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Effective July 15, 2011
A. What it Covers
This FASTdeposit Service Agreement and Disclosure ("Agreement") governs your use of the FASTdeposit Service (the "Service") described below. In this Agreement, the words "we," "us," "our," and "CNB" mean City National Bank and its agents (including any third-party service provider), successors or assigns. The words "you" or "your" mean each person who or business which has an ownership interest in an account accessible using the Service and any person authorized for access. The words "Business Day" mean any day other than a Saturday, Sunday, or holiday when we are closed.
B. Accepting the Agreement and Amendments
When you enroll in and use the Service or authorize others to use the Service, you acknowledge receipt of this Agreement and you agree to the terms and conditions of this Agreement. You also agree to the terms and conditions of any amendment or other change to this Agreement if you continue to use the Service after receipt of notice of the amendment or change.
C. Relation to Other Agreements
This Agreement is in addition to the terms and conditions described in the Account Agreement and Disclosures, the Online Banking Service Agreement and Disclosure, and the Fee Schedule: Personal Products & Services, or the Fee Schedule: Business Products & Services, applicable to your deposit accounts with us, as well as all applicable laws and regulations. You should review these agreements and the fee schedules for any applicable fees and any limitations on the number of transactions you can conduct on an account as well as any other restrictions that may impact the use of your account. Capitalized terms not defined in this Agreement are defined in the Account Agreement and Disclosures.
The Service provides you the ability to make deposits to your designated eligible accounts with us (each an "Account") through our Internet Web site, cnb.com. The Service is designed to take advantage of The Check Clearing for the 21st Century Act and its regulations (collectively "Check 21"). The Service enables you to convert original paper checks ("Original Checks") that are drawn on or payable through United States financial institutions into digitalized images (each a "Check Image") and to electronically submit the Check Image to us for deposit into an Account for collection thereafter by us. A Check Image submitted to us electronically for deposit is not deemed received until we accept and confirm receipt of your Check Image deposit.
A. Access to the FASTdeposit Service
To access the Service you must have or acquire and maintain a personal computer and a flatbed scanner or equivalent that meets the specifications provided by us.
B. Deposit Limits
You may scan and submit Check Images for deposit to us within the dollar limits ("Deposit Limits") we provide you at the time of enrollment. We reserve the right to limit the frequency and dollar amount of deposits submitted through the Service. If you exceed the Deposit Limits we provide to you, we may in our sole discretion accept or refuse the Check Image deposit. If at any time we accept a Check Image deposit that exceeds your Dollar Limits, we will have no obligation to do so in the future. We may at any time at our sole discretion raise or lower your Deposit Limits.
C. Designated Eligible Accounts
By requesting access to the Service, you authorize CNB to provide you with access to all of the eligible accounts you designate to participate in the Service. The following account types are currently eligible for the Service: checking, savings, and money market accounts.
D. Account Requirements and Restrictions
In order to use the Service you must first enroll a personal or business checking account of yours with us as your primary FASTdeposit Service Account ("Primary Account"). All related service fees will be deducted from your Primary Account even if you have other accounts with us us ng the Service.
Certain trust accounts, such as individual and family trusts established pursuant to a formal written trust agreement, Totten Trusts, and Uniform Transfers to Minors Act accounts, are eligible to enroll for the Service as long as the person enrolling is the Trustee or Custodian.
An account owner may enroll any eligible account for the Service and provide access to the owner's agent under a power of attorney. The agent may not enroll an account for the Service. The account owner must notify us to remove the agent's access to the Service and notify us if the relationship of the agent to the account changes.
E. Username and Password
During the enrollment process, you will select your own username and we will provide you with a temporary password that you will be required to change the first time you sign on to the Service. We may provide you with your temporary password by mail or e-mail.
