First Citizens Bank Personal Online Banking Agreement
The terms and conditions you need to know to get started
First Citizens Bank is pleased to offer you the many benefits of personal online banking. Using your personal computer and the Internet, you will be able to obtain information concerning your accounts, transfer funds between certain accounts, arrange for the payment of your bills, and conduct other banking transactions as described in this Agreement, subject to the limitations of your software.
In this Agreement, "First Citizens Bank," "Bank," "we," "our," and "us," refer to First-Citizens Bank & Trust Company. "You" and "your" refer to any person authorized to access one or more accounts using online banking and each person who has an interest in an account or other relationship which is accessible through online banking. "Online banking" means the personal online banking service provided by First Citizens Bank, including online banking through Personal Financial Management ("PFM") software and online banking through firstcitizens.com. "Bill Pay Service" and "Service" refer to the electronic bill payment system available through online banking. "Electronic message" means an electronically transmitted message which allows the text to be displayed on equipment in the recipient's possession (such as a modem-equipped personal computer). An electronic message is considered written notice for purposes of this Agreement.
"Primary Account" refers to the one account that you have designated as the account from which all your online banking service fees (including Bill Pay Service fees) will be paid. Your Primary Account must be a checking account. "Account" or "accounts" refer to your accounts that may be accessed through online banking, including the account you have designated as the Primary Account. "Access Password" or "password" is the Personal Identification Number (or PIN) which has been assigned to you or which you select to access online banking. "Payee" is a person, business, or any other entity to whom you direct payments through the Bill Pay Service. "Agent" has the same meaning as used in the First Citizens Bank Deposit Account Agreement. "Payment instructions" are instructions you give us through online banking to make a payment on your behalf, from funds in an account that you designate, using the Bill Pay Service. "Transfer instructions" are instructions you give us through online banking to transfer funds between accounts you can access through online banking. "Business day" means any day Monday through Friday, except bank holidays. "Online Accounts" means accounts that are opened on firstcitizens.com. "Deposit Account Agreement" means the First Citizens Bank Deposit Account Agreement.
"PFM software" means versions of software, such as Intuit® Quicken® and Quickbooks®, through which you may access certain online banking services over an Internet connection. "firstcitizens.com" means online banking accessed over an Internet connection and viewed via a web browser. "Include," "includes," and "including" are used to indicate examples and not to limit what is covered. Other terms may be defined below.
Our Agreement with You.
Your use of online banking (including Bill Pay) is governed by this Agreement, the Disclosure of Products and Fees applicable to your accounts, your application (if required) for online banking and Bill Pay Service, any instructions we provide you on using online banking, and any other agreements applicable to the deposit or loan accounts you access through online banking, including our Deposit Account Agreement, any applicable overdraft protection agreement, and any other applicable loan agreement, as they all may be amended from time to time. Bill Pay is governed by your agreement with CheckFree, in addition to the foregoing. Any use of online banking by you, or by anyone you authorize, is your acknowledgment that you have received this Agreement, understand it, and agree to be bound by it. In the event of any conflict between this Agreement and any other agreement governing your deposit or loan accounts, this Agreement will control.
Access to Online Banking.
To use online banking, you need a computer, with modem or equivalent communications connection device, Internet service with a service provider of your choice, your password, and your Customer ID. You can also access online banking with an Apple iPhone® mobile digital device or a phone for AndroidTM 1. If you enroll in online banking at one of our branches or by telephone through FCDirect, we will assign you a password to use the first time you log in to online banking. At the time you first log in, you must select a new password. Alternately, in certain situations you may enroll in online banking on firstcitizens.com, in which case you will select your own unique Customer ID and password. Passwords must meet the Bank's criteria for passwords. You may change your password at any time, but not more than once on the same day. We may require that you change your password periodically. It is your responsibility to remember your password; we do not maintain a record of it.
To access online banking from a computer, you also need a web browser meeting the minimum requirements described on firstcitizens.com, which may change from time to time by notice to you. To use online banking through PFM software, you must license the PFM software from the applicable vendor and meet the minimum technical requirements of the PFM software and any additional minimum technical requirements described on firstcitizens.com, which may change from time to time. Your use of PFM software, a web browser, and Internet service are governed by your license and other agreements with the applicable vendor. You are responsible for correct installation and set-up of PFM software, the web browser, and your Internet service and their related security settings and for obtaining any new releases or updates required to use online banking. Your ability to access certain online banking services may be limited by the version of PFM software or web browser you are using. To print or electronically retain information you view using online banking, you must either have a printer or the ability to download the information onto your computer. Except as required by law or regulation, we do not provide paper copies.
Use of Your Password.
When you or any authorized user logs in to online banking using your Customer ID and password, you authorize us to follow the instructions we receive relating to your accounts and to charge and credit your accounts according to those instructions. Since your password is the principal security measure to protect access to your accounts, you agree that you will not give your password or make it available to any unauthorized person. If you do give your password or make it available to another person, you authorize that person to access your accounts through online banking and to give us online banking instructions relating to your accounts as an authorized user. You also authorize us to comply with those instructions even if that person exceeds your authorization.
Except to the extent prohibited by applicable law or regulation, you will be deemed to have expressly authorized any online banking transaction 1) initiated by you, at your direction, or with your consent (whether expressed or implied), 2) initiated by an agent with respect to any account which you may access through online banking, 3) initiated by a member of your household, whether or not related to you, 4) initiated by any person (or that person's agent) who is the owner or co-owner of any account which you may access through online banking, 5) which results in the transfer of funds between accounts you may access through online banking, even if subsequent transfers out of the accounts benefit someone else, 6) which is to or for your benefit (for example, the payment of a debt for which you are partially or fully liable), or 7) which you contend is unauthorized unless you cooperate fully with us in our investigation of the transaction, assign to us your right of recovery against the wrongdoer if we reconstitute your account, and cooperate fully with us in the recovery of any loss we sustain and the prosecution of any wrongdoer. Any person initiating the foregoing transactions will be deemed an authorized user except to the extent prohibited by applicable law or regulation.
If You Believe Your Password Is Lost, Stolen or Used Without Your Authority.
Please tell us AT ONCE if you believe your password has been lost, stolen, or used without your authority. You could lose all the money in your accounts, plus the maximum amount of any line of credit linked to your accounts. Telephoning is the best way of keeping your possible losses down. You should CALL US IMMEDIATELY at our toll-free number. If you cannot reach us by telephone, you may write to us. To call or write us, use the contact information provided in the Bank Contacts section at the end of this Agreement. You may also email us at email@example.com. Please refer to the Regulation E Disclosures in your Deposit Account Agreement and the section entitled "Your Liability for Unauthorized Transfers" for important information about your rights and obligations in the event of unauthorized transfers from your account.
