail service by posting such notice on the Citizens Bank website.

6. Additional Service

Citizens Bank may introduce new services or change the scope of our services from time to time. Citizens Bank will notify you of the existence of the new services. By using these services when they become available, you agree to be bound by the terms, rules and other instructions that will be made available to you concerning those new services.

I. Fees

Access to the Service is currently furnished at no charge to the customer. Currently, Citizens Bank does not charge a set-up fee for the Service. Citizens Bank does not charge for viewing your Accounts, or completing transfers to and from your individual Accounts. You will be solely responsible for all tariff, duties, or taxes imposed by government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tools tariffs, and other costs for online sessions initiated by you. There may be other costs and charges associated with your accounts. Please refer to your Deposit Account Disclosure for details.

J. Stop Payment Rights

To stop payment on a payment to a third party company you must contact us directly within 24 hours of entering the payment. There will be a $28.00 stop payment charge per payment. Call Citizens Bank support at the main branch of Citizens Bank at (406) 932-5311, or the Continental Branch of Citizens Bank at (406) 632-4373 between the hours of 8:00 AM and 5:30 PM, Monday through Friday to cancel your payment.

K. Errors and Adjustments

In case of errors or questions regarding transactions through the Service, call the main branch of Citizens Bank at (406) 932-5311, or the Continental Branch of Citizens Bank at (406) 632-4373 between the hours of 8:00 AM and 5:30 PM, Monday through Friday, or write us at Citizens Bank, as soon as you can if you think your statement is wrong or if you need more information about a transfer listed on the account statement. We must hear from you no later than 60 days after we sent the first account statement on which the problem or error appeared. Please provide us with (i) your name and account number (if any), (ii) a description of the error or the transfer you are unsure about and an explanation of why you believe it is an error or why you need more information, and (iii) the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we conduct this investigation, we will credit your account within 10 business days 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 10 business days, we may not credit your account.

We will tell you the results within 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. If a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the Account was made, the applicable time periods for the action shall be 20 business days in place of 10 business days.

L. Settlement of Obligation

To the fullest extent permitted by applicable law, you authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a) initiating debit or credit transfers to any of your Accounts or (b) deducting the payment from the amount of any bank transfer or loan payment. Such obligations include, without limitation; fees owed to us and settlement for bank transfers or loan payments initiated through the Service. If an Account is closed (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and you authorize us to withhold the amount of any such obligations from any Account. Debiting an account or deducting payment from the amount of any bank transfer or loan payment is not Citizens Bank exclusive remedy under this or any other Section of this Agreement, and Citizens Bank will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions.

M. Duty of care and Limitation of Liability for Transfers

Citizens Bank is responsible only for exercising ordinary care in effecting transfers upon your authorization. In no event shall we be liable for damages in the following instances:

  1. If, through no fault of ours, you do not have enough money in your Account (or any linked account) to make the electronic fund transfer.
  2. If the electronic fund transfer would go over the credit limit on your overdraft line.
  3. If you have not completely and properly complied with the terms of this Agreement or instructions provided by the software regarding how to make an electronic fund transfer.
  4. If any data or instruction transmitted via the Service is inaccurate or incomplete.
  5. If you do not initiate an electronic fund transfer according to the time limits set forth in this Agreement or if the payment amount requested is less than the full amount due.
  6. If the electronic fund transfer has been transferred from the Account to a third party, including, without limitation, any third party through which payment is made and any payee or its financial institution.
  7. If the hardware, the software, the Service Provider, or any part of the Service, including the loan payment service, was not working properly and you knew about the breakdown when you started your electronic fund transfer.
  8. If circumstances beyond our control such as an act of God, failure, delay, or error on the part of any Service Provider (including, without limitation, the online Service Provider, the United States Postal Service or any other delivery service), power outage, difficulty with telephone or cable lines or satellite communications, or any technical difficulty that might prevent or delay the electronic fund transfer.
  9. If your funds are frozen or are subject to legal proceedings.
  10. If the funds in the Account are unavailable (funds are only conditionally credited until they become available for withdrawal).
  11. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized, or if you default under this Agreement, the Account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
  12. If you, any joint holder, or any authorized cosigner on an Account has requested that we stop payment of the electronic fund transfer.
  13. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period of the type of Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts).
  14. If the Account has been closed.
  15. If we do not receive the necessary transfer information from you or any third party, or if such information is incomplete or erroneous when received by us.

