SCOPE OF AGREEMENT
This Digital Banking Agreement and Disclosure (the "Agreement") applies to the electronic banking services you receive from Citizens Bank, N.A., which include, Citizens Bank Online®, Citizens Bank Mobile Banking including the Citizens Bank Online Bill Payment Service (offered on both Citizens Bank Online and Mobile application), the Citizens Bank Business Online Bill Payment Service Zelle®, Mobile Wire Transfers, Face/Touch ID and Mobile Deposit, any other electronic banking services provided by Citizens Bank, N.A. (herein collectively referred to as the “Digital Service”), and any digital investment accounts that you maintain with Citizens Securities, Inc. (“CSI”) linked to the Digital Service. The Digital Service is provided by Citizens Bank, N.A. and all associated Citizens Bank, N.A. brand accounts accessed using the Digital Service (the “Bank”). This Agreement is provided to you in accordance with the requirements of federal and state law. You should read this Agreement carefully to understand how the Digital Service works, as well as your rights and obligations if you enroll in and use the Digital Service.
By using the Digital Service or authorizing others to use the Digital Service, you acknowledge that you have received and understand the terms of this Agreement and agree to the terms and conditions of this Agreement and of all of the agreements that also govern your account with us. The Digital Service is also subject to federal law and, to the extent not preempted by federal law, the law of the state where we open your account, or, if we transfer your account to another location, where we currently maintain your account ("Applicable Law").
In this Agreement, "we", "us" and "our" mean the Bank; and "you" and "your" means account owner or anyone else including each person, or, if applicable, the entity who is an owner, signer, entity with authority to deposit, withdraw, or exercise control over a deposit account or has unrestricted withdrawal rights of a deposit account or, as applicable, a borrower under a credit account, and each person that uses the Digital Service with your permission. When your Digital Service is linked to one or more joint accounts, we may act on the oral, written or electronic instructions of any authorized signer regarding your service for those accounts. Each person on a joint account will be liable for all transactions that are made on that account by all other joint account holders of the account. It is your responsibility to notify us if a signer should no longer be given access to the joint or business account through the Digital Service. Notices sent to the address of one account owner are binding on all account owners.
We recommend that you print or store a copy of this Agreement for your records. You may also review this Agreement from time to time, and at your convenience on our website at www.citizensbank.com. If you are unable to print or store a copy of this Agreement or if you experience computer or printer malfunctions, please call us at 1-800-922-9999 and we will mail you a paper copy of this Agreement.
ELECTRONIC COMMUNICATIONS
As provided more fully in the Electronic Notice Disclosure and Consent you agreed to concurrently with your enrollment in the Digital Service, you agree to receive this Agreement and any and all disclosures or notices required by Applicable Law and all other communications electronically. You also agree that we may respond to any communication you send to us with an electronic communication, regardless of whether your original communication to us was an electronic communication.
Any electronic communication we send to you, including email, SMS text messaging, or use of other electronic communication tools, will be considered received within three (3) calendar days of the date sent by us to the email address or telephone number in your profile. To the extent permissible under Applicable Law, any electronic communication you send to us will not be effective until we receive and have had a reasonable opportunity to act on such electronic communication. You should not rely on electronic communications if you need to communicate with us on an immediate basis. We, therefore, strongly suggest that you report all matters requiring immediate attention (for example, reports of alleged unauthorized transfers or errors, or requests for stop payments) to us by calling the Citizens Bank Contact Center anytime at 1-800-922-9999. We may, however, require you to provide us with written confirmation of any verbal or electronic stop payment request or notice of alleged error. For more information, please see our Contact Us page.
E-MAIL USE
You must designate a primary email address during enrollment or by using the Personal Information section (located under Profile & Settings), which will be used for receiving communications. We may, if you use our Alerts feature or to verify a request made by you via the Digital service, send account information to the email address(es) and/or telephone number you designate. Sensitive information such as account numbers will be only partially shown (masked). Other than Alerts and verification emails, we will not send to you, and we strongly suggest that you do not send to us, any confidential information about your deposit and credit accounts via the public Internet as it is not necessarily secure.
We will not send you an email requesting confidential information such as account numbers, PINs, or passwords. If you receive such an email purportedly from us, do not respond to the email and notify us by calling 1-800-922-9999or forwarding (including header information) the email to fraud_prevention@citizensbank.com.
AGREEMENT AND ACKNOWLEDGMENT
By using the Digital Service or authorizing others to use the Digital Service, you acknowledge that you have received and understand the terms of this Agreement and agree to be bound by all of the provisions of this Agreement and by all of the agreements incorporated herein by reference that also govern your account with us. These agreements may be amended from time to time and we will provide notice of such changes to you as may be required by Applicable Law.
DEFINITIONS
The following definitions govern the terms of this Agreement:
SECURITY AND PROTECTING YOUR ACCOUNT
We are committed to protecting the security and confidentiality of information about you and your Bank Account(s). We use sophisticated technology in the ongoing development of the Digital Service and the activities contemplated thereby to enhance this security. We use several different security methods to protect your Account information:
You can only access the Digital Service with certain browsers that have high security standards.
The Digital Service will automatically log off if prolonged periods of inactivity occur.
Your session will be terminated if you navigate from the Digital Service or any linked service to another web site.
We cannot take responsibility for the content, privacy policies, or practices of third-party sites that may be accessed through use of the Digital Service.
ENROLLING IN AND USE OF DIGITAL SERVICE
The Digital Service is available by clicking on the Citizens Secure Online Banking login at citizensbank.com or by installing the Citizens Mobile application from your smart device and enrolling there. For self-enrollment, we will ask you to provide us with your Last Name, Tax ID Number, and Date of Birth of the account holder to authenticate you. If you do not have this information, please call us at 1-800-656-6561.
If you are a retail customer (may also referred to as a “consumer” for purposes of this Agreement) and choose not to request an ATM or Debit Card, you may enroll by calling us at 1-800-656-6561. We will ask account-specific information to authenticate you. Business customers who do not wish to request an ATM or Debit Card can call us at 1-877-229-6428 to enroll in the Digital Service.
During enrollment, you will be asked to set your profile. You will be prompted to set the following:
YOUR USER ID AND PASSWORD
You should use care when choosing your User ID and Password. We recommend that you avoid easily guessed words and numbers, such as family member names or telephone numbers. Your User ID and Password are exclusively for your use or, for business owners, the use of those authorized by you. You agree to take reasonable precautions to safeguard your User ID and Password. You also agree to never leave your computer or mobile device unattended while using the Digital Service and always exit the Digital Service by clicking on "LOG OUT" located in the upper right portion of the screen after using the online banking application and by clicking on “LOG OUT” located in the dropdown menu on the top left of the mobile app.
You may change your Password or User ID at any time using the “Login & Security” Setting under “Profiles & Settings” .
Your User ID and Password identify and authenticate you to us when you use the Digital Service. You authorize us to rely on your User ID and Password to identify you when you use the Digital Service, and as signature authorization for any transfer or payment made using the Digital Service.
You acknowledge and agree that you are responsible for all transfers and payments you make using the Digital Service and for paying any and all late charges or penalties. You also acknowledge and agree that, if you permit a third-party to use the Digital Service and/or share your User ID and Password, you are responsible for any transfer or payment that third party makes from your Account, even if that third-party exceeds your authorization, and for any other issues that arise with respect to your Account and/or information contained in your Account, by virtue of the fact that you shared your User ID and Password. You agree that we may comply with Transfer or Payment Instructions entered by any third-party using your User ID and Password, subject to the terms set forth more fully below in the Unauthorized Use sections of this Agreement.
PERMISSIBLE ACTIVITIES FOR BANK ACCOUNTS
You may perform the following activities with the Digital Service:
TRANSFERRING FUNDS
Transfers must be made in accordance with the terms of this and any other applicable Account agreements.
Types of Transfers; Posting (This does not include Transfers Outside the Bank or Wire Transfers which can be found in Section 12). Subject to some limitations based on Account type or designation as business or personal, funds may be transferred:
You will need to set up and verify each of the accounts that you wish to use to make these transfers to. We reserve the rights to set dollar limits for all Transfers.
Unless you designate a future date on which a transfer should be made, funds will be transferred promptly after you complete and submit the Transfer Instructions online. You must submit all Transfer Instructions before the Transfer Cutoff Time for funds to be considered as transferred on that particular Business Day.
Modifying or Reversing a Transfer Initiated Through the Digital Service. With the exception of future dated transfers, you may not delete or modify a one-time transfer once you have completed and submitted the Transfer Instructions online. You may reverse the transaction by transferring the funds back to the account from which it was moved. Future dated or recurring transfers may be modified or deleted using Edit or Delete on the Transfer History screen within the Digital Service. Pending transfers may be deleted or modified up to one calendar day from the date they are scheduled to occur. The bank is unable to modify a transfer for you. For assistance in deleting a transfer, please call 1-800-656-6561.
Transfers outside the Bank to Accounts You Own. You may sign up for the option of transferring funds between your linked deposit accounts with the bank and certain deposit or investment accounts at other financial institutions (International Transfers are not supported). You will need to set up and verify each of your non-Citizens Bank accounts that you wish to use for these transfers. You agree that you will only attempt to set up and verify accounts for which you have the authority to transfer funds.
Incoming Transfers. Funds will be debited from your account outside the bank on the date you selected or the system adjusted date for the transfer, and will be credited to your account with the bank on the third business day following the date displayed on the Transfer History screen.
When scheduling a future dated or recurring transfer from your external account to your account with the Bank all transactions will be processed with the Standard delivery timeframe.
The date that is displayed to you on the Transfer History screen is the date the funds will be debited from your external account.
Outgoing Transfers. Funds will be debited from your account with the bank two business days before the adjusted date for the transfer. Funds will be credited to your account outside the bank within one business day following the date displayed to you in your transfer history.
When scheduling a future dated or recurring transfer from your account with the bank to an external account the date you select is typically the date the funds will post to the external account and your account with the bank will be debited 2 business days prior to that date.
The date that is displayed to you on the Transfer History screen is the date the funds will be credited from your external account.
Transfers Outside the Bank to accounts you own. Transfers outside the Bank to accounts you own are subject to the following qualifications.
Consumer Qualifications. We reserve the right to modify limits and/or qualifications at any time, based on our sole discretion.
Business Qualifications. We reserve the right to modify limits and/or qualifications at any time, based on our sole discretion.
Transfer Limits for All Customers.
We reserve the right to set dollar limits on all Transfers Transfer limits apply to the total of all transfers outside the Bank for all accounts. Any transfer initiated on a day that is not a business day counts toward the applicable limit for the next business day. A transfer remains "In Process" until fully processed and it will appear as "In Process" on the Transfer History screen within Digital Banking. Transfers typically remain In Process until the close of the third business day after the transfer is initiated.
Transfers outside the Bank are available to all customers, but you agree we may cancel, without prior notice, upon the occurrence of a "Disqualifying Event," as defined below.
We may change your dollar limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits stated above without prior notice upon occurrence of a Disqualifying Event.
Each of the following is a "Disqualifying Event":
Processing of Transfers Outside the Bank.
Once a transfer is scheduled, your transfer will be reviewed as part of our fraud prevention process, and may be held until further confirmation is received by you. If necessary, we will make attempts to confirm the transfer with you either by telephone or email. You agree to respond to us at your earliest convenience to avoid any delays of your transfer processing.
How are repeating transfers frequencies scheduled?
Weekly | Transfers occur every 7 days beginning with the first transfer date specified. |
Bi-weekly | Transfers occur every 14 days, or every other week, beginning with the first transfer date specified. |
Semi-monthly | Transfers occur on the first transfer date specified and then again every 15 days after the first transfer date. |
Monthly | Transfers occur on the same calendar day of every month, beginning with the first transfer date specified. |
Every Four Weeks | Transfers occur every 28 days beginning with the first transfer date specified. |
Bi-monthly | Transfers occur on the same calendar date every other month beginning with the first transfer date specified. |
Quarterly | Transfers occur on the same calendar date every 3 months beginning with the first transfer date specified. |
Semi-annually | Transfers occur on the same calendar date every 6 months beginning with the first transfer date specified. |
Annually | Transfers occur on the same calendar date every year beginning with the first transfer date specified. |
Note: If the recurring transfer is scheduled on a weekend or bank holiday, the transfer will be processed on the following business day.
Transaction Processing for Transfers Outside the Bank. Citizens Bank shall process Entries on your behalf, including by transmittal through the Automated Clearing House (ACH) and therefore you agree to abide by all applicable laws of any such clearing house and all applicable NACHA rules. Citizens Bank can reject a transfer if it is not in compliance with all applicable rules.
You shall be solely responsible for the accuracy and completeness of Transfer Instructions transmitted to Citizens Bank. Citizens Bank shall not be responsible for any errors in the Instructions or requests for cancellation or amendment of Instructions transmitted to Citizens Bank by you, and your sole recourse for erroneous or unauthorized Entries or Instructions received by Citizens Bank from a third-party processor acting on behalf of you is against such third-party processor and not against Citizens Bank.
Settlement for Entries will occur as provided in the Rules, except that Citizens Bank may, upon notice, require Settlement prior to processing. Payment of a Credit Entry by the Receiving Depository Financial Institution to the Receiver shall be provisional until receipt by the Receiving Depository Financial Institution of final Settlement for such Entry. You acknowledge that, if such final Settlement is not received, the Receiving Depository Financial Institution shall be entitled to a refund from the Receiver of the amount credited and you shall not be deemed to have paid the Receiver the amount of the Entry.
If an Entry describes the Receiver inconsistently by name and account number, payment may be made on the basis of the account number even if it identifies a person different from the named Receiver. In addition, if an Entry describes the Receiving Depository Financial Institution inconsistently by name and identification number or routing number, payment may be made on the basis of the identification number or routing number even if it identifies a financial institution other than the named Receiving Depository Financial Institution.
If you transmit an Entry that instructs Citizens Bank to debit or credit an account at a financial institution that does not participate in an ACH association, Citizens Bank may reject such Entry and use reasonable efforts to notify you of such rejection.
You agree to maintain sufficient collected balances in your Account to cover your transfer obligations for all Entries transmitted to Citizens Bank.
You authorize Citizens Bank to obtain payment of any amount due Citizens Bank with respect to any of the Entries by debiting, without prior notice or demand, the Account or any other account maintained by you at Citizens Bank or, to the extent permitted by applicable law, any of its affiliate banks.
Entries requiring payments in excess of the collected balances available in the Account may be returned unprocessed by Citizens Bank, provided that Citizens Bank may, in its discretion, debit other accounts maintained by you at Citizens Bank in order to complete the Entry or honor the payroll check.
You shall fund the Account with collected funds on or prior to any applicable Settlement Date, or, if so notified by Citizens Bank, on or prior to the date any Entries are to be processed. In the event that there are not sufficient collected funds in the Account to cover all Entries transmitted to Citizens Bank by you, such Entries will be completed in the order determined by Citizens Bank. If you fail to fund the Account as required, then Citizens Bank may refuse to provide Transfers Outside the Bank Services to you.
With respect to Credit Entries, you agree that Citizens Bank may place a hold on funds in the amount of the Entry between the time the Entry is transmitted to Citizens Bank and the time the transfer is completed.
With respect to Debit Entries, you agree that Citizens Bank may place a hold on amounts credited to the Account between the time the amount is credited and the time the credit becomes final and irrevocable. Citizens Bank requires you to fund the Account in advance of a Settlement Date in an amount sufficient to cover all Entries scheduled to be settled on such date.
Periodic Statements Transfer outside the Bank Entries processed will be reflected in periodic statements issued by Citizens Bank, N.A. You must notify Citizens Bank promptly of any discrepancy between your records and the information reflected in such periodic statements. If you fail to notify Citizens Bank of any such discrepancy within the time period set forth in the Account Agreement, you shall be precluded from asserting the discrepancy against Citizens Bank.
MOBILE WIRE TRANSFERS
BILL PAYMENT SERVICE
Bill Payments may only be made from Eligible Linked Accounts that are Checking or Money Market Accounts and must be made in accordance with the terms of this Agreement and any other applicable Account agreements. In order to make a Bill Payment, customers must have a social security number. Furthermore, Bill Payments may only be made in the United States.
Payment Methods. There are two possible methods that may be used to remit your payment.
The Bill Payment Service reserves the right to select the method in which to remit funds on your behalf to your Biller.
Scheduling Bill Payments.
When entering your Payment Instructions, you will be asked to provide a Pay Date. To avoid late fees and other finance charges, the Pay Date that you enter should be equal to or earlier than the actual Due Date of your bill, not the late date and/or a date within the grace period. If it is not, you will be responsible for any late payment fess, finance charges or other action taken by the Biller or us.
The earliest possible Pay Date for each Biller will be presented via calendar when you are scheduling the payment. Therefore, the application will not permit you to select a date less than the earliest possible Pay Date designated for each Biller. When scheduling payments you must select a Pay Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Pay Date that is at least one (1) Business Day before the actual Due Date. Pay Dates must be equal to or prior to the actual Due Date of the bill, not the late date and/or a date within the grace period.
If you properly follow the procedures for submitting payments, and we fail to make a bill payment from your Payment Account on time and in accordance with your Payment Instructions, we will be liable to you as described in the section of this Agreement entitled OUR LIABILITY FOR FAILURE TO TRANSFER FUNDS OR COMPLETE BILL PAYMENTS.
Prohibited Payments.
You cannot use the Bill Payment Service to pay any company or person with an address outside the United States or its territories.
Tax and court ordered payments may be scheduled through the Bill Payment Service; however, such payments are discouraged and must be scheduled at your own risk.
The bank is not responsible for researching these types of payments, in the event they don't process as scheduled. Prohibited Payments are not covered by the Digital Guarantee.
We also reserve the right to refuse to make payments to certain Billers. We will promptly notify you if we decide to refuse to make a payment to a certain Biller. We will not, however, notify you if you attempt to make a Prohibited Payment.
In no event will we be liable or any claims or damages resulting from the scheduling of Prohibited Payments. All service guarantees are void when a Prohibited Payment is scheduled or processed. The Digital Service has no obligation to research or resolve any claim resulting from a Prohibited Payment. All research and resolution for any misapplied, mis-posted, or misdirected payments will be the sole responsibility of you and not of the Digital Service.
Returned Payments. In using the Digital Service, you understand that Billers, payment processors, or the United States Postal Service may return payments to the Digital Service for various reasons. These reasons can include, but are not limited to the following:
The Digital Service will use its best efforts to research and correct the returned payment and return it to your Biller. Electronic to Check payments outstanding after 90 days may be voided and the payment amount credited to your Payment Account. Laser Draft payments will remain outstanding. You are responsible for reconciling your Account(s) and reviewing the status of the payments. If we are unable to complete a payment for any reason, we may, in a method of our choosing and at our sole discretion, provide you with notice.
Stop Payment Requests. A stop payment may only be requested if a check has been issued for your payment and if the check has not cleared. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service may not have a reasonable opportunity to act on any stop payment request and will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule in the agreement governing your accounts with us.
A stop payment cannot be requested if the payment was remitted to your Biller electronically. You should contact your Biller directly to request any payment refund. If you desire assistance with this process, you must contact Customer Service.
Other than as described above, you may not stop or edit a bill payment.
Bill Delivery and Presentment. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
In order that your privacy may be protected, we will not disclose any information to third parties about you, including e-mail addresses, or your Accounts or the transfers you make, except in the situations noted below. We will disclose such information:
INSUFFICIENT FUNDS TO COMPLETE TRANSFER OR BILL PAYMENT</strong
You must have available funds in your Account, and any Account linked for an overdraft plan, on the date that your payment or transfer will be made, and your Account will be debited. If a Bank Account has insufficient funds, the transaction may not be completed. If we, in our sole discretion, decide to complete the transaction, we may require you to pay the overdraft and charge you an overdraft fee. We are not, however, under any obligation to allow an overdraft to be created, unless you have an overdraft plan in place on the affected Account(s).
OUR LIABILITY FOR FAILURE TO TRANSFER FUNDS OR MAKE PAYMENT
If we debit your Account incorrectly or your payment is sent to a person or entity different than set out in your Payment Instructions, we will be responsible for returning the improperly transferred funds to your Payment Account and for resending the payment properly. If we do not complete a transfer or bill payment to or from your Account on time or in the correct amount in accordance with your Transfer or Payment Instructions, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if:
If your profile or one of the funding accounts is inactivated, any Pending Payments and recurring models will be cancelled. If you are reactivated at any time, these Pending Payments and recurring models have been cancelled and will never process. Any recurring models that were previously added will have to be set up again. If you go to a “Frozen” status, Pending Payments and recurring models are not cancelled they are considered in a "hold" status. Hence, if you are moved from an “Frozen” status back to an “Active” status payments that were Pending in the past seven (7) business days and in the future three (3) business days will be selected and processed.
Unless otherwise required by Applicable Law, we will not be liable to you under any circumstances for special, indirect or consequential damages, including without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.
CONSUMER BANK ACCOUNTS - UNAUTHORIZED USE
CONTACT IN THE EVENT OF UNAUTHORIZED USE. If you believe your User ID or Password has become known or has been used (or may be used) without your permission, call the Contact Center immediately at 1-800-922-9999, 24 hours a day or write to us at:
Citizens Bank
C/O Digital Services
One Citizens Drive
Riverside, RI 02915
Please see the Contact Us page for more contact options.
Tell us AT ONCE if you believe your Digital User ID or Password, or both, has been lost, stolen, or used (or may be used) without your permission. Telephoning is the best way of keeping possible losses to a minimum. You could lose all of the money in your Account, including any amount available in a linked Overdraft Line of Credit or overdraft Savings Account. If you notify us within two (2) Business Days after you discover your Digital User ID, Password or other means of access to your account has been lost or stolen, you can lose no more than $50 if someone used your Digital User ID or Password without your permission.
If you do NOT notify us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your Digital User ID, Password or other means to access your account if you had notified us, you could lose as much as $500.00.
Massachusetts Customers: You can lose no more than $50.00 if you fail to give us notice of your Digital User ID or Password being used without your permission.
Also, if your statement shows transfers that you did not make, including those made by User ID, Password, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement containing the unauthorized activity was sent to you, you may not get back any money you lost after the sixty (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.
In Case of Errors or Questions About Your Electronic Transfers. In case of errors or questions about your payments or transfers, you should notify us as soon as possible via one of the following:
Write us at:
Citizens Bank
C/O Digital Services
One Citizens Drive
Riverside, RI 02915
If you think your statement is incorrect or you need more information about a Digital Service transaction listed on the statement, we must receive notice from you no later than sixty (60) days after the FIRST statement was sent to you on which the error appears. You must:
It will be helpful to us if you also give us a telephone number at which you can be reached in case we need any additional information.
If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after you have notified us. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to investigate your complaint or question following the date you notified us. If we decide to do this, we will credit your Account within ten (10) Business Days 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 ten (10) Business Days, we may not credit your Account.
For errors involving new Accounts, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error.
We will provide you the results within three (3) Business Days after completing our investigation. If it is determined that there was no error we will mail you a written explanation. You may ask for copies of documents used in our investigation. We may revoke any credit provided to you if we find an error did not occur.
BUSINESS ACCOUNTS - UNAUTHORIZED USE
Unauthorized Use. In case of errors or questions about your transactions, you should call us at 1-800-922-9999, or write us at:
Citizens Bank
C/O Digital Services
One Citizens Drive
Riverside, RI 02915
We will use commercially reasonable efforts to resolve the error or question. The following definitions shall apply to this Section of the Agreement as related to Business Accounts only.
Super User. The Super User, or Business Admin, is the individual designated, generally the business owner or Account holder (as defined on the Business Deposit Account Certificate of Authority) to control access rights to the Digital Service. The Super User must be authorized to act on behalf of the business. The Super User is designated during enrollment. If you auto-enroll (using an eligible ATM or Debit Card and PIN) you will be designated as the Super User. One Super User may be designated per Digital Service profile.
Sub User. The Sub User, or delegate, is an individual authorized by the Super User to access the Digital Service.
Access. The Super User will have full access to the Digital Service and can set up one or more Sub Users and authorize each Sub User to have access to all or any part of the Digital Service that the Super User can access. The Super User and each Sub User will have separate Digital User IDs and Passwords. You acknowledge that by authorizing access to a Sub User, you will be allowing the Sub User to view (including check images), maintain, and transact, including transfers and bill payments, as granted by the Super User, on linked business Accounts assigned by the Super User within the Digital Service. You also acknowledge that the Sub User will, at a minimum, be able to view Account balances, transactions, check images, Digital statements and Digital notices for any Account for which access has been granted. It is the responsibility of the business to notify us of any additions or changes (including removal of any authorized Super or Sub User) to your Digital Service.
Linking Business and Personal Accounts. If you are a business owner or Account holder and the Super User for a Digital profile and are an owner or Account holder of other Accounts, either business or personal, you may choose to link the Accounts on the same profile (using the same Digital User ID and Password). You understand that error resolution policies and other terms of the Digital Service are different for business and personal Accounts, regardless of whether they appear on the same profile. Your Digital access to both Accounts must be the same (for example, you may not link an Account on which you have inquiry-only access to an Account on which you have full access.) You agree to notify us if your access to or authority over any linked Account changes. We will not be liable for any unauthorized activity prior to notification or until we have had a reasonable opportunity to act.
YOU ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY ACCESS, MAINTENANCE, PAYMENTS, TRANSFERS OR OTHER TRANSACTIONS INVOLVING ANY ACCOUNT LINKED TO YOUR SERVICE BY ADDITIONAL USERS THAT OCCURS BEFORE YOU NOTIFY US OF CHANGES OR POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD REASONABLE OPPORTUNITY TO ACT.
RELATED AGREEMENTS
Your Accounts linked to the Digital Service will also be governed by the agreements, disclosures and other documents provided to you in connection with the opening of your Account(s) and as they may be amended from time to time. If you have overdraft plan accounts that are linked to your Account, they continue to be governed by the applicable agreements you have with us. Except in the case of your Deposit Account Agreement with us and the accompanying Fees and Features Guide, if any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency.
LINKED DIGITAL INVESTMENT ACCOUNTS
You can access your Digital Investment Accounts through the Digital Service via a link provided for that purpose. If you choose to access your Digital Investment Accounts through the online banking that link you will be leaving the Citizens Bank site and will be redirected to the SpeciFi website, which is hosted by a third-party. Please note that use of the SpeciFi website and the digital investment services available through the site are subject to the terms and conditions of your agreement with CSI, which may have different privacy and information securities policies from those of Citizens Bank.
TERMINATING, RESTRICTING, AND SUSPENDING THE DIGITAL SERVICE
We reserve the right to terminate, restrict, suspend, or freeze your use of the Digital Service for any reason, including an Adverse Event or inactivity, and at any time without notifying you. You have the right to terminate your use of the Digital Service by calling us at 1-800-656-6561 at any time during our normal business hours, or by writing to us at:
Citizens Bank
C/O Digital Services
One Citizens Drive
Riverside, RI 02915
If you call, we may require you to put your request in writing and get it to us within ten (10) days after you call. If you have recurring payments or transfers from your Account, you must notify the Biller of your termination of the Digital Service.
If you become subject to any Adverse Event, Digital Service access for all users of your Account will be suspended until such Adverse Event has ended, and we receive a request for reinstatement. Reinstatement of Account access will be subject to standard approval rules for Digital Service access.
Any termination, restriction, or freeze of your use of the Digital Service, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement which have arisen before the effective date of such termination or are otherwise identified as surviving such termination.
AMENDMENTS OR CHANGES TO DIGITAL SERVICE OR AGREEMENT
We reserve the right, from time to time, to amend this Agreement or change the features or services offered by the Digital Service, in our sole discretion. In instances where such changes will have an adverse impact upon you or we are otherwise required by Applicable Law or regulation, we will send you written or electronic notice about the change at least twenty-one (21) calendar days prior to the effective date of any such change. If however, the change is made for security purposes, the change will be implemented without any notice to you.
If any such required advance notice is returned to us as undeliverable because of a change in your address which you have not notified us about in writing or any other reason which is not our fault, the changes described in that notice are still binding on you. If you do not agree to the changes, you may terminate this Agreement or use in any one specific digital service, such as FACE/Touch ID or Mobile Deposit in accordance with the terms of this Agreement. You will be deemed to accept any changes to this Agreement if you continue your enrollment in or use the Digital Service, including, but not limited to Face/Touch ID and Mobile Deposit after the date on which the changes became effective.
CAPTIONS
The captions and headings contained in this Agreement are for convenience of reference only and shall not be used to limit the applicability or meaning of any provisions of this Agreement.
VIRUS PROTECTION
You agree that we are not responsible for any electronic virus that you may encounter using the Digital Service. We encourage you to routinely scan your computer, mobile device 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.
LIMITED LIABILITY
Except as specifically provided in this Agreement or where Applicable Law requires a different standard, you agree that neither we or any third party service provider engaged by us to perform any of the services related to the Digital Service, shall be responsible for any damages or losses, whether related to property or bodily injury, incurred as a result of your using or attempting to use the Digital Service, whether caused by equipment, software, Internet Service Providers, browser software or any agent or subcontractor of any of the foregoing. Without limiting the foregoing, we will not be liable for delays or mistakes which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, insurrection, war, riots, acts of terrorism, failure of transportation, communication or power supply, or malfunction or unavoidable difficulties with our equipment. You also agree that we or any third-party service provider that we engage with, will not be responsible for any direct, punitive, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Digital Service or Internet Browser or access software, or from the unavailability of the Digital Service or for any errors in information provided through the Digital Service.
If a court finds that we are liable to you because of what we did (or did not do, as the case may be) under or in connection with this Agreement, you may recover from us only your actual damages, in an amount not to exceed the total fees and charges paid by you to us under and in connection with this Agreement during the 6 month period immediately preceding the event giving rise to our liability. You agree that the dollar limitation described in the preceding sentence is reasonable, to the extent permitted by Applicable Law.
IN NO EVENT WILL YOU BE ABLE TO RECOVER FROM US ANY SPECIAL CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, SUBJECT TO APPLICABLE LAW.
CHARGES AND FEES
There is no monthly maintenance fee for the Digital Service. There may be incidental charges and fees associated with the Digital Service, such as those in the credit account and deposit account agreements, including, but not limited to, Account fees and charges you initiate by requesting stop payments, check copies, or other services.
We reserve the right to change any incidental charges and fees associated with the Digital Service from time to time. Consult your credit account agreement or Personal or Business Deposit Account Agreement and related Fees and Features guide for reference to additional fees that may be incurred.
ADDRESS OR BANKING CHANGES
We will rely on your address as it appears on our records for any and all communications we send to you unless you notify us of a change of address through the Online Banking application or, for Bank Accounts, by writing us at:
Citizens Bank
C/O Digital Services
One Citizens Drive
Riverside, RI 02915
or by calling Citizens Bank Contact Center anytime at 1-800-922-9999, and we have had a reasonable opportunity to act on such notice. You also agree to notify us in writing at the above address at least ten (10) Business Days in advance of any change in your banking status or other customer information, such as your e-mail address or phone number.
INFORMATION AUTHORIZATION
Your enrollment in the Digital Service may not be fulfilled if the Digital Service cannot verify your identity or other necessary information. Through your enrollment in the Digital Service, you agree that the Digital Service may obtain a credit report on you from time to time. Information obtained will be used by the Digital Service to verify information you provide to the Digital Service and for other business purposes. You agree that the Digital Service reserves the right to obtain financial information regarding your Account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification). In addition, you agree that the Digital Service reserves the right to verify any of the information you provide.
ASSIGNMENT AND DELEGATION
You may not assign this Agreement, in whole or in part, or delegate any of your responsibilities under this Agreement to any third party or entity. Any such attempted assignment or delegation will not be recognized by us unless and until acknowledged by us in writing. We are not, however, under any obligation to give you our written acknowledgment.
We may, in our sole discretion and at any time, assign this Agreement, in whole or in part, or delegate any of our rights and responsibilities under this Agreement to any third party or entity.
NO WAIVER
No delay of or waiver by us of any power, right, remedy or obligation under or in connection with this Agreement on any one occasion will constitute a waiver of that power, right, remedy or obligation on any later occasion. In any event, no such delay or waiver by us is effective unless it is in writing and signed by us.
GOVERNING LAW
This Agreement shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where we open your Account, or, if we transfer your account to another location, where we currently maintain your Account, without regard to its choice of law provisions.
PROVISIONS SEVERABLE
If any provision of this Agreement is held to be void or unenforceable by a court of competent jurisdiction, or any governmental agency having competent jurisdiction over us, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be treated as part of this Agreement. All other provisions of this Agreement will, however, remain in full force and effect.
ENTIRE AGREEMENT
This Agreement may be amended by us from time to time and is the entire agreement between you and us with respect to the Digital Service and supersedes any and all prior communications and prior agreements between you and us with respect to the Digital Service.
INDEMNIFICATION AND THIRD PARTIES
You hereby indemnify Bank and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each an "Indemnified Party" and, collectively, the "Indemnified Parties") for, and hold each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys' fees) of any nature or kind (including those by third parties) arising out of, or related to, this Agreement, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from: (a) your (i) failure to report required changes, (ii) transmission of incorrect data to Bank or (iii) failure to maintain compliance with the Rules, (b) (i) Bank's provision of the Service, and/or (ii) Bank's action or inaction in accordance with, or in reliance upon, any instructions or information received from any person Bank reasonably believes to be you, (c) your breach of any of your representations, warranties, covenants or other agreements or responsibilities under this Agreement,(d) your breach or violation of any Rules, and/or (e) (i) your use or the use by any authorized users of Face/Touch ID, your account(s) or your Device, or (ii) any breach of these Terms by you, any joint account holders, or any authorized users of Face/Touch ID, your account(s) or your Device. You agree that you will use your best efforts to cooperate with us in the prosecution or defense of any such claim(s) ; provided, however, you are not obligated to indemnify Bank for any damages solely and proximately caused by Bank's gross negligence or willful misconduct.
DISCLAIMER OF WARRANTIES
UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, THE DIGITAL SERVICE IS PROVIDED AS IS, AND WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DIGITAL SERVICE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT.
YOU AGREE YOUR USE OF THIS DIGITAL SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE TO BE PERFORMED PURSUANT HERETO.
THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO THE SUITABILITY OR COMPATIBILITY OF THE BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CONTACTING YOU AND MOBILE ALERTS
Citizens’ e-mail ,SMS message, and Online Banking Message Center banking alerts service, enables you to receive notices from time to time concerning available balance information and other issues relating to your Citizens account(s). By signing up to receive one or more of the notices that are offered by the banking alerts service, you acknowledge that you are aware of and agree to abide by the following terms and conditions:
BIOMETRIC AUTHENTIFICATION
In order for you to utilize the Face ID™, Touch ID™, or other biometric authentication technology functions of our Mobile Banking Application (collectively “Biometric Authentication”), you must be enrolled in the Digital Service and agree to this Agreement and the Electronic Notice Disclosure and Consent. Other agreements you may have entered with the Bank in connection with your Citizens accounts and other services, are incorporated by reference and made a part of this Agreement. Terms not otherwise defined in this Agreement shall have the definition ascribed to those terms in the applicable agreement(s).
Relationship to Phone Manufacturers. Biometric Authentication tools utilize your phone manufacturer’s biometric technology. Your phone manufacturer is the provider of Biometric Authentication technology and is solely responsible for its use and functionality. You should contact your phone manufacturer’s customer service if you have any questions concerning how to use the Biometric Authentication technology or experience problems with the Biometric Authentication technology.
Citizens does not have access to your facial recognition or fingerprint information. For information on how your phone manufacturer uses and stores mathematical representations of your face, your fingerprint and Keychain data, please see your phone manufacturer’s Privacy Policy and Security Guides. Uninstalling the Citizens Mobile Banking Application does not delete your Keychain data from your Device.
Account and Device Eligibility. Biometric Authentication is currently available on the Citizens Mobile Banking Application. You are required to have an eligible Device to use Biometric Authentication. Devices which have been unlocked in an unauthorized fashion or otherwise modified may not be eligible for use with Biometric Authentication. You understand and agree that the use of an ineligible Device in connection with Biometric Authentication is expressly prohibited, constitutes a breach of these Terms, and is grounds for us to suspend, terminate, or otherwise deny access to the Mobile Banking Application.
We reserve the right to suspend, disable or deactivate the Biometric Authentication function at any time.
Lost or Stolen Devices; Unauthorized Use. You understand that Apple requires a passcode on iOS Devices to enable Biometric Authentication, and agree to use a passcode while utilizing Biometric Authentication.
If you utilize Biometric Authentication and (1) your Device is lost or stolen, (2) your credentials are compromised (including if you have a reasonable belief that your credentials have been compromised), or (3) you believe unauthorized person(s) have made or attempted to make transactions using Biometric Authentication, you agree to notify Citizens immediately at 1-800-922-9999 and deactivate Biometric Authentication.
Subject to your other Account Agreement(s) with Citizens, if you fail to notify us in a timely manner, you may be liable for all or a portion of the losses associated with the unauthorized use of Biometric Authentication. You agree to cooperate with us in connection with any resulting investigation into allegations of fraud or unauthorized use in connection with Biometric Authentication or other engagement using the mobile banking application.
CITIZENS BANK MOBILE DEPOSIT™ SERVICE TERMS OF USE
This section contains the terms and conditions for use of the Mobile Deposit Service that the Bank provides to you. Before you can enroll in and have access to the Mobile Deposit Service, you must enroll in the Digital Service and this Agreement and the Electronic Notice Disclosure and Consent, which is hereby incorporated by reference and is made a part hereof. Other agreements you have entered into with the Bank in connection with your Citizens Bank accounts and other services, including but not limited to, as applicable, the Personal Deposit Account Agreement (including Arbitration Agreement), Business Deposit Account Agreement, Funds Availability Disclosure, Consumer Privacy Notice, Online Privacy Policy, Fees and Features Guide, and Account Signature Card (collectively, the "Account Agreements") are incorporated by reference and made a part of this Agreement. Terms not otherwise defined in this Agreement shall have the definition ascribed to those terms in the Account Agreements. In the event of a conflict between this Agreement and the Account Agreement, this Agreement will govern.
Fees. We may, upon notice to you, to the extent required by applicable law, charge a fee for use of the Mobile Deposit Service. You are responsible for paying the fee for the use of this Mobile Deposit Service. Any fee that is charged will be disclosed prior to your Mobile Deposit. The Bank may change the fee for use of this Mobile Deposit Service from time to time pursuant to this Agreement. You authorize the Bank to deduct any such fee from any of your Bank accounts, even if such deduction causes an overdraft in the account. Should you fail or refuse to pay any charges under this Agreement, you agree to pay all collection costs (including reasonable attorney's fees) that may be incurred by the Bank.
In addition to the Mobile Deposit Service Fees, you agree to pay all taxes, tariffs and assessments levied or imposed by any government agency in connection with the Mobile Deposit Service, this Agreement and/or the software or equipment made available to you (excluding any income tax payable by the Bank). You are also responsible for the costs of any communication lines and any data processing charges payable to third parties.
Eligible Items and Security Interest. You agree to scan, and deposit only checks as the term check is defined in Federal Reserve Regulation CC ("Reg. CC"). You agree that the Image of the check that is transmitted to the Bank shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code (1990 Official Text).You agree that you will not use this Service to scan and deposit any of the following checks ("Prohibited Check"), which shall be considered prohibited notwithstanding that such checks may constitute "checks" under Reg. CC:
You agree that we may, in our sole discretion, amend the list of Prohibited Checks from time to time. If you deposit a Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys' fees) the Bank may incur associated with any warranty, indemnity or other claim related thereto.
You grant us a security interest in all of your accounts or other deposits (whether general or special) at the Bank, and in all funds in such accounts or other deposits, to secure your obligations to the Bank under this Agreement to the maximum extent permitted by applicable law. This security interest will survive termination of this Agreement.
Endorsements and Procedures. You agree to restrictively endorse any check transmitted through the Mobile Deposit Service with your name and the legend "FOR MOBILE DEPOSIT TO CITIZENS BANK ONLY" or as otherwise instructed by us. You shall scan the front and back of each check to be deposited and thereby capture the image of the front and back of each check and any other required data from each check and transmit the Images to be deposited and all other required data and information from or pertaining to such checks to us or our Processor in accordance with the Procedures. We reserve the right to amend the Procedures, with or without prior notice to you. You agree to comply at all times with the Bank's "Safety and Security Procedures" published on the Banks' website and to safeguard the confidentiality and security of the Security Procedures and all other proprietary property or information the Bank provides to you in connection with the Mobile Deposit Service and to notify us immediately if you have any reason to believe the security or confidentiality required by this provision has been or may be breached. You acknowledge, understand and agree the Security Procedures are not designed for the detection of errors. The Bank is not, and will not be, obligated to detect errors by you or others, even if the Bank takes certain actions from time to time to do so. To ensure accuracy, you shall key the amount of each check prior to transmitting the Mobile Deposit in accordance with the Procedures. You may send multiple Mobile Deposits to us or Processor on the same day, not to exceed the deposit limits discussed in this Agreement.
We may endorse any check that does not have an endorsement for you, or treat the check as if we had endorsed it. Also, any check deposited to your account that appears to contain your stamped or facsimile endorsement will be treated as if you had actually endorsed it.
Image Quality. The Images of checks transmitted to the Bank using this Mobile Deposit Service must be legible, as determined in our sole discretion. Without limiting the foregoing, each Image of each check must be of such quality that the following information can be clearly read and understood by sight review of such Image:
Each Image shall also comply with any other requirements established from time to time by the Bank, and shall meet all standards for image quality established by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse or association.
Receipt of Mobile Deposit and Notification. You agree that you shall be solely liable for, and the Bank shall not have any liability whatsoever to you for, any Mobile Deposit or the Images or other information contained therein that are not received by the Bank. You also agree to be liable for Mobile Deposits or the Images or other information contained therein that are intercepted or altered by an unauthorized third party or dropped during transmission. You agree that the Bank has no obligation to accept a Mobile Deposit and, therefore, we reserve the right to reject any Mobile Deposit or the Images or other information contained therein transmitted through this Service, at our discretion, without liability to you. Unless required by applicable law, the Bank has no obligation to notify you of the rejection of a Mobile Deposit or the Images or other information contained therein and shall have no liability to you for failing to do so. A Mobile Deposit is considered received by the Bank when a complete copy of the Mobile Deposit has been written on a Bank electronic storage device in conformity with the Bank's technical and operational requirements. To meet the cut-off time referenced in this Agreement, the Mobile Deposit must be received by the Bank prior to the cut-off time and successfully pass the edits for conformity with the technical requirements. For purposes of determining when a Mobile Deposit has been delivered and received, the Bank's records shall be determinative. If customer elected to receive a receipt, upon receipt of a Mobile Deposit, we will send a confirmation that we have received the Mobile Deposit. Your receipt of such confirmation does not mean the transmission was error free, complete or will be considered a Mobile Deposit and credited to your account.
Upon receipt of a Mobile Deposit submitted by you, the Bank may examine such Mobile Deposit and the Images and other information contained therein to ensure that you have complied with this Agreement and followed the Procedures. If the Bank determines that you have not complied with this Agreement or followed the Procedures or if errors exist in the Images or other information contained in the Mobile Deposit, the Bank, in its sole discretion, may either reject the Mobile Deposit or elect to correct the error, and accept and process the corrected Mobile Deposit (a "Corrected Mobile Deposit"). As a form of correction, the Bank may credit your account for the full amount of the deposit and make any necessary adjustments to the account to correct the error. The Bank may, at its option, also perform a risk management analysis of one or more Mobile Deposits submitted by you to detect potentially fraudulent checks, and, in its sole discretion, the Bank may reject any such Mobile Deposit, the Images or other information contained therein. If after examination of a Mobile Deposit, the Images and other information contained therein, the Bank determines that you have complied with this Section 38, processed and transmitted the Mobile Deposit in accordance herewith and with the Procedures, the Bank shall accept the Mobile Deposit for deposit to your Account. Notwithstanding the fact that Bank has accepted a Mobile Deposit for processing, any credit made to your Account shall be provisional until the final settlement of the deposited item, and you shall remain liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against, the Bank.
Accessibility of Mobile Deposited Funds. Funds from your Mobile Deposit that are received and accepted by the Bank will be made available to you at the time and on the basis described below in the Mobile Deposit Accessibility Schedule below and not according to the Funds Availability Policy found in your Account Agreement.
The Mobile Deposit Service is subject to transaction limitations and the Bank reserves the right to change our Mobile Deposit Accessibility Schedule, in our sole discretion, subject to applicable law.
Explanation of important terms
Time of Mobile Deposit |
Check Type |
Close of Same Business Day Available to pay checks and purchases that post to your account that night. |
Next Business Day Available for next Business Day withdrawals and to pay checks and purchases that post to your account the next night. |
Second Business Day Available for 2nd Business Day withdrawals and to pay checks and purchases that post to your account on the 2nd night. |
Deposited up to 10:00 pm Eastern Time on any Business Day |
Citizens Bank Check |
X | ||
Federal Government Check |
X | |||
Non-Citizens Bank Check |
X | |||
Deposited after 10:00 pm Eastern Time on any Business Day |
Citizens Bank Check |
X | ||
Federal Government Check |
X | |||
Non-Citizens Bank Check |
X |
* Note for new deposit relationship customers: All non-Citizens Bank check deposits are subject to a 5-day funds hold during the first 27 days of account ownership.
Special Rules for “Instant Funds from Citizens™” (Instant Funds): Bank may offer customer the option to access funds sooner than identified in the Mobile Deposit Accessibility Schedule if the mobile check deposit qualifies for Instant Funds. Access includes immediate usage for withdrawals and new purchases. If deposited before 12:00 AM Eastern Time on a Business Day; Instant Funds can also be used to pay checks and other items that post to your account on that business day.
For qualified checks drawn on Citizens, Instant Funds will be automatically applied when approved at no fee.
Qualification of checks for Instant Funds are at the sole discretion of the Bank. Bank reserves the right to set limits and/or qualifications at any time.
Maintenance and Disposal of Transmitted Checks. You shall mark, stamp, or write on the original check "Electronically Presented" after scanning the check in accordance with paragraph 6 of this Section 38. You agree to securely store the original check for a period of ten (10) calendar days from the date of the Image transmission (such period the "Retention Period"). During the Retention Period, you shall take appropriate security measures to ensure that: (a) only authorized persons shall have access to original checks, (b) the information contained on such checks shall not be disclosed, (c) such checks will not be duplicated or scanned more than one time and (d) such checks will not be deposited or negotiated in any form. During the Retention Period, you agree to promptly (but in all events within 5 business days) provide the original check to the Bank upon request. The risk of loss due to the unavailability of the original or copy of a check for any reason, during the Retention Period, shall be exclusively on you.
Upon expiration of the Retention Period, you shall securely and irretrievably destroy the original checks you transmitted using commercially reasonable methods of destruction. You are obligated to ensure that the original checks are not accessed by unauthorized persons during the storage, destruction, and disposal process and, once destroyed, the original checks will be unprocessable and all sensitive personal and financial information undecipherable. You hereby indemnify the Bank for, and hold the Bank harmless from and against, any and all claims, demands, actions, causes of action, losses and damages, of whatever nature or kind, and regardless of the theory upon which the same is (are) based, caused directly or indirectly by, arising out of, related to, in connection with or resulting wholly or partially from, the retention and destruction of original checks by you.
Yours and Our Duties and Responsibilities. Our duties and responsibilities are limited to those described in this Agreement, the Account Agreements and any other agreements governing the accounts. We will use commercially reasonable care in performing our responsibilities under this Agreement. (You agree to carefully review your account statement and each transaction as soon as possible. If there are any errors or discrepancies regarding checks deposited through the Mobile Deposit Service including, without limitation, unauthorized transactions, signatures or alterations, you agree to promptly notify us of such errors or discrepancies within the time set forth in the Personal Deposit Account Agreement or Business Deposit Account Agreement, as applicable. Otherwise, we will consider the information contained in your account statement correct. Subject to applicable law, you may not make any claim against us for transactions reflected on a statement that you believe are incorrect, altered, forged, unauthorized or improperly paid unless you notify us of that claim in writing within 30 calendar days after the statement was sent or made available to you.)
In all instances, we and, if the services of a third-party provider are utilized in the provision of the Mobile Deposit Service, such third-party's sole liability to you shall be limited to the correction of any errors made. We shall not be responsible for suspension of performance of all or any of our obligations, responsibilities or covenants hereunder, whether expressed or implied, if at any time, or from time to time, compliance therewith is prevented or hindered by, or is in conflict with, any federal or state law, regulation or rule, the order of any court of competent jurisdiction, any act of God or of the public enemy, war, epidemic, strike, or work stoppages of the U.S. Postal Service and commercial carrier(s), or electric power disruption or shortage, telecommunications failure or computer failures; acts, omissions or errors of any carrier and/or agent operating between you and us or us and any Federal Reserve Bank or other agency utilized to exercise transfers or any recipients of transferred funds; any incorrect, unauthorized or fraudulent use or other fraud by any person other than our employees; or, without limiting the generality of the foregoing, any other cause or circumstance beyond our control or other conditions or circumstances not wholly controlled by us, which would prohibit, retard or otherwise affect our complete or partial performance under this Agreement.
Right of Audit. This paragraph is applicable to you if the Account to which you make a Mobile Deposit is not a consumer account established primarily for personal, family, or household purposes. You agree to ensure that all appropriate management policies, controls, and procedures are in place to ensure the security and protection of all sensitive personal and financial information associated with checks included in a Mobile Deposit. Upon request by us, you hereby authorize us to enter your business premises for the purpose of ensuring that you are complying with this Agreement. You specifically authorize us to perform an audit of your operational controls, risk management practices, staffing and the need for training and ongoing support, and information technology infrastructure. You hereby acknowledge and agree that we shall have the right to mandate specific internal controls at your location(s) and you shall comply with any such mandate.
Further, you agree that you will conduct an audit (not less than annually) to ensure that the sensitive personal and financial information you obtain is protected by document management procedures that are in full conformity with the terms of this Agreement.
You agree to provide us, within five (5) business days of our request, a copy of: (a) the audit report derived from the audit undertaken by you in order to comply with your obligations under this Agreement and (b) your SSAS 16 report, or such other comparable report detailing the policies, controls and procedures customer has put in place. If you refuse to provide the requested information, or if we conclude, in our sole discretion, that you present a risk that is unacceptable, or if you refuse to give us access to your premises, we may terminate the Service according to the provisions hereof.
User Warranties. You warrant to us that:
Ownership and License. You agree the Bank retains all ownership and proprietary rights in this Mobile Deposit Service, associated content, technology, and website(s), including, but not limited to, the object and source codes therefore, and any and all updates, upgrades, fixes and enhancements thereto and any and all documentation, user guides and instructions pertaining thereto. Your use of the Mobile Deposit Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the mobile deposit service. Without limiting the restriction of the foregoing, you may not use the mobile deposit service (i) in any anti-competitive manner, (ii) for any purpose that would be contrary to our business interest, or (iii) to the Bank's actual or potential economic disadvantage in any aspect. You may use this mobile deposit service only for the purpose intended in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer, reverse compile, or create derivative works from any of the technology used to provide this mobile deposit service.
Rev. 04/05/2023
© Citizens Financial Group, Inc. All rights reserved. Citizens is a brand name of Citizens Bank, N.A. Member FDIC