Digital Banking Agreement

This Digital Banking Agreement (this “Agreement”) governs the access to and use of certain services via Internet connection. These services may include accessing and viewing deposit account transaction histories and statements, performing transfers to and from designated accounts, and mobile deposit capture. Such Internet-based services may be accessed on a computer through a traditional Internet connection or on a mobile device through a mobile Internet browser or through a mobile application. These services and delivery channels, as changed or modified from time to time, are collectively referred to herein as the “Billinero™ Digital Banking Services.” The Billinero™ Digital Banking Services are provided by Centier Bank, an Indiana state-chartered bank (the “Bank”), through the Bank’s Service Provider(s).

Please read this Agreement carefully and print or download a copy of this Agreement for your records. Key terms used in this Agreement are defined in the “Definitions” section below. We encourage you to review these definitions, especially for frequently used terms like “Account” or “Transfer.” These and other terms defined in this Agreement have very specific meanings, which will help you better understand this Agreement and the Billinero™ Digital Banking Services.

Definitions

“Account” and “Accounts” refer to your Billinero™ Online Savings Account or Billinero™ Online Savings Accounts at the Bank that you designated, and we approved, for access to and use of Billinero™ Digital Banking Services. Your accounts at the Bank that are not designated and approved for access to and use in connection with the Billinero™ Digital Banking Services are referred to as “account(s).”

“Account Agreement(s)” means the agreements, terms and conditions, disclosures, fee schedules, and other documents that govern your Account(s), which may include your Terms and Conditions of Your Account, the Electronic Communication Agreement, and the Billinero™ Savings Promotion Raffle Official Rules.

“Business Days” are Monday through Friday, excluding Bank holidays.

“Cutoff Time” means 5:00 P.M. EST (Eastern Standard Time).

“Electronic Documents” means electronic versions of this Agreement, your Account Agreements, periodic statements, any disclosures or notices required by law, or any other documents that we may provide to you in connection with the Billinero™ Digital Banking Services from time to time.

“Instructions” means such information, in the content and formatting standards that we may require from time to time, you submit to us in order to request, schedule, process, and settle Transfers or another type of transaction.

“Service Provider” or “Service Providers” means any of the Bank’s affiliates, any processor, or any other third party that provides hardware, software, or other products or services in connection with the Billinero™ Digital Banking Services, including any agent, representative, independent contractor, or subcontractor of any of the foregoing. Service Providers may include core banking processors, payment networks, and clearing houses.

“Site” means the internet website designated by the Bank as the website through which you may access and use Billinero™ Digital Banking Services.

“Transfer” means any internal or external transfer of funds to or from one of your Account(s) to or from a Transfer Account.

“Transfer Account” means your checking or savings account at the Bank, in the case of an internal Transfer, or another U.S. financial institution, in the case of external Transfers, (i) to which you are transferring funds from your Account or (ii) from which you are transferring funds to your Account.

The terms “we,” “us,” “our,” and “Bank” means Centier Bank, an Indiana state-chartered bank, or any or its affiliates, subsidiaries, successors, assigns, agents, representatives, independent contractors, or subcontractors, including any Service Provider.

The terms “you” and “your” means any end user of the Billinero™ Digital Banking Services, which includes the tax-reporting owner of any Account, as specified in the Bank’s records.

Your Account Agreements

This Agreement contains important provisions governing your access to and use of Billinero™ Digital Banking Services, accessible via the Site. In addition to this Agreement, you agree to be bound by and comply with your Account Agreements; all applicable laws, regulations, guidance, operating circulars, and payment network and clearing house rules; and such other written requirements that we may furnish to you in connection with Billinero™ Digital Banking Services and any other services and/or content that may be accessed via Billinero™ Digital Banking Services. Please review your Account Agreements, which contain important legal terms and conditions and legally required disclosures regarding unauthorized transactions, statement errors, fees, funds availability policies, transaction limitations, and rules for participating in the Billinero™ savings promotion raffle, as well as other important matters.