Reliance on Your Instructions.
We may rely and act on instructions we receive through online banking from you, from anyone to whom you gave your password or made your password available, from anyone acting at your direction or with your consent (express or implied), from anyone acting with authority from you (express or implied), from any person who is an agent with respect to any account which you may access through online banking, and from any co-owner or other person having an interest in the account. All such instructions will be considered as having been given to us directly by you, and shall have the same authority as your written signature in authorizing us to comply with the instructions.
Services Available Through Online Banking.
You may use online banking to conduct the following account transactions: 1) obtain information concerning your deposit and certain of your loan accounts, 2) transfer funds between certain of your deposit accounts within First Citizens, 3) transfer funds from your deposit accounts to make payments on certain loan accounts with us, 4) transfer funds from your equity line of credit account to certain deposit and loan accounts, 5) request us to stop payment on checks, 6) reorder checks, 7) request copies of checks and statements, 8) pay bills electronically, and 9) request notification of certain transactional activity on your account(s). Further, you may register for Mobile Banking. If you use PFM software to access online banking, you will not be able to view or obtain information concerning installment loans or credit card accounts or transfer funds to make payments on installment loans or credit card accounts. Using the Bill Pay Service feature of online banking, you can direct that payments to third parties be made from an account that you designate. Your use of online banking to conduct these services is subject to the terms and limitations stated in this Agreement and the applicable instructions we provide you. We may introduce additional online banking services from time to time and will notify you as these new services become available. By using any new online banking services when they become available, you agree to be bound by this Agreement, any amendments to this Agreement regarding the new services, and any additional rules which we provide you concerning the new services. In addition, we may change or remove services as we revise or update online banking; in this case, we may terminate or modify this Agreement as to prior versions of online banking and limit access only to revised or updated services.
We make available an electronic statements program under which online banking customers may elect to receive their account statements through online banking. To maintain certain types of deposit accounts you must elect to receive your statements electronically ("e.statements"); for certain other deposit accounts election of e.statements is optional; however, you may be charged a paper statement fee if you do not elect e.statements. Consult our Disclosure of Products and Fees regarding account requirements and any statements fees.
If you receive e.statements, you will receive an email notifying you that your current account statements are available for viewing. The email will be sent to your current email address on record with us, so please advise us of your current email address. When available, your statements may be viewed in online banking and printed if you have a printer with appropriate printing software. You may be required to have additional software on your computer, such as Adobe®, in order to view the statements. If you receive e.statements, we may no longer send you paper statements. If you receive e.statements, you will be required to agree to additional terms for the electronic statements program. This provision merely serves to describe the program.
Accounts You May Access.
Subject to any restrictions we may impose from time to time, you may access certain of your First Citizens Bank deposit accounts through online banking. You must designate one of your accounts as the Primary Account for service charges.
Related Credit Lines and Loans.
If you have a line of credit/loans related to any of your accounts (such as Checkline Reserve, Checkline Reserve Plus, Capital Line or EquityLine), you agree that the line of credit may be accessed through online banking. You understand and agree that the provisions of the agreement relating to your credit line will govern overdrafts, automatic advances to maintain the minimum balance necessary to avoid account service charges, and direct advances resulting from your use of online banking. You authorize us to charge your related deposit account for any payments owed on your line of credit, regardless of whether the line of credit is in default.
You may use online banking to obtain balance information and transaction histories for certain deposit and loan accounts. If you use PFM software to access online banking, you may not be able to view or obtain information concerning installment loans or credit card accounts. Balance information and transaction histories reported through online banking may not include transactions which have occurred since the close of business on the previous banking day. Balance information shown for your deposit accounts may include Current Balance and Available Balance. These balance amounts may differ. The Current Balance is the ending balance in your account as of the close of the previous banking day and does not include any holds which may have been placed on your account. The Available Balance is the Current Balance less any holds and includes certain debits and credits which have taken place since the close of the previous banking day, for example, ATM deposits and withdrawals, cash deposits, wire transfers, and other online activity. The Available Balance provides the most current balance information. Transaction history information is available for your current statement cycle plus the previous two statement cycles.
Transfers from One Account to Another.
Online banking permits you to make one-time or preauthorized recurring transfers of funds from a deposit account or from your equity line of credit account to certain other accounts you have with us that you can access through online banking, including other deposit accounts, a line of credit or credit card, and installment loans (internal transfers) through the "Transfer" tab on online banking. If you use PFM software to access online banking, you may not be able to transfer funds to make payments on installment loans or credit card accounts. The "transfer date" is the date you enter for the transfer of funds from one account to another. Transfer of funds from a deposit or equity line of credit account to a deposit account will generally be processed simultaneously on the transfer date regardless of the day or time of the transfer. For example, if you transfer funds from deposit Account A to deposit Account B, the funds will be debited from deposit Account A and credited to the available balance in deposit Account B simultaneously on the transfer date. The funds will be available immediately upon the transfer for withdrawal from deposit Account B through an ATM or debit card transaction or at a teller window, and will also be available to honor checks or other items presented for payment against deposit Account B in the nightly processing following the transfer. Transfers of funds from a deposit or equity line of credit account to a loan account (including an equity line of credit account) will be processed as follows: 1) the transfer will be debited to your deposit or equity line of credit account when we execute the transfer on the transfer date (regardless of the day or time we receive your instructions); and 2) the transfer will be credited to your loan account during our nightly processing of the loan account. The transfer will be credited to your loan account on the transfer date if 1) the transfer date you designate is a business day, and 2) we receive your instruction to transfer the funds to your loan account no later than 9 p.m. Eastern time on the transfer date. If you designate a non-business day as the transfer date, or if we receive your transfer instructions after 9 p.m. Eastern time on the transfer date, the transferred funds will be credited to your loan account as of the next business day following the transfer date.
You can also make one-time or preauthorized recurring transfers of funds to and from your accounts held at other financial institutions (external transfers) through the "Payments" tab on online banking; however, you will be charged a fee for outgoing external transfers as disclosed in our Disclosure of Products and Fees.
Bill Pay Service.
