City National Bank

I. Introduction
II. Agreement Terminology and Definitions
III. Service Information
IV. Security
V. Eligible Accounts
VI. Online Banking Service
VII. Bill Payment Service
VIII. Responsibilities
IX. General Provisions
X. Electronic Fund Transfer Provision for Consumers (Depositor Agreement)



I. Introduction

  1. Overview

This is the agreement for your Online Banking and Automated Bill Payment Service ("Agreement") and certain disclosures for electronic fund transfers. This Agreement governs the terms and conditions for your use of Online Banking and Bill Payment Services offered by City National Bank of Florida .

In order for Online Banking Service to be available to you, you must request the service and the accounts that will be accessed
and we must approve the service in connection with those accounts. This Agreement applies to all persons who are parties to the accounts. Your receipt of this Agreement does not mean that the services are activated for you. Please read this document carefully and print a copy for your records.

  1. Terms of Acceptance

When you use our Services or you permit any other person or other entity to use our Services, you agree to the terms and conditions we have set out in this agreement and any instructional material, which we provide you regarding the Services. Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications, which are acceptable to us. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.

You are responsible for selecting all hardware and software and your Internet provider, and for any defect or malfunction, including interruption of Internet service.

  1. Terms of Agreement

This Agreement is in addition to any other agreements or disclosures between the customer and City National Bank of Florida, including but not limited to the Bank's ?Deposit Agreement", " Personal Accounts Disclosure and Schedule of Fees", "Commercial Accounts Disclosure and Schedule of Fees", "Electronic Fund Transfers Agreement?, "Signature Card", and any change of terms notices governing your Checking and Savings Accounts. Please refer to these Agreements or Disclosures for more information regarding your accounts.

  1. Customer Authorization

Further, you authorize the Bank and appropriate third parties to debit, transfer and process instructions initiated under your User ID. City National Bank of Florida is entitled to act on instructions received through City National Bank of Florida Online Banking and Bill Payment services under your User ID.

  1. Electronic Fund Transfers Act

The Electronic Fund Transfers Act governs some of the transactions permitted under this Agreement, and some of the terms and conditions of this Agreement are disclosures required by the Act. Business Accountholders are not entitled to those rights provided to Consumers by the Electronic Fund Transfers Act. Therefore, the Electronic Fund Transfers Disclosure is not applicable to Business Accounts.


II. Agreement Terminology and Definitions

  1. Online Banking is the internet-based service providing access to your Bank account(s); the service this Agreement is providing.
  2. Online Account means the eligible deposit or loan accounts owned by you, that you have listed on the "Application for Online Banking" for inclusion in the Online Banking and Bill Payment Service.
  3. ISP refers to your Internet Service Provider.
  4. PC means your personal computer, which enables you, with the Internet browser and ISP, to access your Online Account.
  5. Eligible Account refers to the following personal or non-personal account types that may be linked: checking, savings, money market, consumer loan (personal only), and time deposits.
  6. Consumer is used to refer to a natural person who owns an Eligible Account with respect to which an Online Banking Service is requested primarily for personal, family or household purposes.
  7. Non-Personal refers to business or commercial accounts that are used primarily for non-personal use.
  8. Authorized Representative is used to refer to a person with authority of any kind with respect to an Eligible Account or Online Banking Transaction.
  9. Customer is defined as the individual utilizing the services of Online Banking.
  10. Account is defined as the Online Account the Customer designates as their Primary Account for Online Banking to pay bills and have service charges deducted. Note: Transaction limitations applicable to savings and money market accounts are addressed in the Agreement. For business customers, only the City-Smart Business Checking Account may be used as a Primary Account.
  11. Primary Account see the definition of Account above.
  12. Time of day reference is Eastern Standard Time (EST).
  13. Online Bill Payment Service is an optional online service within Online Banking that enables the scheduling of single payments as well as recurring payments using a personal computer.
  14. Bill Payment Account is the account indicated on the Bill Payment Service Application for posting of payment transactions generated electronically by the service.
  15. Block is an Online Banking account status that prevents current and pending bill payment transactions from being made.
  16. Business Day Our business days are Monday through Friday except Federal bank holidays.
  17. Insufficient Funds means that the amount of funds in an account is less than the amount of an item or transaction being presented for payment or execution.
  18. Unavailable Funds means that the amount of available funds in the account is less than the amount of an item or transaction being presented for payment or execution.
  19. Online Services ( Services ) means that information, communication and transactions provided to you by us through any non-branch remote channel (excluding ATMs), including the web site www.citynational.com
  20. We, Us, or Bank refers to City National Bank of Florida which offers the Services and which holds the accounts accessed by the Services;
  21. You or Your means each person who has an interest in an account or other relationship, which is accessible through the Online Services and any person authorized such access.

