Capital City Bank

Consumer Online Banking

User Agreement

 

This Online Banking User Agreement, as it may be changed from time to time (this “Agreement”) governs your use of the Capital City Bank online banking and bill payment services via the Internet (“Online Banking” or the “Services”). By applying for and using Online Banking, you agree to be bound by this Agreement and accept its terms and conditions. All Online Banking transactions are also subject to applicable law and the Account Disclosures.

1.         DEFINITIONS. The terms “we”, “us” and “Bank” refer to Capital City Bank and the term “you” refers to all persons who applied and were approved by us to use the Services, whether singular or plural. “Account” and “Accounts” means the Capital City Bank accounts on which you are a signatory that were designated by you, and approved by us, for access by Online Banking. “Applicable law” means all federal, state and local statutes, codes, regulations, rules, laws, published regulatory guidelines and judicial or administrative orders and interpretations which are applicable to you, us, and the Services, as they may be changed from time to time. “Account Disclosures” means the Capital City Bank Deposit Agreement, service charge schedule, and all other disclosures given to you from time to time in connection with your Accounts. “Periodic Statement” means each statement of activity on your Account that we are required to give you under applicable law and/or the Account Disclosures.

2.         ELIGIBILITY. To use the Services, you must have an Account. We reserve the right to restrict use of the Services for one or more types of accounts or transactions and to impose other limits or restrictions on your use of the Services. We reserve the right to restrict the use of the Services to accounts where only one signature is required for withdrawals.

3.         PASSWORD AND SECURITY. You will choose your own user ID and password that you must use to access your Accounts through the Services. You agree that use of your user ID and password constitutes your authorization for all transactions made using your user ID and password, including all pre-authorized electronic fund transfers, and has the same effect as your written signature. You agree not to give or make your user ID and password available to any unauthorized individuals. You must notify us at once by calling 800-431-7522 if you believe that (a) your user ID or password is lost or stolen, or (b) someone may attempt to use the Services without your consent, or (c) someone has transferred funds from your Account without your permission. A message can be left after our normal business hours and will be considered received upon retrieval the next business day.

4.         AVAILABLE SERVICES. You may use the Services to access your Accounts via the Internet. The Services are normally available 24 hours a day, 7 days a week. However, the Services may not be available from time to time for system maintenance, or for other reasons beyond our control.

5.         BUSINESS DAYS. Our Business Days are Monday through Friday, excluding bank holidays.


6.         PROCESSING TIMESTransfers performed during any Business Day generally will be posted to your Account as of that day; however, transfers performed after 8:00 p.m. (Central Time) on a Business Day, or on a Saturday, Sunday, or bank holiday may not be posted to your Account until the next Business Day.  Future dated and recurring transfers will be completed by 8:00 p.m. (Central Time) on the date they are scheduled to be made. If a recurring transfer is scheduled to be made on a date that does not occur in a given month, e.g. the 29th, 30th, or 31st, it will be made on the last day of that month.

7.         TRANSFER PROCESSING.  Scheduled transfers will only be made if there are sufficient collected funds in your Account at the time the transfer is scheduled to be made. The amount of each transfer will be debited from your Account at the time the transfer is made.

8.         BILL PAYMENT SERVICE. You may apply for CCB Bill pay (the “Bill Payment Services”) through Online Banking. Only those users approved by us will be able to use the Bill Payment Services. Our approval process generally will take no longer than five Business Days. You may use the Services to schedule a bill payment to a business or individual (“Payee”) in the United States. Payments can be scheduled on a one-time or recurring basis. Recurring payments are those made for the same dollar amount on the same date each month.

Recurring payments cannot be scheduled more than 364 days in advance unless the first scheduled recurring payment is due not more than 364 days after the date it was originally scheduled. Bill payments can only be made from a checking account or NOW account. If you use more than one checking account or NOW account to make bill payments, you must designate the Account from which the payment is to be made (“Payment Account”) each time you schedule a payment.

By providing us with the names and account information of Payees, you authorize us to follow the payment instructions that we receive from you through the Services and to rely on the accuracy of all of the information that you provide to us. It is your responsibility to update the Payee and payment information if changes occur. At our discretion, we will determine the appropriate method for processing payments to Payees; we may choose to make payments electronically or by check.

·         Restricted Payments. You cannot make government payments, including court directed payments, through the Services. At our discretion, we may refuse to pay any Payee and refuse to make payments that we believe are fraudulent or erroneous. We will notify you promptly if we refuse to make a payment to a Payee. We will not send you a payment refusal notice if you attempt to make a government payment or a payment to a Payee outside of the United States.