In the event of a conflict between the terms of this Agreement and your applicable Account Agreements, the terms of this Agreement will control with respect to the provision of the Billinero™ Digital Banking Services, and your Account Agreements will control with respect to all other matters affecting your Accounts.

Agreement to these Terms

When you use or access, or permit any other person(s) or entity to use or access Billinero™ Digital Banking Services, you agree to the most recent version of this Agreement, which is available to you online at www.billinero-dev.becomelabs.site.

Changes in Terms and Services

We may amend or change this Agreement or revise, add new features to, or update the Billinero™ Digital Banking Services at any time without liability to you. You will be notified of any such amendments or changes as required by applicable law. Any amendments or changes shall be effective when they are communicated to you in any way, including when they are posted on the Site or another website designated by us or if we send you the then-current version of this Agreement by electronic mail. If any expanded services are made available to you via Billinero™ Digital Banking Services, you agree that any such expanded services are also subject to this Agreement, as it may be amended or changed from time to time. If you do not agree to the changes, you must notify us and we will terminate your use of the Billinero™ Digital Banking Services.

Agreement Termination

This Agreement shall remain in effect until you or we terminate it. We may terminate or suspend this Agreement in our sole discretion at any time without prior notice. You agree that we may, from time to time and at our sole discretion, limit, suspend, or discontinue the Billinero™ Digital Banking Services, in whole or in part, without liability to you. For example, we may eliminate certain services offered via the Site or may suspend access to and use of the Billinero™ Digital Banking Services for maintenance. We will notify you of any such changes if we are legally required to do so. The termination of this Agreement shall not terminate your Account relationship or other agreements you have with us, unless those agreements are terminated separately.
You may terminate this Agreement at any time by following the procedure detailed below. If you wish to terminate this Agreement, you must send us a signed written request by United States mail to:

CENTIER BANK
P.O. Box 279
Powell, OH 43065

We will act on your request to terminate this Agreement and discontinue your access to Billinero™ Digital Banking Services within a reasonable time after receiving such request.

If you request to terminate this Agreement, it is your sole obligation to cancel all outstanding scheduled Transfers. We may continue to make these Transfers within a reasonable time after receiving your termination and cancellation requests. Once we have terminated this Agreement pursuant to your request, we will make no further Transfers from your Accounts through the Billinero™ Digital Banking Services, including any Transfers you previously scheduled and/or authorized. Any closure of your Account will automatically cancel your ability to initiate Transfers to or from that Account, including any future-dated Transfers for that Account. It is your responsibility to make other arrangements for making any Transfers.

Any liabilities or obligations incurred by you prior to any termination of this Agreement shall survive the termination of this Agreement for all purposes.

License and Terms of Use

You acknowledge and agree that some or all of the Billinero™ Digital Banking Services are proprietary to the Bank and/or its Service Provider(s) and may be subject to patent, copyright, trademark, or other intellectual property rights of the Bank and/or its Service Provider(s). As applicable, we and/or our Service Provider(s) grant to you, for your personal or internal purposes only, a nonexclusive, nontransferable, limited, and revocable right to access and use the Billinero™ Digital Banking Services. You agree not to use the Billinero™ Digital Banking Services for any other purpose, including commercial purposes, such as co-branding, framing linking, or reselling any portion of the Billinero™ Digital Banking Services without our prior written consent. You agree to use Billinero™ Digital Banking Services solely as provided in this Agreement. You shall not (and shall not permit any other person or entity to): (i) modify, revise, translate, or create any derivative works of the Billinero™ Digital Banking Services; (ii) disassemble, decompile, decrypt, reverse engineer or otherwise attempt to ascertain or derive source code, object code, trade secrets, or processes from the Billinero™ Digital Banking Services; (iii) redistribute, sell, assign, rent, lease, sublicense, or otherwise transfer rights to the Billinero™ Digital Banking Services; or (iv) remove, alter, or obscure any proprietary notices, legends, symbols or labels in the Billinero™ Digital Banking Services, including, but not limited to, any trademark or copyright notices.