III. Service Information

  1. Computer Requirements

In order to provide user-friendly and an intuitive interface, several standards have been maintained in the areas of screen navigation, data-entry procedures, and button activation.

  1. Minimum Technical Specifications

•  Browsers such as Netscape® Navigator versions 4.7 or later versions, America Online 6.0 or higher.

•  Microsoft® Internet Explorer versions, 5.0 or higher are required in order to accommodate security requirements. In addition, Java Script and cookies must be enabled on the browser used.

•  For up to date information please click this link Online Help

  1. Technical Assistance

•  If you experience any technical difficulties, contact Online Banking Customer Support at 1-866-CNB-EPAY (1-866-262-3729) or email using the Contact Us link provided in our web site under Important Information ..

  1. Account Access

To have access to the Services you must be an authorized user of the Software you select, if required for use with the Equipment. You must have an established United States address with City National Bank of Florida to utilize Online Services. You must also have at least one eligible personal deposit account or one non-personal deposit account with us.

If you close your primary personal or non-personal checking account, your services will end and any unprocessed bill payment transactions will be cancelled.

  1. Access Codes

During your enrollment for the Services, you are required to select your password and will be assigned: a User Name and a Customer Access Number. Additional numbers and words may be required depending on the type of service you selected. Use of these Access Codes, is the agreed security procedure to access the Services. You agree to keep these numbers, words and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. For security purposes we recommend that you do not use the same Access Codes you use on other bank products.

  1. Available Services

Depending upon the particular features and the equipment you select, you may be allowed access to the following Services by first entering your Access Codes:

  1. Online Banking . You many use Online Banking to access Account Information, Stop Payment, Check Reorder and to make Funds Transfers between Eligible accounts. Transfers made after 8:00pm Eastern Time on a business day will be processed on the next business day.
  2. Check Images . Check Images are only available for 90 calendar days.
  3. Online Bill Pay . You may use Online Bill Pay to make one-time, future-dated, and repeating payments from an Eligible account.
  4. Bill Payments . We recommend all bill payments be scheduled at least five business days in advance of the due date presented by the Payee. Bill payments scheduled before 8:00pm Eastern Time on a business day will be processed on that business day. Bill payments scheduled after 8:00pm Eastern Time will be processed on the following business day. If the Payment Date falls on a Sunday, or a Federal bank holiday the Payment Date will default to the next business day.
  5. Intra Bank Transfers . Transfer funds between your City National accounts and other financial institutions, including other banks, credit unions and brokerages.
  1. Use of Services

In addition to the terms, conditions and information provided in this Agreement, you agree to abide by the terms, conditions, and other limitations contained in the Disclosure information link at the bottom of each page of citynationalcm.com, as provided at http://www.citynationalcm.com/home/disclosures. You also agree to be bound by other express limitations and restrictions related to the Services provided under this Agreement and elsewhere on citynational.com. Product descriptions, definitions, explanations of uses, Frequently Asked Questions, Glossary of Terms, and Helpful Hints provided on citynationcm.com are provided for your convenience only, click FAQ's

  1. Request for Stop Payment . You may use Online Banking to initiate stop payment orders with respect to certain unpaid checks. Bank will use reasonable care in acting upon user's stop payment orders. However, you understand and agree that the Bank shall in no way be liable in the event that a check subject to a stop payment order is paid within 24 hours of when the order is submitted to Bank. You further understand and agree that each stop payment request will remain in force for a period of six months, at which time it will expire, and that any six month renewals (or portions thereof) shall be subject to a charge as set forth in Bank's service charge schedule in effect from time to time. Authorized Representative hereby agrees to hold Bank harmless for any stop payment amount as well as for expenses and costs incurred by Bank as a result of refusing payment of a check subject to a stop payment order. Additionally, Authorized Representative understands and agrees that Bank may disregard any stop payment order, or any renewal or withdrawal, that is not submitted by you or an authorized representative of the account or in such a manner as to afford Bank a reasonable opportunity to act on it. In addition to the above, authorized representative acknowledges and understands that any prior verbal stop payment orders communicated to Bank by Principal are not valid or recognized by Bank.
  1. Email

