Community Bank Online Banking, Mobile and Email Alerts Service

Terms & Conditions

Effective May 24, 2018

I.        General Description of Agreement

A.      What This Agreement Covers

Community Bank is a   Department of Defense owned banking program operated through a contract with a commercial financial institution. Currently, the contractor is Bank of America, N.A. The Defense Finance and Accounting Service, in coordination with the Military Service banking representatives, is responsible for the oversight and management of Community Bank. Community Bank is referred to as "we", "us", “Community Bank” or "the Bank" within this Agreement.  This Agreement between you and Community Bank governs the use of Community Bank Online Banking, Mobile, and Email Alerts Service.  These services permit Community Bank account customers to perform a number of banking functions on accounts linked to the services through the use of a personal computer and the Internet.  Before you begin to use Community Bank Online, you should familiarize yourself with the services by reading this Agreement and other online information.

You should read this Agreement carefully, print them and keep them in a safe place as you may want to refer to them in the future.

B.       Accepting the Agreement; Transfer of Personal Data

When you use any of the Community Bank Online services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of this Agreement.  We may amend these terms, and modify or cancel any or all Services, or any of its features without notice.  You also agree that the Bank, its agents or associates may process any personal data held in connection with the Community Bank Online service and may transfer such personal data outside your host country and, if applicable, the European Economic Area as is reasonably necessary to provide such service.

Notify us immediately of any changes to your registered device.  In case of unauthorized access to your device you agree to cancel enrollment associated with the device immediately.

You agree to indemnify, defend, and hold us harmless for any third party claims, liability, damages or costs arising from your use of the Alerts Service

You agree that we will not be liable for failed, delayed, or misdirected delivery of, any information sent through the Alerts Service; any errors in such information; any action you may or may not take in reliance on the information or Alerts Service; or any disclosure of account information to third parties resulting from your use of the Alerts Service.  We will not be liable to you for special, indirect or consequential damages.  In addition, this document contains the Conditions applicable to the Alerts Service which are in addition to our Online Banking Service Conditions.

C.       Relation to Other Agreements

Your use of Community Bank Online services may also be affected by the agreements between us for your deposit and other linked accounts.  When you link accounts to Community Bank Online services, this does not change the agreements you already have with us on those accounts.  For example, when you use Community Bank Online services to access a checking account, you do so under the terms and conditions contained in the agreement and disclosure for the checking account.  You should review those agreements for any applicable fees, for any limitations on the number of withdrawals/transfers you can make, and for any other restrictions, which might impact your use of Community Bank Online services with an account.

II.      Community Bank Online Services

These services include Community Bank Online and Bill Pay Service.

A.      Community Bank Online

To use Community Bank Online, you need:

B.       You may use Community Bank Online to:

C.       Bill Payment Service

For Bill Payment service, you must designate one personal Community Bank checking account as your Community Bank Online bill pay account.  When you sign up for Community Bank Online with Bill Pay service, you can:

D.      Alerts Service

§         To use the Alerts Service you must hold at least one account and have registered to use the Community Bank Online Banking service.

§         If you register for Alerts Service, we will send information about your accounts to your email address.

§         We will only send you each email once.  If you delete an email we cannot send it again.

§         Our Alerts Service helps you to manage your accounts where we send you information by email messages. 

E.       The Alerts Service allows you to obtain information relating to the balance and transactions on your account via the different alerts available, such as:

§         Balance Summary – Email messages containing checking and savings account balance information.

§         Low Balance – Customer selects a minimum checking or savings account balance, below which an email alert, will be sent.

§         Insufficient Funds – Email alert sent to customer when item is presented for payment on an account with insufficient funds.

§         Direct Deposit – Alert sent to customer when an ACH credit/direct deposit is posted to the customer’s account.

§         Large Posted Item – Generates an email alert when a debit exceeding the customer’s set threshold posts to their account.

§         Address/Phone/Email Changes – Sends the customer an alert when information on their checking or savings account is changed.

§         Online Banking ID Change – Automatically provides the customer an alert when their online banking logon ID was changed.

§         Online Banking Lockout – Provides the customer with an alert for failed login attempts; resulting in lock out of online banking access, after 3 unsuccessful login attempts.

§         Online Banking Password Change – Generates an alert when customer online banking password is reset or changed.

§         Online Banking Failed Login – Alert sent immediately when multiple failed password or challenge question attempts have occurred.

§         New External Transfer – Alert message created when online banking user sets up an external transfer to a new payee.

§         Executed External Transfer – Alert message sent when an external transfer is successfully executed..

§         New Euro Payee – Alert automatically notifies customer when a Euro payee is added to an online banking profile.

§         Executed Euro Payment – Alert message sent when a Euro payment is successfully executed.

III.    Description of Services

A.      Making Payments and Transfers

You can make transfers between your Community Bank accounts, make transfers from your Community Bank U.S. Dollar accounts to U.S. based external accounts capable of processing and accepting ACH transactions, and you can set up payments to third parties companies or individuals you select that have a United States address for receipt of funds; on either a one-time or recurring basis.