The Bill Pay Service feature of online banking allows you to instruct us to pay bills designated by you in accordance with the instructions we provide you. Your Bill Pay Service transactions will be processed for the Bank by Fiserv® CheckFree® ("CheckFree")2, a major provider of electronic banking transaction processing services. References to "we" and "us" in this section refer to both the Bank and CheckFree. If you use PFM software to access online banking, some Bill Pay Service features and terms may differ from features and terms available or applicable to online banking through firstcitizens.com. In addition to this Agreement, your access to and use of the Service are governed by the instructions you receive from the Service and by CheckFree's terms and conditions for the Service.
a. Payment Instructions - In General. In designating a payee for bill payment, you must provide us with detailed "payment instructions." The Service will prompt you for needed information. You authorize us to follow your payment instructions and to rely on the accuracy of all information you provide. We reserve the right to select the method in which to remit funds on your behalf to the payee. Payment methods may include an electronic payment, an electronic to check payment, or a laser draft payment.
b. Designation of Payees. The Service (including CheckFree's terms and conditions) may specify prohibited types of payments and payees, such as payments to payees located outside the United States, and payments made at your own risk, such as tax payments and court ordered payments. You are solely responsible for any claims or damages resulting from your scheduling of these types of payments or from any payments to prohibited payees, whether or not we make the payment, and even if the payment is delayed or improperly processed. We reserve the right to refuse to pay any person or entity to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a person or entity designated by you; however, we are not required to notify you regarding a prohibited payee or any payment prohibited under this Agreement.
c. Payments. The "payment date" that you enter with your payment instructions is the date you want the payee to receive your payment and also is the date we will charge your account for the amount of the payment. Transactions begin processing approximately four (4) business days prior to the scheduled payment date. The Service will instruct you on the earliest payment date available when you enter your payment instructions. In order to ensure adequate time for the payee to receive the payment, the "payment date" you enter must be no later than the date you want the payee to receive the payment ("the payment due date"). If the actual payment due date falls on a non-business day, you must select a payment date that is at least one business day before the payment due date. Some payees require payment to be received before a certain time (such as 2 p.m.) on the payment due date; in this case, the payment date you enter should be at least one business day before the actual payment due date. The payment date you enter with your payment instructions should be prior to any late date or grace period. If your payment instructions do not meet all of these requirements, you bear the risk that the payee will not receive your payment by the payment due date, and you will be responsible for any and all late fees, penalties, finance charges and other actions taken by the payee.
d. Bill Pay Account. In your payment instructions, you must designate an account from which you will make payment for each bill you wish to pay using the Bill Pay Service ("designated account"). The Service will instruct you how to designate an account for a bill payment. You authorize us to charge the designated account according to your payment instructions. You agree that you will have funds available in the designated account for each payment on the payment date you have designated in your payment instructions; please review your Deposit Account Agreement and this Agreement regarding when funds are made available to your account, because funds are not always made available on the day of deposit or transfer. If you do not have sufficient funds in the designated account to cover the transaction, without notice to you, we will decide, in our discretion, whether or not to complete the transaction, and we may make additional attempts to debit your account for the amount. We also will debit associated service fees and charges (such as insufficient funds or "NSF" fees) in accordance with our agreements and policies. You are responsible and agree to reimburse us for all NSF and related service fees and charges, and you remain liable to us for all funds we have advanced plus applicable service fees and charges until we are paid in full. Availability of funds in other accounts will not prevent insufficient funds charges or rejection of a payment if you do not have sufficient funds in the designated account. If we are unable to complete the payment transaction for other reasons (such as incomplete or inaccurate information), we will attempt to notify you by email or U.S. mail. We shall have no obligation or liability if we do not complete a transfer or payment because there are insufficient funds in the designated account to process the transaction or because of incomplete or inaccurate information, and you are responsible for either making alternate arrangements for the payment or rescheduling the payment through Bill Pay.
e. Limitations. We are only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur if you do not have sufficient funds in the designated account to make the payment on the processing date, for delays in mail delivery, for changes to the payee's address or account number unless you have advised us of the change sufficiently in advance, for the failure of any payee to correctly account for or credit the payment in a timely manner, if you have not provided correct payment information, if you have been advised that the payment processing center is not working properly but you execute a transaction anyway, or for any other circumstances beyond our control.
f. Warranty Disclaimer. The Bill Pay Service is provided "AS IS" without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. All implied warranties are disclaimed.
You may be able to utilize a bill delivery and presentment service provided by CheckFree. Bill delivery allows you to view certain bills using your PFM software interface or web browser, as applicable. Bill delivery, if available, is provided to you by CheckFree and not by First Citizens Bank, even if the service is provided through online banking.
Security Alerts are sent to you automatically when changes are made online to your email address, Customer ID, Password, or answers to Security Questions. Security Alerts also are sent when we suspend or terminate access to your online banking account. We will send Security Alerts to you at the Profile email address we have for you in our records and to your Alerts Inbox, which you will see when you log in to your online banking account. Security Alerts are included in our online banking service and are not optional.
Account Alerts are sent to you only if you complete our Account Alerts enrollment process. You must enroll online for Account Alerts and will be prompted to select the accounts and types of transactions for which you will receive the Alerts. Examples of transactions you may select for Account Alerts include: drops in your account balance below your specified threshold, debits and/or credits above or below your specified amounts, insufficient funds in your account to cover a check or electronic debit that is presented for payment to your account, payments of checks or electronic debits that overdraft your account, and daily balance summaries.
When you enroll for Account Alerts you will be asked to designate an email address and/or a mobile phone contact point to which the Account Alerts will be delivered (singularly and collectively, "Contact Points"). In addition to your designated Contact Points, your Account Alerts will also be delivered to your Alerts Inbox within online banking. Your enrollment for Account Alerts constitutes your consent to our delivery of Account Alerts to your designated Contact Points. You are responsible for notifying us of any changes to your email address and/or mobile phone Contact Points, and we will have a reasonable time to make such changes (but no less than two (2) business days).
You may make additions, deletions, and modifications to your Alerts selections at any time. To modify or discontinue your Account Alerts, log in to your online banking account and change your selections from the Set Alerts page.
General Information About Alerts
Alerts are available only for your accounts that may be accessed through online banking. We will not include your full account number in an Alert; however, Alerts may contain our name and certain other information about your accounts depending upon the Alert, such as information pertaining to your account balances, debits or credits to your account, or insufficient funds. Anyone with access to your email may be able to access the contents of the Alerts. It is your responsibility to secure your computer, secure and protect your Customer ID and Password and otherwise secure and protect your email from unauthorized access, and provide us with timely and accurate information about your email address and designated Contact Points, in order to protect the confidentiality of your information.
Alert balances will not reflect pending transactions, and deposits mentioned in an Alert may not be available for immediate withdrawal. If you require additional details about a transaction contained in an Alert, you may log in to online banking to view transaction information or send us a secure email through online banking. You may also contact us at 1.888.FC DIRECT (1.888.323.4732) from 7 a.m. - 11 p.m. Eastern time.