    1. Through the use of certain Equipment and/or Software, you can use electronic mail (email) to contact us about inquiries, maintenance and/or problem resolution issues. Email is not a secure method of communication over the Internet and we recommend you do not send confidential information by email. If you would like a secure way to contact us, use the electronic forms provided inside the Online Banking Service Product or by email using the Contact Us link provided in our web site under Important Information.
    2. Email Addresses Requirement
      • Email addresses must contain an @ sign and a period (.). As an example: user@AOL.com .
    3. Under Security Notice learn more about Email Scams and Online Fraud or click on link below.
      https://www.citynationalcm.com/onlineserv/HB/email.html
    4. A valid email address is required to use Online Services. It is your responsibility to ensure we have a valid email address at all times. You can update your email address on the Internet by accessing your Online Banking Service and selecting user option, or by calling Online Banking Services at (866) 262-3729.
  1. Online Fees

    Once you are an enrolled user of the Services, you may be charged the applicable Monthly Fee and/or Usage Fee whether or not you use the Services

    1. Primary Account: The Checking Account you designate at the time you enrolled for Online Banking will be the checking account from which all bills will be paid. Any other charges associated with the Service will also be deducted from the designated account.
    2. Fee Schedule: You agree to pay any and all fees associated with these services and for other services utilized through Online Banking as outlined in the Bank's "Personal/Commercial Accounts Disclosures & Schedule of Fees" for both Personal and Commercial accounts.
    3. Payment of Fees: Once you apply and are approved for Online Banking and/or Bill Payment, you will be charged all fees whether or not you use the service.
    4. Authorization of deduction: You authorize us to deduct all applicable Online Banking and Bill Payment Service fees from your designated Checking Account. We may change or add fees for Online Banking Services at any time with 30 days prior written notice. Until such notice, fees in the appropriate Accounts Disclosures & Schedule of Fees will apply. Refer to link below: https://www.citynationalcm.com/home/disclosures

IV. Security

  1. Password

In order to maintain secure communications and reduce fraud, you agree to protect the security of your customer access number, password, public keys or other means of identification. We reserve the right to block access to the Services to maintain or restore security to our site and systems, if we reasonably believe your Access Codes have been or may be obtained or are being used or may be used by an unauthorized person(s).

  1. Password must be 8 to 16 characters in length. It must include at least 1 alpha character, 1 numeric character and non-alphanumeric characters (#, ^, *, etc.) combined.
  2. Password responsibility: You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:

    •  Your password is a unique identifier that should not be shared and it should be memorized.

    •  Your password should not be associated with any commonly known identification that is known by others to be associated with you. They should not be phone numbers, proper names, addresses, dates of birth, or the names of your children or pets. When possible, they should be alphanumeric to increase their effectiveness.

    •  Do not give out your account information, Password, or User ID.

    •  Do not, under any circumstance, disclose your password by telephone or to any one claiming to represent City National Bank of Florida; City National Bank of Florida's employees do not need and should not ask for your password.

    •  You are liable for all transactions made or authorized using your password. City National Bank of Florida has no responsibility for establishing the identity of any person using your password. If, despite City National Bank of Florida's advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your City National Bank of Florida Online Banking and Bill Payment Services password or other means of access will have full access to your accounts even if you attempt to limit that person's authority.

    •  Do not leave your PC unattended while you are in the Bank's Online Banking site.

    •  Never leave your account information within range of others.

    •  Do not send privileged account information (account number, Password, etc.) in any public or general email system.

  1. Lost or Stolen Password

    •  If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Bank immediately at 1-866- CNB-EPAY (1-866-262-3729) between the hours of 8:00 a.m. EST to 6:00 p.m. EST, Monday through Friday. Telephoning the Bank is the best way of minimizing your losses and liability.

    •  If you believe your Password has been lost or stolen, please use the Password change features within the Online Banking section of the Web site to change your Password.


V. Eligible Accounts

  1. Types of Accounts

    Eligible accounts include the following personal or non-personal account types that may be linked: checking, savings, money market, consumer loan (personal only) and time deposits. Accessibility of Eligible accounts may vary based on the service(s).

    A personal or non-personal account that requires two or more signatures to make withdrawals, transfers or transactions may not be designated as an Eligible account.