One-time transfers and payments are used for transactions which occur on an infrequent or irregular basis, or which vary in amount.

You may use the recurring transfer or payment feature when you pay a set amount to a specific account or single payee at regular intervals, for example, on a car loan.

You may request a one-time wire transfer of funds to an account in your name at another financial institution.  The Bank will provide you a positive confirmation that the wire has been processed.

You may verify that any payment or transfer has been processed by signing onto Community Bank Online the business day following the transfer or payment (providing that the payment or transfer request was submitted prior to the appropriate weekday cut-off time: 4 p.m. Central for all theaters (excluding all U.S. bank holidays)).

B.       Processing Bill Payments

-          Dollar Payments

We process payments you make through the Bill Pay service in one of two ways:

Bill payments can be scheduled on U.S. business days (Monday through Friday) only.  You must schedule all bill payments to be made at least five business days in advance of the payee’s payment due date, even with payees that receive payments electronically.  We are not responsible for U.S. postal delays or processing delays by the payee.  In all cases, we deduct the amount of your payment from your account on the date the payment is scheduled to be made.  To have a payment processed on the same business day, we must receive your instructions before the end of the bill payments business day (4 p.m. U.S. Central Time, Monday through Friday for all Theaters, excluding U.S. bank holidays).

If you request a payment for a future date, we will process the transaction at the close of business on that business day.  For any scheduled bill payments that fall on a weekend or holiday, the scheduled date will be automatically adjusted to the previous business day and the funds will be deducted on that day.

Be sure to enter your account number and U.S. Domestic payee's address as they appear on your payment stub or invoice when adding payees to your Community Bank Online service.

-          Euro Payments

With Euro Bill Pay service you can make single and repeating payments online from your linked Community Bank checking accounts that were opened in Germany, Italy, or The Netherlands, to companies or individuals you select that have an account in a SEPA participating country for receipt of funds.

 

Payments are processed on the German banking day that you specify, using the information provided by you through the Bank’s online system. Payments scheduled on a non-business day, will be processed the next business day. You are wholly responsible for all payment information provided (i.e. beneficiary name, IBAN, date of transaction, and amount to be processed). Community Bank is not liable to you in the event that we followed the guidance within your payment request, should the funds be delivered to the incorrect beneficiary, if the payment was delayed, or for the incorrect amount. In the event that a payment you submitted to us is processed as requested, but was ultimately incorrect, you are solely responsible for working with the beneficiary to have the funds returned to you.

 

Modification or cancellation of future dated payment requests must be submitted through Online Banking before the beginning of the appropriate bank business day on the date the transaction was scheduled to be processed. Euro Bill Payments cannot be cancelled the same day as they are processed.

 

The Euro bill payment cut-off time is 4 p.m. U.S. Central Time, Monday through Friday, excluding Bundesbank holidays, Thanksgiving, Christmas and New Year’s Day. Payments received before the cut-off time will be processed the following business day and may take up to 4 business days for the beneficiary to receive the payment.

 

Repeating payments may only be initiated via online banking.

 

Should a payment that you submitted and we processed not be received by the beneficiary in a reasonable period of time (4 business days), you can request a “Euro Bill Pay Inquiry” be placed on the payment. If we are charged a fee by the beneficiary bank for the inquiry request, that cost will be debited from the payment account and appear on your next statement.

 

Upon request of the Originator or upon Community Bank’s own initiative, Community Bank may request from the beneficiary bank a recall of funds sent to a beneficiary provided the following criteria are met.

 

o    Duplicate transmission

o    Technical problems resulting in an erroneous payment

o    Fraudulent payment

 

The beneficiary bank must generally respond within 10 German banking business days. Community Bank cannot guarantee that the funds will be returned. In these rare instances, you must work with the payment recipient to receive the funds.

 

The beneficiary bank may charge a fee for returning a payment that has been recalled. You may receive less than the original amount transferred. Funds will only be placed into the original debiting account when we receive the funds back from the beneficiary bank. You may not receive a notice from us informing you of the credit back to your account.

 

C.       Processing Internal and External Transfers

All Accounts

To have a transfer processed on the same business day, we must receive your instructions before the appropriate transfer cut-off time: (4 p.m. U.S. Central Time, Monday through Friday for the European Theatre, including Guantanamo Bay, excluding U.S. bank holidays. 4 a.m. U.S. Central Time, Monday through Friday for the Pacific Theatre, including Kwajalein and Diego Garcia, excluding U.S. bank holidays.).  If we receive your transfer instructions after the appropriate cut-off time, we will process the transaction at the close of the next business day in the country in which your account was opened.  Wire transfers are managed through different cut-off times as reflected on those transfer agreements.

If you schedule a transfer for a future or recurring date, we will fulfill the transaction request at the start of business on that date in the country in which your account is opened.  For any scheduled transfers that fall on a weekend or U.S. banking holiday, the scheduled date will be automatically adjusted to the next U.S. business day and the funds will be deducted at the start of business in the country in which your account was opened.  The balance will be adjusted and available prior to your local banking business day.

