THIS DOCUMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH CITIBANK,
FSB ("Citibank") OFFERS YOU ACCESS TO c2itsm, A SERVICE THAT
FACILITATES FINANCIAL TRANSACTIONS OVER THE INTERNET. THESE TERMS AND
CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. IN THESE
TERMS AND CONDITIONS, "WE," "US," AND "OUR" REFER TO CITIBANK, AND "YOU"
AND "YOUR" REFER TO YOU, THE c2it MEMBER.
I. DESCRIPTION OF YOUR c2it ACCOUNT
When you enroll in the c2it service, you will be establishing an
individual non-interest bearing transactional account with Citibank, F.S.B
("c2it Account"). Your c2it membership enables you to send cash to
recipients within the United States, send International money transfers to
recipients in over one hundred countries, transfer cash from your c2it
Account to your Linked Accounts (as defined in section III below), get
cash, request cash, as well as add cash to your c2it Account. All
transactions made through the c2it service will pass through your c2it
Account.
II. ENROLLMENT IN THE c2it SERVICE
1. To enroll in c2it you must be at least eighteen (18) years
old, a resident of the United States, and have an e-mail address.
2. When you enroll in c2it you will be asked to create your
own personal c2it Membership ("c2it Membership"). Your c2it Membership
will contain your name, e-mail address and a password of your choosing.
Your c2it Membership will also contain a profile ("c2it Profile") of any
credit and debit card accounts (MasterCard and VISA only) ("Card
Accounts"), and checking, savings, and money market accounts ("Bank
Accounts") that you would like to use with c2it. Please see Section III
below.
3. We reserve the right to decline your c2it service
enrollment. If we are not able to fully verify your enrollment
information, you may have limited access to the c2it service.
4. Once you have successfully enrolled in c2it you are
considered a member ("Member") of c2it.
III. ADDING ACCOUNTS TO YOUR c2it PROFILE
1. You may choose to add ("link") to your c2it Profile any of
the Card Accounts from which you would like to send, get, and add cash
to your c2it Account. At this time, debit card accounts may not be used
to get cash.
2. You may choose to link to your c2it Profile any of the Bank
Accounts from which you would like to send and add cash to your c2it
Account or to which you would like to receive cash from your c2it
Account.
3. If you Link a Bank Account, you will provide Citibank with
authorization to access such Bank Accounts in accordance with our
instructions. c2it will allow you to Link Bank Accounts either online or
by sending in a voided check. The address on your Bank Account statement
must be the same as the mailing address on your c2it Membership.
Upon Linking a Bank Account, you authorize c2it to make two (2)
credits to the Bank Account to confirm your control of the Bank Account.
You agree to call c2it Customer Service or contact us through our Online
Customer Service and provide the amount of the two credits to your Bank
Account. The Bank Account will be available for use with your c2it
Membership upon verification of the amount of the credits with a c2it
Customer Service representative. If you want to transact with your Bank
Account immediately, the fastest way to verify the amounts of the
credits is by calling Customer Service.
Upon your request, c2it will make electronic transfers from Linked
Bank Accounts via the Automated Clearing House (ACH) system in the
amount you specify. You agree that such requests constitute
authorization for such transfers.
4.Linked Card Accounts and Linked Bank Accounts are considered
collectively linked accounts ("Linked Accounts"). All Linked Accounts
must be with financial institutions in the United States.
5. You represent and warrant that you are an owner of each
Linked Account and that you have the authority to make transactions with
respect to such Linked Account(s).
6. If you use a Linked Card Account to fund your c2it
transactions, the issuer of your Card Account shall determine whether to
treat the transaction as a purchase, a cash advance, or as quasi cash
and whether any additional fees will apply.
7. US Federal regulations require your bank to limit the
number of transactions that you authorize using your savings or money
market account. c2it transactions funded from your savings or money
market accounts will count towards this limit. You should check with
your bank regarding their policy.
IV. ADDING CASH TO YOUR c2it ACCOUNT
1. You can add cash ("Add Cash") to your c2it Account only on
the www.c2it.com website by: 1) specifying an amount and any one of your
Linked Accounts to use to fund your c2it Account and/or 2) picking up
cash ("Get Cash") that has been sent to you through the c2it service.
When you Get Cash, the cash from the transaction will be automatically
transferred into your c2it Account.
2. For Add Cash transaction limits, please see Section XIII.
3. Add Cash transactions cannot be cancelled.
V. YOUR c2it STATEMENT AND YOUR c2it
BALANCE BAR
A. Your c2it Statement
A statement showing all transactions on your c2it Account for the last
six (6) months is maintained on www.c2it.com in the History section of "My
c2it" and is available for you to view when you log in to c2it. Each month
we will send an e-mail notification advising you that your c2it Account
statement is available. The statement will include a summary of your
balance and an itemized listing of your transactions by date.
You may contact Customer Service through our secured Online Customer
Service or call Customer Service at 800-200-3881 to obtain a copy of your
transaction statements that no longer appear online. In the event you are
unable to view your statement online, you may contact Customer Service to
obtain a copy of your c2it Account statement.
B. Your c2it Balance Bar
You will see a balance bar link at the top of every page within the
c2it site. The current balance may not accurately reflect the actual
balance as a result of rounding of certain transactions to the nearest
full dollar amount and our posting process. To obtain your most up-to-date
balance, please contact Customer Service.
VI. INTEREST
You will not earn interest on any funds in your c2it Account.
VII. FDIC INSURANCE
Your individual accounts at Citibank, including the funds in your c2it
Account, are insured by the Federal Deposit Insurance Corporation (FDIC)
up to $100,000. To determine your FDIC coverage, add together all of your
individual accounts (including Sole Proprietorship Accounts) held at
Citibank.
VIII. BUSINESS DAYS
Business Days are Monday through Friday, excluding federal holidays. We
consider Saturday, Sunday, and Monday as one Business Day and federal or
state holidays as part of the Business Day which follows the holiday.
IX. CLOSING YOUR ACCOUNT
You may close your c2it Account at any time by calling us at
800-200-3881. Any balance in your c2it Account will be refunded to you by
check.
X. DESCRIPTION OF USE FOR DOMESTIC TRANSACTIONS
A. Instructions for Sending Cash
1. When you send money to a recipient within the United States
("Send Cash"), you can choose to send from one of your Linked Accounts
or your c2it Account. c2it will ask you to provide the recipient's
e-mail address and the amount of money you would like to send.
2. When you Send Cash from your c2it Account, you can send up
to the amount of cash available in your c2it Account, subject to the
transaction limits specified in Section XIII.
3. When you instruct us to Send Cash from a Linked Card
Account or your c2it Account, c2it will send the recipient an e-mail on
the same day advising that you have sent her money and explaining how
she can receive the money that you have sent ("Get Cash"). In order to
Get Cash, the recipient must be a c2it Member. If the recipient is not a
Member of c2it, she can enroll in c2it when she receives the e-mail
informing her that you have sent money to her.
4. When you instruct us to Send Cash directly from a Linked
Bank Account, c2it will send the recipient an e-mail on the same day
advising her that you have sent money. She will then be notified with a
second e-mail when the funds are available for her to Get Cash. Please
see Section XII for "Funds Availability."
5. Citibank is not responsible for payments made to unintended
recipients caused by incorrect information provided by you or when a
person other than the owner of the e-mail address to which you have sent
money, accesses that e-mail address and picks up the cash.
6. Send Cash requests are subject to the transaction limits
and fees in Section XIII.
B. Canceling a Send
Cash Transaction
1. You have the right to cancel a Send Cash transaction at any
time by canceling the Send Cash transaction online through www.c2it.com,
contacting us through our secured Online Customer Service or by
telephoning us at 800-200-3881 as long as the recipient has not yet
picked up the money. If you successfully cancel a Send Cash request,
c2it will refund the amount of the cancelled transaction into your c2it
Account. However, transaction fees assessed will not be refunded if you
choose to cancel a Send Cash request.
2. You acknowledge that once money is picked up by a recipient
it is non-reversible and non-refundable.
3. The recipient of a Send Cash transaction must Get Cash
within ninety (90) days of our receipt of your Send Cash request. We
will send an e-mail reminder to the recipient forty-five (45) days after
the date of the Send Cash request, notifying the recipient that he must
Get Cash within forty-five (45) days. If the recipient still has not
picked up the cash, an e-mail will be sent to both the sender and the
recipient that these funds are no longer available. By the 90th day, the
recipient will no longer have access to the money. On the 91st day, the
transaction amount will be refunded into the sender's c2it Account.
However, the transaction fee shall not be refunded.
C. Instructions for Getting Cash
1. When you receive money through a Send Cash transaction, you
will receive an e-mail notifying you that you have money to be picked
up. This money is not moved into your c2it Account until you instruct us
to Get Cash.
2. If you are not a Member of c2it, you can enroll in the c2it
service when you receive the e-mail informing you that you have been
sent money. In order to Get Cash, you must be a c2it Member.
3. When you instruct us to Get Cash, we will transfer the cash
into your c2it Account. Once the cash is in your c2it Account, you can
Send Cash, transfer it to any of your Linked Accounts, request a check
or keep it in your c2it Account for future use.
4. You must Get Cash within ninety (90) days from the
initiation of the Send Cash transaction. If you do not Get Cash within
the ninety (90) days, the funds will no longer be available to you.
5. You acknowledge that Send Cash transactions may be
cancelled at any time, without prior notice to you, by the sender or by
us, as long as you have not picked up the funds.
6. Get Cash transactions cannot be cancelled.
7. Get Cash requests are subject to the transaction limits in
Section XIII.
D. Instructions for Transferring
Cash
1. Transferring Cash from your c2it Account to any of your
Linked Accounts:
c2it service enables you to Transfer Cash ("Transfer Cash") from your
c2it Account to any other Linked Accounts (these include credit card and
bank accounts) in any amount up to the cash available in your c2it
Account, subject to the transaction limits in Section XIII. If you'd
like to move money between your Linked Accounts, first Add Cash to your
c2it Account and then Transfer Cash from your c2it Account to any of
your Linked Accounts. To Transfer Cash, you will need to provide the
amount to transfer and the destination account.
2. At this time, you can only use the Transfer Cash
functionality when transferring cash from your c2it Account into one of
your Linked Accounts.
3. Transfer Cash requests cannot be cancelled.
4. Transfer Cash requests are subject to the transaction
limits and fees in Section XIII.
E. Request Cash Transactions
When you complete a Request Cash transaction you will be presented with
a confirmation page. You should print the confirmation page for your
records. We will retain a record of your Request Cash transaction in your
c2it transaction history for a period of only six (6) months.
XI. DESCRIPTION OF USE FOR INTERNATIONAL
TRANSACTIONS
c2it service facilitates international money transfers ('International
Transactions') funded from your c2it Account or Linked Card Accounts to
recipients in over one hundred countries. Depending on the destination
country selected by you, the following International Transaction types are
available: international Citibank check ('International Checks') and
direct deposits to foreign bank accounts ('International Direct
Deposits'). Based on the information provided by you, International Checks
will be sent in the mail to the recipient and International Direct
Deposits will be sent to the bank of the recipient you specify.
A. Sending an International Transaction
1. You may send International Transactions to any of the
countries listed in the Help Section of the c2it service ("Available
Countries"). You may fund International Transactions from your Linked
Card Accounts or your c2it Account, provided you have sufficient funds
available and you do not exceed your c2it transaction limits, as
specified in Section XIII. The recipient does not need an e-mail address
and does not become a Member of c2it, but must have a bank account in
their name in the destination country of the International Transaction.
2. Citibank reserves the right to add and delete Available
Countries to the service at any time without prior notice to you.
3. When you instruct us to send an International Transaction,
for some countries, you will be able to choose between sending an
International Check or an International Direct Deposit. International
Checks will be fulfilled via a Citibank check and they are for deposit
to the payee's bank account only. International Direct Deposits will be
fulfilled via either a wire transfer or via a payment through foreign
payment clearing systems at Citibank's option. Please see the Help
section of the c2it service for International Transaction options
available for each country.
4. The available currency for each country will be presented
to you at the time you request an International Transaction. For some
destinations the available currency is U.S. dollars rather than the
national currency. In these cases the recipient will be responsible for
any foreign currency conversion fees and the exchange rate their bank
may apply to the International Transaction. For European Monetary Union
participating countries, transactions will always be fulfilled in euro.
5. In addition to the applicable transaction fees, a currency
exchange rate will be applied when U.S. dollars are converted to another
currency and vice versa. United States currency is converted to foreign
currency at an exchange rate set by c2it and is disclosed to you on
www.c2it.com at the time you conduct your International Transaction. The
exchange rate is guaranteed to you once you have received an online
confirmation number for your International Transaction. c2it service's
foreign exchange rate may vary by country and transaction type because
c2it service purchases foreign currency from multiple providers. Any
difference between the rate given to customers and the rate received by
c2it service will be kept by c2it service in addition to the transaction
fees. For information concerning the current exchange rates please see
the International tab at www.c2it.com or contact Customer Service at
800-200-3881. For International Transactions sent in U.S. dollars, the
recipient may be charged fees and a foreign currency exchange rate by
their financial institution related to the conversion of funds to the
local currency.
6. Citibank is not responsible for payments made to unintended
recipients caused by incorrect information provided by you.
7. The actual amount that your recipient receives may be
reduced by charges imposed by the recipient's bank.
8. The recipient may not have immediate availability of funds
due to recipient's bank policies, local payment clearing system rules or
banking system regulations.
9. International Direct Deposit transactions to certain
countries require a $250 minimum or foreign currency equivalent in order
for c2it to process the transaction. You will be alerted on www.c2it.com
when you have not input the minimum amount required and be prompted to
either increase the amount of your transaction or select another payment
option if available (International Check).
10. Funds availability to the recipient is dependent on local
laws, and bank and clearing system regulations, and is not guaranteed by
Citibank. Information is available in the Help section on www.c2it.com
that provides you with approximate expected delivery times, which are
not guaranteed by Citibank.
B. Canceling an
International Transaction
1. When you initiate an International Direct Deposit, you will
be given an opportunity to review the data you have entered and make
changes or cancel the information you have entered. Once you have
selected 'Next' on the review screen your transaction will be processed
and you will not be able to cancel the transaction.
2. You may request that an International Check be stopped if
the International Check is greater than the equivalent US$15 in value
and is outstanding, as determined by Citibank. You may contact us
through the secured Online Customer Service or by calling Customer
Service. Due to varying country laws and banking regulations, check stop
payment requests may not always be honored, and you will not be
refunded, even though the transaction status appears as outstanding on
your c2it transaction history. For transaction fees associated with
successful stop payments, please see Section XIII.
3. For successful stop payments, your c2it Account will be
credited in U.S. dollars. The amount of the refund to your c2it account
may differ from the original transaction amount due to the associated
stop payment fee and possible differences in foreign currency exchange
rates. Differences in the foreign currency exchange rate could result in
your receiving a higher or lower U.S. dollar amount than the original
transaction.
4. International Checks outstanding for more than 180 days
from the order date will automatically be stopped by Citibank, the
amount will be refunded to your c2it Account in U.S. dollars, and the
International Check auto-stop payment fee will be deducted from your
c2it Account. For the associated auto-stop payment fee, please see
Section XIII. Differences in the foreign currency exchange rate could
result in your receiving a higher or lower U.S. dollar amount than the
original transaction. A reminder e-mail will be sent to you prior to the
stop payment being issued to enable you to alert the recipient.
5. In the event an International Check is stopped, either
automatically or as requested by you or for any other reason, the
original transaction fee will not be refunded.
C.
Rejected International Transactions
1. If a transaction is rejected for any reason, you will
receive a U.S. dollar refund to your c2it Account. The amount of the
refund may differ from the original transaction amount due to the
associated Return fee and possible differences in foreign currency
exchange rates. For the associated return fee, please see Section XIII.
Changes in the foreign currency exchange rate could result in your
receiving a higher or lower U.S. dollar amount than the original
transaction.
2. The original transaction fee will not be refunded to you.
D. International Check Photocopies
You may request a photocopy of a paid International Check by contacting
us through our secured Online Customer Service or by calling Customer
Service at 800-200-3881. c2it will attempt to fulfill your request but due
to varying country regulations your request may be delayed or denied. For
the associated photocopy fee, please see Section XIII.
XII. FUNDS AVAILABILITY
All transactions will flow through your c2it Account. All funds in your
c2it Account are available for use as outlined in the table below and
subject to the transaction limits specified in Section XIII.
Depending on the type of account (Linked Card Account, Linked Bank
Account, or c2it Account) used to fund the transactions you request, the
transactions will be processed in accordance with the time frames in the
table below:
| Transaction Type |
From a Linked Bank Account* |
From a Linked Card Account** |
From Your c2it Account |
| Send Cash |
4 Business Days*** |
Same day |
Same day |
| Add Cash |
4 Business Days*** |
Same day |
Not applicable |
| International Transaction |
Not applicable |
Same day |
Same day |
| Transfer Cash |
Not applicable |
Not applicable |
Same day | |
* Linked Bank Account: We
credit funds to your c2it Account on the day you make the request, but
these funds are not available for use in your c2it Account until the
Business Day after we receive them from your financial institution. This
process takes four (4) Business Days, beginning with the Business Day on
which you make the request.
** Linked Card
Account: We credit funds to your c2it Account the same day.
*** For purposes of funds availability our
Business Days are Monday through Friday, excluding federal holidays and
end at 1 p.m. CT. We consider Saturday, Sunday, and Monday as one (1)
Business Day and federal or state holidays as part of the Business Day
which follows the holiday.
Credit for a transaction from a Linked Bank Account is provisional
until we obtain final settlement. If final settlement does not occur, your
bank is not deemed to have made payment to us and we are entitled to a
refund of the provisional credit. If we give provisional credit but do not
receive final payment, you become obligated to us for the full amount
without prior notice or demand.
XIII. DOMESTIC AND INTERNATIONAL TRANSACTION
LIMITS AND FEES
A. Transaction Limits
The Transaction Limits outlined in the tables below reflect the maximum
amount a fully verified member can transact with the c2it service in the
indicated time frame. During the first 7 days after
enrollment, the combined value of all transactions cannot exceed
$1000 within 1 day, and $3000 over a four day period.
| Service |
1 day limit |
4 consecutive day limit |
| Send Cash |
$500 |
$1000 |
| Get Cash |
$1000 |
$2000 |
| Add Cash |
$2000 |
$2000 |
| International Transaction* |
$2000 |
$2000 |
| Transfer Cash from c2it Account to any Linked Account |
$1000 |
$3000 | |
* International Transaction Limits may vary for certain
countries.
| Cumulative Transaction
Limits** |
1 day limit |
4 consecutive day limit |
| All Transactions with the c2it Service |
$2000 |
$5000 | |
** Subject to the first 7 days transaction limits as
specified above.
The minimum amount of Send Cash, Transfer Cash, and Add Cash
transactions via c2it service is $1.00, exclusive of any Transaction Fees.
International Direct Deposit transactions to certain countries require a
$250 minimum, exclusive of any Transaction Fees, in order for c2it to
process the transaction.
B. Transaction Fees
You agree to pay the associated transaction fees below, when
transacting through c2it service. Please click here to view the
transaction fees.
XIV. UNAUTHORIZED ACCESS TO YOUR c2it ACCOUNT
If you think there is an error on your c2it Account, including an
incorrect Send Cash amount or an unauthorized transaction, contact us
immediately. The telephone is the fastest way to alert us that someone may
be using your c2it Account without your permission. Call c2it Customer
Service at 800-200-3881 or if you are calling from outside the United
States, you may call collect at 904-954-7222. Someone will be available to
receive your call 24 hours a day. If you cannot telephone, notify us by
sending a secured message from the Online Customer Service within
www.c2it.com. Or you may write us at the following address:
Citibank,
P.O. Box 6274,
Sioux
Falls, SD 57117.
Contact us immediately if you believe that an unauthorized person has
obtained access to your password. You may not reveal your password to
anyone else, nor may you use any other Member's password. It is important
for you to exercise care with your password. Never disclose it to anyone.
Be sure to keep your password to yourself; this is an important means of
protection for you. Don't write it on your personal computer or any
computer materials. You are liable for any losses associated with giving
anyone access to your c2it Account password and allowing them access to
your Account. You could lose all the money in your accounts.
XV. YOUR RIGHTS AND LIABILITIES FOR UNAUTHORIZED
ACCESS TO YOUR c2it ACCOUNT
Notifying us immediately of unauthorized use of your
c2it Account limits your responsibility. The following liability
provisions apply to you:
(a) If you notify us within two (2) Business Days after
discovering someone has obtained access to your c2it Account, you will
not be held responsible for any unauthorized transactions over $50,
provided that you are not trying to defraud us.
(b) If you do not
contact us within two (2) Business Days, and we can prove that we could
have stopped someone from using your c2it Account without your
permission if you had notified us, we can hold you responsible for any
unauthorized transaction if it occurred between the end of the two (2)
Business Day notice period and the time you actually notified us. In any
event, your maximum liability for such unauthorized transactions during
this period is $500.
(c) Also, if you think that a transaction shown
on your monthly statement is incorrect, or if you believe an
unauthorized transaction has taken place on your c2it Account, contact
us as soon as you can. We must be notified within sixty (60) days from
the day we send you an e-mail advising you of the availability of the
first electronic statement on which the suspected problem appeared. If
you receive your statement by mail, we must be notified within sixty
(60) days of the postal date of the first statement on which the
suspected problem appeared. By contacting us, you will not be liable for
unauthorized transactions that occurred during the sixty (60) day
period, except for transactions resulting from someone using your c2it
Account without your permission as indicated above. If you don't contact
us within this sixty (60) day time period, you could be held responsible
for all unauthorized transactions that occurred between the end of the
sixty (60) day period and the time you actually notified us if the
transaction could have been prevented had we been notified.
(d) We
will extend the time periods if you were prevented from contacting us
for a good reason (such as a long trip or hospital stay). If you call to
notify us of a suspected error, we may request that you send us your
complaint or question in writing. If we do, we must receive that
information within ten (10) Business Days of your
call.
XVI. ERRORS AND DISPUTES
RESOLUTION
1. Error and Dispute Resolution for your c2it Account:
If you think there has been an error in any transaction involving
your c2it Account, contact us as soon as possible at the contact
information provided in Section XIV.
To assist you, the c2it Customer Service Associate will need to know
the following:
° Your name, account number, and e-mail address
° The dollar amount of the suspected error
° The type, time and date of the transaction
° Why you believe there was an error
We will investigate every problem, and we will resolve each problem
as quickly as possible. As soon as you contact us, we will start our
investigation.
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, however, we need more time, we may take up to forty-five
(45) days to investigate your complaint or question. If we decide to do
this, we will provisionally re-credit your c2it 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, we ask you to put your complaint or question
in writing, and we do not receive your letter within ten (10) Business
Days, we may not provisionally credit your c2it Account during our
investigation.
If your c2it Account has been open less than thirty (30) days and you
advise us of an error in connection with a disputed transaction, we will
tell you the results of our investigation within twenty (20) Business
Days. If we need more time, we may take up to ninety (90) days to
investigate the matter. If we decide to do this, we will provisionally
re-credit your c2it Account within twenty (20) Business Days for the
amount you think is in error.
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.
2. Error and Dispute Resolution for your Linked Accounts:
If you have a question or believe an error occurred when you
requested that money be sent to or from one of your Linked Accounts and
your c2it Membership, in addition to contacting the c2it service, you
should contact the financial institution which owns your Linked Account
as soon as possible to preserve any dispute rights which you may have
with such financial institution
XVII. TRADEMARK LICENSE
c2itsm, c2it Logo, Citibank, and all other names, logos,
page headers, button icons and all related products and services are
service marks, trademarks and/or trade dress of Citicorp and may not be
used, copied, modified or imitated, in whole or in part, without the prior
written consent of Citicorp.
Notwithstanding the foregoing, registered Members of c2it may utilize
the HTML c2it Logo ("Logo"), available at www.c2it.com, solely for the
purpose of indicating to their customers and/or auction participants that
they accept payment through the c2it service. The Logo may not be altered,
modified or changed in any way, or used in connection with any other
trademarks, service marks, trade names or trade dress, or used in any
manner that is disparaging to Citicorp or the c2it service. The Logo may
not be displayed in any manner that implies any connection with,
sponsorship and/or endorsement by Citicorp, nor may it be used on or in
connection with any illegal, immoral, obscene, offensive or threatening
websites, products or services. This limited license may be revoked by
Citicorp at any time, in its sole discretion.
XVIII. TELEPHONE MONITORING AND RECORDING
From time to time we may monitor and record your telephone calls
regarding your account with us to assure the quality of our service.
XIX. RESPONSIBILITIES OF MEMBERS
1. You may not have more than three (3) c2it Accounts. If you
have more than one (1) c2it Account, each Account must have a unique
e-mail address.
2. You are responsible for providing the correct
information when you perform a transaction through the c2it service,
including the correct e-mail address for an individual to whom you
request that we Send Cash. For processing International Transactions,
you are responsible for providing the correct information including, but
not limited to, recipient bank account numbers, recipient address,
SWIFT/BIC codes, and bank routing and sort codes. CITIBANK SHALL NOT BE
RESPONSIBLE FOR PAYMENTS MADE TO UNINTENDED RECIPIENTS DUE TO THE INPUT
OF INCORRECT INFORMATION BY SENDER, NOR SHALL WE BE RESPONSIBLE FOR
VERIFICATION OF THE IDENTITY OF RECIPIENTS.
3. Citibank is not responsible for determining whether
the amount of money being sent is correct for any underlying transaction
or is actually owed to the recipient. Any disputes that arise between a
c2it Member or a recipient relating to payments made or any other
aspects of transactions between individuals are not the responsibility
of Citibank.
4. Citibank makes no guarantees regarding purchases paid for
via c2it. You acknowledge that Citibank does not ensure the quality,
safety or legality of the merchandise received, nor that the seller will
even ship the merchandise. You agree to hold Citibank harmless for any
loss or expense it incurs as a result of such purchases or disputes.
5. You consent to have your name, e-mail address and
transaction amount made available as identification to anyone to whom
you have sent money or who has sent you money through c2it.
6. You may not send or receive funds to or from yourself or
any other c2it/AOL QuickCash members for the purpose of earning mileage,
points or any other bonus on any of your or other c2it/AOL QuickCash
member's linked Card Accounts or Bank Accounts.
XX. RIGHTS/RESPONSIBILITIES OF CITIBANK
1. Citibank reserves the right to check your credit history at
enrollment (including for the purpose of determining whether we will
offer you additional Citibank products and services), verify any of the
information you provide, and obtain follow-up credit reports on you.
2. Citibank shall have the right to terminate your c2it
Account, reject, reverse or cancel any transactions you initiate, and/or
restrict or condition your ability to transact at any time and for any
reason, including but not limited to (a) providing us with inaccurate or
falsified information about you or your Linked Accounts; (b)
insufficient funds in the source account (c) excessive use of c2it; (d)
using someone else's c2it Membership; (e) disclosing your password to
anyone; (f) using c2it (directly or indirectly) for any unlawful
purpose; (g) suspicious activity; (h) tampering, hacking, modifying or
otherwise corrupting the security or functionality of c2it, and (i)
sending or receiving funds to or from yourself or any other c2it/AOL
QuickCash members for the purpose of earning mileage, points or any
other bonus on any of your or other c2it/AOL QuickCash member's linked
Card Accounts or Bank Accounts.
3. Without notice to you, we may process a transaction even if
it exceeds your available balance.
4. If your Account ever reflects an amount owed to Citibank,
you agree to pay Citibank such amount immediately upon Citibank's
demand. You also agree to pay for all costs associated with our
collection of amounts owed to Citibank, including reasonable attorney's
fees and court costs.
5. Citibank reserves the right to amend the terms of this c2it
Agreement at any time, with or without prior notice to you. We can
change this c2it Agreement, including all fees, at any time. We can also
add or delete provisions relating to your c2it Account and to the
nature, extent, and enforcement of the rights and obligations you or we
may have relating to this Agreement. These changes are binding on you.
In addition, we will revise this Agreement from time to time to reflect
these changes. Copies of the current Agreement will be available through
www.c2it.com or by contacting Customer Service. We suggest that you keep
any notification of changes to this Agreement along with the rest of
your Citibank account information. Unless otherwise required by law, we
may amend this Agreement without providing prior notice to you. If we
choose to notify you of the changes to this Agreement, we may mail or
deliver a notice, a statement message, or an electronic message to you
at the last address we have on file for you.
6. We reserve the right to assign any or all of our rights and
obligations under this Agreement to a third party. You may not assign
your c2it Account to a third party.
7. Citibank shall not be liable for damages of any kind
arising out of or in connection with the c2it service or the c2it web
site.
8. We reserve the right to require seven (7) days advance
notice before permitting a withdrawal from your c2it Account. We are
required by law to reserve this right, but we do not presently exercise
this right.
9. We will be responsible for your actual losses if they were
directly caused by our failure to:
° Complete a transaction as you requested.
° Complete a transaction for the amount you requested.
We will not, however, be responsible for your losses if:
° Through no fault of ours, you did not have enough money in
your account to conduct the transaction.
° You knew the Citibank ATM, non-Citibank ATM, or POS
terminal was out of order and you used it anyway.
° You were trying to defraud us.
° Circumstances beyond our control, or a natural disaster,
such as a flood or fire, prevented the transaction from taking effect.
XXI. RESOLUTION OF DISPUTES BY ARBITRATION
PLEASE READ THIS SECTION OF THE TERMS AND CONDITIONS CAREFULLY.
IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR
DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT
TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE
IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS
RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION
PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
THE DECISION OF THE ARBITRATOR IS FINAL AND BINDING.
1. Agreement to Arbitrate Disputes. You agree
that either you or we may elect to require that any dispute between us,
including any dispute concerning your c2it Account, c2it Membership,
application for membership in the c2it service, or these c2it Terms and
Conditions be resolved by binding arbitration. These provisions will
not, however, apply to those disputes specifically excluded below.
2. Disputes Covered by Arbitration. Any claim
relating to or arising out of your c2it Account, c2it Membership,
application for membership in the c2it service or these c2it Terms and
Conditions, will be subject to arbitration. Disputes include not only
claims made directly by you, but also made by anyone connected with you
or claiming through you, such as a joint account holder, account
beneficiary, or a representative or agent. Disputes include not only
claims that relate directly to Citibank, but also its parent,
affiliates, successors, assignees, employees, and agents, and claims for
which we may be directly or indirectly liable, even if we are not
properly named at the time the claim is made. Disputes include claims
based on any theory of law, contract, statute, regulation, tort
(including fraud or any intentional tort), or any other legal or
equitable ground, and include claims asserted as counterclaims,
cross-claims, third-party claims, interpleaders or otherwise. Disputes
include claims made as part of a class action or other representative
action, it being expressly understood and agreed to that the arbitration
of such claims must proceed on an individual (non-class,
non-representative) basis. Disputes also include claims relating to the
enforceability or interpretation of any of these arbitration provisions.
3. Disputes Excluded from Arbitration.
Disputes filed by you or by us individually in a small claims court are
not subject to arbitration, so long as the disputes remain in such court
and advances only an individual claim for relief. In addition, disputes
involving claims that you have infringed or have threatened to infringe
our intellectual property rights are not subject to arbitration.
4. Commencing an Arbitration. The arbitration
must be filed with one of the following neutral arbitration forums:
American Arbitration Association; National Arbitration Forum; or JAMS.
If you initiate the arbitration, you must notify us in writing at
Citibank, c2it service/Office of the General Counsel, One Court Square,
38th Floor, Long Island City, NY 11120. If we initiate the arbitration,
we will notify you at the last known physical or e-mail address on file
with us in your c2it Membership. You may obtain a copy of the
arbitration rules for these forums, as well as additional information
about initiating an arbitration by contacting these arbitration forums
at the following addresses:
American Arbitration Association:
335 Madison Avenue -
10th Floor
New York, NY 10017-4605
www.adr.org
National Arbitration Forum:
P.O. Box 50191
Minneapolis, MN
55405
www.arbitration-forum.com
JAMS:
1920 Main Street Suite 300
Irvine, CA
92610
www.jamsadr.com
The arbitration shall be conducted in the same city as the U.S.
District Court closest to your home address, unless the parties agree to
a different location.
5. Administration of Arbitration. The
arbitration shall be decided by a single arbitrator, unless either party
to the arbitration requests a panel of three arbitrators in which case
the arbitration shall be conducted by a panel of three arbitrators (said
arbitrator or arbitrators hereinafter referred to as "the arbitrator").
The arbitrator shall decide the dispute in accordance with applicable
substantive law consistent with the Federal Arbitration Act. The
arbitrator shall be empowered to award any damages or other relief
provided for under applicable law and will not have the power to award
relief to, or against, any person who is not a party to the arbitration.
The decision rendered by the arbitrator shall be in writing; however,
the arbitrator need not provide a statement of his reasons unless one is
requested by you or us. The award of the arbitrator shall be final and
binding, subject to judicial intervention or review only to the extent
allowed under the Federal Arbitration Act. The award of the arbitrator
can be entered as a judgment in any court having jurisdiction.
6. Costs. The party initiating the
arbitration shall pay the initial filing fee. If you file the
arbitration and an award is rendered in your favor, we will reimburse
you for your filing fee. If there is a hearing, we will pay the fees and
costs for the first day of that hearing. If either you or we request a
panel of three arbitrators, the party making the request shall pay the
fees of those additional arbitrators unless the arbitrator rules
otherwise. All other fees and costs will be allocated in accordance with
the rules of the arbitration forum. However, we will advance or
reimburse filing and other fees if the arbitrator rules that you cannot
afford to pay them or finds other good cause for requiring us to do so.
Each party shall bear the expense of their respective attorneys,
experts, and witnesses and other expenses, regardless of who prevails,
except to the extent the arbitrator assess costs of the arbitration to
either you or us.
7. No Class Action or Joinder of Parties. You
and we agree that no class action, private attorney general or other
representative claims may be pursued in arbitration, nor may such action
be pursued in court if either you or we elect arbitration. Unless
mutually agreed to by you and us, claims of two or more persons may not
be joined, consolidated, or otherwise brought together in the same
arbitration (unless those persons are joint account holders or
beneficiaries on your account and/or related accounts, or parties to a
single transaction or related transaction); this is so whether or not
the claim may have been assigned.
8. Right to Resort to Provisional Remedies
Preserved. Nothing herein shall be deemed to limit or
constrain our right to resort to self-help remedies, such as the right
of set-off or the right to restrain funds in an account, to interplead
funds in the event of a dispute, or to comply with legal process, or to
obtain provisional remedies such as injunctive relief, attachment, or
garnishment by a court having appropriate jurisdiction.
9. Governing Law. You and we agree that our
relationship includes transactions involving interstate commerce and
that these arbitration provisions are governed by, and enforceable
under, the Federal Arbitration Act. To the extent state law is
applicable, the laws of the state governing your account relationship
apply.
10. Severability, Survival. These arbitration
provisions shall survive (i) termination or changes to the c2it Terms
and Conditions, your c2it Account or any related services we provide;
(ii) the bankruptcy of any party; and (iii) the transfer or assignment
of your c2it Account. If one or more of these arbitration provisions are
deemed invalid or unenforceable, the remaining portions shall
nevertheless remain valid and enforceable.
XXII. SPECIAL CIRCUMSTANCES
1. Restricted Access
There are circumstances when we are required by law to restrict
access to your c2it Account. When we receive an order instructing us to
restrict access to funds in your c2it Account, we may ensure compliance
by removing the funds from your c2it Account and maintaining them
separately.
2. Forfeited Accounts
If your c2it Account is seized by or forfeited to the United States
government or a state government, you no longer have title to your c2it
Account.
3. Overdue Debts and Judgments
Under certain circumstances, the law allows us to use the money from
any Citibank account in your name or that you jointly own with another
person to pay any amount you owe to us. This is called the "Right of
Setoff." We are not required to give you advance notice of our intent to
take such action; if we do take such action, we will notify you
afterwards.
4. Dormant Accounts
Under abandoned property statutes, we must turn over funds in your
c2it Account if you have not done at least one of the following during a
specified period of time:
° Send Cash, Get Cash, Transfer Cash, Request Cash, Add Cash
or International Transactions
° Signed our active c2it Account confirmation form
° Written to us concerning your c2it Account
5. Accounts of Deceased Persons
Upon notification of the death of the c2it Member, certain documents
must be presented to us before funds in the c2it Account can be paid out
and the c2it Account closed. These documents may include:
° Certified Copy of Death Certificate
° Letters Testamentary or Letters of Administration
° Decree from Probate Court
° Documents Evidencing that Estate Taxes are paid or not
owed
XXIII. LEGAL PROCESS
We may comply with any writ of attachment, adverse claim, execution,
garnishment, tax, levy, restraining order, subpoena, warrant or other
legal process which we believe (correctly or otherwise) to be valid. A fee
for processing will be assessed. Note: If we are not fully reimbursed by
the party which served the process for our record research, photocopying
and handling costs, we may charge such costs to your c2it Account, in
addition to the minimum legal process fee.
You agree to indemnify, defend, and hold us harmless from all actions,
claims, liabilities, losses, costs and damages (including reasonable
attorney's fees) associated with our compliance with any process that we
may believe to be valid.
We will not pay interest on any funds we hold or set aside in response
to legal process. You agree that we may honor legal process which is
served by mail or facsimile transmission, or at any of our offices.
XXIV. GOVERNING LAW
The terms and enforcement of this c2it Terms and Conditions shall be
governed by Federal laws and regulations. To the extent that such laws do
not apply, your c2it Terms and Conditions shall be governed by the laws of
one of the following states: (1) if you listed the state of California,
Connecticut, Florida or New Jersey as your address in the Membership
Information section at the time of enrollment, your c2it Terms and
Conditions shall be governed by the laws of that state; or (2) if you
listed Maryland, Virginia, or Washington, D.C. in the Membership
Information section at the time of enrollment, your c2it Terms and
Conditions shall be governed by the laws of Maryland; or (3) if you listed
any other state in the Membership Information section at the time of
enrollment, your c2it Terms and Conditions shall be governed by the laws
of Illinois.
XXV. MISCELLANEOUS
1. Citibank will not be liable for any loss resulting from a
cause outside of its direct control, including but not limited to
failure of electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses, "hacking",
theft, operator errors, unauthorized access, or environmental
conditions.
2. CITIBANK WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING
DIRECTLY OR INDIRECTLY OUT OF THE USE OF c2it, EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, TO THE EXTENT
PERMITTED BY LAW.
XXVI. CITIGROUP TERMS OF USE
The Citigroup Terms of Use, which can be accessed from the footer on
the c2it website, are incorporated into these Terms and Conditions. By
agreeing to these Terms and Conditions you are also agreeing to the
Citigroup Terms of Use.
© 2002 Citibank, FSB. Member
FDIC