  2. Eligible Account policies

    Each Eligible Account and Online Service will be subject to the following:

    •  The terms or instructions appearing on a screen when using a Service.

    •  City National Bank of Florida rules, procedures and policies applicable to each Eligible Account and each Online Service.

    •  The rules and regulations of any fund transfers system used in connection with an Online Service and applicable state and federal laws and regulations.

    •  A personal or non-personal account that requires two or more signatures to make withdrawals, transfers or transactions may not be designated as an Eligible account.

  3. Joint Account Access - Authorized Use

    You hereby release City National Bank of Florida from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your password to such person, or, in the case of a jointly held account such person is one of the owners of the account. A person who has been furnished your password is considered an authorized user, unless you have notified the bank that activity by that person is no longer allowed.

  4. Access liability

    You agree to indemnify City National Bank of Florida and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.

    There are two ways for joint account holders to enroll.

    •  One holder of a joint account can enroll for the Online Service

    •  Or both account holders may enroll separately and each will have his/her own password, and his/her own separate Online Banking Services Agreement. Each such joint account holder is subject to separate Online Banking Service fees as applicable.

  5. Waiver of Requirement for Two Signatures

    Principals recognize that any requirement of verifying two signatures on checks or dollar limit, if such a requirement exists, does not apply to electronic or telephone transfers, including online bill payments, and release Bank from liability when making such transfers or payments.

    •  Any person who is authorized to act as a signer on your account shall be authorized by you to individually make electronic or telephonic transfers, including online bill payments from your account. Even though that person's authority to transfer or withdraw funds from your account by some other means such as by check must be exercised jointly with one or more other persons.

  6. Commercial Accounts

    If you are a non-personal (commercial) account holder, any authorized user of your commercial accounts is authorized on such terms, conditions, and agreements as we may require to:

    •  Enter into this Agreement, as amended from time to time.

    •  Access each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future.

    •  Use any Online banking service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.

    •  Waive any requirement of more than one signature or dollar limit, if such a requirement exists, to electronic or telephone transfers, including online bill payments, and release Bank from liability when making such transfers or payments.

  7. Linked Eligible Accounts

    If you have more than one personal or non-personal account or other relationship with us we will "link" the relationships together with the primary personal or non-personal account (non-personal checking account cannot be linked to a primary personal checking account) unless you request certain personal or non-personal account not be linked.

    Accounts, which are "linked" under the Services, will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through the Service.

 


VI. Online Banking Service

  1. Overview

    Within the Online Banking Service are several features: Account Summary, Transfer Funds, Account Export, Stop Payment, Check Order, Scheduled Transfers, Bill Payment and others.

  2. Primary Account

    You select the accounts you would like to access through the Online Service. One of the selected accounts must be designated as the primary account. The primary account must be a Checking account. Once you have selected your primary account you may select additional accounts including checking, savings, money market, consumer loan, City-Line, Equity Line and time deposits. Accessibility of Eligible accounts may vary based on the service(s).

  3. Account Information

    You will have access to updated balance and transaction information for all City National Bank of Florida deposit and loan accounts which you choose to include on the Online Banking Service.

  4. Transfer Funds Overview

    This feature allows you to transfer funds between authorized accounts as required, or to make schedule transfers. You may make one-time transfers, schedule future, or recurring transfers, such as transfers to make loan payments. You may transfer funds among your checking accounts, savings accounts and money market accounts.

    •  We reserve the right to limit the frequency and dollar amount of transactions between your accounts for security reasons.

    •  Your ability to transfer funds between certain accounts may be limited by applicable Federal and State law, as stated in the "Deposit Agreement" and the "Money Transfer Authorization and Agreement".

  5. Transaction Limitations

    Because regulations require the Bank to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:

    •  Money Market and Savings account . Regulations limit these accounts to a maximum of six pre-authorized transfers including, but not limited to, automatic, wire, Internet, or telephone.

    •  Money Market Accounts require that not more than three of the six pre-authorized transfers may be made by check, draft or debit card payment to a third party.

    •  The number of transfers or withdrawals made in person, by ATM, by mail or by messenger is not limited .

 

  1. Transfer Types Allowed

    •  Request the balance in your account.

    •  Pay bills to third parties using the Bill Payer or through Bill Presentment service (subject to availability ).

    •  Transfer money from your Primary Checking Account to make loan payments for loans you have with City National Bank of Florida .