Sterling Accounts (UK Only)

Transfers can occur between the following accounts within the United Kingdom only:

§         Dollar Checking to Sterling Checking

§         Savings to Sterling Checking

§         Sterling Checking to Dollar Checking

§         Sterling Checking to Savings

§         Sterling Checking to Sterling Checking

Exchange rates are determined on the day the transaction is processed, and will be provided within the transaction details.  This information will be viewable through online banking or on your statement by the following business day.  For specific rate information contact your Banking Center.

D.      Internal Transfers

To have an internal transfer processed on the same business day, we must receive your instructions before the appropriate transfer cut-off time: (4 p.m. U.S. Central Time, Monday through Friday for the European Theatre, including Guantanamo Bay, excluding U.S. bank holidays. 4 a.m. U.S. Central Time, Monday through Friday for the Pacific Theatre, including Kwajalein and Diego Garcia, excluding U.S. bank holidays.).  If we receive your transfer instructions after the appropriate cut-off time, we will process the transaction at the start of the next business day in the country in which your account was opened.

If you schedule a transfer for a future or recurring date, we will fulfill the transaction request at the start of business on that date in the country in which your account is opened.  For any scheduled transfers that fall on a weekend or U.S. banking holiday, the scheduled date will be automatically adjusted to the next U.S. business day and the funds will be deducted at the start of business in the country in which your account was opened.  The balance will be adjusted and available prior to your local banking business day.

Internal transfers can be submitted in any amount between $0.01 and $10,000.00 per day.  

E.      External Transfers (Dollar Accounts Only)

To have an external transfer processed on the same business day, we must receive your instructions before the appropriate transfer cut-off time: (4 p.m. U.S. Central Time, Monday through Friday for the European Theatre, including Guantanamo Bay, excluding U.S. bank holidays. 4 a.m. U.S. Central Time, Monday through Friday for the Pacific Theatre, including Kwajalein and Diego Garcia, excluding U.S. bank holidays.).  If we receive your transfer instructions after the appropriate cut-off time, we will process the transaction at the start of the next business day in the country in which your account was opened.

If you schedule a transfer for a future or recurring date, we will fulfill the transaction request at the start of business on that date in the country in which your account is opened.  For any scheduled transfers that fall on a weekend or U.S. banking holiday, the scheduled date will be automatically adjusted to the next U.S. business day and the funds will be deducted at the start of business in the country in which your account was opened.  The balance will be adjusted and available prior to your local banking business day.

F.    Wire  Transfers

Wire transfers enable customers to electronically transfer funds from a Community Bank account to an account at another U.S. financial institution.  

Wire transfers received through Community Bank Online will only be sent to an account in a same name, meaning, the customer initiating the wire transfer must be an authorized signer on the beneficiary account.

The fee for USD wire transfer requests is $15.00. Additionally fees may be charged by the beneficiary bank.

Requests for same day wire transfers must be submitted by 2:00 p.m. U.S. Central Time. Wire transfer request received after 2:00 p.m U.S. Central Time will be processed on the next business day.

G.       Participation by Payees

Occasionally a payee may choose not to participate in the Bill Pay service, or may require additional information before accepting payments.  We will work with these U.S. Domestic payees to encourage them to accept an electronic or check payment from the Bank.

Any obligations that you wish to pay through the Community Bank Online with Bill Payment services must be payable in U.S. dollars to a payee located in the United States.  We reserve the right to restrict categories of payees to whom payments may be made using the service.  You should not use the service to make:

H.       Limitations and Dollar Amounts for Transfers and Payments

External Transfers and payments, excluding wire transfers, can be for any amount between $0.01 and $10,000.00.  Wire transfers can be for any amount between $10.00 and $10,000.00.  When you schedule a payment or transfer, you authorize Community Bank to withdraw the necessary funds from your Community Bank Bill Pay checking account.  You agree that you will instruct Community Bank to make a withdrawal only when a sufficient balance is or will be available in your Bill Pay checking account at the time of withdrawal.  You understand that Community Bank will not act on any withdrawal instruction from you if sufficient funds, including any overdraft amount, are not available in your Bill Pay checking account.  For External Transfers, Community Bank will not act on any transfer instructions if sufficient funds are not available in your designated checking or savings account, not to include amounts available from an overdraft account that may be linked.

If funds are not available for a requested withdrawal instruction, Community Bank will notify you of the incomplete transaction using the alert feature through Community Bank Online.  If your account becomes overdrawn because of one or more other transactions posting on the same day a bill payment is made, we reserve the right to impose non-sufficient funds fee (NSF) or overdraft item fee pursuant to our current schedule of fees.

I.      Canceling Transfers or Payments

For future transfers, we must receive your instructions to cancel before the beginning of the appropriate theatre bank business day on the date the transaction was scheduled to be processed.  Instructions for same day, immediate transfers, cannot be cancelled.