We do not guarantee the delivery or accuracy of the contents of Alerts. We shall not be liable for any (a) delay, failure to deliver, or misdirected delivery of an Alert; (b) errors in the content of an Alert; or (c) actions taken or not taken by you or any third party in reliance on an Alert. We may change, suspend or terminate the Alerts service at any time without prior notice.
For security reasons, we may impose additional limits on the frequency, number, and dollar amounts of transactions you can perform using online banking. In addition, as noted herein, we reserve the right to refuse to pay any person or entity to whom you may direct a payment through online banking. We will notify you promptly if we decide to refuse to pay a person or entity designated by you; however, this notification is not required if you direct us to make any payment which is otherwise prohibited under your agreements with us. For savings and money market accounts, federal regulations limit third party or pre-authorized transfers and withdrawals to six per statement cycle. Please refer to the section in the Deposit Account Agreement entitled "Limits on Withdrawals" for additional information on these restrictions.
If your use of online banking overdraws your account and the overdraft is not covered by an approved line of credit relating to the overdrawn account, you agree to make immediate payment to us of the amount of any such overdraft, together with related service charges. You also agree that we may charge the overdraft and related service charges against your other accounts with us to the extent permitted by law or by the Deposit Account Agreement. Please refer to the section in the Deposit Account Agreement entitled "Insufficient Funds/ Overdrafts ("NSF Items")" for additional information on overdrafts and NSF items.
Your Right to Stop Payment on Preauthorized Electronic Fund Transfers and Your Right to Receive Notice of Varying Amounts.
a. Stop Payment Procedure. If you have told us in advance to make preauthorized recurring payments or transfers out of your account, you can stop these payments or transfers by following the procedures outlined in this paragraph.
You may change or cancel bill payment instructions by following the directions within the Service. However, once the Bill Pay Service has started processing a payment, the payment cannot be changed or canceled, and you must submit a stop payment request in the manner provided in the Service or in your Deposit Account Agreement. You may change or cancel any instructions you have given us to transfer funds from one of your accounts to another using online banking if you enter and transmit through online banking your change or cancellation instructions (and we receive your new instructions) at any time prior to the time we actually begin executing your transfer instructions.
Alternatively, you may change or cancel funds transfer instructions if you call or write us in time for us to receive your change or cancellation instructions at least three business days before the scheduled date of the transfer. If you call, we may also require you to put your request in writing and get it to us within 14 days after your call. Standard service charges apply for each change/stop payment order requested by telephone or in writing. To call or write us, use the contact information provided in the Bank Contacts section at the end of this Agreement.
b. Notice of Varying Amounts. If your preauthorized transfers vary in amount, the party you are going to pay should tell you, at least 10 days before each transfer, when the transfer will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
c. Failure to Stop Payment of Pre-authorized Transfer. If you order us to stop one of these transfers within the applicable time frame indicated above, and we do not do so, we will be liable for your losses or damages caused by our failure except as otherwise limited in this Agreement.
Your Liability for Unauthorized Transfers.
We will send you a monthly account statement for your checking and savings accounts unless there are no transfers in a particular month. In any case, we will send you a statement for your checking and savings accounts at least quarterly. The statement will show Bill Pay and other online banking transfers. If your statement shows transfers that you did not make, tell us AT ONCE. You should CALL US IMMEDIATELY at our toll-free number. If you cannot reach us by telephone, you may write to us using the contact information provided in the Bank Contacts section at the end of this Agreement. Please refer to the Regulation E Disclosures in your Deposit Account Agreement and in particular the section entitled "Your Liability for Unauthorized Transfers," for important information about your rights and obligations in the event of unauthorized transfers from your account.
Errors and Questions.
Contact us as soon as you can if you see errors or have questions about your electronic transfers, or write us if you think your statement or any account or transaction information reflected on online banking is wrong or if you need more information about a transfer listed on your statement. You should CALL US IMMEDIATELY at our toll-free number. If you cannot reach us by telephone, you may write to us at the address listed. To call or write us, use the contact information provided in the Bank Contacts section at the end of this Agreement. Alternatively, you may visit your local branch.
We must hear from you no later than 60 days after we make available to you the FIRST statement on which the problem or error appeared. When you notify us: 1) tell us your name and account number, 2) describe the error or the transfer you are unsure about (including the date it occurred), 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 us your complaint or question in writing. We must receive this writing within 10 business days or your oral notice. Please refer to the Regulation E Disclosures in your Deposit Account Agreement in the section entitled "Error Resolution" for important information about your rights and our obligations with respect to resolving errors or questions about your electronic fund transfers.
If you use PFM software to access online banking, please direct your inquiries and correspondence regarding online banking services or enrollment and regarding transactions for your accounts to us or, if applicable, to CheckFree, and not to Intuit. If you have questions regarding the operation of your web browser, PFM software, or Internet connection, please direct your inquiries or correspondence to the vendor of that product. If you use Quicken® to access online banking, you will be a customer of First Citizens Bank with respect to online banking, and not of Intuit.
Our Liability for Failure to Make Transfers.
We will use our best efforts to comply with your transfer and payment instructions. However, we will incur no liability (and no obligation as to late charges) if we are unable to complete any of your transfer or payment instructions due to the existence of certain circumstances. Please refer to the Regulation E Disclosures in your Deposit Account Agreement and the section entitled "Our Liability for Failure to Make Transfers" for important information about limitations on our liability.
Provided none of the circumstances limiting our liability are applicable, if we cause an incorrect amount of funds to be removed from your account even if our action was unintentional and resulted from a bona fide error on our part, we will be responsible for returning the improperly transferred funds to your account. If you have scheduled a payment in accordance with the Service terms (including all exceptions), but your payment posts after its payment due date because of our delay, the Service will bear responsibility for no more than $50 in late payment charges you actually incur for that payment. We will not be liable for other losses and damages caused by our failure except to the extent specifically required by law.
One of the features of online banking is electronic mail ("Bank Mail"), which allows you to communicate with us electronically. If you send us an electronic mail message, we will be deemed to have received it on the following business day. You agree that we will have a reasonable time to act on your email. Do not rely on email if you need to communicate with us immediately, for example, to report an unauthorized transaction from one of your accounts or to stop a pre-authorized payment. Bank Mail messages sent to the Bank are the property of the Bank, and we reserve the right to delete such messages from the system from time to time. You agree that we may send you electronic messages about products or services we offer.
Fees and Charges.