Eligibility

To use Billinero™ Digital Banking Services, you must have at least one eligible Account. Only those accounts designated by you and approved by us, in our sole discretion, may be accessed through Billinero™ Digital Banking Services. We reserve the right, in our sole discretion, to determine your eligibility to use any of the Billinero™ Digital Banking Services, restrict the use of the Billinero™ Digital Banking Services for one or more types of accounts or transactions, and impose other limits or restrictions on the use of the Billinero™ Digital Banking Services. For example, you cannot use Billinero™ Digital Banking Services to initiate transactions with respect to accounts in which more than one signature is required for withdrawal.

Consent to Receive Documents Electronically

You acknowledge that, by agreeing to the terms of the Electronic Communication Agreement, you are consenting to receive Electronic Documents. You understand that Electronic Documents will not be mailed to you, unless you specifically request it. To request a paper copy of any Electronic Document, you must contact us. Upon request, paper copies will be mailed to you at no charge. To withdraw your consent after enrollment, contact us at a number listed in your Electronic Communication Agreement. If you withdraw your consent, your access to and use of the Billinero™ Digital Banking Services will be terminated, your Account will be closed, and you will no longer be eligible to participate in the Billinero™ savings promotion raffle.

Contacting You

If you provide us with a telephone number for a cellular phone or other mobile device, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice messages, text messages, and telephone calls made with an automated telephone dialing system—from us or our Service Provider(s) at that number, regardless of the purposes of such calls. You are not required to give your consent in order to access and use the Billinero™ Digital Banking Services. You may revoke your consent at any time by contacting us.

Monitoring and Recording

You understand and agree that we or our Service Provider(s) may monitor and/or record any communications between you, or anyone acting on your behalf, and us or any of our Service Providers for quality control and other purposes. You also understand and agree that this monitoring or recording may be done without any further notice to you or anyone acting on your behalf. The communications that may be monitored or recorded include telephone calls, cellular or mobile phone calls, and any other communications in any form.

Fees and Charges

There is currently no additional fee or charge for use of Billinero™ Digital Banking Services. However, when you use Billinero™ Digital Banking Services to obtain certain products and services for which a fee may be charged, you are subject to all fees and charges that apply to those products and services and to your Account(s), as set forth in your Account Agreements or other documentation made available to you by the Bank. To the extent that the Billinero™ Digital Banking Services may be accessed and used through a mobile device, you acknowledge and agree that message and data rates may be charged by your telecommunications service provider.

Computer Equipment, Software and Internet Services

You are responsible for obtaining, installing, maintaining and operating all connections, software (including, but not limited to any personal financial management software, if any), hardware or other equipment necessary for you to securely access and use Billinero™ Digital Banking Services (collectively, “Your Systems”). This responsibility includes, without limitation, your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware and Internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such internet service provider and any associated communications service provider charges.

You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for the data security of Your Systems with respect to access to and use of Billinero™ Digital Banking Services and for the transmission and receipt of information using Your Systems.

You acknowledge that you have requested Billinero™ Digital Banking Services for your convenience, have made your own independent assessment of the adequacy of the internet and Your Systems, and that you are satisfied with that assessment.

We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or Your Systems, nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for Your Systems. We make no endorsement of any specific software, hardware or Internet service provider, and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.

Password & Security

A password and user ID are needed to use Billinero™ Digital Banking Services (referred to hereafter as a “Password” and a “User ID”), as well as other information to be used to authenticate and verify your identify (referred to as “Security Information”) that we may specify from time to time. Your access to Billinero™ Digital Banking Services will be denied if you do not enter the correct User ID, Password or, if applicable, Security Information.

To prevent unauthorized access to your Account(s) and to prevent unauthorized use of Billinero™ Digital Banking Services, you agree to: (a) protect and keep confidential your User ID, Password, Security Information and any other information or items needed to access Billinero™ Digital Banking Services; (b) assume and accept all liability that legally can be imposed on you for each use of your User ID, Password and/or Security Information whether or not such use was authorized by you; and (c) immediately notify us if you have reason to believe your Password, User ID, Security Information, or any other information or items that may allow access to Billinero™ Digital Banking Services has been lost, stolen or otherwise compromised, or if you have reason to suspect that unauthorized access to your Account(s) has occurred or will occur through Billinero™ Digital Banking Services.

Available Services

The following is a non-exhaustive list of the Billinero™ Digital Banking Services that are currently available:

Account Access Services
■ View “real-time” Account balances and Account information for your Account(s);
■ Review transaction history on your Account(s); and
■ Review periodic statements for your Account(s).

Transfer Services
■ Transfer funds between your Accounts held at the Bank and other accounts against which you are authorized to initiate transactions; and

Mobile Deposit Capture
■ Deposit images of paper checks electronically with your mobile device.

Below are provisions that apply to use of each of these Billinero™ Digital Banking Services.

Account Access Services

Unless otherwise indicated, the balance information displayed through Billinero™ Digital Banking Services generally will be the current available funds balance for your Account. Transaction history that you obtain through the Billinero™ Digital Banking Services generally will be current as of the close of business on the preceding Business Day. Notwithstanding the foregoing, Account information provided to you as part of the Account Access Services is not the official record of your Account or its activity. Your Account statement(s) furnished to you will remain the official record of your Account.

By agreeing to the Electronic Communication Agreement, you are consenting to receiving periodic statements for your Accounts electronically. Periodic statements will then be provided to you in Portable Document Format (“PDF”) and you will be able to view your statements online, save them to your computer, and print them for your records. Any legal notices that normally accompany a periodic statement will also be delivered to you electronically. You understand and agree that your agreement to the Electronic Communication Agreement means that you will not receive a periodic statement in paper form, except as set forth in the Electronic Communication Agreement.

Your periodic statement and accompanying legal notices and disclosures will be available in your online and mobile banking profile, which includes a message center. An electronic notification will be sent to your electronic mail address you may provide us from time to time at the end of each statement cycle alerting you that the most recent statement is available for viewing. You agree to periodically check the message center or your email relating to the availability of your online statement. The statement messages will be available in the message center for up to ninety (90) days.

You are required to provide us with an accurate and complete e-mail address and other information related to your Account(s) and to maintain and update any changes to this information promptly. If your e-mail address to which we will be sending you notifications or any other information should change in the future, you must contact us and provide your new e-mail address or information. If you do not update your e-mail address, we will continue to send any notifications that your periodic statement is available electronically for viewing to your e-mail address on record with us for a period of time. If an e-mail notification to you is returned to us as undeliverable, or you otherwise do not receive this e-mail notification, your periodic statements will still be available to you on the Site. We may not monitor our systems for e-mails that are returned to us as undeliverable and might not attempt to resend any returned e-mail to you. The date on which you will be deemed to have a periodic statement made available to you is the date such periodic statement is posted in your online and mobile banking profile, whether or not you receive or access the above-mentioned e-mail notification.

Transfer Services

You can use the Billinero™ Digital Banking Services to transmit Instructions to the Bank to Transfer funds between your Account(s) and other accounts held at the Bank or accounts at other U.S. financial institutions.

In order to make Transfers, you must designate and we must approve each Transfer Account. When you designate an Transfer Account from or to which you request Transfers to be made, you represent and warrant that you are the sole owner or joint owner of the Transfer Account and that you have all necessary legal right, privilege, power, and authority to transfer funds between the Account(s) and the Transfer Account and that the Transfer Account is held at a U.S. financial institution. If you are a joint owner of the Transfer Account, you further represent and warrant that you have been authorized by all of the other joint owners of the Transfer Account to perform transactions on such Transfer Account without their consent and we may act on your Instructions regarding the Transfer Account without liability to such other joint owners.

Transfers will only be made if there are sufficient available funds in your Account(s) on the date the Bank begins to process the transaction. Therefore, if the dollar amount of your Transfer request is not available on the date the Bank begins to process the transaction, we are not obligated to make any Transfer from the Account. The amount of each Transfer will be debited from your Account(s) at the time the Transfer is processed. The amount of funds available will be determined in accordance with the applicable Account Agreement(s) governing the Account(s).

To make a Transfer, you must give us Instructions. You are responsible for ensuring the accuracy of any information that you provide in your Instructions. As you may determine in your Instructions, your Instruction will either authorize us to (i) debit your Account and send funds on your behalf to the Transfer Account designated by you; or, as applicable, to (ii) credit your Account when we receive funds from the Transfer Account designated by you. You also authorize us to reverse: (a) a debit from the Account if the debit is returned from the Transfer Account for any reason; or (b) a credit to the Account if the transaction from the Transfer Account is not honored by us for any reason. When any Transfer or any other transaction generates items to be charged to your Account(s), you agree that we may debit your Account(s) without requiring the signature of an authorized signer for the Account(s). Additionally, if you transmit Instructions to us using Billinero™ Digital Banking Services, you authorize us to accept, at your discretion, your electronic request as though it was made in writing and signed by you.

When you transmit Instructions to us through the Billinero™ Digital Banking Services with your User ID and Password and Security Information, as applicable, to make a Transfer, you authorize us to credit and/or charge your Account(s) for the amount detailed in the Instructions. You agree that the use of your User ID, Password, and Security Information is a commercially reasonable security procedure to verify the authenticity of Instructions provided to us. The detection of errors is not the purpose of such security procedures. You are liable for all transactions, whether or not authorized by you, initiated through the Billinero™ Digital Banking Services using your User ID, Password and/or Security Information, to the fullest extent permitted by applicable law.

Transfers may be “immediate” or made the next business day. Recurring Transfers are those made for the same dollar amount on the same date each month. Recurring Transfers cannot be scheduled more than 365 days in advance, unless the first scheduled Transfer is due within 365 days from the date it was originally scheduled. Please refer to your Account Agreement(s) for full details as to the limitations on the amount and frequency of Transfers. We may impose additional limits on the dollar amount of Transfers from your Account(s) from time to time, in our sole discretion, without prior notice to you unless such notice is required by applicable law.

Immediate Transfers are typically processed on the same Business Day the Transfer Instructions are initiated, provided the Instructions are received by the Bank at or before the Cutoff Time on such Business Day. Instructions for Transfers scheduled for a future date must be received by the Bank at or before the Cutoff Time on the Business Day that is at least one Business Day prior the date on which the Transfer will be processed and settled. If the Bank receives instructions for any Transfer after the Cutoff Time, then the Transfer will be processed and settled on the next Business Day. However, you understand that due to circumstances beyond our control and/or in accordance with the provisions of this Agreement, Transfers may be processed after the dates provided in this paragraph. We are not liable for any late Transfers except as expressly provided in this Agreement.
You are solely responsible for identifying any errors contained in your Instructions and informing us as soon as possible if you become aware that information in your Instructions is inaccurate. We will make a reasonable effort to stop or recover a Transfer that was processed or settled erroneously (including Transfers to or from the wrong Transfer Account), but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you in your Instructions.

Once we have started processing a Transfer, it cannot be cancelled or modified. We will make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied Transfers to your Account, to the extent permitted by law. If we are unable to return the funds to your Account, we will make reasonable attempts to otherwise return the funds to you, but we will have no liability to you for any failure to do so. You also understand and agree that Transfers may be returned for various reasons, such as information contained in your Instructions containing errors. We may attempt to research the cause of a returned Transfer and may resend the Transfer or void the Transfer and credit your Account or Transfer Account from which you attempted to transfer funds.

We reserve the right to refuse to complete a Transfer for any reason, including instances where there are not sufficient available funds in your Account to cover the transaction or we, in good faith, believe the Transfer may be fraudulent, erroneous, illegal, in violation of this Agreement or the Account Agreements, or suspicious.

We have no obligation to make Transfers, and shall incur no liability or obligation, except as provided herein or required by applicable law, if we are unable to complete any Transfers that you initiate using Billinero™ Digital Banking Services in the event that:

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

We notified you or you otherwise know that the Billinero™ Digital Banking Services are not working properly, are unavailable, or have been interrupted;

Your equipment, software, or communications connection is not working properly;

Except with respect to internal Transfers, the bank at which your Transfer Account is held mishandles or delays a Transfer initiated by us;

You do not provide us with the correct names, Transfer Account information, or any other information necessary to effect a Transfer, or you otherwise fail to comply our requirements for initiating, processing, and settling Transfers;

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

This Agreement has been terminated;

Applicable law, regulation, guidance, operating circulars, or payment network or clearing house rules prevents the completion of the Transfer;

We believe in good faith that the Transfer may be unauthorized, in error, fraudulent, illegal, in violation of this Agreement or the Account Agreements, or otherwise suspicious; or

Unusual or extraordinary circumstances indicate improper or unlawful use of your Account(s).

Provided none of the circumstances stated above are applicable, if we cause an incorrect amount of funds to be removed from your Account or cause funds from your Account to be directed to the incorrect Payee, and such action was solely a direct result of a bona fide error on our part, we shall be responsible for returning the improperly transferred funds to your Account(s).

Mobile Deposit Capture

Mobile Deposit Capture allows you to deposit paper checks using your mobile device. You must meet our eligibility requirements in order to use Mobile Deposit Capture, which we may determine from time to time in our sole discretion.

Only certain checks are eligible to be deposited using Mobile Deposit Capture. You agree that you will not use Mobile Deposit Capture to deposit any check that:

is payable to any person or entity other than you, including any checks payable to you and another payee;

is in violation of any applicable law, regulation, guidance, operating circular, or payment network or clearing house rules;

you know or suspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;

has not been endorsed, whether handwritten or stamped;

is drawn on or payable at or through a financial institution that is located outside of the United States or is payable in currency other than the United States dollar;

is a “Remotely Created Check” as defined in Regulation CC of the Board of Governors of the Federal Reserve (“Reg CC”);

is not acceptable to us for deposit into your Account as provided in the Account Agreements;

has been, prior to deposit pursuant to this Agreement, deposited, presented, or otherwise negotiated at another financial institution or Bank; or

does not contain a restrictive endorsement reading “For Mobile Deposit Only at Centier Bank” or a restrictive endorsement in materially the same form that would prevent deposit, presentment, or other negotiation of the check after submission via Mobile Deposit Capture.

If you deposit an “Electronically-Created Item,” including but not limited to a “Remotely Created Check,” as such terms are defined in Reg CC, you represent and warrant to us that:

the person on whose account the Electronically-Created Item is drawn authorized the issuance of the item in the amount stated on the item and to the payee stated on the item and

no person has received a transfer, presentment, or return of, or otherwise has been charged for the Electronically-Created Item.

You must sign each check to be submitted using Mobile Deposit Capture with a restrictive endorsement reading “For Mobile Deposit Only at Centier Bank” or a restrictive endorsement in materially the same form that would prevent deposit, presentment, and negotiation of the check after submission via Mobile Deposit Capture.

You shall only transmit images of checks to us of such quality (i) that the check information can be clearly read by sight, (b) as to satisfy all applicable law, regulation, guidance, operating circulars, and payment network and clearing house rules, and (iii) as to satisfy any image quality standards we may establish and communicate to you from time to time. Without limiting the generality of this paragraph, the image quality of any checks transmitted to use via Mobile Deposit Capture must comply with industry requirements established and updated by the American National Standards Institute (“ANSI”).

You further agree that you will not transmit to us any check that you have previously transmitted to us, or negotiate any original item from which you have previously created and transmitted to us a check image, without our consent.

If we receive the image of any check eligible for deposit on or before the Cutoff Time on a Business Day, we will consider that Business Day the day of deposit. Any such images received by us after the Cutoff Time will be deemed to be deposited on the next Business Day. Checks deposited using the Service shall be subject to our funds availability policy and hold procedures generally applicable to your Account.

You agree that we have no obligation to accept any check image and, therefore, we may reject any check image for any reason whatsoever. We will endeavor to notify you but have no obligation to notify you of the rejection of a check image. We shall have no liability to you for the rejection of a check image or for the failure to notify you of such rejection. If we determine that an error exists in the check image or any other information you submit to us with respect to the check image, we may in our discretion either reject the check image or elect to correct the error and accept and process the corrected image. You agree that you shall be solely liable for, and we shall not have any liability whatsoever to you for, any check image that is not received by us or for any check image that is intercepted or altered by an unauthorized third party.

Any credit to your Account for check images processed by us shall be provisional until actual final collection and settlement of the check images. We may reverse any provisional credit to your Account for check images that are lost, stolen or returned. You agree to indemnify us and hold us harmless from any loss we may incur as a result of our reversal of a provisional credit to your Account.

If checks deposited by you are dishonored or otherwise returned unpaid for any reason, you understand and agree that, since you either maintain the original paper check or have destroyed the original paper check in accordance with this Agreement, the original paper check will not be returned to you, and we may charge your Account (or any other account you maintain with us) for the amount of the check plus any applicable fees.

You agree to safeguard and keep the original paper check for fifteen (15) Business Days after you have deposited it. After you verify that the funds were credited to your Account, you agree to mark the Item as “VOID” and properly dispose of it to prevent it from being deposited again. You are solely responsible for destroying the original Item. You may be liable to us for the amount of the check if you fail to follow these procedures and you or any third party cashes or re-deposits the check.

Unauthorized Transactions

Tell us AT ONCE if you believe your code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your code without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your code, and we can prove we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

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

Contact in event of unauthorized transfer. If you believe your code has been lost or stolen, notify us in person, by telephone or in writing at the telephone number or address listed in this disclosure. You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission.

ERROR RESOLUTION NOTICE

In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(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 within 10 business days.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

CENTIER BANK
P.O. Box 279
POWELL, OH 43065
Business Days: Monday through Friday Excluding Federal Holidays
Phone: 833-682-6484

MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST

Disclosure of Account Information to Third Parties

Protecting your privacy is not only important to us, it is vital to our business. All information gathered from you, including but not limited to any information about your Account(s) and any Transfer(s), will be governed by our Privacy Notice and our privacy policy, as they may be amended from time to time and which are incorporated herein by reference. Information about you will be used for purposes of engaging in online and mobile banking transactions through the Billinero™ Digital Banking Services. We may disclose such information to third parties only as allowed by law. Our privacy policy, which includes details about our information sharing practices was provided to you when you opened your Account(s). You authorize us to obtain additional information from a financial institution or other third party to resolve Transfer errors or disputes or to complete a Transfer.

Indemnity

You acknowledge and agree that you are personally responsible for your conduct related to the Billinero™ Digital Banking Services and, to the fullest extent permitted under applicable law, agree to indemnify and hold the Bank, its Service Providers and each of their respective principals, shareholders, owners, members, managers, partners, officers, directors, and employees harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to the following: (i) your use of the Billinero™ Digital Banking Services; (ii) the use of the Billinero™ Digital Banking Services by anyone using your User ID, Password or Security Information; (iii) your violation of this Agreement or any applicable law, regulation, guidance, operating circulars, or payment network or clearing house rules; or (iv) your violation of or infringement on rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.

Risk of Loss

In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you transmitted, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than through Billinero™ Digital Banking Services to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

Our Liability

Notwithstanding anything in this Agreement to the contrary, we make no guarantee or representation that Billinero™ Digital Banking Services will be uninterrupted or error-free. Our sole obligation to you, arising out of nonavailability, interruption or delay in providing the Billinero™ Digital Banking Services, shall be to use commercially reasonable efforts to resume the Billinero™ Digital Banking Services.