For payments, we must receive your instructions to cancel before the end of the appropriate theater bank business day on the date the transaction was scheduled to be processed.

J.      Confirmation of Transfers and Payments

Payments and transfers can be reviewed on your monthly account statement or within Community Bank Online.

K.        Initiating Payment Inquiries

To initiate a payment inquiry, call us at 1-800-239-9427, or use the "Inquire" option within Community Bank Online or the "Contact Us" option to send an e-mail.  You should allow at least five business days for the payment to be received and processed by your payee before you may make a payment inquiry.  If you have reason to believe that an error or unauthorized transaction has occurred, we urge you to call us immediately rather than using e-mail (see section V below for further details).

L.        Privacy

Community Bank recognizes that our customers and others visiting our website have an expectation of privacy in their dealings with us.  For this reason, we take security and privacy of customer information seriously.  Please see the Community Bank Privacy Policy, on our website for more details.

Community Bank also recognizes the importance of maintaining the privacy of individual information in compliance with applicable legal and regulatory requirements. Our EU Privacy Notice outlines how Community Bank in the European Union collects, uses, processes, and shares personal information as well as the rights individuals may have in relation to our use of that information. A copy of this notice can be viewed on the DoDCommunityBank.com website.

When you activate the electronic bill feature of the Service for a Payee, you will provide certain necessary information, which may be forwarded to the Payee to complete your activation.  You may wish to contact your Payee to determine whether they have a privacy policy.  The Bank takes no responsibility for any collection, maintenance, or use of information by any Payees, which falls outside of what is required to establish and maintain the electronic bill feature of the Service.

IV.    Terms and Conditions of Bill Payment Services

A.      Service Definitions

"Service" means the Bill Payment Service offered by Community Bank.

"Agreement" means the Terms and Conditions of the bill payment service, in addition to other agreements associated with your accounts.

"Alerts Service" means the email service described in these Conditions which are offered by Community Bank, to enable you to access information relating to your account.

"Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding United States Federal Reserve holidays.

"Scheduled Payment Date" is the day your Payment Account will be debited and is also the day the Bank will begin processing your payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

"Due Date" is the date reflected on your Payee statement for which the payment is due.  It is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not been processed.

B.       Payment Scheduling

Transactions begin processing on your Scheduled Payment Date and will arrive at the destination approximately four (4) Business Days after the Scheduled Payment Date.  When scheduling payments you must select a Scheduled Payment Date that is no less than five (5) Business Days before the actual Due Date, not the late date or the grace period.

C.       Service Guarantee

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account.  The Bank will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

D.      Payment Authorization and Payment Remittance

By providing the Bank with names and account information of Payees to whom you wish to direct payments, you authorize the Bank to follow the Payment Instructions that it receives through the payment system.  In order to process payments more efficiently and effectively, the Bank may edit or alter payment data or data formats in accordance with Payee directives.

When the Bank receives a Payment Instruction, you authorize the Bank to debit your Payment Account and remit funds on your behalf so that the funds arrive as soon as reasonably possible after the Scheduled Payment Date designated by you.  You also authorize the Bank to credit your Payment Account for payments returned to the Bank by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.

The Bank will use its best efforts to make all of your payments properly.  However, the Bank shall incur no liability and any Service Guarantee shall be void if the Bank is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1.       If, through no fault of the Bank, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the funds of your overdraft account;

2.       The payment processing center is not working properly and you know or have been advised by the Bank about the malfunction before you execute the transaction;

3.       You have not provided the Bank with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee;

4.       Circumstances beyond control of the Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bank has taken reasonable precautions to avoid those circumstances; and/or,

5.       There are postal delays or processing delays by the payee.

Provided none of the foregoing exceptions are applicable, if the Bank causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Bank shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY.  IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICE.

E.       Payment Methods

The Bank reserves the right to select the method in which to remit funds on your behalf to your Payee.  These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

F.       Payment Cancellation Requests

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service.  There is no charge for canceling or editing a Scheduled Payment.  Once the Bank has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

G.      Stop Payment Requests

The Bank’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared.  The Bank may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed.  If you desire to stop any payment that has already been processed, you must contact Customer Service.  Although the Bank will make every effort to accommodate your request, the Bank will have no liability for failing to do so.  The Bank may also require you to present your request in writing within fourteen (14) days.  The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

H.      Prohibited Payments

Payments to Payees outside of the United States or its territories are prohibited through the Service.

I.        Exception Payments

Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk.  In no event shall the Bank be liable for any claims or damages resulting from your scheduling of these types of payments.  The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Bank.  The Bank has no obligation to research or resolve any claim resulting from an exception payment.  All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Bank.

J.        Bill Delivery and Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements.  In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Information provided to the Payee – The Bank is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee.  Any changes will need to be made by contacting the Payee directly.  Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites.  You also agree not to use someone else's information to gain unauthorized access to another person's bill.

