CentralMOBILE Business Addendum to CentralNET Business Terms and Conditions. These terms and conditions govern the use of CentralMOBILE Business by customers of Central Bank & Trust Co. Capitalized terms used herein and not otherwise defined will have the meanings given them in the CentralNET Business Terms and Conditions. By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.

  • Program: Central Bank & Trust, Co. offers our business customers mobile access to Account information (e.g., for checking balances and last transactions) using a mobile browser, as well as the option to set up alerts for their Accounts (e.g., low balance alerts). No enrollment action is required. You are automatically enrolled if you are set up in CentralNET Business. Access is permitted as authorized in the Authorization Agreement. Customers will be allowed to opt out of this program at any time by un-enrolling from CentralNET Business.
  • Questions: You can contact us at 859-253-6338, centralnet@centralbank.com 800-637-6884 or visit centralbank.com.
  • Service Provider: The Service Provider of our CentralMOBILE Business Services (as defined below) is MShift, Inc.
  • Participating Carriers: Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless.

A. Description of Services

CentralMOBILE Business is a financial information management service that allows you to access your Company’s Central Bank Account information, make payments by ACH or wire transfer (which must be originated through CentralNET Business, and which are subject to the terms of your ACH or wire transfer agreement with us), and make such other banking transactions as are described on our website: www.centralbank.com (the “Services”) by use of your Mobile Device (as hereafter defined) via WAP (browser based banking). You understand that (i) the cut-off time for ACH transfers originated through the use of CentralNET Business and released by use of CentralNET Business or by CentralMOBILE Business is 5:00 pm Eastern Time, and (ii) the cut-off time for wire transfers originated through the use of CentralNET Business and released by use of CentralNET Business or by CentralMOBILE Business is 4:00 pm Eastern Time. We reserve the right to modify the scope of the Services at any time. The most up-to-date list of services is posted on the Central Bank website at www.centralbank.com. We reserve the right to refuse to complete any transaction you request through CentralMOBILE Business. You agree and understand that CentralMOBILE Business may not be accessible or may have limited utility over some wireless networks, such as while roaming outside the continental United States.
The CentralMOBILE Business Services provide mobile access to customer Account information via WAP, such as Account balances and recent transactions, and the option to receive alerts established within CentralNET Business (e.g., low balance alerts). Message and data rates may apply.
Enrollment is automatic with registration for CentralNET Business, as long as you have provided us with an Authorization Agreement. You may select the type of alerts and other preferences, through CentralNET Business which will determine, together with your Account(s) data, the frequency of alerts delivered to you. You may discontinue use of CentralMOBILE Business at any time.

B. Acceptance of Service

The following terms apply to each authorized user with a Mobile Device that has been registered as authorized to access your Accounts. Your use of CentralMOBILE Business indicates your agreement to be bound by these Terms and Conditions. As the owner of the Accounts, you represent and warrant that you have authorized the Administrator and each user authorized by the Administrator with a Mobile Device tied to Company Account(s) to access, and ratifies all banking transactions executed by such authorized user, as set forth in the Authorization Agreement submitted to Bank.

C. Use of Services

In order to properly use CentralMOBILE Business, you must first register for CentralNET Business via the CentralNET Business Authorization Agreement. You agree to provide true, accurate, current and complete information as requested in registering for the Services. You should review the CentralNET Business user guide provided on our website. You agree to accept responsibility for learning how to use CentralMOBILE Business in accordance with the user guide and agree that you will contact us directly if you have any problems with CentralMOBILE Business. You also accept responsibility for making sure that you know how to properly use your Mobile Device with the Services. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services. You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose, including for the purpose of transmitting junk mail, spam, or unsolicited material to individuals or entities that have not agreed to receive such material; material or data that is illegal or that violates the intellectual property rights of others, or any material that would expose Central Bank, the Licensor or any other third party service provider, or other third party, to liability. You agree not to use any personally identifiable information when providing shortcuts or creating nicknames for your eligible Accounts. We may modify the Services from time to time in our sole discretion. In the event of any modifications, you are responsible for making sure you that you understand how to use CentralMOBILE Business as modified. We will not be liable to you for any losses caused by your failure to properly use the Services or your Mobile Device.

D. Relationship to Other Agreements

You agree that when you use CentralMOBILE Business, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider (e.g., AT&T, Verizon, etc.), and that these Terms and Conditions do not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of CentralMOBILE Business (such as data usage charges imposed on you by your mobile service provider for your use of or interaction with CentralMOBILE Business, which may include downloading the Software, or other use of your Mobile Device when using the Software or other products and services provided by CentralMOBILE Business), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.

E. Your Obligations

You represent and agree to the following by enrolling for CentralMOBILE Business, downloading the Software or by using the Services:

  1. Account Ownership/Accurate Information. You represent that you are either the legal owner of, or have been duly authorized by the legal owner to access and transact business on, the Accounts and other financial information which may be accessed via CentralMOBILE Business. You represent and agree that all information you provide to us in connection with CentralMOBILE Business is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using CentralMOBILE Business. You agree not to misrepresent your identity or your Account(s) information. You agree to keep your Account(s) information up to date and accurate. You represent that you are an authorized user of the Mobile Device you will use to access CentralMOBILE Business and that you are authorized to use the service on your Mobile Device.
  2. User Security. You agree not to give or make available your CentralMOBILE Business Access Credentials or other means to access your Account(s) to any unauthorized individuals. You are responsible for all transfers or other transactions you authorize using CentralMOBILE Business. If you permit other persons to use your Mobile Device and Access Credentials or other means to access CentralMOBILE Business, you are responsible for any transactions they authorize. If you believe that your Access Credentials, Mobile Device or other means to access your Account(s) has been lost or stolen or that someone may attempt to use CentralMOBILE Business without your consent, or has transferred money without your permission, you must notify us promptly by calling 859-253-6338 or 800-637-6884.
  3. User Conduct. You agree not to use CentralMOBILE Business or the content or information delivered through CentralMOBILE Business in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of CentralMOBILE Business to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, business protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to CentralMOBILE Business (i) interfere with or disrupt the use of CentralMOBILE Business by any other user; or (j) use CentralMOBILE Business in such a manner as to gain unauthorized entry or access to the computer systems of others. You agree that you will not attempt to: (a) access any services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of CentralMOBILE Business, the security of CentralMOBILE Business, or other customers of CentralMOBILE Business; or (d) otherwise abuse CentralMOBILE Business.
  4. No Commercial Use or Re-Sale. You agree that the Services are only for the business use of individuals authorized to access your Account information. You agree not to make any commercial use of CentralMOBILE Business or resell, lease, rent or distribute access to CentralMOBILE Business.
  5. Proprietary Rights. You are permitted to use content delivered to you through CentralMOBILE Business only on CentralMOBILE Business. You may not copy, reproduce, distribute or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any CentralMOBILE Business technology, including, but not limited to, any Software or other Mobile Device applications associated with CentralMOBILE Business.
  6. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of CentralMOBILE Business or the Software, your violation of these Terms and Conditions or your infringement, or infringement by any other user of your Account(s), of any intellectual property or other right of anyone.Lost Phone Policy. In the event your enrolled Mobile Device is lost or stolen, you agree to notify us immediately. You understand that there are risks associated with using a Mobile Device for banking services, and that in the event of theft or loss, your confidential information could be compromised. You agree not to store your Access Credentials on your Mobile Device.

F. Use of Google Maps

You agree to abide by the Google terms and conditions of use found at maps.google.com/help/terms_maps.html and the Google Legal Notices found at google.com/help/legalnotices_maps/, or other URLs as may be updated by Google.

G. Charges for the Service

You agree to pay for CentralMOBILE Business in accordance with our fee schedule, as amended by us from time to time. You authorize us to automatically charge your Account(s) for all such fees incurred in connection with CentralMOBILE Business. We may add to or enhance the features of CentralMOBILE Business from time to time. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.

H. CentralMOBILE Business Limitations

  1. The availability, timeliness and proper functioning of CentralMOBILE Business depends on many factors, including your Mobile Device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware and your Mobile Device. Neither we nor any of our Service Providers warrants that the Services or the Software will meet your requirements, operate without interruption or be error-free, and neither we nor our Service Providers shall be liable for any loss or damage caused by any unavailability or improper functioning of CentralMOBILE Business, or for any actions taken in reliance thereon, for any reason, including service interruptions, inaccuracies, delays, loss of data, or loss of personalized settings. You acknowledge that CentralMOBILE Business Services may not be available for use from outside the continental United States.
  2. Neither we nor any of our Service Providers assumes responsibility for the operation, security, functionality or availability of any Mobile Device or mobile network which you utilize to access CentralMOBILE Business.
  3. The services are provided “as is” AND “AS AVAILABLE” without warranty OR GUARANTY of any kind, express or implied, including, but not limited to, warranties of performance or merchantability or fitness for a particular purpose or non-infringement or any other warranty as to performance, accuracy or completeness.
  4. You agree to exercise caution when utilizing the Services on your Mobile Device and to use good judgment and discretion when obtaining or transmitting information.
  5. You acknowledge and agree that from time to time, the Services may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond Central Bank’s reasonable control, including but not limited to, any inaccuracy, interruption or delay in transmission by the Mobile Device carrier used in conjunction with your Mobile Device, or any interruption, disruption, or failure in the provision of the Services, whether caused by fire, earthquake, flood, or similar act of God, or any failure or delay of any transportation, power, computer or communications system or any other or similar cause beyond our control. Neither the Bank, nor its parent or affiliates, nor its Service Providers shall be liable for any claim arising from or related to the Services caused by or arising out of any such delay, interruption, disruption or similar failure. In no event will the Bank, its parent or affiliates, nor its Service Providers, be liable for indirect, consequential, or special damages, including lost profits, arising from your use of the CentralMOBILE Business Services. Neither we nor our Service Providers are liable for any loss, injury, or damage (direct or indirect) resulting from any failures to perform our obligations under these Terms and Conditions, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.

I. Changes, Suspension or Cancellation

You may cancel your participation or the participation of any authorized user in CentralMOBILE Business by calling 859-253-6338 or 1-800-637-6884, M-F 8:00 AM Eastern Time until 5:00 PM Eastern Time. You may also send us a secure message within CentralNET Business. We reserve the right to change, suspend, or cancel CentralMOBILE Business at any time without notice. We may also limit your access to CentralMOBILE Business at any time without notice and for any reason, including, but not limited to, your non-use of the Services. You agree that we will not be liable to you or any third party for any change, suspension or cancellation of CentralMOBILE Business.

J. Third Party Beneficiary

You agree that our service providers (including any provider of Software) may rely upon your agreements and representations in Sections 3 and 4 of these Terms and Conditions, and such service providers are, for the purposes of these sections, intended third party beneficiaries to these Terms and Conditions, with the power to enforce these provisions against you, as applicable.

Revised May 2017
0002006.0013234 4834-3699-0243v2