Click to Print

Internet Banking & Mobile Deposit Agreement

These are the current terms of your Agreement with Clear Lake Bank & Trust Company for accessing your accounts and making use of other services via the Internet through Clear Lake Bank & Trust Company. Whenever you use Internet Banking, or authorize others to use it, you agree to these terms. Clear Lake Bank & Trust Company may amend these terms from time to time. You will be notified of any amendments that affect your rights or obligations within the appropriate time period. Each of your accounts at Clear Lake Bank & Trust Company, which are accessed by Internet Banking continue to be governed by the applicable Account Disclosures and Regulations Relating to Deposit Accounts and Other Services and Electronic Fund Transfer Agreement and Disclosures, otherwise known as Disclosures and Regulations, and the applicable Schedule of Fees, as they may be amended from time to time.

 

GENERAL INFORMATION

1. Definition of Terms

  • "You” and “Your” means any person who applies for Internet Banking with Clear Lake Bank & Trust Company through completion of a Clear Lake Bank & Trust Company Internet Banking Application and all persons authorized by the applicant to use their Internet Banking Identification and PIN (Personal ID Number) or other means of access we establish or approve.

     

  • “We,” “us,” “our,” “Bank,” and “CLB&T” refer to Clear Lake Bank & Trust Company or one of its affiliates.

     

  • "Business Day” shall mean Monday-Friday, except for federal banking holidays.

     

  • “Payee” means the merchants, individuals or institutions you wish to pay using the Bill Payment Service.

     

  • “Internet Banking Agreement” means Clear Lake Bank & Trust Company Internet Banking Agreement.

     

  • “Internet Banking” or “Clear Lake Bank & Trust Company Internet Banking” “or “Clear Lake Bank & Trust Company’s Internet Banking Service” means our service that allows you to make payments, transfer funds, access accounts, make purchases, obtain information, and perform other transactions via the Internet by use of a personal computer and modem and/or other means we authorize or allow.

2. General Description of Services

Account access via Clear Lake Bank & Trust Company’s Internet Banking Service allows you to:

  • View account balances and transaction history.
  • Transfer funds between CLB&T accounts.
  • Set up recurring transfers between CLB&T accounts
  • Make CLB&T loan payments.
  • View previous statements.
  • Download account transactions.

Bill Pay Services through Clear Lake Bank & Trust Company's Internet Banking allows you to:

  • Pay bills to most merchants, individuals, & organizations.
  • Set up recurring payments.
  • Download your payment schedule.
  • Retain payment history.
  • Retain record of payees.

     

3. Requirements for Your Use

To access your accounts through Clear Lake Bank & Trust Company’s Internet Banking, you must have a Clear Lake Bank & Trust Company account and complete a Clear Lake Bank & Trust Company Internet Banking Application. In addition, you will need a personal computer, Internet service through the provider of your choice, and a compatible web browser with 128-bit data encryption.

You are responsible for the installation, maintenance and operation of your computer and your browser software. The risk of error, failure, or non-performance is your risk and includes the risk that you do not operate your computer or your software properly. The Bank is not responsible for any errors or failures from any malfunction of your computer or your software. Clear Lake Bank & Trust Company is not responsible for any electronic viruses that you may encounter. The Bank is not responsible for any computer virus-related problems that may be associated with the use of Internet Banking. The Bank has no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software.

4. Customer Support

If you need assistance with Clear Lake Bank & Trust Company’s Internet Banking Service, or if you need to communicate with Clear Lake Bank & Trust Company, you may contact an Internet Banking Product Expert in Clear Lake, Iowa, by calling 641-357-7121, in Garner, Iowa, by calling 641-923-3621 or in Mason City, Iowa, by calling 641-423-7121 . Internet Banking Product Experts are available between 8:00 A.M. and 4:30 P.M. CST Monday-Friday.

You may also write to us at:

Clear Lake Bank & Trust Company
On-Line Services
P.O. Box 8
Clear Lake, IA 50428

You may also email us at contactus@clearlakebank.com. However, electronic mail (E-mail) transmissions are not secure. Therefore, we request that you do not send us or ask for sensitive information, etc. via any general form of E-mail System. E-mail through Clear Lake Bank & Trust Company or other means of E-mail provided by the bank at www.clearlakebank.com are not secure.

 

DESCRIPTION OF SERVICES

1. Hours of Accessibility

You can access your accounts through Clear Lake Bank & Trust Company’s Internet Banking Service seven days a week, 24 hours a day. However, at certain times, Clear Lake Bank & Trust Company’s Internet Banking Service may not be available due to routine system maintenance.