    •  Transfer money from your Cityline and Equity Line Accounts to your Primary Checking Account.

    •  Transfer money between your City National Bank of Florida accounts and those held at other financial institutions including investment firms.**

    •  Transfer money between your City National Bank of Florida accounts to an account held by a recipient (pay people feature under funds transfer service).**

    •  Export account information to your personal financial management software (such as Quicken® or Money®).

**Refer to the Funds Transfer Service Agreement for applicable limitations and relevant fees.

  1. Charges for Transfers

    CNB Online Banking - There are certain charges that apply to the use of the CNB Online banking service. A list of these charges is contained in the Bank's Personal Accounts Disclosure & Schedule of Fees. Specific fees relating to Funds Transfer services (i.e. Pay People and Funds Transfer) can be found under this separate disclosure.

    Your account(s) remain subject to the bank's standard monthly fees as well as fees for miscellaneous services. Refer to the Bank's Personal Accounts Disclosure & Schedule of Fees.

  2. Electronic Email

Email Overview

If you send the Bank an e-mail message, the Bank will be deemed to have received it on the following business day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

•  NOTE : E-mail transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, password, account information, etc. via any general or public e-mail system. If you wish to contact us electronically, please use the by email using the Contact Us link provided in our Online Banking site. Use this secure form to e-mail the Bank regarding inquiries about an electronic fund transfer error resolution, reporting unauthorized transactions, or contacting the Bank regarding other concerns of a confidential nature.

  1. Additional Services

    New services may be introduced for Online Banking from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.


VII. Bill Payment Service

  1. Description of Service

    The Bill Payment Service permits you to use your Internet-enabled PC to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be the same as your Primary Account. Through the Bill Payment Service, you can pay bills from your Primary Account to businesses or individuals.

    1. Bill Payments: You may also use the Service to pay bills if you choose the Bill Payment Service. Unless the context clearly requires otherwise, all references to the "Service" herein also refer to the Bill Payment Service as long as you subscribe to the Bill Payment Service. With the Bill Payment Service, you may: (i) make current, future, or recurring payments to certain companies or individuals you select; and (ii) make current, future, or recurring payments directly to your loan or credit accounts with us. You may make bill payments in any amount greater than or equal to $1.00 and less than $9,999.99. Bill payments should not be made to pay taxes or child support, maintenance, alimony or other court-ordered obligations.
    2. Payment Account: When you sign up for the Bill Payment Service, you must designate a checking account with us as the account from which bill payments should be made (the "Payment Account").
    3. Payees: You may designate payees through the Bill Payment Service. You must provide sufficient information about each Payee as requested from time to time to properly direct a payment to that Payee and permit the Payee to identify the correct account to credit with your payment. This information may include, without limitation, the name and address of the Payee and your Payee account number. The Payee must have a United States payment address that can be verified in the ordinary course of business. Occasionally a Payee may choose not to participate in the Bill Payment Service or may require additional information before accepting payments. While we work with these Payees to encourage them to accept an electronic or check bill payment through the Bill Payment Service, the Payee may not accept such bill payments or may not be able to process bill payments in a timely manner. In that event, we may decline to make future payments to this Payee and a notice will be sent to you.
    4. The date that you request a bill payment is the "Initiation Date". The date that an electronic fund transfer is made from the Payment Account or a check is drawn on the Payment Account to make the bill payment is the "Transaction Date".
    5. Authorization: When you schedule a bill payment using the Bill Payment Service, you authorize us to follow the payment instructions and transfer funds from your Payment Account with us to the Payee. We may refuse to act on your instruction if sufficient funds, including funds available under any overdraft plan, are not available in your Payment Account on the date you want us to process your payment (the "Transaction Date"). We reserve the right to refuse to make any bill payment.
  2.   Scheduling Payments

    Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Sunday, or Federal holiday), funds must be available in your Bill Payment Account the following business day (e.g. Monday). After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.

    You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals.

