Internet Banking and Bill Payment Agreement

 

Austin Bank, Texas N. A.

 

This Internet Banking and Bill Payment Agreement (this "Agreement") states the terms and conditions for the Online Services offered by Austin Bank, Texas N. A.  (the "Bank" or “Austin Bank”). When you use, or you permit any other person(s) to use, Austin Bank Online Internet Banking and Austin Bank Online Bill Payment (collectively, "the Online Services"), you agree to the terms and conditions of this Agreement. These terms and conditions are in addition to those that apply to any accounts you have with the Bank. This Agreement is an addendum to the existing Deposit Account Agreement and Signature Card that you received and signed when opening your depository account, as amended from time to time. If there is a conflict between the terms and conditions of this Agreement and one contained in the other agreements between us, this Agreement will control.

 

As used in this Agreement, "you" or "your" refers to each person(s) subscribing to, using or accessing the Online Services; "we", "us" or "our" refers to Austin Bank and any agent, independent contractor, designee, or assignee Austin Bank may, in its sole discretion, involve in the provision of the Online Services.

  

1)      Account Access.  You must have at least one eligible personal account with us, access to the Internet and an eligible browser (see # 4 Equipment) to use the Online Services.  If you have more than one personal deposit account or consumer loan relationship with us, we will “link” the relationships together. Accounts that are “linked” under the Online Services will effectively have one common owner and signer. Any signer, acting alone, shall be deemed by us to be authorized to access a linked account. Any non-linked account will not be accessible through the Online Services.

 

Under Federal Law, you may perform no more than six funds transfers, payments or preauthorized withdrawals per month from any savings deposit account.  If you exceed the maximum number of allowable transfers, payments or preauthorized withdrawals on any savings or money market account, the Bank will take steps, as it reasonably deems necessary, to ensure your future compliance with allowable transfer limits, including terminating your access to the Online Services. Allowable transfers and withdrawals by check, draft, debit card or similar order on any saving deposit account are limited to a maximum of three per month.  Additionally, excess withdrawals are subject to a per transaction excess withdrawal fee as set out in our Deposit Account Agreement Fee Schedule, as amended from time to time.

 

Accounts that are eligible to be “linked” include the following Austin Bank personal account types: checking, money market, savings, time deposits and consumer loans. 

 

2)      Access Codes. Security of your transactions is important to us. During your enrollment for the Online Services, you are required to select an Access ID and a Password.

 

The new Access ID must be at least six and no more than nineteen characters in length. The Access ID can be a combination of letters (upper and/or lower case), numbers or special characters. Symbols and blank spaces are not allowed.. 

 

Your new Password must be at least six and no more than seventeen characters in length.  The Password can be a combination of letters (upper and/or lower case), numbers and special characters..  Symbols and blank spaces are not allowed. You should select your Password carefully and stay away from names, dates and information that may easily be guessed.

 

DUAL AUTHENTICATION – When you logon to Austin Bank Online Banking the address line at the top of the screen should turn green and display a picture of a locked padlock to the left of the Austin Bank name in the address line.  (The actual appearance could vary, depending on your browser.)  This verifies that you are connected using encrypted communications to the authentic Austin Bank Online site.  If the address line does not change to a green color and display the padlock symbol, do NOT enter your Password.  Contact the Bank for further instructions.

 

You will also be asked to select a series of challenge questions with your own responses.  These can be used in the future to authenticate your sign on, if you are accessing the system from a different computer than you typically use.

 

Use of your Access ID and Password (the “Access Codes”) and the Dual Authentication procedures described above is the agreed security procedure to access the Online Services.  We may accept as authentic and authorized any instructions given to us through the use of your Access ID and Password.

 

3)       Available Services.  You will be allowed access to the Online Services by first entering your Access Codes.

 

a)      Account Information.  You may use the Online Services to obtain balance and transaction information about your eligible linked accounts with us. Please note that while the Online Services operates in a “real time” mode, balance information may not reflect transactions not received by the Bank such as outstanding checks or recent debit card transactions conducted at off-line merchants.  Balances may also be subject to a hold (which will not necessarily be evident from the Online Services, but which you would have received written notice of when it was placed, either in person or by mail).  Please also note that online transaction history for accounts is limited to your current statement cycle and previous statement cycle; you may need to check the statements that we have previously sent you for information beyond the last day covered by the online transaction history. You may download your eligible account(s) information into software such as Quicken or Money software.  Any links to, or downloads from, outside sources provided through the Online Services are beyond the control on the Bank’s security and the Bank is not responsible for the content, operation or security of such sites or your computer.

 

b)      Funds Transfers.  You may use the Online Services to transfer money between certain eligible consumer accounts you have with Austin Bank.  You may schedule transfers to be initiated on the current Business Day, on a future date, or on the same date of each month, subject to the restrictions in this and other agreements between you and the Bank.  While you can enter transfer information through the Online Service twenty-four (24) hours a day, seven (7) days a week, transfers can be initiated only on Business Days. Funds will be deducted from the eligible account you designate on the Business Day on which a transfer is to be "initiated." This date is referred to in this Agreement as the "Transaction Date." If you direct the initiation of a transfer to occur on a day other than a Business Day, it will be initiated on the following Business Day. Transfers must be scheduled by the normal cut-off time of 6:00 p.m. Central Time on any Business Day in order for the transaction to be completed on that Business Day.   Recurring transfers are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. Once started, recurring transfers will be made automatically until your account(s) no longer has sufficient funds in it, until you delete the transfer on-line or until you tell us to stop or cancel such transfer or the Online Services and we have a reasonable opportunity to act on your request.  Call or write us at the telephone number or address listed in this Agreement in time for us to receive your request 3 Business Days or more before the transfer is scheduled to be made. If you call, we will also require you to put your request in writing and get it to us within 14 days after your call.

 

c)      Bill Payment.  Click on the link to Bill Payment contained on the Online Banking screens.  First time users of Austin Bank Bill Payment Services will be required to accept an additional online Agreement specific to Bill Payment Services.  Please read this Agreement thoroughly, since it contains applicable rules, restrictions and guidelines related to Bill Payment Services.  Upon acceptance of the Bill Payment Agreement, that Agreement  becomes an addendum to this Agreement and a part of your overall Online Services Agreement with Austin Bank.

 

d)     Customer Service.  Answers to the Online Services frequently asked questions can be found by using the Help Button shown on the various online banking screens.  Additionally, you may communicate with your local Austin Bank Office by utilizing the Contact Us link shown on the Austin Bank Internet Home Page using a personal computer to send and receive written messages electronically (Internet e-mail). This method is very effective for requesting additional information, questions, comments and other miscellaneous correspondence. * HOWEVER AT THIS TIME, E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION AND CONFIDENTIAL INFORMATION SHOULD NOT BE SENT OVER THE INTERNET EMAIL.  You may also contact one of our Customer Service Representatives at 800-644-9275, between the hours of 7 AM & 7 PM, Monday – Friday, excluding Bank holidays.

 

4)      Equipment. You are responsible for obtaining, installing, maintaining and operating all computer hardware, software and Internet access services necessary for accessing the Online Services. The Bank will not be responsible for any errors or failures resulting from the malfunction or failure of your hardware, software or any Internet access services.  For your protection and security, access to the Online Services requires an Internet Browser that supports 256-bit encryption.

 

5)      Business Hours of Operation.  Business hours vary by branch location.  Please contact your local Austin Bank office for further clarification on specific office hours.  Telephone Customer Service is available from 7:00 AM to 7:00 PM Central Time, Monday - Friday, except bank holidays.  The Online Services are available 24 hours a day, 7 days a week except during maintenance periods or circumstances beyond our reasonable control. All Internet Banking transactions initiated after the Bank's cutoff time will be posted to the appropriate account on the next Business Day.

 

6)      Documentation.  All payments, transfers, and or/fees made with the Online Service will appear on your monthly Account statement. The Payee name, payment amount, and the date of the transfer will be shown for each transfer made through the Online Service during that month.

 

7)   Fees. At this time, the Bank does not charge a fee for the use of the Internet Banking portion of the Online Services. In the future, fees may be assessed for specific Online Services. If and when specific fees are assessed, a minimum of 30 days notice will be given to any affected Internet banking customers. Notification to the customers may be made through written or electronic media.  Any fees associated with the use of the Bill Payment Service are disclosed in the Bill Payment Agreement that must be accepted to gain access to Austin Bank Bill Payment Services.  Any current or future fees associated with Online Services are in addition to regular transaction fees that may be incurred on your Austin Bank accounts.  In addition, you will be responsible for paying any telephone company or utility charges and/or Internet access service fees and/or taxes incurred while using telephone lines and/or Internet access services to connect with the Online Services.

 

     You also agree and understand that some current or future services, such as Mobile Banking or electronic messaging service, may require a wireless device with Internet access and an agreement with a wireless service provider for services such as text messaging or air time. You understand that those agreements may provide for fees, limitations and restrictions that might impact your use of various Austin Bank Online Services and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. The Bank assumes no responsibility for the operation, security, functionality or availability of any wireless device or mobile network which you utilize to access Bank Online Services.

 

8)      Limitation of Access/Security. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes and other means of identification (including, without limitation, your account numbers, Access IDs and Passwords). We reserve the right to block access to the Online Services at any time without notice to maintain or restore security, including if we reasonably believe your Access Codes have been or may be obtained or are being used or may be used by an unauthorized person(s).

 

9)      Termination. If you desire to terminate your access to the Online Services, you must notify our Customer Service Department by mailing your request to:  Austin Bank, Customer Service Department, P. O. Box 6950, Longview, TX 75608 or telephone us at 800-644-9275, during business hours.  If you telephone, we will also require you to present your request in writing within 10 Business Days. We reserve the right to terminate the Online Services, in whole or in part, at any time. In that event, or in the event that you give us a termination notice, we may (but are not obligated) to immediately discontinue making previously authorized transfers, including Recurring Payments and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Online Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of the system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your Access ID or Password as an indication of an attempted security breach. Termination of the Online Services does not affect your obligations under this Agreement with respect to occurrences before termination or cooperation after termination.

 

      The Bank also reserves the right to deactivate the Online Service for inactive customers.  For the purpose of this Agreement, inactive customers are those that have not used Online Services for a period of six (6) months or longer.

 

10)  Your Responsibility. Use of your Access ID and Password is the agreed security procedure to access the Online Services. In order to prevent unauthorized access to your accounts and to prevent unauthorized use of the Online Services, you agree, by using the Online Services, to keep confidential, and to not give or make available your Access ID, Password or other means to access your accounts to any person not authorized to access your accounts. The loss, theft or unauthorized use of your account numbers, Access IDs and Passwords could cause you to lose some or all of the money in your linked accounts, plus any amount available under your overdraft privilege and or overdraft protection credit line. If you disclose your account numbers, Access IDs and/or Passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. You are responsible for all transfers and Bill Payments you authorize using the Online Services. If you permit any other person(s) or entity to use the Online Services or to access or use your account numbers, Access IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities they authorize from your linked accounts. You agree to immediately notify us by calling 800-644-9275, during normal customer service hours of any unauthorized use of your account numbers, Access IDs and Passwords or of any other breach of security, or if you believe someone may attempt to use the Online Services without your consent or has transferred money without your permission.  We cannot accept notification of a lost or stolen Access ID or Password or unauthorized transfers via e-mail.

 

11)  Liability; Indemnification.  NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WE SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE ONLINE SERVICES AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND ANY ADDENDUM HERETO.

 

WE SHALL BE LIABLE ONLY FOR MATERIAL LOSSES, WHICH ARE THE DIRECT RESULT OF OUR OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT IN PERFORMING THESE SERVICES.  WE SHALL HAVE NO LIABILITY FOR FAILURE TO PERFORM ANY SERVICES IN THE EVENT SUCH FAILURE OR DELAY IS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OR DISRUPTION OF ELECTRIC POWER OR TELECOMMUNICATIONS SYSTEMS.  WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES OR INDIRECT LOSS UNDER ANY CIRCUMSTANCES.

 

EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS, DEMANDS, JUDGMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THESE SERVICES.  YOU AGREE THAT THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

 

12)  Warranties Disclaimer. THE ONLINE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

13)   Errors or Questions. In case of errors or questions about your Internet Banking, Bill Payment Service and/or Electronic Transfers call the Bank at 800-644-9275, or write to us at Austin Bank, Customer Service Department, P. O. Box 6950, Longview, TX 75608 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 the FIRST statement on which the problem or error appeared.

 

 i.   Tell us your name and account number.

 ii.   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.

iii.     Tell us the dollar amount of the suspected error.

 

If you tell us orally, we will require that you send us your complaint or question in writing within 10 Business Days.  We will determine whether an error occurred within 10 Business Days (20 Business Days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we 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 your complaint or question. If we decide to do this, we will credit your account within 10 Business Days (20 Business Days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened.

 

We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation.  You may ask for copies of the documents that we used in our investigation.

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14)   Miscellaneous Terms. In addition to this Agreement, you agree to comply with the terms of all applicable account agreements, including, without limitation, the Deposit Account Agreement that you received when opening your depository account, as amended, and with all applicable State and Federal laws and regulations.

 

The Bank may amend or change this Agreement (including applicable fees and service charges) by sending you written notice by regular mail sent to your address as it appears on your account records or by posting notice of change on the Bank’s Internet or Online Banking site. Any use of the Online Services after we send you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the programs, services, documentation and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the programs, services, documentation and/or related material, and to limit access to the Online Services more recent revisions and updates.

 

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of Austin Bank.  No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

We refer you to the Deposit Account Agreement and Signature Card that you received and signed when opening your depository account, as amended, for additional terms and conditions and disclosures that apply to your accounts with the Bank, as this Agreement is an addendum to such Deposit Account Agreement and Signature Card.

 

15)   Assignment.  You may not transfer or assign your rights or duties under this Agreement.

 

16)   Governing Law.  The laws of the state of Texas shall govern this Agreement and its interpretation and all transactions hereunder, without giving effect to any conflict of laws rule or principle that might result in the application of the laws of another jurisdiction. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.  You also agree to the exclusive jurisdiction and venue for all disputes related to this Agreement to be held in the courts of law in Cherokee County Texas.

 

17)   Amendments.  We can change a term or condition of this Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change or by posting notice of change on the Bank’s Internet or Online Banking site. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain and restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement that we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either Checking or Savings Accounts records, or e-mail address in which you authorized the Bank to send such notices and/or disclosures.

 

18)   Children’s Privacy.  Austin Bank does not direct this web site to children, does not knowingly market its products and services to children, nor does it knowingly solicit data from children.  This website is directed to individuals 18 years old or older with the capacity to contract under Texas law.

 

19)   Security Procedures.  By accessing the Online Services, you hereby acknowledge that you will be entering a protected web site owned by the Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the System, and all persons are hereby notified that unauthorized use of the Online Services constitutes a violation of and is subject to prosecution under the Computer Fraud and Abuse Act of 1986 (18 USC §1030).