2. Account Access via Internet Banking

Account Access through Clear Lake Bank & Trust Company’s Internet Banking Service allows you to conduct the following functions online: view account balances and transaction history, transfer money between accounts, set up recurring transfers between accounts, make CLB&T loan payments, view and print past statements, and download account transactions to your personal computer.

There are no monthly or transaction fees for accessing your account(s) through Clear Lake Bank & Trust Company’s Internet Banking Service for individuals.

Business and commercial customers pay a monthly fee as follows:

Internet Banking - $7.00/month
Internet Banking & Cash Management - $20.00/month

Bill Pay is an optional and chargeable service for all users as described below. Other fees, as described in the deposit account information, may apply to services ordered online. Please note that fees may be assessed and billed separately by your Internet Service Provider (ISP) and are not included in Clear Lake Bank & Trust Company’s Internet Banking Service.

3. Bill Payment

Bill Payment via Clear Lake Bank & Trust Company’s Internet Banking Service is an optional and chargeable service. Bill Payment allows you to schedule bill payments; arrange, at your option, for the payment of your current, future and recurring bills from your designated Bill Payment Account; pay most merchants, individuals, and institutions; and download your payment schedule at your convenience.

The Bill Payment Fees are as follows:

  • Individuals - $5.00/month (+ tax) for unlimited transactions. 

     

  • Businesses - $6.00/month + $0.40 (+ tax) per transaction.

The Bill Payment monthly fees cover service for the previous month and are effective upon enrollment. Fees will be charged to your payment account, whether or not bill payments are made in the month. All fees will be deducted from your designated payment account. If the fee cannot be paid, we may cancel Bill Payment. After cancellation, Bill Payment may be reinstated by contacting a Clear Lake Bank & Trust Company Internet Banking Product Expert once all fees have been covered through your designated payment account.

Other fees which are charged in addition to any other fees as stated in your Account Disclosures include the following:

  • Stop payment fee - $25.00
  • NSF fee-per occurrence - $25.00
  • We reserve the right to cancel bill pay services at any time if not used for three consecutive months.

4. Transfers

Through Clear Lake Bank & Trust Company’s Internet Banking Service you are allowed to make transfers between your various Clear Lake Bank & Trust Company accounts. You may also make your Clear Lake Bank & Trust Company loan payments. You must be an owner of and have the unrestricted right of withdrawal from all accounts to or from which you request a transfer. We reserve the right to deny transfers between certain types of accounts under certain circumstances.

A transfer initiated through Clear Lake Bank & Trust Company’s Internet Banking Service before 4:30 p.m. (Central Standard Time) on a business day is posted to your account the same day. All transfers completed after 4:30 p.m. (Central Standard Time) on a business day or on a Saturday, Sunday or banking holiday, will be posted on the next business day. Our business days are Monday through Friday, except for banking holidays. "Banking holidays" shall mean all federal banking holidays.

The number of transfers from accounts may be limited as described in the applicable portions of the deposit account information. Each payment or transfer through Internet Banking from a savings or money market account is counted as one of the six limited transfers permitted each statement period, as described in the Disclosure and Regulations.

If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

5. Bill Payments

Bill Payments are made from your designated payment account for the amount requested by you to the scheduled payee through Clear Lake Bank & Trust Company’s Bill Payment Service. You must be an owner of the designated Bill Payment account. You may not designate any account that requires more than one signature for withdrawals. All fees for Bill Payment will be deducted from your designated payment account.

There is no limit to the number of payments that may be authorized, or the number of payees you can pay through Bill Payment. You may pay most merchants and individuals using Clear Lake Bank & Trust Company’s Bill Payment Service, however, you may not use Bill Payment to pay taxes, court ordered payments, or any governmental agency.

Payments made through Clear Lake Bank & Trust Company’s Bill Payment Service require sufficient time for your payee to credit your account properly. To avoid incurring a finance charge or other charge, you must schedule a payment sufficiently in advance of the due date of your payment.

When you schedule payment:

YOU MUST SCHEDULE THE PAYMENT AT LEAST FIVE BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE AT YOUR PAYEE.

By scheduling payments and submitting your payees’ information including their addresses, you authorize us to follow the payment instructions to these payees. When we receive a payment instruction (for the current or future date), we will remit funds to the payee on your behalf, from the funds in your designated payment account on the day you have instructed them to be sent (Payment Date).

The Bank is under no obligation to notify you if it does not complete a payment because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or for rescheduling the payment through Bill Payment.

