This Online and Mobile Banking Services Agreement (this “Agreement”) is between you and Calder Bank & Trust, N.A. (the “Bank”, “we”, “us” or “our”) and governs your use of Calder Total Access and the services described below. By enrolling in, accessing or using any Service, or by permitting any other person to do so, you accept this Agreement and you agree that it applies to every Account you access through a Service, including Accounts opened after the date you enrolled.
In this Agreement the following terms have the meanings given to them here, and a defined term used in the plural or in a different grammatical form has the corresponding meaning.
“Access Device” means any card, code, personal identification number, password, one-time passcode, biometric identifier, registered device, security token, or other means of access to an Account through which an Electronic Fund Transfer may be initiated.
“Account” means any deposit, loan or other account you hold at the Bank that is accessible through a Service.
“Agreement” means this document together with the Deposit Account Agreement, the Schedule of Fees and Service Charges, the E-SIGN consent you gave at enrollment, every disclosure delivered to you under Regulation E and Regulation DD, and every amendment to any of them, all of which are incorporated here by reference.
“Bill Payment Service” means the service through which you direct the Bank or its Service Provider to make payments to a Payee from a designated Account.
“Business Day” means Monday through Friday, excluding federal holidays, and a Business Day ends at the applicable cutoff hour stated in this Agreement or in the funds availability policy, whichever is earlier for the transaction in question.
“Calder Send” means the person-to-person payment service made available through the Services, by which you may send funds to a Recipient identified by mobile telephone number or electronic mail address.
“Company Administrator” means the individual a commercial customer designates to establish, modify and revoke the entitlements of its Users. The Bank acts on the instruction of a Company Administrator without further enquiry.
“Electronic Fund Transfer” has the meaning given in Regulation E where the Account is held by a consumer, and otherwise means any transfer of funds initiated through a Service.
“Payee” means the person or entity you designate to receive a payment through the Bill Payment Service.
“Password” means the confidential code you select, or that is assigned to you, and that you use with your User Identification to access a Service.
“Recipient” means the person to whom you send funds through Calder Send.
“Security Procedure” means the procedures described in Section 6 by which the Bank verifies that a payment order or other instruction is authorized. A Security Procedure is a procedure for verifying authenticity. It is not a procedure for detecting an error in the content of an instruction, and it is not represented as one.
“Service” and “Services” mean Calder Total Access online banking, the Calder Total Access mobile application, mobile deposit, the Bill Payment Service, Calder Send, external transfers, account alerts, electronic delivery, and any other service the Bank makes available through them, whether or not you use it.
“Service Provider” means any third party the Bank engages to provide or support a Service, and includes that party's own subcontractors.
“User” means any person you authorize to access an Account through a Service, whether or not that person is an owner of the Account.
“you” and “your” mean each person who enrolls in a Service, each owner of an Account accessed through a Service, and each User.
To enroll you must have at least one Account in good standing, be at least 18 years of age or the age of majority in your state of residence, have a valid electronic mail address, and consent to electronic delivery under Section 3. The Bank may decline an enrollment, may limit the Accounts or the functions available to you, and may terminate your access, in each case in its sole discretion and without prior notice. A joint owner who enrolls obtains access to the joint Account and to every transaction on it, including transactions initiated by another owner, and you should not enroll a joint Account if you do not intend that result.
Your consent to electronic delivery of disclosures, notices and statements is a condition of using the Services and is given under the Consent to Electronic Delivery of Disclosures. If you withdraw that consent, your access to the Services will terminate, although your Accounts remain open and will be serviced on paper.
The Services are generally available 24 hours a day, seven days a week, except during maintenance windows and except where a Service Provider's systems are unavailable. Scheduled maintenance is ordinarily performed between 1:00 a.m. and 5:00 a.m. Eastern on the third Sunday of each month. Availability of the Services is not a Business Day question: an instruction you enter at 11:00 p.m. on a Saturday is accepted by the system, but it is processed on the next Business Day and the cutoff hours in Section 5 govern when it is treated as received.
Instructions received after the following hours are treated as received on the next Business Day.
| Instruction | Cutoff (Eastern) |
|---|---|
| Transfer between your own Accounts at the Bank | 9:00 p.m., posted same day |
| External transfer to another institution | 4:00 p.m. |
| Bill payment, electronic | 3:00 p.m. |
| Bill payment, check | 1:00 p.m. |
| Mobile deposit | 8:00 p.m. |
| Calder Send | 6:30 p.m. |
| Stop payment order entered online | 5:30 p.m., processed by the Hixson operations centre |
| Wire transfer request, Treasury Gateway | 3:30 p.m. domestic, 1:00 p.m. international |
The Security Procedure for consumer access consists of your User Identification, your Password, device recognition, and a one-time passcode or push approval delivered through the multifactor authentication service the Bank has selected. The Security Procedure for commercial access through Treasury Gateway consists of the Company Identification, the User Identification, the Password, multifactor authentication, entitlement limits established by your Company Administrator, and, for payment origination, dual control under which a payment created by one User must be approved by a second User with approval entitlement.
You agree that the Security Procedure is a commercially reasonable method of verifying the authenticity of instructions, taking into account the size, type and frequency of the instructions you ordinarily give and the alternative procedures the Bank has offered you. If you refuse a Security Procedure the Bank has offered and elect a different one, and the Bank agrees to it, you will be bound by any instruction the Bank accepts in compliance with the procedure you chose, whether or not it was in fact authorized.
You must keep your Password and every other Access Device confidential; you must not record a Password in any form that can be associated with an Account; you must not permit any person to use your credentials, and if you do, every instruction that person gives is authorized by you for all purposes of this Agreement and of Article 4A of the Uniform Commercial Code; you must notify the Bank immediately if you suspect a credential has been compromised; you must maintain current anti-malware protection on every device you use; and you must reconcile your Accounts promptly, which for a commercial customer means daily.
The Bank will never ask you for your Password, for a one-time passcode, or to approve a push notification you did not initiate. No employee of the Bank, and no person acting for a Service Provider, has any reason to ask, and any person who does ask is not acting for the Bank. Report it at once on 1-800-555-0177.
Mobile deposit is offered at the Bank's discretion, is subject to eligibility criteria the Bank does not publish and may change, and may be withdrawn from an Account at any time. Items that may not be deposited by mobile deposit include an item payable to any person other than you; an item that is not endorsed with your signature and the words “For mobile deposit only at Calder Bank & Trust”; an item drawn on your own Account; an item previously deposited or presented, whether or not returned; a substitute check or an image replacement document; a remotely created check; a traveler's check; a savings bond; an item drawn on a financial institution located outside the United States; an item dated more than six months before the deposit; and an item that is incomplete, altered or bears evidence of alteration. You must retain the original item for at least 14 calendar days after the deposit has posted and the funds have been made available, must make it available to the Bank on request during that period, and must then destroy it in a manner that prevents further presentment.
You authorize the Bank and its Service Provider to debit the Account you designate and to remit funds to a Payee on your behalf. A payment is sent either electronically or by check drawn on the Bank or on the Service Provider, and the method is chosen by the Service Provider and not by you. You must schedule a payment far enough in advance that the Payee receives and credits it before the due date; the Bank recommends five Business Days for a check payment and three for an electronic one, and it does not guarantee delivery on any particular date. The Bank is not responsible for a late charge, a finance charge, a penalty, or damage to your credit standing arising from a payment you scheduled too late, from an incorrect Payee address or account number you supplied, or from a Payee's own delay in posting a payment it received on time.
The Bank will reimburse a late charge assessed by a Payee, up to $50.00 per occurrence, where the payment was scheduled with sufficient lead time under the preceding paragraph, sufficient funds were available in the designated Account throughout, and the failure was the Bank's or its Service Provider's. This is the whole of the Bank's liability for a late payment.
Calder Send moves funds to a Recipient you identify by mobile telephone number or electronic mail address. A payment sent through Calder Send is generally final and cannot be reversed once the Recipient has accepted it. You are responsible for entering the Recipient's contact information correctly, and the Bank has no obligation to recover funds sent to a person you identified in error. Calder Send is intended for payments to people you know and trust. It is not a purchase protection service, it carries no chargeback right, and a request to be paid through it by a person you have not met, or in connection with a purchase from a person you have not met, is very frequently a fraud. The limits in Section 2 of the Electronic Fund Transfers Disclosure apply.
Alerts are sent to the electronic mail address or mobile number you register and are not encrypted. Delivery is not guaranteed and may be delayed or prevented by your carrier, your device, or the alert service. An alert is a convenience, it is not a substitute for reviewing your statement, and the 60 day period in Section 12 runs from the transmittal of the statement whether or not any alert reached you.
There is no monthly charge for Calder Total Access on a consumer Account. Charges for individual transactions are set out in the Schedule of Fees and Service Charges, which may be amended on 30 days' notice. Charges for commercial services are set out in your treasury pricing schedule. Your telecommunications carrier may charge you for data and messaging, and the Bank does not receive any part of those charges.
The following notice applies to Electronic Fund Transfers on an Account held by a consumer for personal, family or household purposes. It does not apply to a commercial Account.
Telephone us at (423) 555-0164, send a secure message through Calder Total Access, or write to us at:
Calder Bank & Trust, N.A.Contact us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number. (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. (3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten Business Days. We will determine whether an error occurred within ten Business Days after we hear from you and will correct any error promptly. If we need more time, we may take up to 45 days to investigate, and if we do we will credit your Account within ten Business Days for the amount you think is in error so that you will have use of the money while we complete the investigation. If we ask you to put your complaint in writing and do not receive it within ten Business Days, we may not credit your Account. For errors involving new accounts, point of sale transfers or foreign initiated transfers, we may take up to 90 days to investigate, and for a new account we may take up to 20 Business Days to credit your Account. We will tell you the results within three Business Days after completing our investigation, and if we decide there was no error we will send you a written explanation. You may ask for copies of the documents we used in our investigation.
Tell us at once if you believe an Access Device has been lost or stolen or that an unauthorized transfer has been made. If you tell us within two Business Days after you learn of the loss or theft you can lose no more than $50.00. If you do not tell us within two Business Days after you learn of the loss or theft, and we can prove we could have stopped the unauthorized use had you told us, you could lose as much as $500.00. If your statement shows transfers you did not make and you do not tell us within 60 days after the statement was transmitted 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. If a good reason such as a long trip or a hospital stay kept you from telling us, we will extend the time periods for a reasonable period.
Regulation E does not apply to an account held for business purposes. A payment order the bank accepts in compliance with the security procedure described in section 6 is effective as your order, and you are obligated to pay it, whether or not it was in fact authorized. Your remedy for an unauthorized payment order is the one article 4A of the uniform commercial code gives you, and it is materially narrower than the consumer rules stated above. Dual control and entitlement limits exist to protect you and are the principal control available to you. A commercial customer that disables dual control by written waiver assumes the loss that dual control would have prevented.
You must examine each account statement and each payment activity report and notify the bank of any unauthorized or erroneous payment order within 14 calendar days after the statement or report is made available to you. Failure to do so precludes a claim against the bank for that order and for any subsequent unauthorized order by the same person or by the same method.
The Bank will be liable for its own failure to complete a transfer on time or in the correct amount only to the extent stated in the Electronic Fund Transfers Disclosure for consumer Accounts, and only for direct damages proximately caused by its own gross negligence or wilful misconduct for commercial Accounts. In no event is the Bank or any Service Provider liable for consequential, incidental, indirect, special, exemplary or punitive damages, including lost profits, lost business or loss of goodwill, whether or not the possibility of those damages was disclosed to it or could have been reasonably foreseen. Some jurisdictions do not permit the exclusion of certain damages, and to that extent the exclusion does not apply to you.
You may terminate this Agreement by writing to us at the address in Section 12 or by calling (423) 555-0164. Termination does not affect an instruction the Bank has already accepted, and you remain responsible for every payment scheduled before termination unless you separately cancel it. The Bank may terminate or suspend your access at any time, with or without cause and without prior notice, including where an Account is overdrawn, where the Bank suspects unauthorized or unlawful use, where a Service Provider requires it, or where you have not accessed the Services for 12 consecutive months.
The Bank may amend this Agreement at any time. We will give you notice of an amendment that increases your costs or liability, or that limits your access to the Services, at least 30 days before it takes effect, unless an immediate change is necessary to maintain or restore the security of a Service or an Account, in which case we may make the change without prior notice and will notify you afterward where we are permitted to do so. Your continued use of a Service after the effective date of an amendment is your acceptance of it. The current version of this Agreement is always the one published at this address, and the version dated 02/26/2026 supersedes the version dated 08/09/2023 in its entirety.
This Agreement is governed by federal law and, to the extent not preempted, by the laws of the State of Tennessee, without regard to its conflict of laws rules. Article 4A of the Uniform Commercial Code as adopted in Tennessee governs a payment order to the extent it applies, subject to the variations permitted by that Article that are agreed here.
Please read this section carefully. It affects your rights and it limits the ways in which a dispute between you and the bank may be resolved.
Except as stated below, any claim or dispute arising out of or relating to this agreement or to a service, whether based in contract, tort, statute or otherwise, will be resolved by binding individual arbitration administered by a nationally recognized arbitration administrator under its consumer rules then in effect, and not in court. The arbitrator's award is final and binding and judgment on it may be entered in any court of competent jurisdiction. You and the bank each waive the right to a trial by jury and the right to participate in a class action, a class arbitration, or any other representative proceeding.
This section does not apply to a claim brought in a small claims court within the jurisdictional limits of that court, and it does not prevent either party from seeking injunctive relief in aid of arbitration or to protect intellectual property. It does not apply to a residential mortgage loan secured by a dwelling, which federal law excludes.
You may reject this arbitration section by sending written notice, signed, stating your name, address and account number and stating that you reject arbitration, to Calder Bank & Trust, N.A., Attention: Legal Department, 401 Market Street, Chattanooga, TN 37402, so that we receive it within 30 days after you first enroll in a service. Rejection is effective only if it is in writing, only if it is received within that period, and only for the person who signs it. Rejecting arbitration will not affect any other part of this agreement and will not affect your accounts, your pricing or your relationship with the bank in any way.
You may not assign this Agreement. The Bank may assign it, or delegate any of its duties under it, to any present or future affiliate, to any Service Provider, or to a successor in a merger or an acquisition of assets, in each case without your consent and without notice to you.
If any provision of this Agreement is held unenforceable, the rest remains in effect and the unenforceable provision is modified to the minimum extent necessary to make it enforceable. The Bank's failure to enforce a provision on any occasion is not a waiver of that provision or of any other, and a waiver on one occasion is not a waiver on any other.
The Bank's records of an instruction are conclusive absent manifest error. Telephone calls with the Bank may be monitored and recorded for quality and security purposes, and your use of a Service is your consent to that recording. Access to the Services is logged, and unauthorized access to a financial institution's computer systems is a federal offence which the Bank refers for prosecution.
If you give your credentials to a third party service, including an account aggregator, a personal financial management application or a payment provider, you authorize that party to access your Accounts as your agent and you are responsible for its activity as if it were your own. The Bank does not control those services, does not warrant their security, and does not indemnify you against their failures. Where the Bank offers a token-based connection through its developer interface, you should use it in preference to sharing a credential; a credential you have given away cannot be recalled by changing it later on any device that has already stored a session.
Notices the Bank sends you may be sent to the electronic mail address or the postal address on record for you, and a notice sent to the address on record is effective when sent whether or not you receive it. It is your responsibility to keep that address current. Notices you send the Bank must be in writing and are effective when actually received by the department to which they are addressed at 401 Market Street, Chattanooga, TN 37402.
This Agreement, together with the documents incorporated by reference in Section 1, is the entire agreement between you and the Bank about the Services, and it supersedes every prior or contemporaneous understanding, whether oral or written. No employee has authority to vary it orally.
Calder Bank & Trust, N.A.
401 Market Street, Chattanooga, Tennessee 37402
Electronic Banking Services (423) 555-0164
Treasury client support (423) 555-0125
Lost or stolen card, 24 hours 1-800-555-0177
General enquiries (423) 555-0142
Version note. The version dated 02/26/2026 amended Section 9 to add the finality language for Calder Send after a series of losses in which customers sent funds to people they had met online, amended Section 5 to move the electronic bill payment cutoff from 4:00 p.m. to 3:00 p.m., and renumbered the sections that follow. Section numbering in the 08/09/2023 version does not correspond. If you are working from a printed copy of the earlier version, check the section title and not the number.
A printable copy of this Agreement is furnished on request at no charge under the E-SIGN consent. Call (423) 555-0164 or write to the address in Section 26. Allow ten Business Days for delivery by post.
E-SIGN consent · Electronic Fund Transfers Disclosure · Schedule of Fees and Service Charges · Privacy Notice. Calder Bank & Trust, N.A. Member FDIC. Equal Housing Lender.