The provisions in this “Our Liability” section shall survive termination of this Agreement.

Entire Liability

THE PROVISIONS CONTAINED IN THE PRECEDING PARAGRAPHS UNDER THE HEADING “OUR LIABILITY” CONSTITUTE OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT SHALL WE, OR ANY OF OUR SERVICE PROVIDER(S), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY OUT OF OR RELATED TO THE BILLINERO DIGITAL BANKING SERVICES OR ANY SYSTEMS, SOFTWARE AND/OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY INSTALLATION, MAINTENANCE, CONFIGURATION OR COMPATIBILITY ISSUES RELATED THERETO; MECHANICAL OR ELECTRONIC EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE INTERNET AND COMMUNICATION LINES; ACCESS TO AND USE OF THE BILLINERO DIGITAL BANKING SERVICES; YOUR SYSTEMS; AND FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH COMMUNICATIONS NETWORKS. WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSS THAT MAY BE CAUSED TO ANY SYSTEM, EQUIPMENT AND/OR SOFTWARE DUE TO ANY MALICIOUS CODE, VIRUSES, DEFECTS OR MALFUNCTIONS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF INFORMATION. YOU AGREE THAT YOUR USE OF THE SERVICE(S) IS AT YOUR SOLE RISK.

The provisions in the “Entire Liability” section shall survive termination of this Agreement.

Disclaimer of Warranties

THE BILLINERO™ DIGITAL BANKING SERVICES AND ALL RELATED DOCUMENTATION, SERVICES AND INFORMATION INCLUDED IN OR ACCESSIBLE FROM THE SITE IS PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDER(S) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AS TO THE BILLINERO DIGITAL BANKING SERVICES, RELATED DOCUMENTATION AND ALL INFORMATION INCLUDED IN OR ACCESSIBLE FROM THE SITE. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE BILLINERO DIGITAL BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

The provisions of this “Disclaimer of Warranties” section shall survive termination of this Agreement.

Notices and E-mail

E-MAIL IS NOT INTENDED FOR MATTERS REQUIRING URGENT ATTENTION. You agree that you will not send any confidential information to us via e-mail. You agree that by using Billinero™ Digital Banking Services, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or Billinero™ Digital Banking may be sent to you via regular mail or electronically in accordance with the Electronic Communication Agreement, which you must agree to in order to use Billinero™ Digital Banking Services.

Contact Information Changes

You are solely responsible for providing us with an accurate and complete e-mail address, telephone number, and mailing address and to maintain and update any changes to this information promptly. If your contact information should change in the future, you must notify us. We may not monitor our systems or mailboxes for e-mails or mail that is returned to us as undeliverable and might not attempt to resend any returned e-mail or mail to you. We do not undertake any duty or obligation to determine the correct e-mail address, telephone number, or mailing address through which we will attempt to communicate with you. We will exclusively rely on the contact information that you provide to us and shall be protected to the fullest extent permitted by applicable law in so relying.

Waiver

Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Severability

If any provision of this Agreement conflicts with the law under which this Agreement is to be construed, or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

Survival

All representations and warranties, and limitations of liability set forth in this Agreement shall survive termination of the Agreement.

Assignment

You may not assign this Agreement to any other party. We may assign or delegate certain parts of our rights and responsibilities under this Agreement to affiliated entities, independent contractors or other third parties. If more than one person is authorized to use Billinero™ Digital Banking Services, he or she is bound jointly and severally under this Agreement, and we may act on the Instructions of any authorized user.

Choice of Law

This Agreement and its enforcement shall be governed by the laws of the State of Indiana, without regard to principles of conflicts of laws. Your Accounts with us are also governed by the terms and conditions contained in your Account Agreements.
©2019 Centier Bank. Member FDIC. Equal Housing Lender. All Rights Reserved.