6. Changes to Charges, Fees, or Other Terms

Clear Lake Bank & Trust Company reserves the right to change the charges, fees or other terms described in this Clear Lake Bank & Trust Company Internet Banking Agreement. When changes are made to any fees, charges, or other material terms, we will update this Clear Lake Bank & Trust Company Internet Banking Agreement and notify you accordingly. Notification will be given at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide notice to you within thirty (30) days after the change. We reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Depositor Contract and the deposit account information.

7. Personal Identification Number and PIN

You will be given an Internet Banking Identification and PIN that will give you access to your accounts through Clear Lake Bank & Trust Company’s Internet Banking Service. Once you have submitted a complete Clear Lake Bank & Trust Company Internet Banking Application, you will receive your Internet Banking ID and PIN. You will be asked to select a new PIN upon your initial use of Internet Banking. We recommend that you change your ID and PIN on a regular basis and will require you to change your PIN on a periodic basis. The Bank is entitled to act on the instructions received under your PIN. For security purposes, it is recommended that you memorize the ID and PIN and do not write them down. You are responsible for keeping your ID, PIN and other account data confidential.

Anyone to whom you give your Internet Banking Identification and PIN or other means of access will have full access to your accounts, even if you attempt to limit that person’s authority. For this reason, you should not disclose your Internet Banking Identification and PIN to other persons.

8. Cancellation of Services

If you wish to cancel any of your Clear Lake Bank & Trust Company Internet Banking Services, please contact a Clear Lake Bank & Trust Company Internet Banking Product Expert in Clear Lake, Iowa, by calling 641-357-7121, in Garner, Iowa, by calling 641-923-3621 or in Mason City, Iowa, by calling 641-423-7121. Internet Banking Product Experts are available between 8:00 A.M. and 4:30 P.M. CST Monday-Friday.

You may also write to us at:

Clear Lake Bank & Trust Company
On-Line Services
P.O. Box 8
Clear Lake, IA 50428

You may also email us at contactus@clearlakebank.com. However, electronic mail (E-mail) transmissions are not secure. We therefore, request that you do not send us or ask for sensitive information, etc. via any general form of E-mail System. E-mail through Clear Lake Bank & Trust Company or other means of E-mail provided by the bank at www.clearlakebank.com are not secure.

If, for any reason, you should ever wish to cancel Internet Banking, your scheduled payments and transfers will be automatically deleted. For this reason, if you cancel Internet Banking, you should make other payment or transfer arrangements. This will also ensure that future payments or transfers made by you will not be duplicated.

The Bank reserves the right to terminate the Clear Lake Bank & Trust Company Internet Banking Agreement, in whole or in part, at any time for any reason.

9. New Services

Clear Lake Bank & Trust Company may, from time to time, introduce new Internet Banking Services and/or enhancements to the current service. We shall update this Clear Lake Bank & Trust Company Internet Banking Agreement and notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms contained in this Clear Lake Bank & Trust Company Internet Banking Agreement.

 

 

ADDITIONAL PROVISIONS

1. Usage

Your first use of Clear Lake Bank & Trust Company’s Internet Banking Service confirms your agreement to and understanding of the terms and conditions in the Clear Lake Bank & Trust Company Internet Banking Agreement.

You agree to the terms of this agreement and the schedule of charges that may be imposed. You authorize us to deduct applicable charges and payments, as accrued, directly from your designated payment account. You are liable for all transactions that you may make or authorize, even if the person you authorize exceeds your authority. If you have given someone your Internet Banking Identification and PIN or any other means of access and you want to terminate that person’s authority, you must change your Identification and PIN or other means of access or take additional steps to prevent further access by such persons.

Unauthorized Transactions in Your Accounts- Notify us immediately if you believe another person has improperly obtained your Internet Banking Identification or PIN. Also notify us if someone has transferred or may transfer money from your Bank deposit account without your permission, or if you suspect any fraudulent activity on your account. To notify us, call a Clear Lake Bank & Trust Company Internet Banking Product Expert in Clear Lake, Iowa, by calling 641-357-7121, in Garner, Iowa, by calling 641-923-3621 or in Mason City, Iowa by calling 641-423-7121. Internet Banking Product Experts are available between 8:00 A.M. and 4:30 P.M. CST Monday-Friday.

You may also write to us at:

Clear Lake Bank & Trust Company
On-Line Services
P.O. Box 8
Clear Lake, IA 50428

You may also email us at contactus@clearlakebank.com.  However, electronic mail (E-mail) transmissions are not secure. We therefore, request that you do not send us or ask for sensitive information, etc. via any general form of E-mail System. E-mail through Clear Lake Bank & Trust Company or other means of E-mail provided by the bank at www.clearlakebank.com are not secure.