Activation – Upon activation of the electronic bill feature the Bank may notify the Payee of your request to receive electronic billing information.  The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee.  Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee.  While your electronic bill feature is being activated it is your responsibility to keep your accounts current.  Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.

Notification – The Bank will use its best efforts to present all of your electronic bills promptly.  In addition to notification within the Service, the Bank may send an e-mail notification to the e-mail address listed for your account.  It is your sole responsibility to ensure that this information is accurate.  In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills.  The time for notification may vary from Payee to Payee.  You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification – The electronic Payee reserves the right to cancel the presentment of electronic bills at any time.  You may cancel electronic bill presentment at any time.  The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee.  It may take up to sixty (60) days, depending on the billing cycle of each Payee.  The Bank will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery.  The Bank will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) – You agree to hold the Bank harmless should the Payee fail to deliver your statement(s).  You are responsible for ensuring timely payment of all bills.  Copies of previously delivered bills will be maintained within Community Bank Online for a period of six (6) months.  Any copies delivered prior to that period must be requested from the Payee directly.

Accuracy and dispute of electronic bill – The Bank is not responsible for the accuracy of your electronic bill(s).  The Bank is only responsible for presenting the information we receive from the Payee.  Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

K.       Exclusions of Warranties

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

L.       Password and Security

You agree not to give or make available your password or other means to access your account to any unauthorized individuals.  You are responsible for all payments you authorize using the Service.  If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize.  If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Bank at once by calling us at 1-800-239-9427 during customer service hours.

M.     Failed or Returned Transactions

In using the Service, you are requesting the Bank to make payments for you from your Payment Account.  If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed.  In some instances, you will receive a return notice from the Bank.  In such case, you agree that:

1.       You will reimburse the Bank immediately upon demand the transaction amount that has been returned to the Bank;

2.       You will reimburse the Bank for any fees imposed by your financial institution as a result of the return;

3.       You will reimburse the Bank for any fees it incurs in attempting to collect the amount of the return from you;

4.       The Bank is authorized to report the facts concerning the return to any credit reporting or deposit account reporting agency.

N.      Alterations and Amendments

This Agreement, applicable fees and service charges may be altered or amended by the Bank from time to time.  In such event, the Bank shall provide notice to you.  Any use of the Service after the Bank provides you a notice of change will constitute your agreement to such change(s).  Further, the Bank may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete.  Consequently, the Bank reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

O.      Address or Banking Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate.  This includes, but is not limited to, name, address, phone numbers, and e-mail addresses.  Changes to this information can be made by contacting Customer Service.  Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files.  All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information.  The Bank is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

P.       Service Termination, Cancellation, or Suspension

In the event you wish to cancel the Service, you may have the ability to do so through the Service, or you may contact Customer Service via one of the following:

1.       Telephone us at 1-800-239-9427 during customer service hours; and/or

2.       Write us at:
Community Bank 
Attn: Customer Service Center
300 Convent Street, Suite 400
San Antonio, TX 78205-3701

Any payment(s) the Bank has already processed before the requested cancellation date will be completed by the Bank.  All Scheduled Payments including recurring payments will not be processed once the Service is cancelled.  The Bank may terminate or suspend service to you at any time.  Neither termination nor suspension shall affect your liability or obligations under this Agreement.

In addition, we may close your account if we believe you are no longer eligible for the account or the Service, you have given us false information or have otherwise acted dishonestly in your dealings with us, you or someone else are using the account illegally or fraudulently, you have acted abusively or violently towards our members of staff or you are seriously or persistently in breach of these Conditions.

Q.      Payee Limitation

The Bank reserves the right to refuse to pay any Payee to whom you may direct a payment.  The Bank will notify you promptly if it decides to refuse to pay a Payee designated by you.  This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

R.       Returned Payments

In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Bank for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full.  The Bank will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account.  You may receive notification from the Bank.

S.       Information Authorization

Your enrollment in the Service may not be fulfilled if the Bank cannot verify your identity or other necessary information.  Through your enrollment in the Service, you agree that the Bank reserves the right to request a review of your credit rating at its own expense through an authorized bureau.  In addition, you agree that the Bank reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).

T.       Disputes

In the event of a dispute regarding the Service, you and the Bank agree to resolve the dispute by looking to this Agreement.  You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Bank relating to the subject matter of this Agreement.  If there is a conflict between what an employee of the Bank or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

U.      Assignment

You may not assign this Agreement to any other party.  The Bank may assign this Agreement to any future, directly or indirectly, affiliated company.  The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

V.      No Waiver

The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank.  No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.  A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

W.    Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

V.      Errors, Questions and Unauthorized Transactions

A.      In Case of Errors or Questions about Your Electronic Transactions; Reporting Unauthorized Transactions

Call or write us AT ONCE if you think:

Contact us by either:

1.       Telephone us at 1-800-239-9427 during customer service hours.

2.       Contact us by using the application's secure e-messaging feature; and/or,

3.       Writing us at:
Community Bank 
Attn: Customer Service Center
300 Convent Street, Suite 400
San Antonio, TX 78205-3701

B.       We must hear from you no later than 60 days after we have sent the FIRST statement on which the problem or error appeared.

