Terms of Service and Payment Authorization Agreement
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE INITIATING ANY PAYMENT. BY SUBMITTING A PAYMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Definitions
For purposes of this Agreement, the following terms shall have the meanings set forth below:
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Term |
Definition |
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"Agreement" |
These Terms of Service and Payment Authorization Agreement, including all exhibits and amendments. |
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"Company" |
City National Bank, a Texas Financial Institution, and its successors and assigns, on whose behalf payments are processed. |
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"Borrower" / "You" |
The individual or entity obligated under a loan agreement with or serviced by City National Bank. |
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"Loan Account" |
The Borrower's loan account for which payment is being remitted. |
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"Payment" |
Any remittance of funds toward a Loan Account, whether principal, interest, fees, or other amounts due. |
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"Internal Account Transfer" |
A Payment funded by transfer from a deposit account held at the same financial institution as City National Bank or its payment processor. |
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"External ACH Payment" |
A Payment processed through the Automated Clearing House (ACH) Network, funded from a bank or credit union account held at an external financial institution. |
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"NACHA" |
NACHA – The Electronic Payments Association, which administers the ACH Network and the NACHA Operating Rules. |
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"ACH Network" |
The electronic funds-transfer system governed by NACHA Operating Rules and Regulation E (12 C.F.R. Part 1005). |
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"ODFI" |
Originating Depository Financial Institution – City National Bank or financial institution that originates ACH entries on behalf of City National Bank. |
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"RDFI" |
Receiving Depository Financial Institution – the financial institution that holds the Borrower's external account and receives ACH entries. |
2. Acceptance of Terms
By initiating a payment through the Loan Payment Program, you represent and agree that:
- You are the Borrower of record or an authorized representative with requisite authority to make payments on the Loan Account and to enter into this Agreement on behalf of Borrower.
- You have read, understand, and agree to these Terms of Service in their entirety.
- You consent to the processing and application of your Payment as described herein.
- All information you provide in connection with any Payment is accurate, complete, and current.
- You are at least 18 years of age and legally competent to enter into this Agreement.
3. Payment Processing on Behalf of City National Bank
You expressly acknowledge, understand, and agree to the following:
3.1 Agent Relationship
All Payments made through this Loan Payment Program are received and processed by City National Bank. Confirmation of your Payment constitutes receipt by City National Bank for purposes of crediting your Loan Account.
3.2 Payment Acknowledgment
By submitting a Payment, you acknowledge:
- Your Payment is being made to City National Bank in satisfaction of amounts owed under your Loan Agreement.
- City National Bank retains the right to apply Payments to your Loan Account in accordance with the terms of your loan agreement, applicable law, and City National Bank’s payment application policies (e.g., fees first, then interest, then principal, or as otherwise required by law).
- A payment confirmation or reference number does not constitute final settlement until funds are fully cleared and verified by City National Bank or its processor.
3.3 Payment Application
Payments will be applied based on your loan agreement. City National Bank reserves the right to modify your payment order as required by law or your specific loan terms.
4. Payment Funding Options
The Loan Payment Program offers two approved payment funding methods, each subject to the terms set forth below.
4.1 Option A – Internal Account Transfer
An Internal Account Transfer allows you to fund your Payment directly from a deposit account held at City National Bank.
Authorization and Terms:
- By selecting Internal Account Transfer, you authorize City National Bank (or its processor) to debit the designated deposit account in the amount of your Payment on the date you specify or on the next available business day.
- You represent that you are the account holder or authorized signatory on the designated account and that sufficient funds are available to cover the Payment.
- Internal Account Transfers are typically processed on the same business day if submitted before the applicable cut-off time displayed during the payment process. Transfers submitted after the cut-off time will be processed on the next business day.
4.2 Option B – External ACH Payment
An External ACH Payment allows you to fund your Payment via the ACH Network from a bank or credit union account held at an external financial institution. External ACH Payments are subject to NACHA Operating Rules and applicable federal regulations, including Regulation E (12 C.F.R. Part 1005).