The Business Day that you select to have your bill payment made (“Scheduled Payment Date”) must be no less than the number of Business Days required by the Services for that type of payment before the actual due date. The Scheduled Payment Date should not be the late payment date and/or a date in the grace period. While it is anticipated that most transactions will be processed and completed by us on the Business Day after the Scheduled Payment Date, you understand and agree that due to circumstances beyond our control, particularly delays in handling and posting payments by slow responding Payees or financial institutions, some transactions may take a day or even a few days longer to be credited by your Payee to your Payee account. We are not liable for any late payments if you do not allow for sufficient processing time. See the Our Liability section of this Agreement for more information.

You must have sufficient available funds in your Payment Account on the Scheduled Payment Date for the Bank to complete your payment.

All bill payments scheduled to be made on a Saturday, Sunday or bank holiday will be made on the next Business Day. If a recurring bill payment is scheduled to be paid on a date that does not occur in a given month, e.g. the 29th, 30th or 31st, it will be processed on the next Business Day. Bill payment requests received after 8:00 p.m. (Central Time) on a Business Day or anytime on a non-Business Day will be processed on the next Business Day.

9.         LIMITATIONS ON TRANSFERS AND PAYMENTS.  The maximum dollar amount of any bill payment is $9,999.99 per bill with a maximum total not to exceed $20,000 per day. For security reasons, we may impose additional limits on the dollar amount of bill payments or transfers from your Account.

10.       LIMITATIONS ON THE FREQUENCY OF TRANSACTIONS ON MONEY MARKET AND SAVINGS ACCOUNTS.   In accordance with applicable law, no more than six pre-authorized, automatic or telephone transfers or withdrawals (including online banking and bill payment services transactions) are permitted from a money market or savings account in a statement cycle. Three of these six transfers or withdrawals may be made by check, draft, or POS withdrawal (to the extent that these services are available on an Account). A charge may be assessed for each transfer or withdrawal that exceeds these restrictions in accordance with our Account disclosures. We may change your account to a demand deposit account if you continue to exceed these limitations.

11.       STOPPING, MODIFYING OR CANCELING PAYMENTS AND TRANSFERS

·         Payments:   You may cancel or edit any payment (including recurring payments) prior to 8:00 p.m. (Central Time) on the Business Day before the Scheduled Payment Date by following the directions within the Services. You cannot use the Services to cancel or edit any payment on the Scheduled Payment Date after 8:00 p.m. (Central Time). If you need assistance with canceling or stopping any payment prior to 6:00 p.m. on the Business Day before the Scheduled Payment Date, you may call the Customer Service Center at 800-431-7522 during the hours stated in the Customer Service section of this Agreement.

·         Transfers: You may modify or delete future dated or recurring transfer requests made using the Services prior to 8:00 p.m. (Central Time) on the Business day before the transfer is scheduled to be made. Immediate transfers cannot be cancelled after we receive the transfer request.

12.       FEES AND CHARGES.  We make no direct charges for your use of Online Banking.  However, there may be charges to your Account if a transaction would count as a chargeable item under the Account Disclosures for that Account. You agree to pay all fees and charges related to the Services and your Accounts as set forth in this Agreement and the Account Disclosures, and any expenses, costs, and fees relating to any transaction using the Services or enforcement of this Agreement.  This includes reasonable attorney’s fees and legal expenses, subject to limitations imposed by applicable law.  You are also responsible for telephone and Internet service fees you incur in connection with your use of Online Banking.

13.       USE OF THE SERVICES.  As a condition of using the Services, you agree that you will:

1.      Not allow anyone else to use the Services to access your Accounts or make transfers or bill payments;

2.      Safely keep your user ID and password in your sole possession and not disclose or make it available to anyone else;

3.      Only use the Services in accordance with this Agreement and any other instructions we furnish to you for the purpose authorized by us; and

4.      Immediately report to us any loss, theft, or suspected unauthorized use of your Accounts through the Services.

14.       YOUR LIABILITY

·         IN GENERAL - You authorize us to credit or charge your Accounts for all transfers and payments initiated through the Services with your user ID and password. You are liable for all of these transactions and for all unauthorized transactions to the extent permitted by applicable law.  In addition, you acknowledge and agree to assume the entire risk of and liability for corruption of any other software or malfunction of your Computer used in connection with using the Services.

·         FOR UNAUTHORIZED TRANSFERS - If you believe your user ID or password has been lost or stolen, or that someone transferred or may transfer funds from your Account without your permission, please call us immediately at 800-431-7522. A message can be left after our normal business hours and will be considered received upon retrieval the next business day.

If you tell us within two business days after you discover your user ID or password has been lost or stolen, you can lose no more than $50 if someone uses your User ID or password without your permission. If you do not tell us within two Business Days after you learn of the loss or theft of your user ID or password, and we can prove that we could have stopped someone from using your user ID or password without your permission if you had told us, you could lose as much as $500. If your Periodic Statement contains transfers that you did not make, tell us at once as directed in the Errors and Questions section of this Agreement. If you do not tell us within 60 days after a Periodic Statement is made available 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 had you told us within this time frame.

15.       OUR LIABILITY

We will use our best efforts to make all your transfers and payments properly. If you comply with this Agreement and all other instructions we give you, and we do not properly complete a bill payment on time or in the correct amount, we will pay any late fees or finance charges that you reasonably incurred as a result as long as your account was in good standing with the payee prior to this incident. We will not be liable for any payment, including any late charges or penalties, if you do not (a) comply with this Agreement and such other instructions, (b) allow sufficient time for the payment to be processed.

Additionally, we have no obligation to make payments or transfers and shall incur no liability or obligation for late charges or penalties if we are unable to complete any payments that you initiate through the Services due to any one or more of the following circumstances:

1.      Your Account is closed, does not contain sufficient available funds to complete the payment or transfer, or is subject to legal process or otherwise encumbered;

2.      Your equipment, software, or the Services are not working properly and you know, or are advised, about the malfunction before you execute the transaction,

3.      The Payee mishandles or delays a payment sent by us on the Scheduled Payment Date or the payment is delayed or mishandled in the United States mail;

4.      You do not provide us with the correct names, telephone number or account information for Payees;

5.      Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force, strikes, lockouts, war, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, service interruptions on the Internet or through your Internet service provider, or our equipment malfunctions that occur despite ordinary maintenance) prevent the proper execution of the transaction and we take reasonable precautions to avoid these circumstances;

6.      This Agreement is terminated;

7.      Applicable law prevents completion of the transfer; or

8.      Unusual or extraordinary circumstances that indicate improper or unlawful use of your Account.

Provided none of the circumstances stated above are applicable and provided further that our failure to comply was a result of a good faith error, we shall be responsible for returning the improperly transferred funds to your Account and for directing any previously misdirected payments or transfers to the proper recipient if we cause an incorrect amount of funds to be removed from your Account or cause funds from your Account to be directed to a person or entity that does not comply with your payment instructions. We make no representation that the Services will be uninterrupted or error-free.

Our sole obligation to you arising out of non-availability, interruption, or delay in providing the Services shall be to use commercially reasonable efforts to resume the Services.


THE PROVISIONS CONTAINED IN THE PRECEDING PARAGRAPHS OF THE “OUR LIABILITY” SECTION OF THIS AGREEMENT CONSTITUTE OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE, OR ANY OF OUR AGENTS OR SUBCONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF SOFTWARE, EQUIPMENT, AND/OR THE SERVICES. WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSS THAT MAY BE CAUSED TO ANY EQUIPMENT AND OTHER SOFTWARE DUE TO ANY VIRUSES, DEFECTS OR MALFUNCTIONS.

16.       EXCLUSION OF WARRANTIES

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

17.       CUSTOMER SERVICE.  Please call the Customer Service Center at 800-431-7522 with your questions or if you need assistance in using the Services.  The Customer Service Center hours are 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to noon on Saturday. 

18.       ERRORS AND QUESTIONS - In case of errors or questions about your online banking and bill payment transactions, you should:

1.      Telephone us at 800-431-7522 or

2.      Write us at :
Capital City Bank
ATTENTION: Deposit Operations
P O Box 1433
Topeka, Kansas 66601-1433

as soon as you can if you think that your Periodic Statement is wrong or you need more information about a transfer or bill payment listed on the Statement. We must hear from you no later than 60 days after we make available to you the first Periodic Statement on which the problem or error appeared.

You must:

1.      Tell us your name and Account number;

2.      Describe the error or transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and

3.      Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send your complaint to us in writing within 10 Business Days.

We will tell you the results of our investigation 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 do decide to do this, we will credit your Account within 10 Business Days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete the 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 re-credit your account.

If we decide there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

19.       RETURN ITEMS AND OVERDRAFTS. At our discretion, we may return or not complete an electronic bill payment or transfer for any of the reasons stated in this Agreement, including where there are not sufficient available funds in your account to cover the transaction. We will send you notification of any payment or transfer that we do not complete. If you make a payment or transfer that is returned, or that is paid on an overdrawn Account, you will incur our standard overdraft fees as stated in your Account disclosure. Additionally, you agree to reimburse us immediately upon demand for the amount of the payment or transfer and any related fees or charges.

20.       STATEMENTS AND RECORDS.  You can use the Services to view or print a statement of transactions from your Account. These statements are not considered official Bank records, nor are they Periodic Statements. You will continue to receive Periodic Statements for all checking, NOW, savings, and money market Accounts.

Your use of the Services, conversations with our personnel, and email messages may be monitored or recorded in order to help us provide you with better service. You consent to this as a condition of using the Services.

21.       MODIFICATIONS OF ACCOUNTS AND SERVICES. If you use the Services to change any Accounts, services or information pertaining to your Accounts and services, you authorize us to accept your electronic request as though it was made in writing and signed by you.

22.       NOTICES AND EMAIL.  You may use the Services to send us email messages. We may also send messages and notices to you via the Services. You should never send us confidential information by Internet email; you should send this type of information to us using the Bank Mail screens in the Services. All information that you provide to us using the Bank Mail screens is encrypted for your security and privacy.

Email messages you send to us are not considered received by us until they are opened by our representatives. However, if you must contact us immediately, such as if you suspect unauthorized use of your Account; you should contact us at the telephone number listed in the Errors and Questions section of this Agreement to ensure that your inquiry receives prompt attention.

23.       ADDRESS CHANGES.  You agree to notify us promptly, in writing, of any change of address at:  Capital City Bank, Customer Service Center, P O Box 1433, Topeka, Kansas, 66601-1433.


 

24.       DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES.  We may disclose information about your Account or the bill payments or transfers you make to third parties:

1.      Where it is necessary for completing transactions;

2.      To verify the existence and condition of your Account to a third party, such as a credit bureau or Payee;

3.      To utilize services of third parties and affiliate entities who assist us in providing the Services;

4.      To comply with government agency rules or court orders;

5.      If you give us your permission;

6.      If any of your Accounts become delinquent or overdrawn, or involved in legal proceedings, information may be released to attorneys, accountants, collection bureaus, financial institutions, and others involved in collection, adjustment, settlement or reporting;

7.      To protect against potential fraud and other crimes; or

8.      When otherwise permitted by applicable law.

25.       INFORMATION AUTHORIZATION.  You authorize us to obtain credit information about you at any time. You also agree that we may obtain additional information from a Payee or financial institution regarding your Account to resolve payment problems.

26.       TERMINATION OR DISCONTINUATION - If you wish to discontinue use of the Services, you must send us a signed written request by United States mail to Capital City Bank, Customer Service Center, P O Box 1433, Topeka, Kansas  66601-1433 at least 10 days prior to termination. If you discontinue the Services, it is your obligation to cancel all outstanding scheduled payments and transfers.  If you do not cancel your outstanding payments and transfers, we may continue to make these payments and transfers.  Once we have acted upon your termination notice, or if we terminate your use of the Services, we will make no further transfers or payments from your Accounts through the Services, including any transfers or payments you have previously authorized.

We may suspend or terminate your use of the Services at any time without notice. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.

27.       RECEIVING ONLINE BANKING DISCLOSURES AND NOTICES.  By accepting the Agreement, I agree to receive all disclosures, notices and other communications about Online Banking services, including amendments to this Agreement, in electronic form.  If I do not wish to receive such notices and communications via electronic delivery, I must notify the Bank in writing that I elect not to receive such items electronically, and send such notification to Capital City Bank Customer Service Center, P.O. Box 1433, Topeka, KS 66601-1433.

28.       CHANGE IN TERMS.  This Agreement may be changed at any time, effective upon posting the changed Agreement on this Internet Site.  Continued use of Online Banking after posting of a revised Agreement will constitute acceptance of the changed terms of this Agreement.

Additionally, we may revise or update the Services at any time. We reserve the right to terminate your use of prior versions of the Services, and limit access to more recent revisions and updates. If any expanded Services are made available to you, you agree that any additional or modified Services are also subject to this Agreement, and as it may be amended.

29.       DEPOSIT AND CREDIT AGREEMENTS. This Agreement is in addition to all other agreements you have with us, including the Account Disclosures and credit agreements relating to your Capital City Bank credit accounts, including any disclosures made pursuant to such agreements (“Credit Agreement”). If your Account Disclosures or Credit Agreement do not address online access or use of your Account, this Agreement modifies your Account Disclosures or Credit Agreement to include online access or use of your bank and/or loan accounts.

30.       GENERAL - This Agreement shall be governed by Kansas law and is subject to applicable law. Your Account is also governed by the terms and conditions contained in The Account Disclosures. We may enforce any of our rights under the Agreement even if we choose not to exercise any right in a particular circumstance. The invalidity of any provision of this Agreement shall not affect other provisions.

All representations regarding liability and warranties, including but not limited to, the Your Liability and Our Liability sections of this Agreement, shall survive termination of this Agreement.

You may not assign this Agreement to any other person or entity. We may assign or delegate certain of our rights and responsibilities under this Agreement to affiliate entities, independent contractors or other third parties. If more than one person is authorized to use the Services, they are bound jointly and severally under this Agreement and the Bank may act on the instructions or orders of any authorized user.

By using Online Banking, you will be deemed to have accepted this Agreement.