If you tell us verbally, we may require you to send us your complaint or question in writing within 10 business days.  When you contact us, please provide the following information:

Please explain as clearly as you can why you believe there is an error or unauthorized transaction or why you need more information.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) business days after your verbal notification.  We will tell you the results of our investigation within ten (10) business days after we hear from you, and we will promptly correct any error we have made.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  In this case, we will provisionally credit your account within ten business days for the amount you think is in error, so that you 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 your letter in ten business days, we may not provisionally credit your account.

If we conclude there was no error, we will send you a written explanation within three business days after we finish our investigation.  You may ask for copies of any documents used in our investigation.

Unless you have instructed us otherwise, you agree that any correspondence we send you concerning errors, questions or alleged unauthorized transactions may be delivered via e-mail to the most recent address you have submitted for our records.

C.       Unauthorized Transactions; Limitation of Bank's Liability

Tell us at once if you believe your Community Bank Online Username and/or Password have been compromised or if someone has transferred or may transfer money from your account without your permission.  The best way to minimize your loss is to call us immediately.  The unauthorized use of your Community Bank Online service could cause you to lose all the money in your accounts, plus any amount available under overdraft protection.

If you tell us within two business days after you learn of an unauthorized transaction, you can lose no more than $50 if someone made a transaction without your permission.

However, if you do not tell us within two business days, and we can prove that we could have stopped someone from using your Community Bank Online service without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transactions you did not make, tell us at once.  If you do not tell us within 60 days after the statement is mailed to you, you may not get back any of the money you lost if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the above time periods.

When you give someone your Community Bank Online Username and Password, you are authorizing that person to use your Service, and you are responsible for all transactions the person performs using the Service.  All transactions that person performs even those transactions you did not intend or want performed are considered authorized transactions.  If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized transactions.

Transactions that you or someone acting for you initiates with fraudulent intent are also considered authorized transactions.

D.      Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your direct losses or damages.  However, there are some exceptions.  We will not be liable, for instance, if:

There may be other exceptions not specifically mentioned here.

VI.    Alerts Service

A.      Joint Accounts

If you are a joint account holder, each person named on the account can register for the Alerts Service.  Each joint account holder will use the Alerts Service independently for each account they have ownership of.  When your Community Bank Online service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer.

B.       Security

You must ensure that no one else (unauthorized individuals) has access to confidential information shown on or stored in your mobile phone or your computer.  You must ensure that no one can oversee or in any other way monitor your use of your mobile phone or your computer when you are accessing the Alerts Service.  You must ensure you take reasonable measures to protect the security of your mobile phone.  Suggestions include:

      Ensure the PIN code is used at all times on your mobile phone.  If you suspect these details may be compromised they should be reset (contact Your Network Provider for advice on how to do this).  When choosing your PIN code, avoid the use of numbers which are easy to guess.

      Do not tell anybody details relating to your PIN code.

      Do not leave your mobile phone unattended without locking access to it via your PIN code.

      Ensure you comply with any guidance or instructions from your mobile Service Provider in relation to mobile phone security.

      You should not change the security setting on your mobile phone (sometimes referred to as Jail breaking).

      If your mobile phone service suddenly stops working you should contact your network service provider immediately to ensure that you are not a victim of mobile phone number redirection or SIM Swap.

C.       Lost or Stolen Device / Change of Device

You must tell us immediately if your mobile phone is lost or stolen, or if you change your mobile phone number so we can deactivate or reset your online banking access login credentials.  In addition, your Online Banking profile information must be updated to reflect the change.   If you fail to tell us, we are not responsible if your account information becomes known to someone else.  The service can be immediately disabled by going online to the Community Bank Online Banking website.

D.      Service Errors

You must tell us as soon as you can if you become aware of any error or any suspected error in the Alerts Service.  You should check your account statements carefully.  These errors may include:

      Technical errors with the alerts system resulting in an unclear message or;

      Account based errors resulting in balances and or transactions which you do not think are applicable to your account.

      In either event please call us at 800-239-9427 during customer service hours.

E.       Cancel/Suspension of Service

We may withdraw or suspend your access to the Alerts Service at any time if we believe that it is necessary for our or your protection.  These reasons include:

      If we believe that this is necessary for security reasons;

      To prevent suspected unauthorized or fraudulent use of your account

In addition, we may cancel your access to the Service if we believe you are no longer eligible for the account or the Alerts service, you have given us false information or have otherwise acted dishonestly in your dealings with us, you or someone else are using the account illegally or fraudulently, you have acted abusively or violently towards our members of staff or you are seriously or persistently in breach of these Conditions.