You agree that we may charge your Primary Account for all fees and charges relating to online banking in accordance with the applicable fee schedule. We reserve the right to change applicable fees and charges at any time. We will provide you with any notice required by law of any changes to our fees and charges. If your Primary Account or a Bill Pay Service designated account does not have a sufficient balance to pay all applicable fees and charges due, we may exercise our right of setoff against any of your other accounts as provided by law or the Deposit Account Agreement. Any applicable fees will be charged regardless of whether you use a service during the billing cycle.
Termination or Discontinuation.
If you have Online Accounts, you are required to use online banking as long as you continue to maintain these accounts with us. If you do not have any Online Accounts, you may terminate or discontinue online banking by giving us at least 10 days prior written notice by telephone or in writing. You may call or write us using the contact information provided in the Bank Contacts section at the end of this Agreement. You will not be entitled to a refund of any prepaid fees or charges. You must tell us your name and address; whether you are discontinuing online banking, Bill Pay Service, or both; and the effective date to stop the service.
When the Bill Pay Service is terminated, any prescheduled bill payments made through online banking will also be terminated. Your final charge for the Bill Pay Service will be assessed at the end of the month. If you terminate a Bill Pay Service, you authorize us to continue making fund transfers, bill payments, and other transactions you had previously authorized until we have a reasonable opportunity to act upon your termination notice. If you are not paying a monthly service charge for the service, we may convert your account to inactive status if you do not log in to the service or have any transactions scheduled through the service during any consecutive ninety 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.
We can refuse online banking services to anyone. We may terminate your online banking services at any time without prior notice and with or without cause. If you withdraw your consent to receive electronic communications regarding online banking, this Agreement automatically will terminate at the effective time of the withdrawal of consent (customers with Online Accounts are required to receive electronic communications in connection with their Online Accounts). If more than one person can access an account through online banking, we reserve the absolute right to terminate all online banking access to the account upon the request of the account owner, any account co-owner, or any other person authorized to access the account. In addition, CheckFree may terminate your access to the Bill Pay Service without prior notice to you, with or without cause. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement, and you will remain liable for payments, transfers and other transactions in process and for the payment of any accrued fees and charges.
Any notice we give you concerning online banking and/or your accounts is effective when we send you an electronic message to your external email address or using Bank Mail, when you access or use online banking after the effective date of a notice posted on our web site on or near the login page, or when we mail or deliver the notice to you at the address we have for you in our account records. We will email or mail to you notices or alerts of disclosures covered by Regulation E or the Electronic Fund Transfers Act. Any notice we send you will be deemed to have been received by you at the earlier of (i) your confirmation of receipt or (ii) within three days of being sent. If any of your accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all. You agree that we may send you by means of an electronic message any information we are required by law or regulation to provide you. We do not provide paper copies unless required to do so by law or regulation. A notice that alerts you to availability of a disclosure on an Internet web site and provides you with the web site address of the disclosure, in lieu of sending you the entire disclosure, will be sufficient notice, absent a legal restriction. BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT WE MAY SEND YOU ELECTRONIC MESSAGES ABOUT PRODUCTS OR SERVICES WE OFFER (INCLUDING ADVERTISEMENTS), although you may opt-out from email advertising by following the instructions in the email advertisement or by contacting us at the address under "Notices to Us" with a written request to opt-out of email advertising.
Change of Address.
You agree to notify us promptly of any address change, including regular mail and electronic mail addresses. Please call us at our toll-free number, or if you cannot reach us by telephone, you may write to us using the contact information provided in the Bank Contacts section at the end of this Agreement. You also may change your email address by updating your email address in the "My Profile" section of the online banking service.
Joint and Several Liability.
If any one or more of your deposit accounts has co-owners, each co-owner will be jointly and severally liable for any obligation which arises from the use of online banking to access the account. This joint and several liability shall extend as well to any line of credit accessed through any such account.
You authorize us and our agents to request and obtain consumer reports on you from any consumer reporting agency and to obtain and verify information relating to you and your accounts from any other source. You also authorize us to disclose any information relating to you and your accounts (i) to any consumer reporting agency or any other person or entity we reasonably believe is conducting a legitimate credit inquiry, (ii) to any financial institution, (iii) to any account information service (such as Chex Systems® or Equifax®), (iv) in response to any subpoena, summons, court or administrative order, or other legal process which we reasonably believe requires our compliance, (v) to any of our affiliates or subsidiaries, (vi) to First Citizens BancShares, Inc. (our parent company) and any of its subsidiaries or affiliates, and (vii) to any law enforcement officer if we suspect any wrongdoing in connection with any of your accounts. You further agree that we may obtain financial information regarding your accounts with any of your designated payees to resolve payment problems. From time to time we are legally required to provide information in response to court or administrative orders, subpoenas, summonses, tax levies, or other such legal process. You agree to pay our standard charges for the research and copying of documents and for any other expenses we incur in complying with such legal process including, but not limited to, our attorneys' fees. Our fees will be determined from our Disclosure of Products and Fees in effect at the time that the services are rendered, and we will charge your Primary Account for any such fees or expenses.
Disclosure of Account Information.
We only disclose information about your accounts as set forth in our Privacy Notice. You may obtain a copy of our Privacy Notice at firstcitizens.com or by calling our Customer Care Center at the toll-free number provided in the Bank Contacts section at the end of this Agreement, or from one of our branches.
The consumer protection provisions of the federal Electronic Fund Transfer Act and the Federal Reserve Board's Regulation E apply only to electronic fund transfers involving consumer checking and savings accounts established primarily for personal, family or household purposes. If your account is owned by an entity other than a natural person or was established primarily for business, commercial or agricultural purposes, then any online banking electronic fund transfer will be considered an "authorized use," and your liability for any online banking transaction relating to that account will be unlimited, notwithstanding the provisions of the federal Electronic Fund Transfer Act, Regulation E, or any standardized literature or disclosures we may send you. You will be fully responsible for the security of your password with respect to each such account, whether the transaction or the use of the password is authorized or unauthorized.
We may on a regular basis perform maintenance on our equipment or system which may result in interrupted service or errors in the service. We also may need to change the scope of our services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We make no representation that online banking services (including without limitation Bill Pay Service) will be uninterrupted or error free. Our sole obligation to you arising out of (i) the nonavailability of online banking, or (ii) an interruption or delay in providing online banking shall be to use commercially reasonable efforts to resume such services. THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL THE BANK OR CHECKFREE (OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUEN-TIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY COMPUTER EQUIPMENT, THE ONLINE BANKING SERVICE, AND/OR THE BILL PAY SERVICE. WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING ONLINE BANKING, PFM SOFTWARE, WEB BROWSERS, INTERNET SERVICES, OR OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGE-MENT, EXCEPT TO THE EXTENT LIMITED OR PROHIBITED BY LAW. IN NO EVENT SHALL ANY LICENSOR OR PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. ALL SUCH SOFTWARE AND SERVICES ARE PROVIDED "AS IS."