ACH Authorization:
By selecting External ACH Payment, you authorize City National Bank, as the ODFI, to initiate a one-time or recurring (as applicable) ACH debit entry to the external bank or credit union account you designate ("External Account") for the amount of your Payment. This authorization is subject to the following terms:
- You represent that you are the account holder or an authorized signer on the External Account and that the External Account is a valid checking or savings account at a U.S. financial institution participating in the ACH Network and that sufficient funds are available to cover the Payment.
- You authorize the ODFI to originate ACH entries to debit your External Account in the amount authorized.
- You acknowledge that your External Account’s RDFI is authorized to debit the External Account in accordance with this authorization.
- ACH Payments are typically processed within one (1) to three (3) business days, subject to RDFI processing timelines, bank holidays, and any NACHA or ODFI-imposed settlement windows.
- Returned ACH entries (e.g., for insufficient funds, invalid account, account closed, or unauthorized return codes) may result in reversal of any provisional credit, assessment of returned payment fees, and potential suspension of ACH payment privileges.
5. NACHA Compliance – External ACH Payments
External ACH Payments are governed by the NACHA Operating Rules and all amendments thereto, Regulation E (Electronic Fund Transfer Act), and applicable state and federal law. The following disclosures are made in accordance with these requirements.
5.1 Written Authorization
Pursuant to NACHA Operating Rules, your ACH authorization must be in writing (or its electronic equivalent) and must clearly describe the terms of the debit entry. By completing the External ACH Payment process and checking the “I Agree” check box and clicking ‘Confirm Payment” (or equivalent), you are providing written authorization in compliance with NACHA standards.
5.2 Authorization Revocation
You have the right to revoke your ACH authorization at any time by contacting City National Bank at least seven (7) banking days prior to the scheduled settlement date of the ACH entry. Revocation may be made by:
- Submitting a written revocation request to: 201 Connally Street Sulphur Springs, TX 75482
- Logging into your account portal and canceling the scheduled payment
Revocation of authorization does not relieve you of your obligation to repay amounts owed under your loan agreement. City National Bank may pursue other collection methods for amounts due.
5.3 Error Resolution and Unauthorized Transactions
If you believe an ACH debit was made in error, or that an unauthorized ACH entry was initiated from your External Account, you have rights under Regulation E and NACHA Operating Rules, including the right to dispute the transaction with your RDFI. You should:
- Contact your bank or credit union (the RDFI) promptly to report the error or unauthorized entry.
- Notify City National Bank in writing at 201 Connally Street Sulphur Springs, TX 75482 or info@bankatcnb.bank within sixty (60) days of the transaction date.
City National Bank will investigate all reported errors and unauthorized transactions and will cooperate with RDFI dispute processes in accordance with NACHA Operating Rules and applicable law.
5.4 Return Entries and Re-initiation
In the event that an ACH entry is returned by the RDFI, City National Bank or its ODFI may re-initiate the ACH entry as permitted under NACHA Operating Rules:
- An ACH entry returned for insufficient funds (NSF) or uncollected funds may be re-initiated up to two (2) additional times within 180 days of the original settlement date.
- City National Bank is not responsible for fees or charges imposed by your financial institution resulting from failed or returned Payments.
5.5 ACH Security and Data Confidentiality
City National Bank and its ODFI are required to maintain the security and confidentiality of your banking information in accordance with NACHA Operating Rules, including:
- Restricting use of your bank account information solely for the purpose of initiating ACH entries as authorized herein.
- Implementing commercially reasonable security measures to protect your financial data from unauthorized access or disclosure.
- Complying with NACHA’s data security requirements and any applicable state and federal data protection laws.
5.6 Transaction Identification
Each External ACH Payment will include City National Bank’s name as the originator in the ACH transaction record, allowing you to identify the debit on your bank statement. City National Bank Identification Number assigned by the ODFI will appear in ACH transaction records as required by NACHA Operating Rules.
6. Recurring Payments
If you elect to establish a recurring or automatic Payment schedule, the following additional terms apply:
- You authorize City National Bank (or its processor) to initiate recurring debits from your designated account (Internal or External) on the schedule you select (e.g., monthly, bi-weekly) until the Loan Account is paid in full, your loan is otherwise satisfied, end date selected by you at time of recurring payment setup, or you revoke this authorization as described herein.