If we need to withdraw or suspend your access to the Alerts Service:

      We will tell you of our intention to do so and our reasons why beforehand, unless we are unable to tell you beforehand, in which case, we will tell you immediately after we do so;

      Whether we tell you before or after, we will inform you of the suspension or withdrawal;

      We do not have to tell you that we are withdrawing your access to the Alerts Service , if doing so would compromise our security measures or would otherwise be unlawful; and

      You will need to reactivate your registration for the Alerts Service by logging back into Community Bank Online Banking and re-setting your alerts online.  We will resume your access to the Alerts Service as soon as possible, provided that the reason for the withdrawal or suspension no longer exists.

We take all reasonable steps to safeguard the security of your confidential information when you use the Alerts Service but we cannot guarantee the security of any confidential information that is transmitted through the internet or a telephone network.

Please act on any additional instructions we give you.  Any additional instructions will reflect good security practice.

F.       Availability of the Alerts Service

We cannot guarantee the speed with which you will receive email messages or that you will have uninterrupted or continuous access to the Alerts Service.

The Alert Services can normally be used at any time.  If we need to carry out maintenance or improvement work to the Alerts Service or if we are required to do so by circumstances beyond our control we may have to withdraw or suspend the Alerts Service so that it ceases to be available to any of our customers.  If we do this for an extended period of time as determined by us, we will give you prior notice by sending you a notice by email or online banking notification.  We may be unable to give you prior notice if the maintenance or repair work is urgent and important or due to circumstances beyond our reasonable control.

We are not responsible if the Alerts Service is unavailable at any time or if you do not receive any email message promptly, or at all, where this is due to:

      Reasons outside our reasonable control (for example your mobile phone being out of network coverage); or

      Reasons in your control for example your mobile phone being switched off (or you not logging into your email) or you changing your mobile phone or your mobile phone network provider.

If we do not send a email alert or if a email alert is inaccurate, we will only be responsible for any charges you incur on your account which you could otherwise have avoided.

G.      Updating Your Contact Information

In the event that your e-mail address or other contact information is changed, you must notify Community Bank of such changes immediately by selecting the Services tab within Community Bank Online or calling Customer Service at 800-239-9427 during customer service hours.

If you fail to update or change an incorrect e-mail address or other contact information, you understand and agree that any eCommunications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form through Community Bank Online or e-mailed to the e-mail address we have for you in our records.

To change your Alerts Service contact information you must also go to the Alerts>Contact Points tab and update the appropriate details.

The Bank may attempt to contact you about possible additional changes when notified of a requested email or mobile phone change, but is not obligated to do so.  It is solely your responsibility to ensure that all necessary contact changes are completed in full.

H.      Discontinuation of the Alerts Service

You can cancel email alerts at any time from within online banking by logging onto our Community Bank Online Banking Service and selecting the relevant options.  This cancellation will only apply to the Alerts Services and will not terminate your Community Bank Online service nor will it terminate your Community Bank accounts (unless you do so by separate notice to the appropriate area of the Bank).  You should read these Conditions carefully, print them and keep them in a safe place as you may want to refer to them in the future.

Your use of the Alerts Service will end automatically if you close all of your accounts or if you no longer subscribe to our Online Banking service.

We may close your use of the Alerts service at any time.  If we decide to do this, we wherever possible give you at least two months written notice (including email alert) to you.

VII.  Other Terms and Conditions

A.      Community Bank Online Charges

There is no charge for our Community Bank Online, Mobile, or Alerts Service, which provides access to your entire Community Bank financial relationship, unlimited bill pay services, and customized special offers.

B.       Other Charges

Normal fees and charges continue to apply to all of your linked accounts.  Depending on how you access Community Bank Online, you may also incur Internet Service Provider fees.  Additionally, fees may be assessed for non-sufficient funds and failed or returned transactions (see appropriate sections above).  For an inquiry about a transaction that occurred more than 180 days before the date you make the inquiry, we may charge a research fee.  This fee will be waived if the Bank determines that a Bank error occurred.

C.       Business Days

For Community Bank Online services, our business days are Monday through Friday, excluding U.S. banking holidays.

D.      Service Hours

Community Bank Online services are generally available 24 hours a day, 365 days a year, except for unscheduled outages, system maintenance and upgrades.  When this occurs, a message will be displayed when you sign on to Community Bank Online.

E.       Cancelling Your Community Bank Online Service

Your Community Bank Online service remains in effect until it is terminated by you or Community Bank.  You may cancel your service at any time by notifying us of your intent to cancel in writing, through Community Bank Online e-mail, or by calling Community Bank Online Customer Service.  This notice will apply only to your Community Bank Online service and will not terminate your Community Bank accounts (unless you do so by separate notice to the appropriate area of the Bank).

If you close your designated Bill Pay checking account, or if it is no longer linked to your service, any unprocessed payments or transfers will be cancelled.  We may terminate your participation in the Community Bank Online service for any reason, at any time.  We will try to notify you in advance, but we are not obligated to do so.

F.       Joint Accounts

When your Community Bank Online service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer.

