Internet Banking
Services Agreement, Fees and Electronic Funds Transfer
Disclosure
Print & Retain a Copy
This agreement (the "Agreement") is between Depositor
("I", "me", "my", and "mine") and First
National Bank of Lake Jackson ("Bank", “us”, “we”, and “our”) for the
delivery of the Internet Banking Services as described below.
Section 1.
Definitions
Accounts: Any Account as included on the Internet Banking
Application and approved by the Bank in writing.
User: Any Individual that is authorized to access and
use the Internet Banking Services according to the rules and procedures
described herein.
Business Day: The day during which the main office of Bank is
open for business, in accordance with specified cut-off times, and during which
Bank is able to download my information and process transactions.
Current Balance: The Account balance that is the result of the
total debit and credit activity as of a specific date and time for all
Accounts.
Collected Balance: The Current Balance of the Account, less float.
Available Balance: The current balance of the Account minus holds,
and memo posted debits plus memo posted credits.
Float: Dollar amount of deposited items that are in
the process of collections from the drawee banks. Also known as uncollected
funds.
Hold: A restriction on payment of all or any part of
the balance in an account.
Memo Posted Debits: Any debits posted to the account for the
business day. For example ACH debit transactions, wire transfers, and teller
cashed checks.
Memo Posted Credits: Any credits posted to the account for the
business day. For example, ACH credit transactions and wire transfers.
Confirmation Number: The number provided to User indicating that the
requested transaction has been entered into the system.
Section 2. Internet
Banking Services
As a member of the Internet Banking Services, User and I may
request any of the services listed below. I understand that I must have an
account, User ID and password with First National Bank in order to receive
Internet Banking Services. If an
account is owned by more than one person or is accessible by one or more
authorized representatives, each such owner or authorized representative may
individually enroll in the Services.
Each User needs their own User ID and unique password. The terms of this agreement will apply to
each User. Any User may terminate
his/her enrollment without affecting the Services of any other person using
that account. In addition, any account
owner may also terminate the Services of all Users tied to that account.
a. Perform Account
inquires on
Account data and transaction history on the Accounts.
b. Send and receive
E-mail messages (to and
from the Bank). Messages to the Bank will automatically be routed to a Bank
e-mail box. Bank is not responsible for any delay in messages being retrieved.
Urgent messages should be verified by a telephone call to Bank. User and I are
responsible to periodically check for messages sent by the Bank. I agree to not
send critical data (that is account numbers, Social Security numbers, or other
sensitive data) via e-mail messages.
c. Initiate transfers
between any accounts
set up within Internet Banking with the exception of time accounts. Refer to Internet Banking System Setup/Transfer
Limits for other transfer limits. I am limited to six pre-authorized
automatic transfer or withdrawals per month out of passbook and money market
savings accounts. Three of the six transfers for Money Market and Savings
accounts can be made by check, draft, or debit card. Transfers made via
Internet Banking are included as preauthorized or automatic transfers subject
to these limitations. Any transfers in excess of these limits must be done in
person at the Bank or be subject to account closure. I am not permitted to
transfer more than the available balance from deposit accounts.
d. Download
transaction history file.
e. Automated Bill
Payment for
checking account holders only, may be setup as provided for in this agreement.
Accounts that require two or more signatures or authorizations to withdraw or
transfer funds may NOT be used as a bill payment account. Up to two accounts may be setup to make
payments. We do not have any duty to
monitor the payments that are made through the bill pay service. If I am a business and an authorized
representative of mine uses my account to pay bills which are not mine, I
assume the entire risk of loss and indemnify and hold us, our directors,
officers, employees and agents harmless from all loss, liability, claims,
demands, judgments and expenses arising out of or in any way connected with
such use. I am responsible to
schedule the bill payment up to 2 business days for electronic payment and up
to 5 business days for paper payment prior to the date that I need the funds to
be credited with my targeted Merchant and/or Account. Subject to the terms
and conditions of this Agreement, I authorize the Bank, and any third party
acting on Bank’s behalf, to choose the most effective method to process my
payment and/or transfer, including, without limitation, electronic, paper or
some other draft means. For each
properly instructed payment to an eligible Merchant and/or transfer to a
targeted Account, I will receive a transaction confirmation number. The Payment Date indicated by me must always
be a Business Day as defined above. If
it is not, the Payment Date will be deemed to be the first Business Day after
the date indicated.
Section 3. Internet
Banking System Setup/Transfer Limits
Bank agrees to set up my account information on Internet Banking
as described in the Internet Banking Services Application.
Bank assumes no liability for changes or modifications to the
account setup after initial installation of the Internet Banking Services.
I understand that Account Transfers received after Bank transfer
cutoff time (1p.m. Central Standard Time) may not be processed until the
following business day. If Bank does not make a transfer on time, or in the
correct amount according to my instructions given in accordance with this
Agreement, Bank will be liable for damages caused. However, there are some
exceptions. Bank will not be liable, for instance, if: (1) through no fault of
Bank, my account does not contain sufficient funds to make the transfer, (2)
the payment or transfer would go over the credit limit on my overdraft line of
credit, (3) the equipment, phone lines, or computer systems were not working
properly or were temporarily unavailable, (4) circumstances beyond Bank's scope
of control, such as fire or flood, prevented the payment or transfer, despite
reasonable precautions that Bank has taken, (5) a court order or legal process
prevents Bank from making a transfer or payment, (6) I have previously
reported, or Bank has a reasonable basis for believing that unauthorized use of
ID code and password, or designated account have occurred or may be occurring,
(7) if I default under any agreement with Bank, or (8) if Bank or I terminate
this Agreement.
Except for those transfers that are completed immediately, I may
cancel or modify a payment and/or transfer up to 1 p.m. Central Standard Time;
the same Business Day User has scheduled for payment and/or transfer.
Payment of taxes or court directed payment via the services is
prohibited.
Bank reserves the right to refuse to make any payment and/or
transfer.
I understand that Account Transfers to a loan account will be
considered a scheduled payment and will affect the payment schedule of the loan
account unless I designate the appropriate type of payment with the transfer. I
can make unscheduled principal or interest payments by designating the
appropriate type of payment with the transfer.
A confirmation number will be given at the time I process a
transfer using the Internet Banking System. It is my responsibility to record
this number, along with scheduled date and transaction amount in my checkbook
register (or other permanent record), because this will help in resolving any
problems that may occur.
I authorize the Bank to set up accounts listed on the Internet
Banking Services Application on Internet Banking Services. I must notify Bank
in writing if I wish Bank to set up additional accounts. I realize that
additional accounts set up on Internet Banking may alter the monthly
maintenance fee as described in the Fee Schedule below. I agree to pay all
services fees as modified under the Fee Schedule
Section 4.
Acknowledgements, Responsibilities, and Liabilities of Depositor/User
Hardware/Software
Requirements
User and I are responsible for obtaining, maintaining, and
updating the necessary hardware and related equipment needed to utilize the
Internet Banking Services. As of the date of this Agreement, the necessary
equipment includes: Personal Computer with Internet access and web browser. To
ensure my ability to view various features of Bank's web site, I understand it
is my responsibility to update my web browser periodically so that the entire
web site may be viewed.
Bank reserves the right to eliminate or change any of the function
capabilities at any time without prior notice.
Unauthorized Use of
Web Site/On-Line Help
I have no right, title, or interest to the Internet Banking System
or copies of it.
I will not make, or permit anyone else to make copies of the
Internet Banking System and User's Manual. I agree to notify Bank promptly and
in writing of any circumstances of which I have knowledge relating to any
possession, use, or use of any portion of the Internet Banking Services and the
User's Manual by an unauthorized person.
Set-Up and Password
Security
Bank is not responsible for my actions or negligence in setting up
my security access to Internet Banking Services and assigning User IDs to such
appropriate users. User and I will not make any passwords or ID codes available
to any non-authorized persons. Bank is entitled to act on instructions received
under my password. For security
purposes, it is recommended that I memorize the password and do not write it
down. User and I will not disclose any
information pertaining to its use or the components of the Internet Banking
Services.
Bank and I agree that the password and ID code security procedures
provided under the Internet Banking Services are reasonable and the parties
further agree that transactions conducted under the password and ID code shall
be deemed to be authentic payment orders binding on me.
Liability &
Unauthorized Use
Unless I receive a confirmation number, Bank shall not be liable
for any failure to make a payment and/or transfer including any finance charges
or late fees incurred as a result. It
is also important that the payment date be on or before the merchant due date,
NOT the late date, and since the time for us to process the payment varies
according to the particular merchant, I must become familiar with the payment
processing time for each merchant that I desire to pay, and allow the
appropriate number of business days between the day I input payment
instructions and the payment date.
Subject to the limitation discussed below, if User follows the procedures
described in the agreement for payments, and is assessed a penalty or late
charge, Bank may reimburse me for that late charge up to a maximum of fifty
dollars ($50.00). In the event that
User does not adhere to the obligations set forth in this agreement, or User
schedules a payment less than the number of business days before the due date
required for a particular merchant, I will bear full responsibility for all
penalties and late fees and Bank will not be liable for any such charges or
fees. The services assume no liability
for the late posting or misapplication or payment once merchants receive
funds. This absence of liability,
however, does not preclude the service from working to resolve these types of
issues when they arise. If required, we
will be responsible for providing provisional credit if payment disputes this
action.
Under no circumstances will we be liable if we are unable to
complete any payments and/or transfers initiated in a timely manner via the
Services because of the existence of any one or more of the following circumstances:
1) User does not obtain confirmation at the time User initiates a payment
and/or transfer. 2) The designated Account does not contain sufficient funds to
complete the payment and/or transfer. 3) User has closed the designated
Account. 4) Bank has identified me as a credit risk and has chosen to (i) make
all payments and/or transfers initiated by User via the Services utilizing a
paper, as opposed to electronic, method, or (ii) terminate my subscription to
the Services. 5) The Services, User’s equipment, the software, or any
communications link is not working properly and User knows or has been advised
by Bank about the malfunction before User executes the transaction. 6) User has
not provided us with the correct information for those Merchants to whom I wish
to direct payment or Account to which I wish to make a transfer. 7) The
Merchant mishandles or delays handling payments sent by Bank. 8) Circumstances
beyond Bank’s control (such as, but not limited to, fire, flood, or
interference from an outside source) prevent the proper execution of the
transaction and Bank has taken reasonable precautions to avoid these
circumstances.
Bank is not responsible for any other loss, damage or injury,
whether caused by User’s equipment or software, the Services, or any technical
or editorial errors contained in or omissions from any user guide related to
the services. Bank shall not be
responsible for any direct, indirect, special or consequential damage arising
in any way out of the installation, use or maintenance of User’s equipment,
software or the services, except where the law requires a different
standard.
I will notify Bank
immediately if I believe an unauthorized person knows my ID code and password,
or it is lost or stolen. Telephoning is the best way of keeping my possible
losses down. I
acknowledge that I could lose all the money in my account (plus my maximum
overdraft line of credit).
The following provisions apply only to electronic funds transfers
that debit or credit a consumer’s account and are subject to Federal Reserve
Board’s Regulation E (an “EFT”). When
applicable, the Bank may rely on any exceptions to these provisions that are
contained in Regulation E. If I tell
Bank within 2 business days, I can lose no more than $50 if someone used my ID
code and password without my permission. If I believe my ID code and password
has become known to an unauthorized person, lost or stolen, and I tell Bank
within 2 business days after I learn of the loss or theft, I can lose no more
than $50 if someone used my ID code and password without my permission. If I do
not tell Bank within 2 business days after I learn of the loss or theft of my
ID code and password, and Bank can prove Bank could have stopped someone from
using my ID code and password without my permission if I had told Bank, I could
lose as much as $500. Also, If my statement shows transfers that I did not
make, I will tell Bank at once. If I do not tell Bank within 60 days after the
statement was mailed to me, I may not get back any money I lost after the 60
days if Bank can prove that Bank could have stopped someone from taking the
money if I had told Bank in time. If a good reason (such as a long trip or a
hospital stay) kept me from telling Bank, Bank will extend the time periods. If
I believe my ID code and password have become lost or stolen or that someone
has transferred or may transfer money from my account without my permission, I
will call Bank Internet Customer Support at (979) 297-4012, or write to First
National Bank, ATTN: Internet Customer Support, P.O. Box 3100 Lake Jackson, TX
77566.
Error Resolution
In case of errors or questions about my electronic transfers, I
will call Bank Internet Customer Support at (979) 297-4012, or write to First
National Bank, ATTN: Internet Customer Support, P.O. Box 3100 Lake Jackson, TX
77566, as soon as I can, if I think my statement or receipt is wrong or if I
need more information about a transfer listed on the statement or receipt. Bank
must hear from me no later than 60 days after Bank sent the first statement on
which the problem or error appeared. I must: (1) tell Bank my name and account
number, (2) describe the error or the transfer I am unsure about, and explain
as clearly as I can why I believe it is an error or why I need more information
(3) tell Bank the dollar amount of the suspected error. If I tell Bank orally,
Bank may require that I send Bank my complaint or question in writing within 10
business days. Bank will determine whether an error occurred within 10 business
days (20 business days if the transfer involved a new account) after Bank hears
from me and will correct any error promptly. If Bank needs more time, however,
Bank may take up to 45 days (90 days if the transfer involved a new account, a
point-of-sale transaction, or a foreign-initiated transfer) to investigate my
complaint or question. If bank decides to do this, Bank will credit my account
within 10 business days (20 business days if the transfer involved a new
account) for the amount I think is in error, so that I will have the use of the
money during the time it takes Bank to complete It's investigation. If Bank
asks me to put my complaint or question in writing and Bank does not receive it
within 10 business days, Bank may not credit my account. An account is considered
a new account for 30 days after the first deposit is made, if I am a new
customer. Bank will tell me the results within three business days after
completing its investigation. If Bank decides that there was no error, Bank
will send me a written explanation. I may ask for copies of the documents that
Bank used in its investigation.
I have received and understand all signature card rules and
regulations and all agreements and disclosures connected with opening of
Accounts and acknowledges that this Agreement is in addition to any of these
agreements and disclosures.
I will continue to receive regular account statements that
describe all transactions for the Accounts including the transactions that I
have initiated through the Internet Banking Services. I am responsible to
promptly review all statements and report in writing any irregularities to the
Bank at once. For all electronic transactions governed by Reg. E, errors must
be reported in writing within sixty (60) days.
Fees &
Discontinuance of Service
I acknowledge that fees for the Internet Banking Services will be
paid monthly as disclosed on the Bank Internet Banking Services Fee Schedule.
These fees are in addition to any fees and service charges currently being
paid. Any pricing or policy changes adopted by Bank in future will constitute
modifications or addends to the Agreement but will not nullify it. I
acknowledged that I may be asked to designate a payment account for selected
services such as Bill Pay and authorize Bank to charge my account or any other
account for the fees.
Bank reserves the right to terminate my use of the Services, in
whole or in part, at ANY time without prior notice. I may cancel my subscription to the
Services, upon thirty (30) days prior notice to Customer Service. Termination by either party does not relieve
me of my liability for transactions or responsibilities for payment of all fees
incurred prior to termination. I may terminate the Internet Banking Service by
writing to First National Bank, ATTN: Internet Customer Support, P.O. Box 3100
Lake Jackson, TX 77566. I will be
sure to cancel all outstanding payment and/or transfers not cancelled or made
due to my actions related to service termination. We will not be liable for payments and/or transfers not cancelled
or made due to your actions related to service termination.
In the event Bank is unable to process a Services transaction, (if, for example, there are insufficient funds in User’s designated accounts) the transaction will result in a “Failed Payment and/or Transfer”. In such event, Bank will charge the total cost of the transaction, including any services charges, to User. In the event of repetitive Failed Payment and/of Transfer, Bank reserves the right to suspend User’s subscription to the services. This suspension may be without prior notice to User. If User’s subscription is suspended, transactions, which were previously initiated, may still continue to be processed unless canceled and confirmation of such cancellation is provided as specified below. Suspension will be handled by Customer Services and all inquiries and correspondence relating thereto including requests for reinstatement should be directed to Customer Service. In the event User’s subscription is suspended, Bank will notify User by mail to User’s listed address. With respect to any Failed Payment and/or Transfer, User agrees to reimburse Bank within fourteen (14) days after notice is sent to User, for any funds Bank has already paid to one or more of User’s designated Merchants which Bank is unable to recover by debit to the Merchant or charge of User’s account. If User does not pay any amount owed to Bank when due, User agrees to pay interest on the unpaid balance at a rate of 18% per annum, or 1.5% per month (or the maximum rate allowed by applicable law, if less). In the event that User’s claim or debt has to be referred to a third party for collection, User agrees, to the extent permitted by law, to pay all costs and fees incurred in collecting the outstanding balances, including reasonable attorneys’ fees and court costs.
Section 5.
Acknowledgments, Responsibilities, and Liabilities of Bank
Bank will provide training on use of Internet Banking.
The Bank has entered into a licensing agreement with Electronic
Data Systems, Inc. (EDS) for the delivery of the Internet Banking Services. The
Internet Banking Services shall be considered part of the EDS System, and all
rights, title, and interest shall remain with them.
Except for acts of gross negligence or willful breach of duties by
Bank, Bank will not be liable to me for any matters related to this Agreement,
including without limitation, lost profits or consequential, special, or
punitive damages, inaccuracy, or delays in transmission of information.
Bank makes no warranties or representations with respect to the
Internet Banking Services software, express or implied, including but not
limited to, warranties of merchantability or fitness for a particular purpose.
Section 6. Joint
Acknowledge and Representations
This agreement incorporates by reference all information on my
Account Application, which I represent as true and complete in all respects.
I have read and understand this Agreement and have had opportunity
to review this Agreement with an advisor of my choice if so desired.
Upon occurrence of any overdraft incurred in the Accounts, Bank
shall have the right, in Bank's sole discretion to: (i) refuse payment of any
outstanding and unpaid check drawn on any Account listed on the Internet
Banking Application, and (ii) withhold from processing any transaction
generated on the Account (including Internet Banking Services generated).
Each party represents and warrants to the other that it is
authorized to enter into this Agreement.
Section 7. Privacy
Bank will only disclose information to third parties about User’s
accounts when it is necessary for completing payments and/or transfers; in
order to comply with a government agency or court order; or if User gives Bank
permission. The Bank believes that our
customer’s privacy is a vital part of our customer service. For more detailed information, please review
the Bank’s complete Privacy Policy.
Section 8. Fee
Schedule
Net Bank is a free
service for all First National Bank account holders. Additional fees apply for
Bill Pay. See below for additional
services and fees.
Bill Pay Fee – First ___ days FREE for all newly enrolled
customers and $_______ each month thereafter. First ____ transactions per
month, FREE and _______ for each transaction over ___ per month.
This
agreement may only be altered or amended by the Bank. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT
WE ARE REQUIRED TO PROVIDE A NOTICE OR OTHER COMMUNICATION TO USER IN WRITING,
THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO USER ELECTRONICALLY TO USER’S
INTERNET ADDRESS AS REFLECTED IN BANK’S THEN CURRENT RECORDS. Users continuing
use of the Services following receipt of such notice constitutes acceptance of
such alterations or amendments.
Bank may
from time to time introduce new services or enhance the existing services. Bank shall notify User of the existence of
these new or enhanced services. By
using these services when they become available, User agrees to be bound by the
obligations concerning these services which will be sent to User.
In the
event of a dispute regarding the Services, User and the Bank agree to resolve
this dispute by looking to this agreement.
This agreement shall supersede any and all other representations made by
User or Bank’s employees.
This agreement is governed by and will be interpreted under the
laws of the State of Texas.
If at any time any section of this Agreement is found to be
invalid, that does not make the remaining sections or terms invalid.