Liability for Loss of, or Erroneous, Data.
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system, including but not limited to damage or loss resulting from date related problems.
You agree that we are not responsible for any electronic virus that you may encounter using online banking. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.
The content and information on our site is copyrighted by First Citizens Bank and the unauthorized reproduction or distribution of any portions is prohibited. PFM software and web browsers are owned and licensed by the applicable vendor and are not provided by First Citizens Bank. Intuit, Quicken and Quickbooks are trademarks of Intuit Inc. or its affiliate.
Entire Agreement; Amendments.
This Agreement (including Exhibits) is the entire agreement between you and us with respect to our online banking and Bill Pay services and it supersedes any marketing or other similar material pertaining to such services whether delivered to you in writing, verbally or obtained at our site or the site of an Internet service provider. We reserve the right to amend this Agreement at any time. We will provide you with any notice required by law or this Agreement of any changes to the terms of this Agreement, which notice may be provided electronically. Your use of online banking after we amend this Agreement will constitute your acceptance of such changes. You may decline changes by terminating online banking, in the manner provided in this Agreement, before the changes go into effect.
You may not assign this Agreement to any other person or entity. We may assign this Agreement to any company with which we are directly or indirectly affiliated. We may also assign or delegate certain of our rights or responsibilities under this Agreement to independent contractors or other third parties.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless we send the waiver to you by electronic message or we otherwise mail or deliver to you a written waiver signed by us. No delay or omission on our part in exercising any of our rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies we may have. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of laws provisions, and applicable federal law.
Except to the extent prohibited by law, we reserve the right to review and/or monitor transactions and instructions submitted via online banking for security, legal compliance, fraud, and related purposes.
First Citizens Bank
First Citizens Direct/Customer Care Center DAC 54
P.O. Box 27131
Raleigh, NC 27611-7131
1.888.FC DIRECT (1.888.323.4732)
Automated system available 24 hours a day, 7 days a week
Customer service reps available 7 a.m. to 11 p.m. Eastern time
Do not send confidential information such as your social security number or account number via email.
As used in this Agreement, the terms "payment" and "payments" refer to payments made using the Popmoney Service. The terms "transfer" and "transfers" refer to transfers using the A2A Transfer Service. The terms "transaction" and "transactions" refer to both payments made using the Popmoney Service and A2A transfers. Other terms used in this Agreement are defined in the Section 44 - Definitions below.
Description of Services.
- Account-to-Account (A2A) Transfer Service. The A2A Transfer Service enables you to transfer funds between a Transaction Account you hold with us, or between your Transaction Account with us and your accounts at different financial institutions. You may choose one time or recurring transfers, and choose from a variety of alerts and reminders to help you stay up to date on your transfer activity.
- Service Providers. We are offering you the Service through one or more "Service Providers" that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers are intended third party beneficiaries of this Agreement and are entitled to all the rights and protections that this Agreement provides to us.
- Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting the changes on the Site. The changes will be effective at the time they are posted unless a delayed effective date is expressly stated. Any use of the Service after a notice of change will constitute your agreement to such changes. Further, we may, from time to time, revise or update the Service and/or related applications or material, which may render all prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all prior versions of the Service, and/or related applications and material, and limit access to only the Service's more recent revisions and updates. We also reserve the right to terminate the Service in its entirety.
- Our Relationship with You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to Accounts and/or Receivers to which or to whom you send payments).
- Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
Notices to Us. Unless stated otherwise in this Agreement, you may contact us regarding the Service by mail at the address below. We may also be reached by telephone at the number below for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under this Agreement.
First Citizens Bank
FC Direct/Customer Care Center DAC 54
P.O. Box 27131
Raleigh, NC 27611-7131
1.888.FC DIRECT (1.888.323.4732)
Automated system available 24 hours a day, 7 days a week
Customer service reps available 7 a.m. to 11 p.m. Eastern time
Notices to You.
- We may provide any notice to you relating to the Service by: (i) posting it on the Site, (ii) sending you an in-product message within the Service, (iii) emailing it to an email address that you have provided us, (iv) mailing it to any postal address that you have provided us, or (v) sending it as a text message to any mobile phone number that you have provided us, including but not limited to the number that you have listed in your service setup. For example, you may receive certain notices (such as notices of payment, alerts for validation and receipt of transfers) as text messages on your mobile phone.
- All notices by any of the above methods shall be deemed received by you at the earlier of: (i) your confirmation of receipt, or (ii) within twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of this Agreement and any legally required disclosures, and terminate your consent to receive required disclosures through electronic communications, by contacting us as described in Section 7 above. We reserve the right to terminate the Service if you withdraw your consent to receive electronic communications.
- Calls to You. By providing us with a telephone number (including a mobile phone number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes. For example, we or our Service Provider may contact you in connection with validating or processing a transaction that you've requested through the Service.
- Receipts and Transaction History. You may view at least six months of your Service transaction history by logging into your online banking account and looking at your Service transaction history. You agree to review your Service transactions by this method instead of receiving receipts or periodic statements specific to the Service transactions. Your Service transactions will also be reflected in your regular Account statements.
- Privacy. Protecting your privacy is very important to us. Please review our Privacy Notice in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
- Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
- Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
Prohibited Transactions, Communications, Activities. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and all transactions you initiate, and communications you send, through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for any transactions, communications or activities that:
- involve payments or transfers to or from persons or entities located outside of the United States and its territories;
- violate any law, statute, ordinance or regulation;
- involve violations of this Agreement;
- involve payments or transfers related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; (13) goods or services that use the Site for commercial purposes of any kind other than to facilitate a transaction within the Service; (14) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- relate to gambling, gaming and/or any other activity with an entry fee and a prize including, but not limited to, casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
- relate to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) are by payment processors to collect payments on behalf of merchants, (5) constitute money-laundering or terrorist financing; (6) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers, exchanges or check cashing, or stored value, or (7) provide credit repair or debt settlement services;
- involve airlines and scheduled or non-scheduled charters/jets/air taxi operators; collecting donations as a charity or non-profit organization; dealing in jewels, precious metals and stones; acting as a money transmitter or selling stored value cards; selling stocks, bonds, securities, options, futures (forex) or an investment interest in any entity or property; providing escrow services; offering online dating services; providing file sharing services or access to newsgroups; or selling alcoholic beverages; and/or
- are tax payments or court ordered payments.