If your Internet Banking Identification and PIN have been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if an unauthorized person uses your Internet Banking Identification and PIN without your permission to access a Bank deposit account and/or initiate a transaction. If you do NOT notify us within two (2) business days after you learn of the loss or theft, and we can prove that we could have stopped someone from using your Internet Banking Identification and PIN without your permission had you told us, you could be liable for as much as $500.

Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not recover any money lost after the sixty (60) days.

2. Bank Liability

Except as specifically provided in this Clear Lake Bank & Trust Company Internet Banking Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, any indirect, special, incidental or consequential damages whether caused by the equipment, software, the Bank, OR by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Internet Explorer browser), OR by Internet access providers OR by online service providers OR by an agent or subcontractor of any of the foregoing, nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, Clear Lake Bank & Trust Company’s Internet Banking Service, or Internet browser or access software.

If Clear Lake Bank & Trust Company does not properly complete a transfer or Bill Payment on time or in the correct amount, we will pay any late fees or finance charges as long as your account was in good standing with the merchant prior to this incident. We will also be liable to you if we fail to stop a payment pursuant to your timely order to do so. We shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, we will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient funds in your designated payment account or other accounts being used for transfers; if a legal order directs us to prohibit withdrawals from the payment account; if the payment account is closed or frozen; or if any part of the electronic funds transfer system is not working properly. We will not be liable for indirect, special, or consequential damages arising out of the use of Bill Payment. Clear Lake Bank & Trust Company reserves the right to terminate your use of Bill Pay at any time for any reason.

If we do not complete a transfer or Bill Payment from your designated payment account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable:

  • If, through no fault of ours, you do not have enough money in your account to make a transfer or bill payment.

     

  • If a legal order directs us to prohibit withdrawals from the account.

     

  • If your account is closed or if it has been frozen.

     

  • If you, or anyone you allow, commits any fraud or violates any law or regulation.

     

  • If any electronic terminal, telecommunication device or any part of the electronic fund transfer system are not working properly.

     

  • If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a bill payment.

     

  • If you have not properly followed the instructions for using Clear Lake Bank & Trust Company Internet Banking Account Access or Bill Payment.

     

  • If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the transfer or bill payment, despite reasonable precautions taken by us.

     

  • If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.

     

  • If you do not submit your payment or transfer instructions within the appropriate time period.

     

3. Error Resolution

Call or write to us as soon as possible if you think your statement, account or transaction information is wrong or if you need more information about a transaction listed on your statement or shown through Clear Lake Bank & Trust Company’s Internet Banking Service. We must hear from you no later than sixty (60) days after we send the first statement on which the problem or error appeared. The telephone number and address you may use are as follows:

Phone Customer Service in Clear Lake, Iowa by dialing 641-355-2217 between 8:00 A.M. and 4:30 P.M. CST Monday-Friday.

Write to:
Clear Lake Bank & Trust Company
Error Resolution
P.O. Box 8
Clear Lake, IA 50428

  • Tell us your name and account number.

     

  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

     

  • Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within ten business days.

We will tell you the results of our investigation within ten (10) business days (twenty (20) days if you initiated the transaction from outside the United States) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days if you initiated the transaction from outside the United States) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten business days (twenty (20) days if you initiated the transaction from outside the United States) for the amount you think is in error, so that you will have the use of your 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 provisionally credit your account.

If we determine that there is no error, we will send you an explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

4. Limits on Withdrawals

If any of your qualifying accounts are money market or savings accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than 6 in the monthly statement period. Withdrawals covered by this limitation are ones made by means of preauthorized transfer, automatic transfer, payments arranged by telephone request, check, draft, debit card, or similar order payable to third parties.  You also agree to the “Terms and Conditions” that were delivered to you when you opened your deposit account(s).

5. Disclosure of Account Information

You authorize the Bank and each of its affiliates to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:

  • to comply with government agency or court orders or requests; or

     

  • to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or

     

  • where it is necessary for completing transfers; or

     

  • to provide services relating to your account; or

     

  • if you give us your further permission.

 

MOBILE DEPOSIT USER AGREEMENT

This Mobile Deposit User Agreement ("Agreement") contains the terms and conditions for the use of Clear Lake Bank & Trust Company’s Mobile Deposit services that Clear Lake Bank & Trust Company ("bank", "us", "our", or "we") may provide to you ("you," or "User"). Other agreements you have entered into with Clear Lake Bank & Trust Company, as applicable to your Clear Lake Bank & Trust Company account(s), are incorporated by reference and made a part of this Agreement, including the Online Banking Agreement.

1. Services. Clear Lake Bank & Trust Company’s Mobile Deposit services ("Services") are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by capturing the image of a check and delivering the images and associated deposit information to Clear Lake Bank & Trust Company or our designated processor.

2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change at any time. We will notify you of any material change via e-mail, text message, or on our website by providing a link to the revised Agreement. Your continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, Clear Lake Bank & Trust Company reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.

3. Limitations of Service. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

4. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Clear Lake Bank & Trust Company. Clear Lake Bank & Trust Company is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

5. Fees. A per deposit item fee will be charged for the Service. You are responsible for paying the fees for the use of the Service. Any fee that is charged will be disclosed prior to your deposit. Clear Lake Bank & Trust Company may change the fees for use of the Service at any time pursuant to the section titled "Acceptance of these Terms" above. You authorize Clear Lake Bank & Trust Company to deduct such fees from the same bank account as your mobile deposit.

6. Eligible items. You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to Clear Lake Bank & Trust Company is converted to an image for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

  • Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
  • Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
  • Checks payable jointly, unless deposited into an account in the name of all payees.
  • Checks previously converted to a substitute check, as defined in Reg. CC.
  • Checks drawn on a financial institution located outside the United States.
  • Checks that are remotely created checks, as defined in Reg. CC.
  • Checks not payable in United States currency.
  • Checks dated more than 6 months prior to the date of deposit.
  • Checks or items prohibited by the bank's current procedures relating to the services or which are otherwise not acceptable under the terms of your account.
  • Checks with any endorsement on the back other than that specified in this agreement.
  • Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
  • Checks that have previously been deposited or negotiated in any way via any method at Clear Lake Bank & Trust Company or any other financial institution.

 

7. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as "CLB&T Mobile Deposit Only" or as otherwise instructed by Clear Lake Bank & Trust Company. You agree to follow any and all other procedures and instructions for use of the Services as Clear Lake Bank & Trust Company may establish from time to time.

8. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Clear Lake Bank & Trust Company that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at anytime, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

9. Availability of Funds. Checks deposited via the Service by the Bank's stated 3:00 p.m. CST deadline will be considered deposited on that business day and subject to the Funds Availability disclosure provided during account opening. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available on the first business day after the day of deposit.

10. Disposal of Transmitted Items. Upon your receipt of a confirmation from Clear Lake Bank & Trust Company that we have received an image that you have transmitted, you agree to prominently mark the item as "Electronically Presented", "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. You agree never to re-present the item. You agree to retain the check for at least 60 calendar days from the date of the image transmission. After 60 days, you agree to destroy the check that you transmitted. During the time the retained check is available, you agree to properly handle the check and upon request, promptly provide it to Clear Lake Bank & Trust Company.

11. Deposit Limits. We reserve the right to and may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.

12. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Clear Lake Bank & Trust Company’s sole discretion subject to the agreements governing your account.

13. Errors. You agree to notify Clear Lake Bank & Trust Company of any suspected errors regarding items deposited through the Services immediately, and in no event later than 30 days after the applicable Clear Lake Bank & Trust Company account statement is sent. Unless you notify Clear Lake Bank & Trust Company within 30 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Clear Lake Bank & Trust Company for such alleged error.

14. Errors in Transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. Clear Lake Bank & Trust Company bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

15. Image Quality. The image of an item transmitted to Clear Lake Bank & Trust Company using the Services must be legible, as determined in the sole discretion of Clear Lake Bank & Trust Company. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by Clear Lake Bank & Trust Company, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

16. User Warranties and Indemnification. You warrant to Clear Lake Bank & Trust Company that:

  • You will only transmit eligible items.
  • You will not transmit duplicate items.
  • You will not re-deposit or re-present the original item.
  • All information you provide to Clear Lake Bank & Trust Company is accurate and true.
  • You will comply with this Agreement and all applicable rules, laws, and regulations.
  • You are not aware of any factor which may impair the collectability of the item.
  • You agree to indemnify and hold harmless Clear Lake Bank & Trust Company from any loss for breach of this warranty provision.

17. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

18. Termination. We may terminate this Agreement at any time, for any reason, and without notice. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your account agreement or any other agreement with us.

19. Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

20. Ownership & License. You agree that Clear Lake Bank & Trust Company retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services 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 Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Clear Lake Bank & Trust Company’s business interest, or (iii) to Clear Lake Bank & Trust Company’s actual or potential economic disadvantage in any aspect. You may use the Services only in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

21. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES 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. 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 THAT 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 SERVICES OR TECHNOLOGY WILL BE CORRECTED.

22. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF CLEAR LAKE BANK & TRUST COMPANY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.