G.      Changes to Agreement

We may change this Agreement at any time.  For example, we may add, delete or amend terms or services.  We will notify you of such changes by mail or by electronic message.  If you maintain your Community Bank Online service after the effective date of a change, you indicate your agreement with the change.

H.      Transfers From Savings Accounts

Federal regulations and the Deposit Agreement impose limits on the number of certain types of withdrawals and transfers you can make each month from a savings account.  You can make no more than a total of six (6) automatic or preauthorized transfers, telephone transfers, or Online Banking transfers or payments from a savings account each monthly statement cycle (each month for savings accounts with a quarterly statement cycle).  If you exceed these limits on more than an occasional basis, we may convert your account to another type of account and your account may no longer earn interest.

Each transfer or payment through Online Banking services from your savings account is counted as one of the six limited transfers you are permitted each statement period.  We recommend that you not use a savings account as your bill payment account because of these limits on transfers.  Please review the Deposit Agreement for your account for more information.

I.        Contact by Community Bank or Affiliated Operating Parties

No employee of Community Bank or any affiliated company will contact you via e-mail, or phone or otherwise requesting your Online Username and/or Password.  If you are contacted by anyone requesting this information, please contact us immediately.  In addition, the bank will not send notification that your service has been frozen, or for any other similar “administrative” situation.

J.        Disclosure of Account Information

We may disclose information to third parties about your account or your transactions:

K.       Account History

We report your Community Bank Online Bill Pay transactions on your Bill Pay designated checking account monthly statement.  A description of the payee, date, and amount will appear on the statement.

L.       E-mail Communications

Unless you have instructed us otherwise, you agree that Community Bank may send you electronic messages about other accounts and services we offer, and that we may respond to any electronic message that you send us by electronic mail (via the "Messages" or “Contact Us” functions), such as responding to any claim of unauthorized electronic funds transfer.  Any electronic message sent to you by the Bank shall be considered as if it were sent by U.S. Mail, postage prepaid, and shall be considered received within three days of the date sent by the Bank, regardless of whether you sign on to the Community Bank Online service within that time frame.  It is your responsibility to ensure your e-mail address remains accurate.  With Community Bank Online, you can have the option to have a message sent to an external e-mail address notifying you of when a USD e-Bill has arrived.  Because this message is automated, any replies may not be received or read.  Additionally, we cannot act on instructions sent by you from an external e-mail address.  If for any reason your external e-mail address changes or becomes disabled, please contact the Bank immediately so that we can continue to provide you with the automated messages for e-Bills.

M.     Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, except for Section IV, which shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to any conflicts of laws provisions in either Texas or Georgia law.  To the extent that any term of this Agreement may conflict with any applicable state or federal law, such law shall supersede the conflicting term only to the extent required by law, and all other terms of this Agreement shall remain in full force and effect.

N.      Community Bank Online Electronic Disclosure and Consent

If you provide your consent below, you agree that we may provide to you in electronic format with agreements, disclosures, notices, statements and other information and communications regarding your accounts, services and products, the use of any Community Bank Online services, your relationship with us, and/or other programs, products or services that are or may be in the future be made available to you through Community Bank Online (“eCommunications”).  We will provide such eCommunications by posting them on the Community Bank Online website for a period of at least 90 days.  Such eCommunications may include, but are not limited to:

We agree to provide you with a paper copy of such eCommunications at your request.  You may request paper copies of required notices by calling us at Telephone us at 1-800-239-9427 during customer service hours.

You have the right to withdraw this consent, but if you do, we will immediately terminate your participation in Community Bank Online.  To withdraw your consent, please contact us at 1-800-239-9427 during customer service hours.

VIII.            YOUR SYSTEM REQUIREMENTS

In order for you to access and retain eCommunications in connection with Community Bank Online, your system must meet the following minimum requirements (collectively, “System Requirements”):

§         Internet Access

§         The Banking Solutions applications require one of the following Internet browsers:

Microsoft Internet Explorer 11

Microsoft Internet Explorer 10

Mozilla Firefox 44 (or higher)

Most eCommunications provided within Community Bank Online are provided either in HTML and/or PDF format.  For Communications provided in PDF format, Adobe Acrobat Reader 6.0 or later versions is required – A free copy of Adobe Acrobat Reader may be obtained from the Adobe website at www.adobe.com.

In certain circumstances, some eCommunications may be provided by e-mail.  You are responsible for providing us with a valid e-mail address to accept delivery of Communications.

To print or download eCommunications you must have a printer connected to your computer or sufficient hard-drive space (approximately 1 MB) to store the Communications.

IX.    UPDATING YOUR CONTACT INFORMATION

In the event that your e-mail address or other contact information is changed, you must notify Community Bank of such changes immediately by selecting the Services tab within Community Bank Online or calling Customer Service at 1-800-239-9427 during customer service hours.

If you fail to update or change an incorrect e-mail address or other contact information, you understand and agree that any eCommunications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form through Community Bank Online or e-mailed to the e-mail address we have for you in our records.

I understand that: