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1. SCOPE OF AGREEMENT
This Online Banking Agreement and Disclosure (the "Agreement") applies to the electronic banking services you receive from Citizens Bank Online, or Citizens Bank Business Online, including the Citizens Bank Online Bill Payment Service and the Citizens Bank Business Online Bill Payment Service (the "Bill Payment Service" and, collectively with Citizens Bank Online, the "Online Service"), Popmoney®, Zelle®, and any digital investment accounts that you maintain with Citizens Securities, Inc ('CSI') linked to the Online Service. The Online Service is provided by Citizens Bank, N.A. and all associated Citizens Bank, N.A., brand names, including, but not limited to, Citizens One, for accounts accessed using Online 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 Online Service works, as well as your rights and obligations if you enroll in and use the Online Service.
By using the Online Service or authorizing others to use the Online 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 Online 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 each person, or, if applicable, the entity who is an owner, signer, or has unrestricted withdrawal rights of a deposit account or, as applicable, a borrower under a credit account, and each person that uses the Online Service with your permission.
When your Online 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 account through the Online 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 and we will mail you a paper copy of this Agreement.
2. ELECTRONIC COMMUNICATIONS
As provided more fully in the Electronic Notice Disclosure and Consent you agreed to concurrently with your enrollment in the Online Service, you agree to receive this Agreement and any and all disclosures or notices required by Applicable Law and all other communications, electronically to the email address you designate in your profile. 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 will be considered received within three (3) calendar days of the date sent by us to the email address you designate in your profile, or posted via our Message Center located within the Online Service, regardless of whether you log on to the Online Service within that time frame. 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 email message. You should not rely on email 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 1-800-656-6561. We may, however, require you to provide us with written confirmation of any verbal or electronic stop payment request or notice of alleged error.
3. E-MAIL USE
When you enroll in the Online Service, you will have access to our Message Center, a secure message system. You must designate a primary email address during enrollment or by using the My Profile section, 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 online service, send account information to the email address(es) 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. You and we may exchange secure messages via our Message Center located within the Online Service.
We will not send you 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 1-800-656-6561 or forwarding (including header information) the email to email@example.com.
4. AGREEMENT AND ACKNOWLEDGMENT.
By using the Online Service or authorizing others to use the Online 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.
6. 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 Online Service and the activities contemplated thereby to enhance this security. We use several different security methods to protect your Account information:
7. ENROLLING IN AND USE OF ONLINE SERVICE.
The Online Service is available by clicking on the Online Banking login at www.citizensbank.com. For self-enrollment, we will ask you to provide us with your account number, your ATM or Debit Card number and your PIN to authenticate you. If you do not have an ATM or Debit Card, we encourage you to request an ATM or Debit Card by calling us at 1-800-656-6561. Business customers may obtain an ATM or Debit Card by visiting a branch.
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 in order 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 Online Service.
During enrollment, you will be asked to set your profile. You will be prompted to set the following:
8. 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 unattended while using the Online Service and always exit the Online Service by clicking on "LOG OUT" located in the upper right portion of the screen after using the Online Service.
You may change your Password or User ID at any time using the My Profile Section of the Online Service.
Your User ID and Password identify and authenticate you to us when you use the Online Service. You authorize us to rely on your User ID and Password to identify you when you use the Online Service, and as signature authorization for any transfer or payment made using the Online Service.
You acknowledge and agree that you are responsible for all transfers and payments you make using the Online 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 Online 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 TRANSFERS section of this Agreement.
10. TRANSFERRING FUNDS
Transfers must be made in accordance with the terms of this and any other applicable Account agreements. The transfer feature described here applies only to transfers initiated through the Online Service.
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 Online 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 Online 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.
(ii)Transfers Outside the Bank to Accounts You Own
Within Online Banking 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.
Transfers Outside the Bank to accounts you own are subject to the following fees and qualifications:
We reserve the right to modify fees, limits, and/or qualifications at any time, based on our sole discretion.
Consumer Transfers Outside the Bank are subject to the following dollar limits:
Next Day Transfers:
We reserve the right to modify fees, limits, and/or qualifications at any time, based on our sole discretion.
Business Transfers Outside the Bank are subject to the following dollar limits:
Next Day Transfers:
(iii)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.
(i) Payments must be made in accordance with the terms of this Agreement and any other applicable Account agreements. The payment feature described here applies to Popmoney Small Business services.
PAYMENTS OUTSIDE THE BANK TO ACCOUNTS YOU DO NOT OWN ARE SUBJECT TO THE FOLLOWING FEES AND QUALIFICATIONS:
The above limits apply to the total of all Payments Outside the Bank for all accounts. Any payments initiated on a day that is not a business day counts toward the applicable limit for the next business day. A payment remains "In Process" until fully processed and it will appear as "In Process" on the Payment History screen within Online Banking.
Payments typically remain In Process until the close of the third business day after the payment is initiated.
Scheduled Payments can be cancelled or stopped until the day prior to the scheduled payment date. At which point the payment will be shown as "In Process" and cannot be altered or cancelled.
The Within Minutes Payments feature of the Service (“Zelle Within Minutes Payments”) allows for the delivery of payments to Users enrolled in the Service through a payment network designed to deliver same-day payments. Zelle Within Minutes Payments are not instantaneous. Actual payment delivery speed may vary based upon the funds availability policy of each Network Bank, payment network availability, fraud, risk, legal, or compliance controls, and other circumstances.
If there is any conflict between the Zelle Terms and this Agreement, the Zelle Terms will control. You agree that we have the right to delegate to service providers all of the rights and performance obligations that we have under the Zelle Terms.
(ii) Eligibility and User Profile. When you register to use the Service you agree to the Zelle Terms. You represent that you are at least 16 years of age and you have the authority to authorize debits and credits to the registered bank account.
The Service allows you to send or receive money using your consumer deposit account. The Service is intended for personal, not business or commercial use. We reserve the right to decline registration if we believe you plan to use the Service as a business account or to receive business/commercial payments. You agree that you will not use the Service to request, send or receive money related to tax payment obligations, payments made pursuant to court orders (including court-ordered alimony or child support payments), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law. We reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful or impermissible purpose.
(iii) Registering for the Service. When you register with Zelle, you may establish a profile. You must provide us with an email address that you regularly use and intend to use regularly and/or a permanent mobile phone number that you intend to use for an extended period of time. Use of a temporary/ disposable mobile number is grounds for Service suspension and/or termination. Each Zelle profile may be linked to only one eligible bank account or debit card, but you may register multiple email addresses or mobile phone numbers in each profile. Once you have registered an email address or a mobile phone number with a profile, you may not use that same email address or phone number with another profile. By providing names and telephone numbers, email addresses, and/or bank account information of persons to whom you wish to direct payments, you authorize us to follow the payment instructions received through the Service and debit your account to send money to another User either at your initiation or at the request of that User. Once registered, you authorize us to credit your account for payments remitted to you by another User without further approval either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money.”
(iv) Consent to Emails and Automated Text Messages. By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you registered. You consent to the receipt of emails or text messages to the email address(es) or phone number(s) you provide to us for any purpose. You consent to receipt of such emails or text messages from us, Zelle, other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Service or related transfers between Network Banks and you. You agree that we, Zelle, or our respective agents and/or service providers may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you register.
You further acknowledge and agree:
a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
b. You are responsible for immediately updating any change to your email address and/or mobile phone (including in the event you surrender your registered mobile phone or email address), registered through the Service.
c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name and/or other identifying information.
d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
e. Your phone service provider is not the provider of the Service. Users of the Service will receive text messages relating to their payment instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.
f. To cancel text messaging text “STOP” in the reply. Alternatively for help or information regarding text messaging, you may contact our Citizens Bank Phone Bank at 1-800-656-6561. You expressly consent to receipt of a text message to confirm your “STOP” request.
g. We may provide notice to you by posting it on the Service or the Site, emailing or mailing it to any postal address you have provided to us, or through the other mediums described above. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.
h. You may view your transaction history by logging into the Service and looking at your “Activity” history. You agree to view your transactions through this medium. You will continue to receive statements for your Citizen's deposit account, either electronically (if you signed up for electronic statements) or in paper form. If there is any discrepancy between your transaction history in the Service and your Citizens Bank deposit account statement, the Citizens Bank deposit account statement should control.
(v) Payment Authorization and Payment Remittance. When we receive a payment instruction from you, you authorize us to debit your account for the amount of any such payment instruction plus related fees that may be in effect (and as disclosed on the Citizens’ Bank deposit account) at the time you initiate the payment instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a payment instruction from you, regardless of whether the payment instruction is ultimately completed. You also authorize us to credit your account for the receipt of payments, including but not limited to those payments returned to us from Users to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the payment instruction could not be completed.
If your payment instructions identify an account by name and account number, a financial institution may execute those payment instructions by reference to the account number only, even if such account number does not correspond to the account name. Financial institutions holding the account may elect to not investigate discrepancies between account names and account numbers. We have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law. You agree that we will not be liable in any way for payments that you may receive, regardless of whether you authorized a User to send them to you. We will use reasonable efforts to complete all your payment instructions properly. However, we shall incur no liability if we are unable to complete a transaction, including as a result of one or more of the following circumstances:
It is the responsibility of the sending and receiving User to ensure accuracy of information they enter into the Service (including but not limited to the payment instructions and name, telephone number and/or email address for the User you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once you inform us, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by either the sending or receiving User.
Zelle Within Minutes Payments: We are not responsible for performance, speed, or other acts or omissions of the payment networks that may be involved in payment transmission. Notwithstanding anything to the contrary in the Zelle Terms, Zelle Within Minutes Payments settlements are final except as set forth in the applicable payment network rules, and recovery may not be possible; however, if applicable payment network rules allow for reversal of funds, we will attempt to recover such funds from the receiving User’s account. We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Zelle Within Minutes Payments. We are only responsible for delivery of the applicable payment instructions to the applicable payment network in the format required by payment network specifications. We will choose the payment network(s) in which we will participate in our sole discretion. Currently, Zelle Within Minutes Payments require a debit card.
(vi) Receiving Money; Money Transfers/Payment by Network Banks. Once a User initiates a transfer of money to your email address or mobile phone number registered with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have registered. For Zelle Within Minutes Payments, most transfers of money to you from other Users will occur within minutes. There may be circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer in certain circumstances, including to prevent fraud or to meet our regulatory obligations. If we delay or block a payment you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification). You understand and agree that there may be a delay between your notification of the pending payment instruction and the deposit of the payment funds into your account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your account. You authorize the User sending money, the financial institution which holds such User’s account and us to send emails and text messages to you in connection with another User's initiation of payment instructions to you.
You acknowledge and agree that in the event that funds are transferred into your account as a result of a payment instruction, and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you authorize us or our service providers to withdraw those funds from your account.
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both these Zelle Terms and the procedures of the business or government agency that is sending you the payment.
Transfers of money to you shall be performed by a Network Bank per the direction of that Network Bank customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Bank and its customer, including restrictions/prohibitions on permissible transactions.
(vii) Sending Money; Debits by Network Banks. You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) Zelle Terms, and (ii) your express authorization at the time of the transaction for us or another Network Bank to initiate a debit entry to your bank account. You understand that when you send the payment, you may have no ability to stop it once the recipient has registered. You may initiate (a) a one-time payment instruction to send money to another User for which processing shall be initiated immediately, (b) a one-time payment instruction to send money to another User for which processing shall be initiated at a later specified date up to one (1) year, and (c) a recurring series of payment instructions to send money to another User for which processing shall be initiated on the specified dates. Options (b) and (c) above are not available for Zelle Within Minutes Payments. Further details about each of these options can be found on the Site.
Payment instructions initiated to send money to another User are processed in two ways. You can provide all the required information about the receiving User, including his/her account, necessary to complete a transfer of funds. Alternatively, you can provide contact information about the receiving User (including an email address and/or mobile telephone number) and the Service may contact the receiving User and request that the receiving User (i) provide information so that the identity of the receiving User may be validated at a Zelle Standalone Location, and then (ii) provide account information to complete the payment instruction. If the receiving User maintains an account with an institution that participates in or offers the Service, the receiving User may access the Service at his or her financial institution’s website or mobile application to complete the payment instruction and receive the payment.
Zelle Within Minutes Payments: For Zelle Within Minutes Payments, you can initiate a payment instruction using (i) the receiving User’s email address or mobile number, and the Service will validate the Zelle Within Minutes Payments eligibility of the receiving User prior to transferring the funds; or (ii) the receiving User’s bank account information, and the funds will be deposited into the receiving User’s applicable account. Not all payment networks participate in Zelle Within Minutes Payments. Payment delivery speed may vary. In most cases, when you are sending money using a Zelle Within Minutes Payment, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money using the Service, in certain circumstances the transfer may take up to three (3) days from the day the intended recipient responds to the payment notification. During this period, and in any other circumstance when we need additional time to verify the transfer details, a hold will be placed on your account for the amount of the transfer. You acknowledge that a person to whom you are sending money and who is not registered as a User may fail to register with Zelle, or otherwise ignore the payment notification, and the transfer may not occur. If the person to whom you are sending money does not register, set up an email address or mobile number and accept the transfer within 14 days, the transfer will be cancelled.