You are responsible for the security and use of your username and password. You (and each agent you authorize for access) shall keep your username and password secure and confidential. If you choose to disclose your username and password to another individual, are authorizing that person to do anything that you can do with the Service at any time. We will not be liable for any use of the Service by an individual who is provided access to the Service by you whether the use is within the scope of your intended authorization or not. Only you may receive support for username and password changes or sign on issues.Use the following guidelines to create your username:
F. Receipt of Check Image Deposits and Cutoff Times
Scanning and submitting Check Image deposits does not constitute receipt of the deposit by us. Generally, Check Image deposits received prior to 7:00 p.m., Pacific Time are processed on the Business Day of receipt. Any Check Image deposit received after this time or on Saturdays, Sundays, and holidays when we are closed will be processed on our next Business Day. Acknowledgment that your Check Image deposit has been received by us does not mean that the Check Image deposit was received error free.
G. Check Image Deposit Submission Confirmation and Approval Notification
We will send you an e-mail to confirm our receipt of your Check Image deposit. We will send a notice to you if your Check Image deposit is rejected in whole or in part. You may verify receipt and the amount of your Check Image deposit credited to your account by reviewing your statement online or by calling our telephone banking number.
A. Eligible Check Image Deposits
You agree that you will use the Service to scan only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. Dollars, and intended for deposit by you to your account with us. All other items may be deposited by alternate methods such as in person or by mail including a completed account deposit slip.
B. Ineligible Check Image Deposits
You understand that we are not obligated to accept for deposit any Check Image that we in our sole discretion determine to be ineligible for the Service. Ineligible items include: Check Images of items drawn on banks located outside the United States, Check Images that are illegible, images of checks previously converted to Substitute Checks (as defined by Check 21), and Check Images with unreadable magnetic ink character recognition ("MICR") information. You acknowledge and agree that even if we do not identify a Check Image as ineligible, the Check Image may be returned to us because, among other reasons, the Check Image or any Substitute Check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. Our failure to identify a Check Image you transmit to us as ineligible shall not preclude or limit your obligations.
C. Destruction of Original Checks
You shall fully destroy each Original Check in your Check Image deposit thirty (30) days following receipt and crediting of your Check Image deposit or as we may otherwise instruct. Prior to destruction you shall maintain each Original Check in a secure location. You understand each Original Check must be fully destroyed following any retention period and that a paper shredder is one such method to assure destruction. You are responsible if an Original Check is misused following submission by Check Image deposit and its full destruction.
D. Procedures to Safeguard Against Unauthorized Use of Service
You agree to take appropriate steps to safeguard against unauthorized use of the Service and to comply with the Security Guidelines described below, including maintaining the confidentiality of the security procedures passwords, codes, security devices, and related instructions provided by us in connection with the Service. If you believe or suspect any unauthorized use of the Service you agree to notify us immediately by contacting the Client Service Call Center at (800) 486-8176.
A. You shall not alter any Original Check or Check Image and shall review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you scanned the Check Image.
B. You shall submit to us only Check Images that are suitable for processing, including, but not limited to, Check Images that are legible and contain machine-readable MICR data.
C. You shall destroy the Original Checks as stated above.
D. You shall not submit to us or to any other person or entity for deposit or credit any Original Check if a Check Image of the Original Check has already been submitted and accepted for deposit into your account with us or which you previously submitted to and was accepted by any other person or entity for deposit.
E. You shall not deposit to any account of yours with us or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to us, unless following receipt of your submission, we notify you that the Check Image is ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Image is refused by the financial institution upon which it is drawn.
F. You shall indemnify, defend, and hold us and our agents from and against all liability, damage and loss arising from any claims, suits, or demands, brought by third parties with respect to any Check Image, Substitute Check, or Original Check processed through the Service as described above.
G. You shall use the Service only for your own personal, home office, or small business use in accordance with the terms of this Agreement. You shall not to make the Service available or transfer your rights to use the Service for the benefit of any third party.
We will acknowledge receipt of your Check Image deposit submitted through the Service and notify you if a Check Image is not eligible for deposit. Our ability to provide the Service is conditioned upon the availability of the computer services and systems used in transmitting your requests and our response. We shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of the Service, computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within our control.
There may be other exceptions to our liability as stated in the Account Agreement and Disclosures or other agreements.
A. Fees and Charges
All fees and charges related to any account you access with the Service as stated in the applicable Fee Schedule for the account will remain in effect when using the Service. The monthly fees and charges, if any, for the use of the Service are found in the applicable Fee Schedule.
B. Equipment and Software
To use the Services, you must have your own Internet Service Provider ("ISP"), a computer, scanner equipment, and a compatible browser featuring at least 128-bit encryption. We do not endorse or provide an ISP. However, it is recommended that you use a high- speed connection, such as Digital Subscriber Line (DSL) or cable. If you do not currently have an ISP, you are required to obtain one and monthly charges from your ISP may apply. We are also not responsible for the actions or inactions of your ISP. Software and ISP requirements may change from time to time and may affect your ability to access the Service. We are not responsible for any error, failure or malfunction of your computer or software, or for any computer virus or related problem that may occur with your use of the Service. When downloading programs from the Internet, launching e-mails, sharing CD-ROMs or USB drives, your computer can be infected with a virus. We are not responsible for viruses, worms, Trojan horses, malware, spyware, or other similar harmful components that may enter your computer by downloading, importing or otherwise obtaining information, software, or other materials off the Internet. If you obtain material from our site, our liability shall be limited to replacing, or the reasonable cost of replacing, the lost information, software, or material you obtain from our site.
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WITH RESPECT TO ANY COMPUTER PROGRAM, EQUIPMENT, OR SOFTWARE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SERVICE OR FOR ANY LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
C. Security Guidelines
In order to maintain secure communications and reduce fraud, you agree to protect the security of your username, personal identification numbers ("PIN"), passwords, codes, marks, signs, public keys, or other means of identification. You also agree to install and regularly update virus protection software. We reserve the right to block access to the Service to maintain or restore security to our site and systems if we reasonably believe your means of identification has been or may be obtained or is being used or may be used by any unauthorized person. Your failure to protect the security of these means of identification or failure to install and regularly update virus protection software shall relieve us from responsibility for any loss to you attributable to the failure, except as may otherwise be required by law.
D. Account Maintenance
You agree to properly maintain all accounts you have with us in good standing, to comply with the rules governing these accounts, and to pay any fees associated with the use or maintenance of these accounts.
E. Dispute Resolution
Any disagreements between you and us that relate to the Service, this Agreement, and any of your accounts are subject to the "Dispute Resolution – For Accounts and Services" provisions in your Account Agreement and Disclosures.
F. Notification of Changes to Agreement
We may amend or change the terms and conditions stated in this Agreement (including changes in the fees and charges hereunder) by giving notice to you at least the minimum notice required by law or regulation before the effective date of the amendment or change. Amendments may include adding new terms or conditions and deleting existing terms and conditions.
Prior notice need not be given where an immediate change in terms or conditions is necessary to maintain or restore the security of the Service or the safety of our relationship with you or is otherwise required immediately by law or applicable regulation. We shall thereafter promptly advise you of any such change in writing.
G. Cancellation or Termination
You may terminate the Service at any time by giving notice of the termination to us in writing. We may terminate the Service in whole or in part upon notice to you at any time without cause or liability to you and without affecting your obligations under this Agreement. We may terminate the Service in whole or in part when, in our reasonable judgment we believe the Service is being misused or may be misused or the activity conducted is suspicious or the security or safety of the Service is in doubt. We may also terminate the Service on notice to you at any time for non-usage or inactivity. You may request reinstatement of the Service by contacting your Relationship Manager.
H. Data Storage
By enrolling for the Service, you agree that we may record and store the information and electronic messages (e.g., e-mail) you send to us via our Web site or the Service. We may store the information for such period as we shall determine without obligation to you.
In general, we will not disclose information about your account or the deposits you make except when disclosure is necessary to provide the Service or, in our reasonable judgment to safeguard the Service or when disclosure is required to comply with a government agency or court order or is authorized or permitted by law; or when you give us your permission. If you defraud us in any way, we may disclose any information we have about you to third parties, including law enforcement authorities. See our "Privacy Statement" under Privacy and Security at cnb.com.
A. Business Accounts
"Business Accounts" mean sole proprietorships, partnerships, limited liability companies, corporations, and other forms of business organization that are not "consumer" accounts and are not maintained primarily for personal, family, or household purposes.