    1. Today Payments. You may schedule the Transaction Date of a bill payment to be the first Business Day after the Initiation Date by designating the bill payment as a "Today Payment". You must have sufficient available funds in the Payment Account on the Initiation Date. Today Payments may be changed or canceled only during the course of the online session during which the bill payment is requested.
    2. Future Payments. You may schedule the Transaction Date of a bill payment to be a future date within 365 days of the Initiation Date by designating the bill payment as a "Future Payment". You must have sufficient available funds in the Payment Account as of the Business Day immediately preceding the Transaction Date. Future Payments may be changed or canceled online until 10:00 p.m. Eastern Standard Time (EST) of the Business Day before the Transaction Date.
    3. Recurring Payments. You may schedule a bill payment to be automatically initiated in a fixed amount on the same Transaction Date every month by designating the bill payment as a "Recurring Payment". The date on which a bill payment is scheduled to be initiated is referred to below as the "Recurring Payment Date". If the Recurring Payment Date is a date that does not exist in a certain month, the bill payment will be initiated on the last Business Day of the month.

    For example,

    •  If you schedule a bill payment for the 30th of each month, the bill payment for the month of February will be initiated on or before the 28th of February. If the Recurring Payment Date falls on a day other than a Business Day in any month, the bill payment will be initiated on the next Business Day.

    •  If you schedule a check to be issued on the 15th of each month, and the 15th is a Saturday or Sunday of that month, a check will be issued on the first Business Day after the 15th. Thus, the actual Transaction Date for any month may not be the Recurring Payment Date. Recurring Payments may be changed or canceled online until 10:00 p.m. Eastern Standard Time (EST) of the Business Day before the Transaction Date.

  3. No Duty to Monitor Payments

    The Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Bank will not be liable in any way for damages you incur for any of the following reasons:

•  insufficient funds in your Bill Payment Account to make the payment on the processing date.

•  delays in mail delivery.

•  changes to the payee's address or account number unless we've been advised of the change in advance.

•  the failure of any payee to correctly account for or credit the payment in a timely manner.

•  Any other circumstances beyond the control of the Bank.

•  If you do not follow time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. However, the Bank will work with the payee on your behalf to reverse any late fees or charges on payments received late, but sent in accordance to the instruction of this agreement.

  1. Payment Processing Times

    Bill Payment Scheduling Rules

    •  The Bill Payment processor processes payments on all days excluding Sundays and Federal Reserve Board recognized holidays.

    •  In cases where a payment gets scheduled on a Sunday (this can potentially happen on a recurring payment), the payment is processed on the day before (Saturday). If you happen to be setting up the payment on this particular Saturday, the bill payment will be processed on the next banking business day.

    •  If the bill payment falls on a Federal Reserve Board holiday, the payment is processed on the following banking business day.

    •  Weekly recurring payments may not be scheduled on Saturdays.

  2. NSF Bill Payment

    If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is debited to your account, the Bill Payment Service will automatically block future Bill Payment Service until the account has sufficient funds to make the payment.

    •  The Bank will attempt to notify you by email or U.S. Postal Mail, but the Bank shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment.

    •  In all cases, you are responsible for either contacting Online Banking Customer Support at 1-866-262-3729 or Metavante Data Services, Customer Care at 1-800-823-7555 to either make alternate arrangements for the payment or reschedule the payment through the Service.

    •  In the case of recurring payments, only the payment currently scheduled will be impacted. Recurring payments scheduled for future dates will not be affected.

  3. Cancel or Change Payment Instructions

    •  A payment may be edited or deleted anytime before the payment is processed. For stop payment requests initiated after processing, you must contact the Bill Payment processor Customer Support at 1-800-823-7555

    •  Payments remitted electronically cannot be stopped.

  4. No Signature Required

    When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item, and without prior notice to you.

    When using Online Banking to pay bills, payment may be in the form of a paper draft. You agree that we may debit your designated Checking Account to pay paper drafts that you have not signed. Use of your Online Banking password is your signature authorization.

  5. Multiple Person Bill Payment Accounts

    If more than one person has access to a Bill Payment account, each person may individually enroll in the Bill Payment service.

    •  Each enrolled person needs a unique password but may choose to use the same payee list.

    •  Each individual may terminate her/his enrollment in the Bill Payment service without affecting the Service for any other person enrolled in that Bill Payment account.

    •  However, any enrolled person may terminate the Bill Payment service, which will terminate the service for all enrolled persons on that Bill Payment account.

  6. DISCLAIMER OF WARRANTIES

    NEITHER THE BANK NOR ANY SERVICE PROVIDER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY APPLICABLE LAW.

  7. Termination of Bill Payment Service

    •  If you have the Bill Payment Service and do not schedule or process a payment via the Online Bill Payment Service for six (6) consecutive months, City National Bank of Florida may terminate your Bill Payment Service.

