Home Mortgage Disclosure Act Notice
The HMDA data about our residential mortgage lending is available for review. The data shows geographic distribution of loans and applications; ethnicity, race, sex, and income of applicants and borrowers; and information about loan approvals and denials. Inquire at any community bank office or call our Customer Call Center at 800-724-2621 or 585-394-4260 regarding the locations where HMDA data may be inspected.
Information Concerning Financial Condition and Results of Operations
Federal law requires us to make available to depositors, other security holders, and the general public, an annual disclosure statement that provides information concerning our financial condition and the results of our operations during the previous year. To obtain a copy of this disclosure statement, you are invited to contact Lawrence A. Heilbronner, Executive Vice President, Chief Financial Officer and Cashier at The Canandaigua National Bank & Trust Company, 72 South Main Street, Canandaigua, NY 14424, (585) 394-4260.
Community Reinvestment Act Notice
Under the Federal Community Reinvestment Act (CRA), the Comptroller of the Currency (Comptroller) evaluates our record of helping to meet the credit needs of this community consistent with safe and sound operations. The Comptroller also takes this record into account when deciding on certain applications submitted by us. Your involvement is encouraged.
You are entitled to certain information about our operations and our performance under the CRA. You may review today the public section of our most recent CRA evaluation, prepared by the Comptroller, and a list of services provided at this branch. You may also have access to the following additional information, which we will make available to you at this branch within five calendar days after you make a request to us: (1) a map showing the assessment area containing this branch, which is the area in which the Comptroller evaluates our CRA performance in this community; (2) information about our branches in this assessment area; (3) a list of services we provide at those locations; (4) data on our lending performance in this assessment area; and (5) copies of all written comments received by us that specifically relate to our CRA performance in this assessment area, and any responses we have made to those comments. If we are operating under an approved strategic plan, you may also have access to a copy of the plan.
At least 30 days before the beginning of each quarter, the Comptroller publishes a list of the banks that are scheduled for CRA examination by the Comptroller in that quarter. This list is available from: The Deputy Comptroller, Northeastern District, Office of the Comptroller of the Currency, 340 Madison Avenue, Fifth Floor, New York, NY 10173-0002. You may send written comments about our performance in helping to meet community credit needs to: CRA Officer, The Canandaigua National Bank & Trust Company, 72 South Main Street, Canandaigua, NY 14424 and The Deputy Comptroller, Northeastern District, Office of the Comptroller of the Currency, 340 Madison Avenue, Fifth Floor, New York, NY 10173-0002. Your letter, together with any response by us, will be considered by the Comptroller in evaluating our CRA performance and may be made public.
You may ask to look at any comments received by the Comptroller. You may also request from the Comptroller an announcement of our applications covered by the CRA filed with the Comptroller. We are a subsidiary of Canandaigua National Corporation, a bank holding company. You may request from the Federal Reserve Bank of New York, 33 Liberty Street, New York, NY 10045, an announcement of applications covered by the CRA filed by bank holding companies.
Rules of the Deposit Account
Agreement - The following printed rules will govern the operation of this account, unless clearly varied in writing or typing on this form or in a separate written agreement (reference to which should, but may not, appear on this form). Additional rules applying only to electronic funds transfers are disclosed in the enclosed Electronic Funds Transfer Disclosure Statement. The word "we" means the financial institution, and the word "you" means the accountholder(s). This agreement includes your promise to pay the charges attributable to your account, which will be disclosed on a separate form and which may be changed in the future and your permission for us to deduct these charges, as earned, directly from the account balance. This agreement incorporates clearing house rules and state and federal law, especially the Uniform Commercial Code (as amended by this form), and is subject to laws regulating transfers at death and estate and other succession taxes.
Deposits - Any non-cash items tendered for deposit (including items drawn "on us") will be given provisional credit only until collection is final (and the actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars). If a deposit item is not paid, we will reverse this credit and we may charge the fee for "Deposit Item Returned." We are not responsible for transactions initiated by mail until we actually receive them. All transactions received after our "daily cut-off time" on a business day, or received on a day, in which we are not open for business, will be treated and recorded as if initiated on our next business day. You agree to use our night depository facilities at your own risk; that we may process such deposits, and our findings and records with respect to such deposits shall be conclusive and binding; and that we will not be responsible for any loss or damage you may sustain.
Withdrawals - Paper - Withdrawals may be made by written order (check or withdrawal slip), on forms approved by us, signed by you. Withdrawals will first be made from collected funds. We reserve the right to, at any time, require not less than seven (7) days' notice in writing before each withdrawal from a savings, Money Market, or interest bearing checking account. We do not now require such notice, and, if we impose it, it will be uniformly applied to all such accounts.
Withdrawals - Electronic - Additional rules applying specifically to electronic funds transfers are contained in the Electronic Funds Transfer Disclosure Statement.
All Personal Accounts - Any one of the persons who signs this agreement may withdraw all or any portion of the account balance. However, upon our receipt of notice of the death or incompetence of a person having the right of withdrawal, we may restrict or prohibit further withdrawals until we are satisfied that our obligations under the law and this agreement have been met.
In Trust For Accounts (Totten Trust) - If you open an In Trust For Account, you may withdraw all or any portion of the account balance during your lifetime. A named beneficiary who does not sign this agreement acquires the right to withdraw from this account only if and when the beneficiary survives you. If more than one beneficiary is named and survives you, the interest of such surviving beneficiaries shall be in equal shares and in accordance with NYS Law.
Joint Accounts With Rights of Survivorship - Each joint tenant who signs this agreement grants to each other signing joint tenant, the power to endorse any item payable to any joint tenant or to the order of any joint tenant, for deposit of such item to this account, for cash, or for any other transaction with us, which power shall terminate upon our receipt of notice of the death or incapacity of the joint tenant, or this account is changed or closed. Each joint tenant agrees to be jointly and severally liable to us for any account deficit (caused, for example, by an overdraft, the assessment of fees, or withdrawal against uncollected funds) regardless of which joint tenant caused such deficit. The initial deposit and any additions to the account are the property of the owners as joint tenants. This means we may release the entire account to any owner during the lifetime of all owners. We may honor withdrawal requests (including checks) from any owner during the lifetime of all owners. We may be required to release money in the account to satisfy a judgment against, or any other valid debt incurred by, any owner. We may honor withdrawal requests (including checks) form any surviving owner after the death of any owner, and may treat the account as the sole property of the surviving owner. Unless an owner directs us by written notice not to honor the withdrawal request (including checks) of an owner, we will not be liable for doing so. After we receive such a notice, we may require written authorization of any or all joint owners for any further payments or deliveries.
Organization Accounts - You must supply us with an up-to-date business resolution form, as applicable. Any one of the authorized signers may withdraw all or any portion of the account balance. The Bank’s action is paying such check, draft, written order or paying pursuant to such written withdrawal or oral request shall be binding on the Corporation or Association, since the requirement of more than one signature is solely an internal requirement o the Corporation or Association and shall not be binding on the Bank.
Reclassification of Account for Regulatory Reporting Purposes - If this account is a checking account, it consists of a checking sub-account and a savings sub-account. The Bank may periodically transfer funds between these two sub-accounts for regulatory reporting purposes. On a sixth transfer during a calendar month, any funds in the savings sub-account will be transferred back to the checking sub-account. If your account is an account upon which interest is paid, your interest calculation will remain the same. Otherwise, the savings sub-account will be non-interest bearing. The savings sub-account will not affect your available balance, the interest you may earn, FDIC insurance protection, or your monthly statement.
Amendments and Termination - We may amend these rules, including the interest rate and schedule of charges, from time to time, upon giving reasonable notice to you. Reasonable notice may consist of posting notice of such changes in our branch offices for a reasonable period of time, enclosing notice in the statement of this account, or notice by mail to you. Your use of the account subsequent to our providing notice to you serves as your acceptance of the amendment. We may also close this account at any time upon reasonable notice and tender of the account balance personally or by mail to you.
Insufficient Funds and Overdrafts - If we refuse to pay an item drawn on this account because of insufficient funds, we may charge the "Item Returned (Insufficient Funds)" fee; if we pay an item which overdraws the account, we may charge the "Overdraft (OD)" fee and deduct the overdraft from the next deposit or use any other collection remedy. If we pay an item which is presented against uncollected funds, we may charge the "Uncollected Funds Fee." More than one Insufficient Funds, Overdraft, or Uncollected Funds fee may be charged against your account per day, depending on the number of items presented on the same day. Transactions may not be processed in the order in which they occurred. The order in which transactions are received and processed by the bank can affect the amount of fees you may incur. Fees may be imposed on both paper and electronic transfers. We do not in any way obligate ourselves to pay any item, which would overdraw this account, regardless of the frequency with which we may do so as a matter of practice. You authorize us to obtain a credit bureau report on any accountholder in the event that it becomes necessary to collect overdrafts on your account. If we enlist the services of an attorney for collection purposes, we have the right to collect reasonable attorney’s fees and court costs from you.
Statements - To minimize our mutual risk of loss, you must carefully examine your statement and report any errors, forgeries, unauthorized withdrawals or alterations to us as soon as possible, but in no event, later than 60 days after the statement is made available to you. If no report is made to us within such time, you waive your right to contest the payment of any items so disclosed, and you accept the charges assessed and the account balance reported as correct.
Notice - Notice from us to anyone of you, whether by mail, or otherwise shall constitute notice to all of you.
Account Transfer - This account may not be transferred.
Set-Off -You each agree that we may at any time (and without prior notice, except as prohibited by law) set-off funds in this account against any debt owed to us now or in the future, by any of you having the right of withdrawal, subject to any limit on the right of withdrawal, from this account by such person or legal entity. This right of set-off does not apply to this account if
(a) it is an IRA or a tax-deferred retirement account; or (b) the debtor's right of withdrawal only arises in a representative capacity.
Exchange of Information - We are permitted under law to share information about our experiences or transactions with you or your account (such as your account balance and your payment history with us) with companies related to us by common control or ownership (affiliates). We also may share additional information about you or your account (such as information we receive from you in applications and information from credit reporting agencies) with our affiliates. You may instruct Canandaigua National Corporation not to share information (other than information related to account history and our experiences with you) within the Canandaigua National Corporation family of financial service companies, by calling us toll free at 1-800-724-2621.
Stop Payment - Upon your request, a stop payment order may be placed against a specific check(s). This request is subject to a "Stop Payment" fee. An oral order is binding only for fourteen calendar days unless confirmed in writing within that period. A written order is effective for only six months unless renewed in writing. (Uniform Commercial Code, Section 4-403)
Transactions Limitations for Savings Accounts - Each calendar month or similar period of at least four weeks, "the period", you may make up to six (6) transfers or withdrawals or a combination thereof from your account by preauthorized or automatic transfer or telephonic (including data transmission) agreement, order or instruction. Only three (3) of these transfers or withdrawals may be made by check, draft, debit card, or similar order made by you and payable to third parties. In the event you exceed this limit during the statement period, you will be notified by the Bank, and your account will be subject to the "Excess Transaction" fee for every restricted transaction posted to the account for the remainder of the period. If you continue to exceed this limit in a statement period after the Bank has notified you, the Bank is required by Federal Regulation to close your savings account and place the funds in a transaction account or take away the transfer capabilities of your savings account. There is no limit on the number of withdrawals you may make from your account in person, by mail, messenger, Automated Teller Machine, or by telephone when you request a check be mailed to you.
Early Account Closeout - If this account is closed within six months from the date the account is opened, and it is not a time deposit, you agree that we may charge the "Early Account Closeout Fee."
Account Inactivity - If this account is a checking account, and it has not had any customer activity for 120 consecutive days and the balance is less than $100, OR it has not had any customer-initiated activity for 365 days, regardless of balance, you agree that we may charge the "Account Inactivity Fee". This fee will be assessed each month thereafter until the account is no longer inactive or until such time as the bank is required to remit these funds to the NYS Comptroller in accordance with the NYS Abandoned property Law. If this account is a savings account and has not had any customer-initiated activity for 731 consecutive days, and it is not a time deposit or a Looney Tunes Account, you agree that we may charge the "Account Inactivity Fee". This fee will be assessed each month thereafter until the account is no longer inactive or until such time as the bank is required to remit these funds to the NYS Comptroller in accordance with the NYS Abandoned property Law.
Excess Transactions - If the account is a savings account, and the number of transactions exceeds the limits imposed under the terms of the account (six third-party payments or six restricted transfers or withdrawals) you agree that we may charge the "Excess Transaction Fee" for every restricted transaction posted to the account for the remainder of that statement period or 4-week period, whichever is shorter.
Canandaigua National Bank & Trust Electronic Funds Transfer Disclosure Statement
As a consumer who uses electronic funds transfer (EFT) services, you have certain rights and responsibilities. This disclosure summarizes them for you. Your rights and responsibilities are defined by the Electronic Funds Transfer Act (15 USC sec. 1693, et seq.) and Regulation E of the Federal Reserve Board. One requirement of this Act and the Regulation is that all financial institutions must make certain disclosures to all EFT users.
In this disclosure, we, us, our, and the Bank mean Canandaigua National Bank & Trust. You and your mean the person(s) to whom we issue a Debit Card or an ATM card, or an authorized user. Debit Card means all CNB MasterMoney™ Debit Cards bearing the MasterCard® logo issued by the Bank and ATM Card means all CNB ATM cards issued by the Bank. Checking Account means your personal Checking Account at Canandaigua National Bank that you designate to be linked to your Debit Card or ATM card for purposes of automatic teller machine (ATM) withdrawals, transfers and point of sale (POS) transactions. Savings Account means your personal Savings Account at Canandaigua National Bank that you designate to be linked to your ATM Card for purposes of ATM withdrawals or transfers. Business Days means Monday through Friday; Federal holidays are not included.
Types of Transfers. An EFT is made by electronic means. EFTs include transactions such as: (1) those initiated by use of a Debit Card or ATM Card at ATMs or at merchants that permit POS transactions; and (2) pre-authorized credits (e.g., direct deposits to your account) or pre-authorized debits (e.g., payments to third parties which are automatically deducted from your account). Pre-authorized debits and credits include transactions processed through the Automated Clearing House (ACH). ACH transfers can be recurring (e.g., bill payments) or non-recurring (e.g., electronic check conversion). Electronic check conversion occurs when you provide a merchant with a paper check. The merchant scans your check to capture the routing, account, and serial numbers from the check to initiate the transfer.
Use of Your Debit Card and Your ATM Card.
Point of Sale (POS) Transactions. With your Debit Card, you can pay for the purchase of goods and services at any merchant location displaying the MasterCard®, NYCE, PLUS, or PULSE logo. With your ATM Card, you can pay for the purchase of goods and services at select merchants. In this disclosure, these purchases are called Point of Sale (POS) transactions. You can make PIN-based and signature-based POS purchases using your Debit Card and PIN-based POS purchases using your ATM card up to the amount of the available balance in your Checking Account at the time of the POS transaction up to a maximum of: Debit Card - $3,000 per day for Optimum Accounts and $2,000 per day for Non-Optimum Accounts, ATM card - $1,000 per day. The "available balance" for the purpose of this agreement means the available balance (collected funds) in your Checking Account, plus any available funds in a linked sweep account, plus any available limit on your ChexMate Overdraft Line of Credit Account, less the amount of any outstanding POS authorizations made to your Checking Account for POS transactions, and less any holds placed on your Checking Account. You cannot access your Savings Account for POS transactions. For POS transactions, you authorize us to debit your Checking Account for the amount of the transaction, whether or not you have signed or sign any sales authorization slip. You acknowledge that all POS transactions will constitute a simultaneous withdrawal from your Checking Account, even though the transaction might not actually be paid from your Checking Account until a later date. Participating merchants may be required to obtain an authorization from us for certain POS transactions. We are under no obligation to authorize POS transactions for which there are not sufficient funds available in your Checking Account. Our authorization to a participating merchant will operate as a hold on your Checking Account for the authorized amount for 48 hours.
Automatic Teller Machine (ATM) Services. You can use your Debit Card or ATM Card in Canandaigua National Bank ATMs and Network ATMs which are members of NYCE®, PLUS®, and PULSE networks using your Personal Identification Number (PIN). To protect against unauthorized use of your Debit Card or ATM Card, do not write your PIN on your Debit Card or ATM Card or keep it in the same place as your Debit Card or ATM Card.
Use at Our ATMs. You may use your Debit Card or ATM Card at Canandaigua National Bank ATMs to:
- Withdraw cash from your Checking and Savings Accounts up to an aggregate amount of $500 each calendar day, provided that this amount does not exceed your available account balance. You authorize us to charge any withdrawal by use of your Debit Card or ATM Card to your Checking Account or Savings Account as you designate at the time of withdrawal.
- Make deposits to your Checking Account and Savings Account. All deposits made with your Debit Card or ATM Card through Canandaigua National Bank ATMs are subject to receipt by us and verification of the items and amount. Funds may not be available for withdrawal on the day of deposit. Cash deposits made at CNB ATMs will be available not later than the second Business Day after the banking day on which cash is deposited. All deposits are subject to the bank's Funds Availability Policy.
- Transfer funds between your Checking Account and Savings Account.
- Make payments due to the Bank directly from your Checking Account and Savings Account or by enclosing a check.
- Get your Checking Account and Savings Account balances. These balances may not include some transactions recently made to your accounts.
Network ATMs. "Network ATM" means an ATM operating on an interbank electronic funds transfer payments network enabling access to your account. You may use your Debit Card or ATM Card at Network ATMs to:
- Withdraw cash from your Checking and Savings Accounts.
- Get your Checking Account and Savings Account balances. These balances may not include some transactions recently made to your accounts.
- If you use an ATM that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated transfer network.
Overdrafts. If use of your Debit Card or ATM Card overdraws your Checking Account, you will be notified and you agree to make immediate payment to the Bank of the amount of any such overdraft together with such service charges as imposed by us on the account from which the withdrawal was made. If your Checking Account has a ChexMate Overdraft Line of Credit associated with it, the terms and conditions contained in your ChexMate Overdraft Line of Credit Agreement will control with respect to overdrafts of your Checking Account regardless of whether they result from purchases, cash withdrawals, use of checks or use of any other card or device.
Fees and Charges. Charges for transactions that occur at EFT facilities are fully disclosed in the Bank's Financial Services Guide - Fees For Special Handling disclosure. There is no fee for use of your Debit or ATM Card for POS transactions or at CNB ATMs. If you use an ATM that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated transfer network. You may be required to pay a processing and overnight delivery fee for replacement cards. All fees associated with the underlying account remain in effect.
Pre-authorized Deposits. You may arrange to have third parties make regular deposits to your Checking or Savings Account by electronic means. Right to Confirmation: If you are scheduled to receive deposits on this basis you may find out if the deposit has been made by contacting our Customer Call Center at
1-585-394-4260 or if you are outside Ontario County 1-800-724-2621. You may access our automated CNBanker Voice System by dialing 1-585-394-5520 or 1-800-283-1989.
Pre-authorized Debits. You may arrange to have third parties make regular payments directly from your Checking Account or Savings Account by electronic means. The Bank requires written notice from you that you have authorized a third party to obtain funds from your account electronically.
Right to Stop Payment
Purchases and Cash Withdrawals. You are not permitted to stop payment on any purchase or cash withdrawal originated by the use of your Debit Card or ATM Card, and we have no obligation to honor any stop payment request by you.
Preauthorized Transfers. If you have told us in advance to make regular payments out of your account, you can stop any of those payments. Here's how: Call our Customer Call Center at 1-585-394-4260, or if you are outside the local calling area, dial 1-800-724-2621, or write the Bank at Canandaigua National Bank and Trust, 72 South Main Street, Canandaigua, NY 14424 in time for us to receive your request at least three (3) Business Days before the payment is scheduled to be made. If you telephone us, we may require you to put your request in writing and get it to us within 14 days after you call. We will charge you the current stop payment fee for each stop payment order you give. Please refer to the Bank's Financial Services Guide - Fees For Special Handling disclosure for information on charges for this service. Liability for Failure to Stop Payment: If you order us to stop a pre-authorized transfer at least three (3) Business Days before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Pre-authorized Debits - Notice of Varying Amounts. If regular pre-authorized payments vary in amount, the person being paid should tell you ten (10) days before each payment when it will be made and how much it will be. You may choose instead (by agreement with the payee) to get that notice only when the payment would differ by more than an agreed amount from the previous payment, or when the amount would fall outside limits that you set.
Limits on Pre-authorized Debits. The Bank will process these debits only if you have sufficient funds in your account. If your account has insufficient funds for an automatic payment that you have requested the Bank to make, you may be charged the insufficient funds fee. (Please refer to the Bank's Financial Services Guide - Fees For Special Handling disclosure.) If your Checking Account has a ChexMate Overdraft Line of Credit associated with it, the terms and conditions contained in your ChexMate Overdraft Line of Credit Agreement will control with respect to overdrafts of your Checking Account regardless of whether they result from a pre-authorized debit.
Refund on Purchase. Cash refunds will not be made to you for purchases made with your Debit Card or ATM Card. If a merchant who honors your Debit Card or your ATM Card gives you credit for merchandise returns or adjustments, the merchant will do so by sending us a credit slip which we will apply as a credit to your Checking Account. Any claim or defense with respect to property or services purchased with your Debit Card or ATM Card must be handled by you directly with the merchant or other business establishment which accepts the Debit Card or ATM Card; and any such claim or defense which you assert will not relieve you of your obligation to pay the total amount of the sales draft plus any appropriate charges we may be authorized to make.
Changes in Terms. If an immediate change in terms and conditions to your account is necessary for security reasons, we may amend these terms and conditions without prior notice. If such a change is to be made permanent, we shall provide written notice of the change with your next regularly scheduled periodic statement or within 30 days, unless disclosure would jeopardize the security of the system or account. If you use your Debit Card or ATM Card after such notice, you will have agreed to the changes.
Refusal of Debit Card or ATM Card. We have no responsibility for the failure of any ATM, participating merchant, financial institution or other party to accept your Debit Card or ATM Card. We will not be liable if an electronic terminal fails to function for any reason, whether or not this malfunction is known to us, nor will we be liable if your Debit Card or ATM Card is rejected or confiscated, either at an electronic terminal or through a merchant or financial institution, if previously reported lost or stolen and you attempt to use it. We will not be liable for consequential damages.
Disclosure of Account Information. We will disclose information to third parties about your account or the transfers you make: where it is necessary for completing transfers; to assist us in servicing your account with us; in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; in order to comply with a government agency or court order; or if you give us written permission. You may instruct us not to share information (other than information related to account history and our experiences with you) within the Canandaigua National Corporation family of financial services companies, and to limit marketing offers based on this personal information, by calling us toll free at 1-800-724-2621. We may also disclose all of the information that we collect, as described above, to companies that perform marketing or other services on our behalf or to other financial institutions with which we have joint marketing agreements. You consent to and authorize the Bank and its affiliates to monitor and/or record your telephone conversations with any of its representatives to ensure quality service.
Account Statement and Transaction Receipt(s). If your account has EFT transaction capability, you will get a monthly account statement. You will get a receipt at the time you make a transfer greater than $15 to or from your account using an ATM or POS terminal.
Our Liabilities for Failure to Make Transfers. If we do not complete a transfer to or from your 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, for example:
- through no fault of ours, you do not have sufficient funds in your account to make the transfer
- the transfer would go over the credit limit on your overdraft line
- the ATM where you are making the transfer does not have enough cash
- the terminal was not working properly and you knew about the breakdown when you started the transfer
- circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken
- we have reason to believe that the transaction requested is unauthorized
- your Debit Card or ATM Card has been reported lost or stolen, you subsequently find it and attempt to use it, but you have not requested us to reactivate your card
- funds in your account are subject to legal process.
Customer Liability and Notification of Unauthorized Use. You agree to tell us at once if you believe your Debit Card, ATM Card or PIN has been lost or stolen. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account plus your available ChexMate Overdraft Line of Credit if applicable. If you tell us within two (2) business days, you can lose no more than $50 if someone used your Debit Card, ATM Card or PIN without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Debit Card, ATM Card or PIN, and we can prove we could have stopped someone from using your Debit Card or ATM Card without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after your statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
Lost or Stolen Card. If you believe your Debit Card, ATM Card or your PIN has been lost or stolen or you believe an unauthorized transfer from any of your accounts has occurred or may occur, please contact us immediately at:
CNB Customer Call Center 1-585-394-4260 or out of area 1-800-724-2621
Be sure to give your full name and account number.
If you have notified us that your Debit Card or ATM Card has been lost or stolen, and you subsequently find it, you must notify us before using it again.
MasterCard Zero Liability
You may have zero liability for unauthorized Debit Card transactions under the MasterCard Zero Liability Program if: (1) you have exercised reasonable care in safeguarding your Debit Card from risk of loss, theft, or unauthorized use; (2) you have not reported two or more incidents of unauthorized use in the preceding 12 months; and (3) your account with the Bank is in good standing. If you do not meet all three conditions stated above, then your liability will be the lesser of $50 or the amount of money, property, labor, or services obtained by the unauthorized use before notification to the Bank was given. Unauthorized use means the use of the Debit Card by a person other than the cardholder, who does not have authority for such use and from which the cardholder receives no benefit. Zero liability does not apply: (1) if a PIN is used as the cardholder verification method, or (2) to cards issued outside of the United States.
In Case of Errors or Questions About Your Electronic Transactions. If you think your statement or receipt is wrong or if you need more information about a transaction listed on your statement or receipt, telephone us at 1-585-394-4260 or outside Ontario County call 1-800-724-2621 or write to us at the address shown on your bank statement as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Tell us your name and account number. Describe the error or the transaction 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. Give us a telephone number at which you can be reached in case we need any further information.
IF YOU TELL US ORALLY, WE MAY REQUIRE THAT YOU SEND US YOUR COMPLAINT OR QUESTION IN WRITING, TO THE ADDRESS PROVIDED BELOW, TO BE RECEIVED BY US WITHIN 10 BUSINESS DAYS.
Canandaigua National Bank & Trust
72 South Main Street
Canandaigua, New York 14424
We will tell you the results of our investigation within ten (10) business days after we hear from you, and we will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If it is necessary to do this, we will provisionally re-credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If, however, you have told us orally about your question or complaint and we did not receive your written confirmation within ten (10) business days of your oral report, we will not provisionally re-credit your account. If we decide that there was no error, we will send you a written 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. For POS transactions and foreign initiated electronic fund transfers we may take 10 business days, after we hear from you, to tell you the results of our investigation, or alternatively, re-credit your account and resolve the error within 90 calendar days. For EFT investigations requested within the first 30 calendar days after the first deposit to the account is made, we may take 20 business days, after we hear from you, to tell you the results of our investigation, or alternatively, re-credit your account and resolve the error within 90 calendar days.
Funds Availability Policy Disclosure
The following disclosure notice is provided as required by Regulation CC of the Federal Reserve Board (12 CFR sec. 229).
Our policy is to make funds from your deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash, and we will use the funds to pay checks that you have written.
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal Holidays. If you make a deposit on a non-business day we will consider that the deposit was made on the next business day we are open. The bank’s daily cutoff time is 6pm. All deposits made after the daily cut-off time are considered to be made on the next business day.
If you need to be sure when a particular deposit will be available for withdrawal, you should ask us when the funds will be available.
Longer delays may apply
In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit.
If we are not going to make all of the funds from your deposit available on the first business day after the day of your deposit, we will notify you at the time you make the deposit. We will also tell you when the funds will be available. If your deposit is not made in person directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
- We believe a check you deposit may not be paid.
- You deposit checks totaling more than $5,000 on any one day.
- You redeposit a check that has been returned unpaid.
- You have overdrawn your account repeatedly in the last six months.
- We are unable to verify the endorsement of a joint payee.
- There is an emergency, such as failure of communications or computer equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
Cash deposits made by mail, at a proprietary ATM, or by means other than at a staffed teller station will be available for withdrawal not later than the second business day after the banking day on which the cash is deposited.
Special rules for new accounts
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits to new accounts will be available on the ninth business day after the day of your deposit.
The Law and Your Endorsements
How you endorse the check you deposit is more important than ever under the new law. All personal and business endorsements:
a. belong on the same end of the check as "Pay to the Order of" and
b. must be confined to the top 1½ inches on the back of the check.
Please refer to the diagram below to locate the area for your endorsement.
Do not write, stamp, or sign outside this area. An institution may refuse to accept your check if it is not properly endorsed.
All new supplies of checks you receive will have a target area printed on the back of each check to help you identify the acceptable endorsement zone. All the remaining area is reserved for endorsements by the financial institutions that handle the check on its way back to the check writer's account.
Staying within your target area means that all subsequent endorsements will be clearly legible. As a result, questions about a check in transit can be answered quickly, ensuring the availability of the funds you deposit.
Fees For Special Handling
Effective July 1, 2013
Fees for Account Services
|Account Inactivity Fee (per month)
|Account Research ($25 per hour; $25 minimum)
|Check Cashing (Non-Depositors)
|Deposit Item Returned, including ACH & other electronic deposits
|Early Account Close-out Fee
|Excess Transaction Fee (per item)
|Copies (paper, facsimile, electronic) of Bank Records other than Statements (per page)
|Faxed Items other than statements (per page)
|Statement Copies (per statement)
|Item Returned (NSF - insufficient funds – per item)
|Legal Process Handling Fee*
|Overdraft (OD – per item)
|Quick Pay (personal ACH to/from another bank)
|Uncollected Funds Fee (UCF - per item)
|Wire Transfer: Incoming (US)
|Wire Transfer: Outgoing (US)
|Wire Transfer: International
Fees for ATM and Debit Card Services
|Point of Sale (POS)
|Special Card Order/Reissue (Standard Delivery)
|Special Card Order/Reissue (Expedited Delivery)**
|Withdrawal at non-CNB ATMs***
Fees for Money Orders and Official Checks
|Canandaigua National Bank & Trust
|International Draft in U.S. Dollars
|International Draft in foreign currency
Fees for Other Services
|Vinyl deposit bag with CNB logo
|Locked night deposit bag
|Disposable, plastic night deposit bags (per bag)
|Disposable, plastic night deposit bags (100 bags)
All fees are subject to change.
* This fee is charged to Canandaigua National Bank & Trust customers for research we are required to perform as a result of information requests in connection with legal proceedings.
** Fee may vary; fee in effect at time of reorder.
***This fee does not apply to Optimum or essentials Checking Accounts.
Important Information About New Procedures for Opening an Account, Mandated by the USA Patriot Act
To help the government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act, a Federal law, requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account, including business accounts.
What this means for you:
When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. If you are opening an account on behalf of a business entity, documents relating to the business may also be requested.
In all cases, protection of our customer's identity and confidentiality is our pledge to you. We proudly support all efforts to protect and maintain the security of our customers and our country.
Online Banking Access Agreement & Disclosure
Click here to read and print the full Online Banking Access Agreement & Disclosure
Available Balance in Online Banking
The Available Balance displaying in online banking for checking accounts includes the balance of any ChexMate Line of Credit and the balance of any deposit account that is linked through a sweep agreement.
The Available Balance does not include any funds that may be available through the bank’s discretionary Courtesy Limit or Courtesy Limit Plus overdraft program.
Online Banking Funds Transfer Details
Deposit Transfers -Funds Transfers to External Accounts on which you are an owner may take up to three business days to be applied to your account.
- Regular Payment- The amount entered is a regular loan payment where Principal and Interest will be applied to your loan.
- Principal Only Payment- The first amount entered will be applied to the Principal balance only. If loan is not current, this payment will first be applied to meet the Regular Payment requirement of Principal and Interest, and may result in your account being past due.
Loan Payoff - Please contact our Customer Call Center at 800-724-2621 or 585-394-4260 for loan payoff amounts and procedures.
Loan Payment Processing Deadlines- Payments submitted after 4 p.m. EST on a business day, or a non-business day, will not process until the next business day. Transfers from non-CNB accounts may take up to three business days to be applied to your account. CNB is not responsible for inputting of incorrect account information which may delay payment begin applied to your account.
Add External Account Agreement
I authorize Canandaigua National Bank & Trust to initiate ACH debit or credit entries to the external account I have registered. I certify that I am an owner or authorized on the external account with unlimited withdrawal or deposit rights on the depository’s records, to originate transfers to or from the account. I acknowledge that the transactions must comply with the provisions of the US Law. I will notify Canandaigua National Bank & Trust if the account is closed or my withdrawal rights are limited or removed so it may be deleted from future use. The intent is to have the offsetting entry for these transfers to be charged/deposited to my account maintained at Canandaigua National Bank & Trust.
Stop Payment Agreement
In requesting the stop payment of this check, the requestor agrees:
- That I have checked my online transaction history, and this check has not yet been paid from my account,
- That I authorize Canandaigua National Bank & Trust (CNB) to debit the above account for the $32 stop payment fee,
- To notify Canandaigua National Bank in writing to cancel this order if and when the reason for stop payment ceases to exist,
- That closing of the account upon which this check is drawn shall automatically cancel this order,
- That in accordance with Section VI.A of our Online Banking Agreement and Disclosure, this electronic stop payment order will be deemed to be in writing and, therefore will be in effect for six months,
- That this order expires and is of no further effect six months from date of delivery to CNB unless earlier released or renewed by the individual requesting this order in writing.
It is understood that:
- If a third party (including all branches of CNB) becomes a holder in due course of this check, the third party may be entitled to enforce payment against the drawer,
- If CNB does not have a reasonable time to act on this stop payment before CNB has accepted the item, or before CNB has paid the item in cash, or before the item has been deposited or received for deposit for credit in an account of a customer with the payor bank, then CNB may be entitled to enforce payment of this item against the drawer,
- Due to an error in sorting or misrouting, this check may have already been accepted by CNB and CNB may be unable to determine this until two days after acceptance,
- By directing CNB to stop payment on the above transaction, the account holder agrees to hold CNB harmless against any and all loss, claims, damages, and costs, including court costs and attorneys' fees, that CNB may suffer or incur by reason of non-payment of the above transaction if presented prior to withdrawal of these instructions or expiration thereof. The stop payment request must be provided to CNB in such a time and in such a manner as to allow CNB reasonable time to act on the request prior to acting on the check. The account holder also understands that it is necessary to provide the correct information related to the transaction, and that failure to do so may result in the payment of the above item. The account holder agrees to hold harmless and indemnify CNB for all expenses, costs, and damages incurred by payment of the above item if such payment is the result of failure of the account holder to furnish any item of information requested above completely, accurately, and correctly,
- Stop payments for payments made through CNBillPay must be requested using the CNBillPay service or by calling the Customer Call Center at 585-394-4260 or 800-724-2621.
General. As a subscriber to the CNB Mobile Deposit Service (the "Service"), this Addendum ("Addendum") amends and becomes a part of the Online Banking Access Agreement and Disclosure (Online Banking Agreement) and the Rules of the Deposit Account between you and The Canandaigua National Bank and Trust Company. Your agreement to the CNB Mobile Deposit Agreement ratifies, affirms, and incorporates the terms of the Online Banking Agreement and the Rules of the Deposit Account, and you agree that these collective agreements shall continue to apply in all respects, as amended hereby. In the event of a conflict between this Addendum and the Online Banking Agreement and the Rules of the Deposit Account, this Addendum will govern.
Unless otherwise noted, the words used in this Addendum have the meanings set forth in the Online Banking Agreement, except that the terms “we,” “us,” “our,” “CNB,” and “Bank” refer not only to The Canandaigua National Bank and Trust Company and our affiliates, but also to third parties who assist CNB in providing the Service (“Third-Party Service Providers”). The terms “you” and “your” refer to each owner or authorized signer on an account. The term. “business days" means Monday through Friday, excluding Saturday, Sunday and Federal holidays.
Use of the Service. You must: have a supported Mobile Device (e.g., IPhone, Android, iPad, etc.) with a supported camera and a supported operating system; have a data plan for your Mobile Device; and download the CNB Mobile App to your Mobile Device (collectively, the “Mobile Device”). We do not guarantee that your particular Mobile Device, Mobile Device camera, Mobile Device operating system, or mobile carrier will be compatible with the Service. Except as expressly provided in this Addendum, deposits made though the Service are subject to all limitations and terms set forth in the relevant deposit agreement governing your Account, as it may be modified from time to time, including, but not limited to, those terms related to deposit acceptance, crediting, funds availability, collection, endorsement, processing order and errors.
Fee for Use of Service. You can use the Service to make deposits into any of your Accounts at CNB that are accessible to you through your online banking. The following fees apply:
No fee for mobile deposits made to consumer deposit accounts.
A fee of $0.50 per mobile deposit made to business deposit accounts.
Items deposited using the Service will be displayed on your periodic statement and in your online banking register as follows: the transaction will be displayed as “CNB Mobile Deposit;” the fee for deposits made to business checking accounts will be displayed as “CNB Mobile Deposit Fee.” The CNB Mobile Deposit Fee for deposits made to business deposit accounts will be calculated and displayed on your periodic statement and in your online banking register on a daily basis as a cumulative total for the posting date(s) of the CNB Mobile Deposit(s).
Eligible Checks and Items. You agree to transmit images of "checks," as that term is defined in Federal Reserve Regulation CC ("Reg. CC"), and only images of those checks that are permissible under this Addendum or such other items as we, in our sole discretion, elect to include under the Service. You agree that the image of the check transmitted to us will be deemed an “item” within the meaning of Article 4 of the applicable Uniform Commercial Code. You agree that you will not use the Service to deposit images of any checks or other items as listed below:
- Checks or items payable to any person or entity other than you, or to you and another party.
- Checks or items containing alteration to any of the fields on the front of the check or item (including the MICR line), 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 or item is drawn.
- Checks or items previously converted to a substitute check, as defined in Reg. CC.
- Checks or items drawn on a financial institution located outside the United States.
- Checks or items that are remotely created checks, as defined in Reg. CC.
- Checks or items not payable in United States currency.
- Checks or items dated more than six (6) months prior to the date of deposit.
- Checks or items on which a stop payment order has been issued or for which there are insufficient funds.
- Checks or items prohibited by our current procedures relating to the Service or which are otherwise not acceptable under the terms of the Rules of the Deposit Account.
Nothing in this Addendum should be construed as requiring CNB to accept any check or item for deposit, even if CNB has accepted that type of check or item previously. CNB will not be required to identify or reject any checks or items that you may deposit that fail to meet the requirements of this Addendum.
Endorsements and Procedures. Before transmission, you agree to restrictively endorse any check or item transmitted through the Service as "Payee’s Endorsement (payee should sign), For Deposit Only, CNB Account #______." You agree to follow any and all other procedures and instructions for use of the Service as we may establish from time to time. You agree to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through the Service.
Funds Availability. Federal Reserve Board Regulation CC (availability of funds) does not apply when you transmit the electronic images of items to us. Our policy is to make funds from your deposits available to you on the first business day after the day we receive your deposit; however, we reserve the right to reject any item transmitted through the Service, at our discretion, without liability. If you make a deposit on a non-business day, we will consider that the deposit was made on the next business day. The bank’s daily cutoff time is 6 p.m. All deposits made after the daily cut-off time are considered to be made on the next business day. In the event that CNB establishes later daily cut-off times for checks and items deposited via the Service, we reserve the right to change the daily cut-off time at any time as permitted by law. You agree and acknowledge that items must be received and accepted by CNB before the applicable daily cut-off time and must not be incomplete, illegible or erroneous, and comply with the terms of this Addendum to be eligible for next-business-day crediting.
Receipt of Items; Crediting or Rejection of Items. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability. We are not responsible for items we do not receive in accordance with this Addendum or for images that are dropped or damaged during transmission. An item will be deemed received when you receive a confirmation from CNB that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or completed, or that funds will be credited to your Account for that item. We may return, refuse to accept, or delay the availability of all or any part of a deposit to your Account using the Service at any time, and we will not be liable for doing so even if such action causes outstanding checks or other debits to your Account to be dishonored and returned.
Destruction of Transmitted Checks and Items. You agree that after the item has been scanned and submitted for deposit using the Service, that you will not otherwise transfer or negotiate the original item, substitute check or any other image thereof. You further agree that you will be solely responsible for the original items, including storage, retrieval and destruction. After a check or item has posted to your Account, and the funds are available, you agree to prominently mark the check or item as “Electronically Presented” or “VOID,” or destroy the item. You agree never to re-present to us or any other party a check or item that has been deposited through the Service unless we notify you that the check or item will not be accepted for deposit through the Service. You will promptly provide any check or item, or a sufficient copy of the front and back of the check or item, to CNB as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or item, or for CNB’s audit purposes. You agree to destroy or otherwise properly dispose of checks and items that have been accepted for deposit through the Service and have cleared to ensure that such checks and items are not re-presented for payment and, prior to disposal or destruction, to safeguard such checks and items.
Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using the Service and to modify such limits from time to time. The maximum amount you may deposit on any day is $5,000.00.
Image Quality. The image of a check or item transmitted to CNB using the Service must be legible. The image quality of the checks and items must comply with the standards set by us, and with any requirements set by any clearing house we use or agreement we have with respect to processing checks or items. You agree that we will not be liable for any damages resulting from a check or item’s poor image quality, including those related to rejection of or the delayed or improper crediting of such an item, or from any inaccurate information you supply regarding the check or item.
Security of Your Mobile Device, Access Information, and Account Information. You are responsible for: (i) maintaining the confidentiality and security of your Mobile Device, login information, password(s), and any other security or access information, used by you to access the Service (collectively, "Access Information"), and (ii) preventing unauthorized access to or use of the Access Information, files or data that you store, transmit or use in or with the Service (collectively, "Account Information"). You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, email and other data ("Communications") entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Access Information, including your Mobile Device. We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft or unauthorized use of Access Information has occurred.
Changes to the Service. We reserve the right to terminate, modify, add and remove features from the Service at any time in our sole discretion. You may reject changes by discontinuing use of the Service. Your continued use of the Service will constitute your acceptance of and agreement to such changes. Maintenance to the Service may be performed from time-to-time resulting in interrupted service, delays or errors in the Service, and we will have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
Restrictions on Unlawful Use of the Service. You agree that you will not use the Service in locations that are prohibited under U.S. law and regulations, including laws and regulations issued by the Office of Foreign Assets Control. You agree that you will not use the Service for any illegal purpose.
Warranties. You warrant to CNB that:
You will only transmit eligible checks and items that you are entitled to endorse.
All checks and items will include all signatures and endorsements required for their negotiation.
Images will meet CNB’s image quality standards in effect from time to time.
You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.
You will not deposit or re-present the original check or item with CNB or any other party.
All information you provide to CNB is accurate and true.
You will comply with this Addendum and all applicable rules, laws and regulations.
You will use the Services only for your own deposits and will not allow the use of the Service by way of a service bureau business, timesharing, or otherwise disclose or allow use of the Service by or for the benefit of any third party.
Any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn.
The information you transmit to us corresponding to an item contains a record of all applicable MICR-line information required for a substitute check and the accurate amount of the item.
The item conforms to the technical standards for an Electronic Item set forth in Federal Reserve Board Regulation J, or Federal Reserve Bank operating circulars and for a substitute check set forth in Federal Reserve Board Regulation CC.
No person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item that has already been paid.
You will not redeposit through this Service any item previously deposited and returned to you unless we advise you otherwise.
You will employ commercially reasonable security measures and firewalls sufficient to protect transmissions and storage to ensure no unauthorized access or duplicate presentment.
You will only transmit Items that originated as paper Items.
You will comply with all laws and regulations applicable to you in your use of the Service and not use the Service for any purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or authority;
You agree to hold harmless and indemnify CNB from any loss for breach of this warranty provision or the terms of this Addendum.
Our Liability. WE ARE ONLY RESPONSIBLE FOR PERFORMING THE SERVICE AS EXPRESSLY STATED IN THIS ADDENDUM. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICE WILL BE AVAILABLE AT ALL TIMES, AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICE, MOBILE APP, EQUIPMENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL CNB OR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF DATA, PROFIT, GOODWILL, OR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY YOU ARISING OUT OF OR RELATED TO THIS ADDENDUM, THE MOBILE APP, THE SOFTWARE, THE EQUIPMENT OR THE SERVICE WHETHER OR NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE REQUIRED BY LAW. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CNB’S AND OUR THIRD-PARTY SERVICE PROVIDERS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Third-party Beneficiary. You agree that our Third-Party Service Providers may rely upon the provisions of this Addendum, including its disclaimer of warranties and any limitations of liability and that such Third-Party Service Providers are, for the purpose of this Addendum, third-party beneficiaries to this Addendum with the power to enforce this Addendum.
Cancellation of the Service. You may cancel the Service at any time by calling our Customer Service Center at 1-800-724-CNB1 and allowing us a reasonable opportunity to act upon your request.
Our Right for Refusal of Checks or Items Presented and Termination of Service. We have no obligation to honor any instruction, in whole or in part, that: (i) we reasonably believe is used for any illegal or improper purpose or activity; (ii) we have reason to believe may not be authorized by you; (iii) would violate any law, rule or regulation applicable to us or the Service; (iv) is not in accordance with any other requirement stated in this Addendum or any of our policies, procedures or practices; or (v) for our protection or yours, we have reasonable cause not to honor. We reserve the right to refuse to honor an instruction or suspend or terminate the Service, in whole or in part, at any time, with or without notice to you, with or without cause, including, without limitation, if: (a) we have reason to believe that your Account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your login information; (b) we believe the Service is not being used for its intended, bona fide and lawful purposes under this Addendum and the Online Banking Agreement; (c) we have reason to believe the Service is being used in an anti-competitive manner or contrary to CNB’s business interests; (d) your Account is closed, access to your Account is restricted for any reason, or if you do not use the Service for a period of time; or (e) following initial enrollment you do not use the Service. Our termination of the Service will not affect your liability or obligations under this Addendum, the Online Banking Agreement or any other agreements you have with us for actions we have taken on your behalf.
Ownership and License. You agree that CNB retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of the Service, including the Mobile App. You may use the Service only for your own benefit. 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 Service. In the event that you attempt to use, copy, license, sublicense, sell or otherwise convey or to disclose the Mobile App or any other part of the Service, in any manner contrary to the terms of this Addendum, we will have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions.
Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions; iPhone, is a trademark of Apple Inc., registered in the U.S. and other countries; iPad is a trademark of Apple Inc.
If you elect to utilize the CNBillPay® service, you direct The Canandaigua National Bank and Trust Company (CNB) to make payments from your designated Checking Account to the Payees you choose in accordance with this Agreement. "You" or "Your" means each person who is authorized to use the service. "Payee" means anyone you designate and CNB accepts as a “Payee,” including CNB. The terms and conditions of this Agreement are in addition to the Checking Account Agreement and other disclosures and documents in effect from time to time governing your Checking Account (Rules of the Deposit Account).
Bill payments are processed from your Checking Account by Electronic Funds Transfer if the Payee accepts electronic payments. Payees who do not accept electronic payments will receive payments by check.
The CNBillPay® service allows you to schedule bill payments through Online Banking. You can schedule, at your option, for the payment of your current, future and recurring bills from any of your CNB checking accounts. There is no limit to the number of payments that may be authorized. You may pay any merchant or individual within the United States (including U.S. Territories and APOs/AEOs) through the use of CNBillPay®. We are unable to process any payment of taxes or court-directed payments through CNBillPay®. Specifically, CNBillPay® may not be used for the following payments: IRS Payments, payments to federal, state, or local governmental units or tax agencies, court-ordered payments or non-United States payments.
Setting up Payees and Payments
Enrollment is processed through Online Banking. Once you have signed on to Online Banking, click on CNBillPay®. After you have set up your initial Payees and Payments, you may add, delete, or revise them by accessing the Service and entering the appropriate information.
By furnishing us with the names of Payees, you authorize CNB to follow the payment instructions to these Payees that you provide us through CNBillPay®. When we receive a payment instruction for the current or a future date, we will remit funds to the Payee on your behalf from the funds in your selected checking account. When CNB receives a payment instruction, you authorize CNB to charge your checking account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as reasonably possible. While it is anticipated that most transactions will be completed on the exact day designated, it is understood that due to circumstances beyond the control of CNB, particularly delays in handling and posting payments by slow-responding companies or financial institutions, some transactions may take a day or even a few days longer.
We reserve the right to refuse the designation of a Payee for any reason. We are not responsible if a bill payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee.
The Bill Paying Process
If you want to add a new Payee, select the Payee or Payments tab located in the CNBillPay® application or speak to a service representative. You may add a new fixed payment to a Payee by accessing the service and entering the appropriate information. Most other additions, deletions, or changes can be made by using the service.
Single (One-time) Payments – a single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s process date, provided the payment request is received prior to the daily cut-off time, which is currently 4:00 p.m., EST. Single payment requests received after the business cut-off time or at any time on a non-business day will be processed on the next business day following the designated process date. We reserve the right to change the cut-off time, and if we do so, we will provide you with notice of this change. You agree to electronic delivery of this notice.
Recurring Payments - When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
If the recurring payment’s "Pay Before" option is selected, the process date for the new occurrence of the payment is adjusted to the first business date prior to the calculated process date.
If the recurring payment’s “Pay After” option is selected, the process date for the new occurrence of the payment is adjusted to the first business date after the calculated process date.
Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing, and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.
The system will calculate the Estimated Arrival Date of your payment. This is only an estimate. Please allow ample time for your payments to reach your Payees. We recommend that you ALLOW AT LEAST SEVEN (7) BUSINESS DAYS PRIOR TO THE DUE DATE FOR EACH BILL PAYMENT TO REACH THE PAYEE (recurring or single). The seven-day allowance also applies when making payments to CNB. For that reason, you may want to consider setting up an automatic payment (rather than a payment through CNBillPay®), for any loan payments to CNB. This payment option will directly debit your deposit account and provide same-day credit to your loan account. Please contact our Customer Call Center at 1-800-724-2621 ext. 1, for this payment option.
Cancelling a Payment
A bill payment can be changed or cancelled, anytime prior to the cutoff time on the scheduled process date.
Stop Payment Policy
If a Payee whom you have designated receives electronic payments, the payment will be submitted electronically. You may not place a stop payment on a payment that has been processed entirely by electronic means. You are responsible for contacting your Payee to resolve any payment discrepancies which you may have.
If a Payee whom you have designated does not receive electronic payments, the payment will be submitted via paper check on your behalf. If you request that a stop payment be placed on a bill payment that has been made by paper check, and your request is received within twenty-one (21) calendar days of the date your account is debited, we will process your stop payment request, and we will impose a Stop Payment Fee.
You agree to have available and collected funds on deposit in the checking account you designate, in amounts sufficient to pay for all bill payments requested, as well as any other payment obligations you have to CNB. If you do not have sufficient funds in the account, payment will not be processed.
CNB reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with the above requirement or any other term of this agreement. If any payment is rejected or reversed by us, you must resubmit it using the one-time process.
If you do not have sufficient funds in the account and CNB has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand.
You further agree that CNB, at its option, may charge any of your CNB accounts to cover such payment obligations and that CNB may assess its standard fee for Insufficient Funds.
You are solely responsible for controlling the safekeeping of and access to your Login and Password to Online Banking. If you want to terminate another person's authority, or if you believe that your Login and Password have been used by an unauthorized individual, you must notify CNB and arrange to change your Login and Password.
You are liable for all transactions you or your authorized users make, even if that person exceeds his or her authority. You will be responsible for any bill payment request you make that contains an error or that is a duplicate of another bill payment. CNB is not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment.
CNB is not liable for any failure to make a bill payment if you fail to promptly notify CNB after you learn that you have not received credit from a Payee for a bill payment. We do not assume liability for delays in the processing of payments by your Payee.
CNB is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be CNB’s agent.
In any event, CNB will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this agreement or the service, even if CNB has knowledge of the possibility of them.
CNB is not liable for any act, failure to act, or delay in acting if it is caused, in whole or in part, by any cause beyond CNB’s reasonable control.
CNB has the right to change this agreement at any time by sending a notice of the change to you using any one of the following methods: notice sent to the most recent email address you have provided; by posting a message to your online mailbox with a link to an electronic version of the notice; by mailing notice to you at the last address shown for the account on CNB’s records; by posting notice in branches of CNB, or as otherwise permitted by law.
You may terminate this agreement by written notice (including electronic notice provided by email or using the online banking message feature) to CNB. CNB is not responsible for any fixed payment made before CNB has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by CNB on your behalf.
There is no monthly fee for use of the CNBillPay® Service. You may make an unlimited number of payments each month.
Additional Charges for Customer-requested Services and Other Items:
- Written correspondence to Payee: $25.00 per item
- Proof of payment not necessitated by a dispute: $25.00 per item
- Payment canceled after cut-off time and prior to disbursement: $20.00 per item
- Rush Delivery Fee: $14.95
- 2nd Day Fee: $9.95
- Charitable Donations: $1.99
- Gift Check: $2.99
All other fees related to the underlying Checking Account remain in effect as set forth in the Consumer Schedule of Service Charges and Fees. CNB reserves the right to charge you for research time involving payments no longer available in your screen history.
You may be asked to designate a payment account for selected services. You agree to pay promptly all fees and charges for services provided under this Agreement, and you authorize CNB to charge the account that you have designated as the payment account or any other account for the fees. If you close the payment account, you must notify CNB and identify a new payment account for the selected services.
Notice for Consumer Customers Using the CNBillPay® Service. Bill payments are processed as an electronic funds transfer. Please refer to the Electronic Funds Transfer Agreement and Disclosure that you received at the time of account opening for your rights and responsibilities under the Electronic Funds Transfer Act.
Text Enrollment Agreement
Terms and Conditions
Canandaigua National Bank & Trust (CNB) Text Banking – 226563
By entering your mobile phone number and clicking or tapping on the “Agree to Terms” box, you agree to the Terms and Conditions for CNB Text Banking (the service), and you acknowledge that you will be subscribed in the service until you send STOP to CNB Text Banking or select the On/Off button in Text Enrollment - Preferences. You also acknowledge that you are the owner of the account corresponding to the mobile phone number that you have entered or that you have the account owner’s permission to use this number for the service.
CNB Text Banking allows you to opt-in to receive information related to your CNB online accounts, to perform transfers between your CNB online accounts, as well as to receive notifications of the availability of additional electronic services and functionality that may become available in the future.
CNB Text Banking works with multiple carriers, but may not work with all handsets.
CNB does not assess a fee for using CNB Text Banking. Your mobile service provider may charge message or data fees for your use of the service. If you send a text message from outside the US, you may incur roaming fees. Check with your mobile service provider for details and specific charges that may apply to your use of the service.
Subscribers to CNB Text Banking may receive multiple messages in response to a text banking inquiry.
How to opt-out
To opt-out of CNB Text Banking, text STOP to 226563 or select Off in Text Enrollment - Preferences. If you text STOP, you will receive a text message that confirms your cancellation of the service, followed by a HELP text that provides a link and the option to reactivate the service. After you receive those messages, no more messages will be sent unless you reactivate the service.
For support or information about CNB Text Banking, text HELP to 226563.
For a list of available text banking commands, text LIST to 226563.
If you prefer, you may call our Customer Call Center at (585) 394-4260 or (800) 724-2621 or Contact Us via our website at www.cnbank.com.