B. Limitation of Liability for Business Accounts
For Business Accounts using the Service, we are not responsible for any loss, injury or damage, whether direct, indirect, special, consequential, exemplary, economic or otherwise, caused by the Service or the use of the Service except as otherwise expressly provided for in this Agreement or by applicable law. By using a Service to access your Business Accounts, you are responsible for any unauthorized use of the Service and any loss or damages incurred due to the unauthorized access to your Business Accounts.
C. Transaction Activity Limits for Business Accounts
If your deposit activity through the Service exceeds your Deposit Limits, we reserve the right to disable your access to the Service and provide you with information on other business banking electronic deposit options that may be available to you.
D. Change in Business Account Ownership Notification
If any person authorized access through the Service to conduct transactions on any Business Account is no longer authorized, it is your responsibility to notify us. We shall not be liable or responsible to you for any transactions conducted on a Business Account by any person whose authority to conduct transactions is no longer in effect until we are expressly notified.
You agree that we may provide you with all disclosures, notices, and other communications about the Service, and any future amendments or changes or additions to this FASTdeposit Service Agreement and Disclosure, in electronic form. We will provide all future updates to the Agreement by posting the updated Agreement on our web site, http://www.cnb.com on the FASTdeposit page.
At your request, we agree to provide you with a paper copy of the FASTdeposit Service Agreement and Disclosure. You may request paper copies of this Agreement by calling a Client Service Specialist at 1-800-486-8167, 8:00 a.m. to 5:00 p.m., Pacific Time. Your consent to receive notices and updates in electronic form only will apply for as long as you use the Service. You may withdraw your consent at any time by choosing to cancel the Service.
A. System Availability and Business Days
The Service is accessible 24 hours a day, seven days a week except when the system is down for maintenance or unforeseeable reasons. Our Business Days are Monday through Friday except for bank holidays when we are closed.
Through the use of certain equipment and/or software, you can use electronic mail (e-mail) to contact us with inquiries, maintenance and/or problem resolution issues. NOTE: Generally, e-mail is not a secure method of communication and may not be responded to promptly or at all. If the matter of the inquiry is urgent or involves sensitive information, please call our client service number.
C. Our Security Commitment
We are committed to provide you safe and secure online banking services. We are confident that our internal security infrastructure, requiring at least 128-bit domestic grade encryption, provides privacy and security to your account and transaction information.
D. Your Security Role to Protect Yourself
Your role in security is as important as ours. Here are some requirements you should remember to maintain the privacy and security of the Service:
E. The Browser
When using your browser to access the Service, the browser uses encryption technology that scrambles data to make it readable by the sender and designated receiver only. A key is required to decode the information.
When you submit deposits to your accounts, the encrypted (scrambled) request is sent to us or our third party service provider. We send our replies back to you in an encrypted (scrambled) format. Even though the information sent back and forth is encrypted, you will be able to read the data on your computer screen.
You are required to use a browser with at least 128-bit encryption to use the Services.
If you need to upgrade your browser, follow the simple instructions on how to do this located in the browser's HELP menu.
You can check to see what level of security your browser has within the browser HELP menu. For Microsoft Internet Explorer, go to "Help" and then "About Internet Explorer." The version with Cipher (security) Strength should be listed.
We review and approve the use of different browsers to ensure they meet our security standards.
In addition to the required browser encryption, usernames or customer IDs and passwords or PINs are used as another feature to help ensure that your transactions on the Internet are safe and secure. When you sign in to the Service, we authenticate you by your username/customer ID and password/PIN. This information is known only by you and it is up to you to keep this information secure. If you think that your information has been compromised: 1) Change your password or PIN immediately; 2) call us at 1-800-486-8167, and 3) check your account history for any unauthorized transactions.
Our firewall protects our systems by allowing entry only to those who are authorized.
For digital identity verification, we have a digital server certificate by VeriSign that your browser uses each time you sign on to verify that you are connected to us.
1-800-486-8167, Monday through Friday from 8:00 a.m. to 5:00 p.m. Pacific Time for FASTdeposit information.
City National Bank - FASTdeposit
P.O. Box 512149
Los Angeles, CA 90051-0149
Notify us immediately by telephone at the contact number above if you detect any unauthorized activity to limit your liability for unauthorized transactions.
Form ID 18923 (07/2011)