    •  If you close your current Payment Account, you must notify us and designate a new deposit account that will replace the Payment Account within five (5) banking business days or City National Bank of Florida may terminate your Online Bill Payment service.


VIII. Responsibilities

  1. Bank's Responsibility

    1. Transfer Funds

    Bank's Responsibility for Processing Transactions. If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages.

  1. Other Liabilities

We are responsible for processing your instructions and requests. However, we will not be liable:

•  If you do not have sufficient or available funds in an Account to complete a transaction from that Account or if that Account has been closed.

•  If you have not properly followed the instructions on how to make a transfer or bill payment;

•  If you have not given us complete, correct and current instructions so that we can make a transfer or bill payment.

•  If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.

•  If we make a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.

•  If withdrawals from any of your Accounts have been prohibited by a court order such a garnishment or other legal process.

•  If your computer or software is not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment.

•  If losses or delays in transmission of instructions arising from the use of any Access Service Provider or caused by any browser software.

•  If the US Postal service causes a delay.

•  If circumstances beyond our control prevent making a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, telecommunications outage, postal strikes, delays caused by payees, fires and floods.

•  This is not all-inclusive. You should refer to your Deposit Agreement and other Disclosures for other exceptions to our liability.

IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

•  Indemnification . You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking account.

•  Third Parties . We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking account.

• Virus Protection. The Bank is not responsible for any electronic virus, viruses, spyware or other corruption of your computer that you may encounter. We suggest that you routinely scan your PC using a virus protection product, spyware, ad-aware or similar program. An undetected virus may corrupt and destroy your programs, files, and your hardware.

  1. Customers Responsibilities

    •  You are responsible for all transfers and bill payments you authorized using Online Banking. If you permit other persons to use your password to perform transactions, you are responsible for any transaction they authorized from your account.

    •  You should notify the Bank immediately if you believe any of your accounts have been accessed, your password has been accessed or your password has been used without your permission. Contacting the Bank right away will help reduce possible looses.

    •  You are responsible for the security of your workstation and must safeguard both the operating system and browser.

    •  There may be other exceptions to your liability as stated in the Deposit Agreement or the Electronic Funds transfer Disclosure provided by law.


IX. General Provisions

This Agreement shall be governed by the laws of the State of Florida and, where applicable, by Federal law.
  1. Term

  2. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.

  3. Termination for Cause

    We may immediately terminate your electronic banking privileges (including the Online Bill Payment Service) without notice to you under the following circumstances:

    •  you do not pay any fee required by this Agreement when due or

    •  you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason, as the above cause for termination is not all-inclusive.

  4. Termination for Convenience

To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). Your final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify the Bank by one of the following methods:

•  By email using the Contact Us link provided in our web site.

•  By calling 1-866-CNB-EPAY (866-262-3729)

•  By writing a letter and either sending it to the following address:

City National Bank of Florida
Attn: Electronic Banking Department
25 West Flagler Street
Miami , FL 33130

•  Or giving it to a Customer Service Representative at any of the Bank's locations.

  1. Inactive Account

    1. Inactive for 90 Days
      If you are not paying a monthly service charge for the Online Banking Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90 -day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
    2. Inactive for 6 months
      If you discontinue using Online Banking for 6 consecutive months, we reserve the right to delete your Online Banking user name and password from the system.

      •  The termination of your Online Banking access will not affect your deposit or loan accounts.

  2. Termination of Transactions

If you terminate Online Banking, you authorize us to continue making transfers and bill payments you have previously authorized until we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers of payments from your Accounts, including any transfers or payments you have previously authorized.

•  However, you must cancel any automatic recurring payments on line prior to termination, otherwise we will continue to make such payments.

•  If we terminate your use of Online Banking, we reserve the right to make no further transfers or payments from your Account, including any transactions you have previously authorized.

  1. Severability

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.

  1. Changes

We may change this Agreement at any time. Changes to this Agreement will be effective immediately after we make them, unless applicable law requires us give you advance notification. Those changes will be effective immediately after advance notice has been issued or upon the date stated in such notice, as required by applicable law.A copy of the agreement can be printed from our website or you may obtain a copy of any current Agreement by calling us at 1- (866) CNB-EPAY (1-866-262-3729) or by writing to:
City National Bank of Florida
Electronic Banking Department
25 West Flagler Street - 3rd Floor
Miami , FL 33130

  1. Periodic Statements

We will mail or deliver your periodic statements for your accounts as provided in the Deposit Agreement. In addition to reflecting your other account activity, your statements will include any transfer or bill payments you authorized using Online Banking. It is your responsibility to notify us immediately if you detect an error on your periodic statement.