Our liability for electronic fund transfers made to or from Accounts is also governed by our Electronic Fund Transfers (“EFT”) Disclosure. If any provision herein is inconsistent with any provision of our EFT Disclosure or any provision of applicable law that cannot be varied or waived by agreement, the provisions of our EFT disclosure or applicable law shall control. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of delay or failure in the performance of any Citizens Bank online banking service in accordance with the terms of this Agreement, including but not limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic funds transfer that cannot be varied or waived by agreement. In no event will Citizens Bank be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the Service (even if Citizens Bank has been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not a Citizens Bank agent. Citizens Bank sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE BY Citizens Bank WITH RESPECT TO ANY Citizens Bank ONLINE BANKING SERVICE OR THE SOFTWARE, AND Citizens Bank HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the software and set forth on the software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, Citizens Bank shall not be liable at any time to you or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of Citizens Bank's responsibilities under this Agreement which is caused or occasioned by any act or thing beyond Citizens Bank reasonable control, including, without limitation, legal restraint, interruption of transmission facilities, the failure of mechanical or electronic equipment communications lines, telephone or other interconnect problems, operator errors, log-in sequences, severe weather, earthquakes, floods or other such events, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or loan payment. In addition, Citizens Bank shall be excused from any failure or delay in executing a bank transfer or loan payment, if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that Citizens Bank shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, the Service Provider, any internet access service provider, any Federal Reserve Bank or transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed Citizens Bank agent.

There may be other exceptions stated in this Agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer or bill payment, and we will not be liable for any indirect, incidental, exemplary or consequential damages.

N. Rejection of Payment Orders; Overdrafts.

You acknowledge that Citizens Bank or the Service Provider may from time to time, in its sole discretion, reject any bank transfer or loan payment request (any “Payment Order”) or return any bank transfer or loan payment. If a Payment Order is rejected or a bank transfer or loan payment is returned, either Citizens Bank or the Service Provider will notify you and you will have the sole obligation to retry the payment order in accordance with the terms of this Agreement and the software. Citizens Bank or the Service Provider may from time to time, in its sole discretion and without any obligation to do so, execute any payment order or make any bank transfer or loan payment even though an overdraft to the account results. To the fullest extent permitted by applicable law, you agree that neither Citizens Bank nor the Service Provider will have any liability whatsoever for refusing to accept any Payment Order. Any overdraft existing at the close of a business day is immediately due and payable without notice or demand.

O. Other Agreements; Server Ability; Governing Law

The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or account agreements for your Account(s), the applicable account disclosures, [the Service Schedule, the Schedule of Funds Availability, Citizens Bank Electronic Transfer Agreement and Disclosure Statement, the agreements governing the Credit Accounts, and the Application, all as may be amended from time to time.] In the event of any conflict in such other related agreements and disclosure regarding Citizens Bank obligations to you, the terms of this Agreement will control. If any provision of this Agreement should be held to be invalid, illegal or unenforceable, the parties agree that the remaining provisions of this Agreement should be constructed as if such invalid, illegal or unenforceable provision had never been contained herein. No consumer protection provision of the Federal Electronic Fund Transfer Act of Federal Reserve Board Regulation E is intended to be waived by you under this Agreement unless the waiver is permitted by law. The parties agree to be bound by the operating rules and guidelines of the National Automated Clearing House Association and the applicable local automated clearing house association as in affect from time to time with respect to all automated clearing house transfers made hereunder. This Agreement and the Service will be governed by the substantive laws of the state of Montana, without regard to its rules regarding conflict of laws, and applicable federal law, without regard to any different state laws that may govern your Accounts. You agree that if there is any inconsistency between the terms of this Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement.

P. Amendments

We may amend this Agreement from time to time. We will effect each amendment by mailing or otherwise delivering such amendment, revised agreement and notice thereof to you in accordance with applicable federal and state laws. If no federal or state law specifically governs the amendment, the amendment shall be effected by mailing or otherwise delivering it to you or posting it in our full-service branch offices at least 10 calendar days prior to the effective date of the amendment. Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of this Agreement without prior notice or obligation to you: (a) if the software or Service Provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) if we change our Service Provider, (c) for security reasons; (d) to comply with applicable law; or (e) as otherwise expressly provided in this Agreement. Your continued use of the Service after the effective date of such revisions will constitute your acceptance of the revisions and the revised Agreement.

Q. Termination

You agree that we may cancel or restrict your use of the Service at any time without notice to you if: (a) your account is past due; (b) you are not complying with the terms of any agreements between you and Citizens Bank; (c) any of your accounts are not in good standing; or (d) we have reason to believe that the Service has been subject to unauthorized or improper use. We will notify you as is reasonable under the circumstances should we terminate or cancel your access to the Service for any other reason. You may cancel the Service by written request to Citizens Bank at any time. You should include your name, address, whether you are discontinuing online banking, and the effective date to stop the Service on your written request for termination.

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