- impose an unreasonable or disproportionately large load on our infrastructure;
- facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission;
- constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or
- may cause us or our Service Providers to lose any of the services from our Internet service providers, payment processors, or other vendors.
We encourage you to provide notice to us by the methods described in Section 6 above of any violations of this Section 13. We have no obligation to research or resolve any claim resulting from a prohibited payment or transaction. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments or transactions will be the sole responsibility of you and/or the Sender, and not ours. In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of this Section 13 or any other provision of this Agreement.
We have the right but not the obligation to monitor for, block and/or reverse, as applicable, any of the above prohibited transactions.
We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the Service.
A2A Transfers. The A2A Transfer Service enables you to transfer funds: between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand. You represent and warrant that (i) you are either the sole owner or a joint owner of the Transaction Account and the Recipient Account, and (ii) you have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. If you are a joint owner of the Transaction Account, Recipient Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the Recipient Account is located in the United States.
When we receive an A2A Transfer Instruction from you, you authorize us to debit your Transaction Account for the indicated amount, transfer the funds on your behalf to the Recipient Account designated by you, and debit your Transaction Account for any fees applicable to the transfer as set forth in the applicable Fee Schedule. If we credit the transfer amount to your Recipient Account, but the debit to your Transaction Account is returned to us for any reason, including, but not limited to, insufficient funds in the Transaction Account, you authorize us to reverse from your Recipient Account the amount of the returned debit.
Popmoney Service. By providing us with names and/or telephone numbers and/or email addresses of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Popmoney Service. When we receive a Payment Instruction from you, you authorize us to debit your sending Transaction Account and remit funds on your behalf. You also authorize us to credit your receiving Transaction Account for payments returned to us from Receivers to whom you sent payment(s).
Receivers of payments who are not already registered for the Popmoney Service will be invited to register. Once registered, you as a Receiver authorize us to credit your Transaction Account for payments remitted to you on behalf of a Sender without further approval from you. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you. If you do not register, then funds will not be transferred to you from the Sender's Transaction Account, and the payment transaction will be cancelled.
Initiating Popmoney Transactions; Receiving Payments.
Initiation of Popmoney Transactions.
- You may initiate (a) a one-time payment transaction to a Receiver for which processing shall be initiated immediately, (b) a one-time payment transaction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (c) a recurring series of payment transactions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Popmoney Website.
- Payment transactions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Transaction Account, necessary to complete an ACH Network transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney Website, and then (ii) provide Transaction Account information in order to complete the payment transaction (a "Two-Step Transfer"). If the Receiver maintains a Transaction Account with an institution that participates in the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution's website or mobile application to complete the payment transaction and receive the payment.
- You understand and agree that when you initiate a payment transaction from a Transaction Account using the Popmoney Service, the processing of the payment transaction will begin and the debiting of your Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver's Transaction Account no earlier than the next Business Day after you initiated the payment transaction. If you request a one-time payment transaction to be initiated on a specified date or a recurring series of payment transactions to be initiated on specified dates, then the processing of the payment transaction will begin on the specified date and the debiting of your Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver's Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver's Transaction Account (even if debited or withdrawn from your Transaction Account) may be delayed if the Receiver has not provided the Popmoney Service with certain required information such as his or her Transaction Account information.
- If another person wants to send you a payment transaction using the Popmoney Service to a Transaction Account you hold with us, he or she can do that from a Transaction Account at a financial institution that participates in the Popmoney Service or at the Popmoney Website.
- You understand and agree that there may be a delay between the time you are notified of the pending payment transaction and the deposit of the payment funds into your Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Transaction Account. You authorize the Sender, the financial institution which holds the Sender's Transaction Account and the Popmoney Website to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of payment transactions to you, and, as a Receiver, you may also receive electronic gift cards or requests from others for payment through the Popmoney Service.
We will use reasonable efforts to complete all of your transactions properly. However, we shall incur no liability if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
- The Transaction Account does not contain sufficient funds to complete the transactions or the transaction would exceed applicable overdraft limits;
- The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
- The transaction is refused as described in Section 17 below;
- You have not provided us with the correct information, including, but not limited to, the correct Transaction Account or Recipient Account information; and/or,
- Circumstances beyond our control (including, but not limited to, fire, flood, network or system down time, issues with the other financial institution(s) involved in the transaction, or interference from an outside force) prevent the proper execution of the transaction.
- It is your responsibility to ensure the accuracy of all information that you enter into the Service and to inform us as soon as possible if you become aware that the information entered is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transaction directed to the wrong Recipient Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you or any other party to a transaction.
- Transfer/Payment Methods and Amounts. We may, at our sole discretion, impose limits on the amount of money you can transfer, send or receive through the Service. We also reserve the right to select the method in which to transfer or remit funds on your behalf, and the method to return funds to you in the event that your Transaction Account or the Recipient Account is closed or otherwise unavailable to us. Methods we use to return funds to you may include, but are not limited to, electronic payment or an electronic to check payment.
Transaction Cancellation Requests and Refused Transactions.
- You may cancel a transaction at any time until it begins processing (as indicated in the pending transactions list within the Service). Transactions may not be stopped once they begin processing, and the Service will not permit you to cancel a transaction once processing has begun. We will have no liability for failing to cancel a transaction once processing has begun.
- Popmoney Service payments not claimed by the Receiver will automatically be cancelled twelve (12) days after the payment is generated. When a Sender sends money, the Receiver is not required to accept it. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver's decision to accept or not to accept a payment made through the Service.
- We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment or transfer to your Transaction Account. If our attempt to return the transaction amount to your Transaction Account is unsuccessful (for example, the Transaction Account has been closed), we will make a reasonable attempt to mail you a paper check. If after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) that check has not been cashed, we will stop payment on it, and transfer funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.
Failed or Returned Transactions.
In using the Service, you are requesting us to make transfers or payments for you from or to your Transaction Account. If we are unable to complete the transaction for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transaction may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:
- You will reimburse us immediately upon demand the transaction amount that has been returned to us;
- For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
- You may be assessed a fee by our Service Provider and by us if the transfer is returned because you have insufficient funds in your Transaction Account to cover the requested transfer or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in the Bank's Online Fee Schedule. You hereby authorize us to deduct these amounts from your designated Transaction Account by ACH debit;
- You will reimburse us and our Service Provider for any fees or costs we or they incur in attempting to collect the amount of the return from you; and
- We and our Service Providers are authorized to report the facts concerning the return to any credit reporting agency.