- You will receive notice of the recurring debit amount at least ten (10) days in advance if the amount varies from the previously disclosed Payment amount, in accordance with Regulation E.
- You may cancel or modify a recurring Payment by contacting City National Bank at least seven (7) banking days before the next scheduled Payment date.
- City National Bank is not responsible for fees or charges imposed by your financial institution resulting from failed or returned recurring Payments.
- If you have initiated a recurring payment, you acknowledge that this authorization will remain in effect until the specific transfer is completed or you cancel it prior to processing.
7. Payment Confirmation and Records
Upon successful submission of a Payment, City National Bank will provide you with a payment confirmation number. You should retain this confirmation for your records. City National Bank’s payment records, including transaction logs and timestamps, shall constitute presumptive evidence of the date, time, and amount of Payments received. In the event of a discrepancy, City National Bank’s records shall prevail absent proof by you to the contrary.
8. Borrower Representations and Warranties
Each time you submit a Payment, you represent and warrant to City National Bank that:
- You are duly authorized to make Payments from the designated account.
- The designated account is open, in good standing, and has sufficient funds to cover the Payment amount.
- The payment information you have provided is accurate and complete.
- You are not in violation of any law, regulation, or contractual restriction in making this Payment.
- You understand that providing false or inaccurate information in connection with a Payment may constitute fraud and may be subject to civil or criminal penalties under applicable law.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CITY NATIONAL BANK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PAYMENT PROCESSORS, AND SERVICERS SHALL NOT BE LIABLE FOR:
- Any damages caused by delay in processing or applying a Payment due to circumstances beyond City National Bank’s reasonable control, including but not limited to ACH Network outages, banking holidays, RDFI processing delays, or acts of God.
- Any fees, charges, or penalties imposed by your financial institution as a result of a Payment transaction.
- Any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement or the processing of Payments.
City National Bank’s total liability to you in connection with any Payment transaction shall not exceed the amount of the Payment at issue.
10. Privacy and Data Use
City National Bank collects, uses, and protects your personal and financial information in accordance with its Privacy Policy, which is incorporated herein by reference and available at https://www.bankatcnb.bank/privacy-policy By submitting a Payment, you consent to the collection and use of your information as described in the Privacy Policy, including sharing with City National Bank’s payment processors, servicers, and ODFI as necessary to process your Payment.
11. Amendments
City National Bank reserves the right to amend these Terms of Service at any time. Material changes will be communicated to you via email or through your account portal at least thirty (30) days prior to the effective date of the change. Your continued use of the Loan Payment Program following the effective date of any amendment constitutes your acceptance of the amended Terms.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles, and applicable federal law, including the Electronic Fund Transfer Act and NACHA Operating Rules. Any dispute arising out of or related to this Agreement or any Payment transaction shall be subject to the dispute resolution provisions set forth in your loan agreement.
13. Entire Agreement
These Terms of Service, together with all documents comprising your loan agreement and City National Bank’s Privacy Policy, constitute the entire agreement between you and City National Bank with respect to the Loan Payment Program and supersede all prior understandings, representations, and agreements relating thereto. In the event of any conflict between these Terms and your loan agreement, the terms of your loan agreement shall take precedence.
14. Contact Information
For questions regarding this Agreement, payment processing, or to revoke authorization, please contact:
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Company Name: |
City National Bank |
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Mailing Address: |
201 Connally Street Sulphur Springs, TX 75482 |
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Customer Service: |
(833) 501-8764 |
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Email: |
info@bankatcnb.bank |
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Website: |
www.bankatcnb.bank |
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Hours of Operation: |
8am – 5pm Monday - Friday |
BORROWER ACKNOWLEDGMENT AND AUTHORIZATION
By signing below (or by electronic acknowledgment), you confirm that you have read, understand, and agree to these Terms of Service, and you authorize City National Bank to process Payments on your Loan Account as described herein.
© The City National Bank of Sulphur Springs All rights reserved. This document is for informational and contractual purposes only and does not constitute legal advice.