Services Agreement, Fees and Electronic Funds Transfer
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
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.
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
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.