Other Zelle Payment Services: Other than Zelle Within Minutes Payments, you understand and agree that when you initiate a payment instruction from an account using the Service, the processing of the payment instruction will begin and the debiting of your account will occur as early as the day of such initiation. However, other than with respect to Zelle Within Minutes Payments, you and the receiving User should not expect the payment funds to be transferred into the receiving User’s account any earlier than three (3) days after you initiated the payment instruction. If you request a one-time payment instruction to be initiated on a specified date or a recurring series of payment instructions to be initiated on specified dates, then the processing of the payment instruction will begin on the specified date and the debiting of your account will occur as early as the next business day of the payment. However, you and the receiving User should not expect the payment funds to be transferred into the receiving User’s account any earlier than the third (3) Business Day, after you initiated the payment instruction. In addition, in the case of all transfers, the deposit of the payment funds into the receiving User’s account (even if debited or withdrawn from your account) may be delayed if the receiving User has not provided the Service with certain required information such as his or her account information. The Site may contain additional information regarding the delivery of a payment to an account. If the person to whom you are sending money does not register, set up an email address or mobile number and accept the transfer within 14 days, the transfer will be cancelled. Applicable ACH transfer instructions relating to external accounts and the transmission and issuance of data related to such instructions shall be received pursuant to the terms of the Zelle Terms and the rules of the National Automated Clearing House Association ("NACHA") and the applicable automated clearing house ("Regional ACH") (collectively, the "Rules") and you and we agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to an account shall be provisional until such credit has been finally settled by us or the third party institution which holds the account.
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User. You agree that you as a User sending money will not hold us liable for any damages resulting from the intended User’s decision to accept or not to accept a payment instruction initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your account or use other reasonable efforts to return such payment to you as permitted by law. The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification).
(viii) Requesting Money. You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither Citizens nor Zelle guarantee that you will receive money from other Users by sending a payment request. If a User ignores your request, Citizens may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting these Zelle Terms, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. Any such payment request is impermissible. You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
(IX) Payment Cancellation, Stop Payment Requests and Refused Payments. Our ability to stop a payment instruction or recover funds associated with an unauthorized payment instruction will depend on the manner in which the payment instruction was initiated, and whether the payment instruction to another User’s account has begun processing. We may not be able to cancel payment instructions as the payment instructions may be processed immediately. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized payment instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting Citizens Bank Phone Bank at 1-800-656-6561. If we charge you to stop the payment or recover funds, then the charge for each stop payment or fund recovery request will be the current charge as set out in our current deposit account fee schedule. We reserve the right to refuse to pay any User. We will attempt to notify the sender promptly if we decide to refuse to pay a User designated by the sender. Notification is not required if you attempt to make an impermissible payment under the Zelle Terms.
(X) Fees. At this time, there is no fee for sending or receiving a payment under the Zelle Service. We reserve the right to change our fee policy and will inform you accordingly. However, data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. Any fees associated with your Citizen’s deposit account will continue to apply.
(XI) Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. WE AND ZELLE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
(XII) Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR ZELLE, OR OUR RESPECTIVE SERVICE PROVIDERS, OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) ANY DATA ENTRY ERROR; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF US OR ZELLE, OR OUR RESPECTIVE SERVICE PROVIDERS, OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
Neither we nor Zelle shall have liability to you for any such transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
YOU AGREE THAT YOU, AND NOT WE OR ZELLE, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE.
(XIII) Indemnification. You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in the Zelle Terms, you agree to indemnify, defend and hold harmless us, Zelle, and our respective owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the Zelle Terms.
(XIV) Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our service providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. We may terminate or suspend your use of the Service at our discretion.
Links to third-party sites may be visible through the Service. By providing these links, we are not endorsing such sites, and are not responsible for materials or services from the third-party site, and make no representations concerning sites listed in the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material linked to the Site.
(XVI) Failed or Returned Payment Instructions. In using the Service, you are requesting that we or our service provider attempt to make payments for you from your Citizens Bank deposit account. If the payment instruction cannot be completed for any reason (for example, there are insufficient funds in your deposit account), you may receive a return notice from us or our service provider.
(XVII) Intellectual Property. Marks and logos for the Service are registered trademarks of Citizens, Zelle, or our licensors. Page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent.
(XVIII) Arbitration. Any party requesting relief must resolve their respective dispute through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
(XIX) Release. You release Citizens, Zelle, and our affiliates, agents, and service providers and the employees and contractors of each, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other Users.
(XX) Notice. We may provide notice to you by posting it on the Service or the Site, mailing it to any postal address you have provided to us, or through the other mediums described above. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.
(XXI) Service Providers. We are offering you the Service through one or more service providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such service providers to render some or all of the Service to you, and subject to the Liability and Disclaimer of Warranty provisions contained in these Zelle Terms, we are the sole party responsible to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that we have the right under this Agreement to delegate to service providers all of the rights and performance obligations that we have under this Agreement, and that the service providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
(XXII) Cutoff Times/Transfer Limits/Funds Availability. Subject to the Zelle Terms, the Service is generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle’s control. Live customer service generally will be available 24/7 by contacting our Citizens Bank Phone Bank at 1-800-656-6561, including U.S. bank holidays.
To be considered for same day funds availability crediting, Zelle Within Minutes Payments must be processed no later than 7:30 PM EST. Zelle Within Minutes Payments processed after 7:30 PM EST will be considered as received the next business day.
All cutoff times referenced in the Zelle Terms reflect the times displayed on our internal system clocks and may not necessarily be synchronized with the internal clock displayed on your computer or mobile device. For this reason, we suggest that you transmit any instructions to us sufficiently in advance of the cutoff times to eliminate the possibility of missing the cutoff. Instructions entered after the cutoff time with a “Send On” date that is the current day or next business day may start to process immediately and may be funded prior to the Send On date.
All transfer limits are subject to any restrictions of Out-of-Network Banks, as well as temporary reductions in certain circumstances, such as to protect the security of customer accounts and/or the transfer system. At our discretion, we may refuse to process any transaction that exceeds any of the limits below. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer.
We reserve the right to modify fees, limits, and/or qualifications at any time, based on our sole discretion.
For Zelle Within Minutes Payments you need a debit card. You do not need a debit card for 3-day transfers. Your debit card transaction limits will be impacted when using the Zelle Within Minutes Payments delivery method.
For Joint Account Holders Using Debit Card: By processing a Zelle Within Minutes Payments payment request through a deposit account, any debit cards associated with that account may be used to fulfill the payment request. Joint account holders do not have the ability to select which debit card will fulfill the Zelle Within Minutes Payments payment request. The Zelle Within Minutes Payments payment request will count against the used debit card’s daily point of sale limit.
13. ADDITIONAL INFORMATION
Any documentation provided to you which indicates that an electronic fund transfer was made will be admissible as evidence of the transfer and will constitute prima facie proof that the transfer was made. The initiation by you of certain electronic fund transfers from your Account will effectively eliminate your ability to stop payment of the transfer. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.
14. 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.
You authorize the Bill Payment Service to debit your Payment Account and remit funds on your behalf to the Biller. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data, including deleting duplicate payments, or data formats in accordance with Biller directives. When the Bill Payment Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Pay Date as designated by you. In rare instances, if the payment is sent by Laser Draft (a paper check drawn on your Payment Account), the payment may be received by the Biller and debited from your account prior to the Pay Date. You also authorize the Bill Payment Service to credit your Payment Account for payments returned to the Bill Payment Service by the United States Postal Service or Biller.
There are three 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 pre-filled within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Pay 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.
Processing of Your Bill Payments.
Once a bill payment is scheduled, your payment 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 payment with you either by telephone or email. You agree to respond to us at your earliest convenience to avoid any delays of your payment processing, however if confirmation is not received within ten (10) business days following your Pay Date, your payment may not process.
Canceling and Modifying Bill Payments
You may cancel or edit a payment up to (3) Business Days or more prior to the Pay Date by following the directions within the help section of the Bill Payment Service. There is no charge for canceling or editing a Pending Payment. Once the Service has begun processing a payment it cannot be cancelled or edited.
You cannot use 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 Online 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 Online 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 Online Service.
In using the Online Service, you understand that Billers, payment processors, or the United States Postal Service may return payments to the Online Service for various reasons. These reasons can include, but are not limited to the following:
The Online 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:
Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your User ID and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
15. RESTRICTIONS ON TRANSFERS FROM YOUR SAVINGS AND MONEY MARKET DEPOSIT ACCOUNTS
Your ability to transfer funds from or between certain of your Accounts with the Online Service may be limited, as more fully described in your deposit account agreement. Federal regulations limit your ability to make transfers from your Savings and Money Market Accounts to one of your other Accounts or to third parties by preauthorized, automatic, personal computer, including online banking and bill payment services, to six (6) per calendar month for Saving Accounts and six (6) per statement period for Money Market Accounts. No more than three (3) of these six (6) transfers or payments may be made by check, draft or other similar item. Transfers and Bill Payments made using the Online Service are subject to these limitations. Savings and Money Market Accounts may be charged an excessive transaction fee for each transaction that exceeds these limits. If you exceed these limits a total of three (3) times during a span of twelve (12) consecutive calendar months (for Savings Accounts) or twelve (12) consecutive statement periods (for Money Market Accounts), we will be required to transfer the funds in the account to a non-interest bearing account. We may however, transfer your funds sooner if you significantly exceed these transfer limits in any one month or statement period, as applicable.
16. 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:
17. INSUFFICIENT FUNDS TO COMPLETE TRANSFER OR BILL PAYMENT
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).
18. 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 7 business days and in the future 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.
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 Citizens Bank Phone Bank immediately at 1-800-656-6561, 24 hours a day; contact us through your secure online Message Center; or write to us at:
C/O Online Services
One Citizens Drive
Riverside, RI 02915
Tell us AT ONCE if you believe your Online 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 Online 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 Online 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 Online 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 Online 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:
1. Telephone us at 1-800-656-6561; or
2. Your secure online Message Center; or
3. Write us at:
C/O Online Services
One Citizens Drive
Riverside, RI 02915
If you think your statement is incorrect or you need more information about an Online 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 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.
In case of errors or questions about your transactions, you should call us at 1-800-656-6561, contact us through your secure Online Message Center; or write us at:
C/O Online 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.
21. RELATED AGREEMENTS
Your Accounts linked to the Online 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 Digital Advice Account(s), 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.
22. LINKED DIGITAL INVESTMENT ACCOUNTS
You can access your Digital Investment Accounts through the Online Service via a link provided for that purpose. If you choose to access your Digital Investment Accounts through 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.
23. TERMINATING THE ONLINE SERVICE
We reserve the right to terminate your use of the Online Service for any reason including inactivity and at any time without notifying you. You have the right to terminate your use of the Online Service by calling us at 1-800-656-6561 at any time during our normal business hours, or by writing to us at:
C/O Online 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 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 Online Service.
Any termination of your use of the Online 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.
24. AMENDMENTS OR CHANGES TO SERVICE OR AGREEMENT
We reserve the right, from time to time, to amend this Agreement or change the features or services offered by the Online 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 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 Online Service after the date on which the changes became effective.
25. VIRUS PROTECTION
You agree that we are not responsible for any electronic virus that you may encounter using the Online Service. We encourage you to routinely scan your computer 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.
26. 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 Online 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 Online 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 Online Service or Internet Browser or access software, or from the unavailability of the Online Service or for any errors in information provided through the Online 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.
UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, THE ONLINE SERVICE IS PROVIDED AS IS, AND WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE SERVICE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT.
27. CHARGES AND FEES
There is no monthly maintenance fee for the Online Service. There may be incidental charges and fees associated with the Online Service, such as those set out below for Deposit Accounts, including, but not limited to, Account fees and charges you initiate by requesting stop payments, check copies, outgoing transfers outside the bank, or similar services.
Description of Fee
Copies (checks, deposit tickets, withdrawal slips or documents other than statement)
$5.00 per copy
Statement (including duplicate / interim)
(including Interim or Duplicate Statement)
Outgoing Transfer Outside the Bank
$3.00 per transaction
We reserve the right to change this schedule of fees 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.
28. 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 your secure online Message Center or, for Bank Accounts, by writing us at:
C/O Online 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.
29. INFORMATION AUTHORIZATION
Your enrollment in the Online Service may not be fulfilled if the Online Service cannot verify your identity or other necessary information. Through your enrollment in the Online Service, you agree that the Online Service may obtain a credit report on you from time to time. Information obtained will be used by the Online Service to verify information you provide to the Online Service and for other business purposes. You agree that the Online 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 Online Service reserves the right to verify any of the information you provide.
30. 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.
31. 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.
32. 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.
33. 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, 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.
34. 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 Online Service and supersedes any and all prior communications and prior agreements between you and us with respect to the Online Service.
35. CONTACTING YOU AND MOBILE ALERTS
Citizens Bank e-mail and wireless banking alerts service enables you to receive notices from time to time concerning available balance information and other issues relating to your Citizens Bank 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:
The zip code you entered is served by Citizens One, the brand name for Citizens Bank's lending business outside of our 11‑state branch footprint. Under the Citizens One brand we offer Auto Loans, Credit Cards, Mortgages, Personal Loans and Student Loans. To learn more, please visit: