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Your Business > Deposit Services

Debit MasterCard BusinessCard Disclosure

CNB Debit MasterCard BusinessCard® Agreement and Disclosure

Agreement.  This CNB Debit MasterCard BusinessCard® Agreement (the Agreement) is an agreement between you and The Canandaigua National Bank and Trust Company (Bank) which contains contract terms and other important information relating to your Debit MasterCard BusinessCard® (Debit Card).  These terms govern the operation of this account unless varied or supplemented in writing.  This Agreement also incorporates any other terms and conditions provided separately with your deposit account agreement as well as the terms of any disclosures you may have received.  When you use your Debit Card, you acknowledge receipt of this Agreement, and you agree to the terms and conditions contained in this Agreement.  You should read this Agreement carefully and keep a copy for your records.

Governing Law; Conflict with Applicable Law.  This Cardholder Agreement will be construed in accordance with the laws of New York State.  In the event of any conflict between provisions of the Cardholder Agreement and any applicable law or regulation, the provisions of this Agreement shall be deemed modified in the extent, and only to the extent, required to comply with such law or regulation.

Definitions.  In this Agreement, “Debit Card” means all CNB Debit MasterCard BusinessCards® bearing the MasterCard® logo issued by the Bank.  “We”, “us”, “our”, and “the Bank” mean The Canandaigua National Bank and Trust Company.  “You” and “your” mean the owner of the specific account for which card transactions are permitted, the authorized signers of the specific account, or any person(s) authorized by you to use the Debit Card. “Cardholder” means any person authorized by you to use the Debit Card.  “Checking Account” means your Checking Account at The Canandaigua National Bank and Trust Company that you designate to be linked to your Debit Card for purposes of automatic teller machine/cash (ATM) withdrawals, and point of sale (POS) transactions.  “Banking Days” means Monday through Friday; holidays are not included.  “Available balance” means available funds in your Checking Account plus any available funds on your Business ChexMate Line of Credit Account, less the amount of any outstanding POS and ATM authorizations made to your Checking Account, and less any holds placed on your Checking Account.  Unless inconsistent, words and phrases used in this Agreement will be construed so that the singular includes the plural, and the plural includes the singular. 

Account Requirement, Payment Responsibility, Transferability, Enforceability.  The services described in this Agreement will be available to you only as long as you maintain a business Checking Account with us.  You are liable for the payment of Debit Card transactions authorized by you or your agent or any Cardholder or their agent.  This account may not be transferred or assigned without our written consent.  If any term of this Agreement cannot be legally enforced, it will be considered changed to the extent necessary to comply with applicable law.  If any part of this Agreement becomes unenforceable, it will not make any other part unenforceable. 

Use of Your Debit Card.  Use of the Debit Card allows you to directly access the business Checking Account specified on your Card Order Form.  You authorize us to charge any withdrawal by use of your Debit Card to your Checking Account.  We will issue a Debit Card and Personal Identification Number (PIN) to you at your request.  Each Debit Card will identify your business as well as the Cardholder.

Security Procedures.  Both a Debit Card and a PIN must be used together to obtain cash at designated ATMs.  Both a Debit Card and a PIN or a Debit Card and a signature must be used to purchase goods or pay for services or to obtain cash from a merchant or a financial institution.  You agree that once a Debit Card has been issued, it cannot be transferred to another person.  You agree to immediately notify us when you terminate a Cardholder’s rights and to promptly return the Debit Card to us.  You agree to provide written instructions to all Cardholders about the importance of protecting the Debit Card and PIN.  You agree to examine your receipts and periodic statements in a timely manner.  The dollar/frequency limits assigned to each Cardholder will also act as a security procedure.

Point of Sale (POS) Transactions.  You can use your Debit Card (in person, by phone, or through the Internet) to purchase goods and services and to obtain cash from a merchant at any merchant location displaying the MasterCard®, NYCE®, PULSE®, or PLUS®  logo.  In this Agreement, these purchases are called “Point of Sale” (POS) transactions.  You can make POS purchases using your Debit 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 $5,000 for each Debit Card per Banking Day for the aggregate of PIN-based transactions and signature-based transactions.  Outstanding transactions (transactions that have not yet posted to your account) reduce the daily limit. 

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 available funds in your Checking Account. Our authorization to a participating merchant will operate as a hold on your Checking Account for the authorized amount for 24 hours.

Automatic Teller Machine/Cash (ATM) Services.  You can use your Debit Card in Canandaigua National Bank ATMs and Network ATMs which are members of NYCE®, PULSE®,  or PLUS® networks using your Personal Identification Number (PIN) and for cash withdrawals at participating financial institutions displaying the MasterCard® logo.  To protect against unauthorized use of your card, do not write your PIN on your Debit Card or keep it in the same place as your Debit Card. 

Use at our ATMs.  You may use your Debit Card at Canandaigua National Bank ATMs to:

(a) Withdraw cash from your Checking Account up to a maximum of $500 each Banking Day for each Debit Card, provided that this amount does not exceed your available account balance.  Outstanding transactions (transactions that have not yet posted to your account) reduce the daily limit.

(b) Get your Checking Account balance. This balance may not include some transactions recently made to your account.

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 at Network ATMs to:

(a) Withdraw cash from your Checking Account up to a maximum of $500 each Banking Day for each Debit Card, provided that this amount does not exceed your available account balance. Outstanding transactions (transactions that have not yet posted to your account) reduce the daily limit.

(b) Get your Checking Account balance.  This balance may not include some transactions recently made to your account.  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.

Advisory Against Illegal Use.  You agree not to use your Debit Card for illegal gambling or other illegal purpose.  Display of a payment card logo by, for example, an on-line merchant, does not necessarily mean that transactions are lawful in all jurisdictions in which the Cardholder may be located.

Overdrafts.  If use of your Debit 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 may be imposed by us on the account from which the withdrawal was made.  If your Checking Account has an overdraft line of credit associated with it, the terms and conditions contained in your ChexMate Overdraft Line of Credit Account 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.  There is no fee for use of your Debit Card.  However, you may be required to pay processing fees for replacement cards.  All fees associated with the underlying account remain in effect.

Right to Stop Payment.

You are not permitted to stop payment on any purchase or cash withdrawal originated by the use of your Debit Card, and we have no obligation to honor any stop payment request by you.  You should not provide your Debit Card number for purchases or services unless you are satisfied that you will not need to stop payment. 

Refund on Purchase.  Cash refunds will not be made to you for purchases made with your Debit Card.  If a merchant who honors your Debit 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 must be handled by you directly with the merchant or other business establishment which accepts the Debit 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.

Order of Payment.  We have the right to post and pay Debit Card transactions in the order they are received.  We reserve the right to pay Debit Card transactions before checks and other items.

Cancellation of this Agreement.  We have the right to cancel this Agreement at any time for any reason without prior notice to you.  You may cancel this Agreement by writing to us at the address shown in this Agreement.  If this Agreement is canceled for any reason, your obligation to repay amounts you already owe under this agreement continues.  If either we or you close your Checking Account, this Agreement will automatically terminate once all outstanding POS transactions and other charges have cleared your account.  If this Agreement is terminated or canceled for any reason, you must return your Debit Card to us.

Changes in Terms.  We reserve the right to make changes in this Agreement at any time.  If an immediate change in terms and conditions 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 will provide written notice of the change with your next regularly scheduled periodic statement, unless disclosure would jeopardize the security of the system or account.  If you use your Debit Card after such notice, you will have agreed to the changes.

Refusal of Debit Card/Limits on Our Liability.  We have no responsibility for the failure of any ATM, participating merchant, financial institution or other party to accept your Debit 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 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 if:  you do not have enough money in your account to process the transaction; you have a ChexMate Overdraft Line of Credit and the transfer would cause you to exceed your credit limit; an ATM does not have sufficient cash; or, the funds are subject to legal process or other encumbrance restricting a transaction.  We will not be liable for consequential damages.

Disclosure of Account 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 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 service 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 we collect to companies that perform marketing or other services on our behalf, or to other financial institutions with which we have joint marketing agreements.  We also are permitted under law to disclose nonpublic personal information about you to nonaffiliated third parties (i.e., third parties that are not members of our corporate family) in limited circumstances.  For example, we may disclose nonpublic personal information about you to such third parties to assist us in servicing your account with us; to government entities in response to subpoenas; and to credit bureaus.  We do not disclose any nonpublic personal information about you to any other third parties, except as permitted by law. 

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).  You will get a monthly account statement.  You may elect to receive a receipt at the time you make any transfer to or from your account using an ATM or POS terminal.  You should retain copies of all records including receipts and credit slips (for returned merchandise).  You should also mark each transaction in your account record and review your periodic statement for accuracy.

Foreign Transactions/Currency Conversions.  If your Debit Card is used to effect a transaction in a foreign currency, the transaction amount will be converted to U.S. Dollars by MasterCard® International.  MasterCard® converts foreign currency to U.S. Dollars using either the government-mandated exchange rate or the wholesale exchange rate in effect one day before the date of the conversion, as applicable.  The exchange rate is increased by one percent (1%) if the conversion is made in connection with a charge to an account and decreased by one percent (1%) if the conversion is made in connection with a credit to an account.  The date of conversion by MasterCard® may differ from the purchase date and the posting date identified in the monthly statement for your Checking Account.  You agree to pay charges and accept credits for the converted transaction amounts in accordance with the terms of this paragraph.

Customer Liability and Notification of Unauthorized Use. 

You will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of your Debit Card.  This means your liability for the unauthorized use of your Debit Card could be greater than the liability in a consumer debit card transaction.  You accept and agree to undertake the additional risk and greater measure of liability associated with the use of a business purpose card as described in this Agreement. 

 

MasterCard Zero Liability Program.  You may be liable for Debit Card transactions you do not authorize if we can prove that we processed the transaction in good faith and in compliance with a commercially reasonable security procedure to which we both agreed, unless otherwise required by law.  You may have zero liability for unauthorized transactions under the MasterCard Zero Liability Program if: (1) you have exercised reasonable care in safeguarding your 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. 

 

You agree to tell us at once if you believe your Debit Card or PIN has been lost or stolen or may be used without your permission.  Telephoning us 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.

Lost or Stolen Card.  If you believe your Debit 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 our:

Customer Call Center at 1-585-394-4260 or 1-800-724-2621

Be sure to give your full name and account number.  If you have notified us that your card has been lost or stolen, we will immediately, upon your notification, restrict use of the card.  If you subsequently find the card, you should not attempt to use it.  Under these circumstances, it will be necessary for a new card to be issued.

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 585-394-4260, or 1-800-724-2621, or
  • write to us at 72 South Main Street, Canandaigua, NY 14424

as soon as you can.  You must notify us no later than 60 days after we sent the FIRST statement on which the problem or error appeared.  If you do not tell us within this timeframe, you may not get back any money you lost. 

  • 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 BANKING DAYS.

Canandaigua National Bank & Trust,

Electronic Banking Department

72 South Main Street

Canandaigua, New York 14424

If you are reporting unauthorized use of your Debit Card, we also require that you provide us with an Affidavit of Unauthorized Card Use.  We reserve the right to assess a fee if the results of our investigation, which may take up to 90 days from the date on which you initiate the investigation, indicate that the transaction was an authorized transaction.  If we are successful in recovering the amount of the unauthorized transaction, we will credit your account for the recovered amount, and no fee will be assessed.