  1. Click-Through Consent

You understand and agree that when you click on an "I agree" or similarly worded entry field, your agreement or consent will be legally binding and enforceable as the legal equivalent of a handwritten signature.

  1. Assignment

We can assign our rights and delegate our duties under this Agreement to a company affiliated with us or to any other party. You may not assign your rights or duties to anyone else.

  1. Notices

Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.

  1.   Disclosure of Information

As described below, we will disclose information to third parties about you and your Accounts: •  When we have entered into an agreement to have another party process these services in order for us to provide you with Online Banking services. We will provide this party with information about your linked Accounts, your Online Banking and Bill Payment Service transactions and your electronic mail messages in order to carry out your instructions.

•  Where it is necessary for completing transfers and bill payments.

•  In order to verify the existence and condition of a Payment Account for a payee or holder of a check issued by Online Banking.

•  In order to comply with laws, government agency rules or order, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information.

•  At our discretion, we may disclose to affiliated companies information about your Accounts and transactions that you have made to or from your Accounts in accordance with our Privacy Policy.

•  If we close your account because it has been maintained in an unsatisfactory manner.

•  If you give us your written permission, or

•  For any legitimate business need.

  1. Error Resolution Notice

In case of errors or questions about transactions, fund transfers and bill payments

Online Banking Service
Call 305-349-5490 or 1-866 CNB-EPAY (1-866-262-3729) Or

•  Write to:
City National Bank of Florida
Attn: Online Banking Department
25 West Flagler Street
Miami , FL 33130

Bill Payment Service
Call 1-800-823-7555 (Customer Care) Or

•  Write to:
Metavante Data Services
P.O. Box 3252
Milwaukee, WI 53201-3252

  1. Error Resolution Process - refer to section X. below.


X. Electronic Fund Transfer Provision for Consumers (Depositor Agreement)

  1. Applicability

    These provisions are only applicable to online electronic fund transfers which credit or debit a consumer's checking, savings, money market or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, the Bank may rely on any exceptions to these provisions which are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.
  1. EFT Liability

The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:

  1. If you notify the Bank within two (2) banking business days after your password was lost or stolen, your liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less.
  2. If you fail to notify the Bank within two (2) banking business days after your password was lost or stolen, your liability will not exceed the lesser of $500.00 or the total of:

    •  $50.00 or the amount of unauthorized EFTs that occur within the two (2) banking business days; and

    •  The total of unauthorized EFTs which occur during the two (2) banking business days before notification to the Bank, provided the Bank establishes that these EFTs would not have occurred had the Bank been notified within that two-day period.

  3. You must report an unauthorized EFT, which appears on your periodic statement, no later than 60 calendar days of transmittal of the statement to avoid liability for subsequent transfers. Your liability will not exceed the amount of the unauthorized EFTs that occurred with the 60-calendar day period. You may also be liable for the amounts as described in sections 1 and 2 above.
  4. If the report is made orally, we will require that you send the complaint or question in writing within 10 banking business days. We will notify you with the results of the investigation within 10 banking business days and will correct any error promptly. If more time is needed, however, we may take up to 45 calendar days to investigate a complaint or question. If this occurs, we will credit your account within 10 banking business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 banking business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 banking business days (instead of 10) and 90 calendar days (instead of 45). If it is determined that no error occurred, a written explanation will be sent to you within three (3) banking business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
  5. You may notify the Bank by telephone, writing, or by email using the Contact Us link provided in our web site. Notification by general email to report an unauthorized transaction is not secure and therefore not advised.
  1. Telephone Numbers and Addresses

In case of errors or questions regarding an Online Banking or Bill Payment transaction,
call 1-866-CNB-EPAY (1-866-262-3729) or write us at:

City National Bank of Florida
Attn: Electronic Banking Department
25 West Flagler Street
Miami, FL 33130.

We must hear from you at the telephone number or address, listed above, no later than 60 calendar days after we sent you the FIRST statement on which the problem or error appeared. We will need:

  1. Your name and account number
  2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information.
  3. The amount in dollars of the suspected error and date on which it occurred.

Rev 0505



Agreement Form