- In using the Service, you understand that transfers may be returned or that Receivers and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to, an invalid Recipient or Receiver Account number, or an expired forwarding address. We will use reasonable efforts to research and correct the transaction and re-send it to the intended Receiver or Recipient Account, or void the transactions and credit your Transaction Account. You may receive notification from us of these actions.
Your Liability for Unauthorized Transfers/Payments.
Please refer to the Regulation E Disclosures in the Bank's Deposit Account Agreement in the section entitled "Your Liability for Unauthorized Transfers" for important information about your rights and obligations in the event of unauthorized transfers from your Account.
- Mobile Phone Users. Your phone service provider is not the provider of the Service. Users of the Service may receive SMS (short message service) messages relating to their payment such as invitations to register and other notices that they may request. In an invitation to register via SMS text message, we will send you a verification code which you will need to enter to direct your payment to your designated bank account. You will receive SMS messages related to your transactions from time to time. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile or cellular device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such devices. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word "HELP" to this number: 767666. To stop receiving text messages on your mobile phone, text "STOP" to this number: 767666.
- Taxes. It is your responsibility to determine what, if any, taxes apply to transfers or payments you make or receive using the Service, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any transaction.
- Service Fees and Additional Charges. Applicable fees will be disclosed in our Online Fee Schedule that you may access from a link within online banking. Certain fees may also be disclosed on the screen at the time you initiate a transaction. You agree to pay all applicable fees and authorize us to deduct them from your designated Transaction Account with us. Any fees related to your deposit accounts and account activity will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
- Address or Account Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile within the Service is current and accurate, including, but not limited to, your name, address, phone numbers and email addresses. Changes can be made either within the Service or by contacting us as described in Section 6 above. Any changes in your Transaction Account or the Recipient Account should also be made in accordance with the procedures outlined within the Service's Help files. All changes you make within the Service are effective immediately. We are not responsible for any transaction processing errors or fees incurred if you do not provide accurate Transaction Account, Recipient Account, or contact information or any other information necessary for us to process the transaction.
- Our Right to Refuse Transactions. We reserve the right to refuse to make any payment or transfer to a Recipient Account or Receiver. We will notify you or the Sender promptly if we refuse to process the transaction. This notification is not required if you attempt to make a prohibited transaction under this Agreement.
- Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service as a Sender, you agree that we and our Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau and you hereby authorize us to do so. In addition, you agree that we reserve the right to obtain financial information regarding your account from a Receiver to whom you sent a payment.
- Service Cancellation by You. In the event you wish to cancel the Service, you may telephone us as described in Section 7 above. Any transaction (s) we have already processed before the requested cancellation date will be completed by us.
- Service Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Errors and Questions.
Please refer to the Errors and Questions section of the Personal Online Banking Agreement for information on what to do in case of errors or if you have questions about your transactions or transaction history, or if you need more information about a transaction.
- Intellectual Property. "Popmoney" is a trademark of CashEdge Inc. or its affiliates. All other marks and logos related to the Service are either trademarks or registered trademarks of ours or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
- Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
- Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in Section 7 above. See also Section 21 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
- Applicable Agreements. Your use of the Service is governed by this Agreement, the First Citizens Bank Personal Online Banking Agreement, and the First Citizens Bank Deposit Account Agreement (collectively, "Governing Agreements"). In the event of a conflict between this Agreement and the other Governing Agreements, the terms of this Agreement shall govern with respect to your use of the Service and transactions conducted using the Service. You agree that the Governing Agreements are the complete and exclusive statement of the agreement between us and you relating to the Service and your use of the Service, and that they supersede any proposal or prior agreement, oral or written, and any other communications between us and you relating to the Service. If there is a conflict between the terms of the Governing Agreements and something stated by an employee, contractor or Service Provider of ours (including but not limited to their customer care personnel), the terms of the Governing Agreements will prevail.
CERTAIN DISPUTES BETWEEN YOU AND US MAY BE RESOLVED BY BINDING ARBITRATION AT THE ELECTION OF EITHER PARTY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR RATHER THAN A JUDGE OR JURY. THE RIGHT TO APPEAL THE ARBITRATOR'S DECISION MAY BE LIMITED OR UNAVAILABLE.
Please refer to the Arbitration Provision in our Deposit Account Agreement for details concerning resolving disputes through arbitration.
- Law and Forum for Disputes. This Agreement shall be governed by and construed in accordance with applicable federal law and the laws of the State of North Carolina, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against us that is not subject to arbitration under Section 35 above shall be resolved by a court located in Wake County, North Carolina. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
- Waiver of Jury Trial. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
- Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service, including, but not limited to, all transactions conducted using the Service by anyone using your online banking password and Customer ID whether with or without your authorization to the extent permitted by law.
- Release. If you have a dispute with one or more other users of the Site or the Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive and release any and all provisions, rights and benefits conferred either (i) by California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor, or (ii) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code.
- No Waiver. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
- EXCLUSIONS OF WARRANTIES. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR ACCESS TO THE SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE.
IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.
THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND/OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.
- Complete Agreement, Severability, Captions, and Survival. This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 8, 9, 31, and 34-44 as well as any other terms which by their nature should survive, will survive the termination of this Agreement.
- "Account" means a checking, money market or savings account.
- "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
- "Affiliates" means companies related by common ownership or control.
- "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks in the United States are legally closed.
- "Payment Instruction" is the information provided by the Sender to the Popmoney Service for a payment to be made (such as, but not limited to, name, telephone number, and email address).
- "Receiver" is a person or entity that is sent a payment through the Popmoney Service.
- "Recipient Account" is the account to which the funds you transfer using the A2A Service, or send as payments using the Popmoney Service, will be credited.
- "Sender" means: (a) for the A2A Service, the Transaction Account holder initiating a transfer through the Service; and (b) for the Popmoney Service, a person or entity that sends a payment through the Service.
- "Service Provider" means companies that we have engaged to render some or all of the Service to you on our behalf.
- "Site" means the online banking website through which the Service is offered.
- "Transaction Account" means, as applicable, the Account (i) from which we will debit the funds you transfer using the A2A Service, or send as payments using the Popmoney Service, and your Service fees, or (ii) to which funds, payments and credits to you, as applicable, will be returned and credited.
- "Transfer Instruction" is the information entered by you within the A2A Service for a transfer of funds to a Recipient Account.
1. Android is a trademark of Google Inc.
2. Fiserv® is a registered trademark of Fiserv, Inc.