|Please read this Agreement carefully and keep a copy for your records.
Consumer Internet Banking Agreement and Disclosure
This Internet Banking Agreement and Disclosure governs your use of Internet Banking. Throughout this website, this Agreement and Disclosure will be referred to as "Agreement." By using Internet Banking, you agree to all of the terms of this Agreement as well as the "Deposit Account Terms and Conditions," "Account Disclosures," "Account Fee Schedule" and other applicable disclosures governing your account(s), which have been previously given to you by the Bank and for which another copy may be obtained at any branch of the Bank. Your initial use of any Internet Banking service in connection with your account at the Bank constitutes your acceptance and agreement to be bound by all of the terms and conditions of this Agreement and of the "Deposit Account Terms and Conditions" and other applicable disclosures. Such initial use acknowledges your receipt and understanding of this Agreement, the "Deposit Account Terms and Conditions" and all other disclosures governing your account(s). Please read this Agreement carefully and keep a copy for your records.
The Internet Banking service is available to our customers at no monthly charge; however, notwithstanding the foregoing, certain fees may apply to the Bill Payment feature of Internet Banking. The Bill Payment feature is an optional service for personal checking accounts. You must enroll for this service by logging into Internet Banking using your User ID and password and clicking on the Bill Pay tab.
Whether or not capitalized:
You or Your - The person(s) subscribing to or using Internet Banking.
We, Us, Our, The Bank – Refers to Texas State Bank, who it may involve in the provision of Internet Banking.
Business Day - Any calendar day other than Saturday, Sunday, or any holidays recognized by the Federal Reserve Bank.
The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit viruses to other computers.
About Internet Banking
The Internet Banking system that is accessible by our customers over the Internet currently consists of, without limitation:
• Account inquiries
• View Detailed Transactions
• View Images of Checks - Full Statements
• View Pending ACH Debits and Credits
• Transfer between accounts
• Stop Payments
Log-On and Security
In order to ensure the security of your accounts, we will end your online session if we have detected no activity for ten (10) minutes. This is to protect you in case you accidentally leave your computer unattended while you are logged on. When you return to your computer you will need to re-enter your User ID and password.
Because your password is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess avoiding names, dates, and information that may easily be guessed. Keep your password safe. Memorize your password and never tell it to anyone. Change your password frequently. This can be done at the beginning of each Internet session. Three (3) invalid password attempts will lock your online banking account, and you will need to contact Customer Service at 877-556-7907 to have it reset.
We are entitled to act upon instructions received through Internet Banking service under your User ID and password and without inquiring into the identity of the person using that User ID and password. However, you agree that you will not, under any circumstances, disclose your password by telephone or any other means to any person. You acknowledge that no person from the Bank will ever ask for your password and that Bank employees do not need and should not ask for your password. You agree never to provide your password to anyone, including anyone claiming to represent the Bank. You are liable for all transactions made or authorized using your User ID and password. We have no responsibility for establishing the identity of any person or determining the validity of any transaction.
You agree that if you give your User ID and password to anyone or fail to safeguard its secrecy, you do so at your own risk. Anyone with you User ID and password will have access to your accounts. You agree to notify us immediately in the event your password is lost, stolen, or otherwise compromised. At any time you may change your password by selecting "Change Password" from the Services menu.
Joint Accounts (or Multiple Signer Accounts)
For joint accounts, each person will have a different User ID and password. Each person on a joint account will be liable for all transactions that are made on the account. Each person on a joint account authorizes all transactions made by any other person on the account. Each person on a joint account agrees to be liable for the actions of the other person(s) on the account.
Cancellation of Internet Banking
Your Internet Banking may be canceled at any time by us, in whole or part, without prior notice. You will remain responsible for all transactions approved by the system prior to the cancellation, and for any fees associated with the service. In order to reinstate services, you must re-apply.
You must login to Internet Banking at least once every 12 months. Failure to do so will result in cancellation of your access. If your access is canceled, your e-statement delivery option will also be terminated. We will change your account back to paper delivery and applicable service charges will apply.
Balance Inquiries and Transfers
You may use Internet Banking to check the balance of your accounts and to transfer funds among your accounts. According to Federal regulations, you may not make more than six (6) pre-authorized or automatic transfers from your Money Market Deposit Account or Statement Savings during a given monthly statement period. There are no limits to the number of transfers from your checking accounts.
Shown balance of accounts may include deposits subject to verification by us. The balance may differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. If you have further questions, contact Customer Service at 877-556-7907.
Bill Payment Service
You may use our bill payment service to pay bills. You can arrange to have bills paid at your option or on a reoccurring basis. There is no limit to the number of payments that may be authorized.
For bill payments from your account, we are not obligated to make the payment unless your account has sufficient funds to cover the payment. If you cancel the bill payment service, any payment(s) that has already processed before the requested cancellation date will be completed. All scheduled payments including reoccurring payments will not be processed once cancelled.
Other terms, conditions and fees apply to the Bill Payment Service as set forth in the "Bill Payment Terms and Conditions". You may sign up for Bill Payment Service by selecting the Bill Payment tab on your Internet Banking Main Page.
Our Liability for Incomplete Transactions
It is our responsibility to process all transfers properly initiated through Internet Banking in accordance with this Agreement and the "Bill Payment Terms and Conditions". We may be liable for damages caused by delay in process or error in process. We will not be liable if any of the following occurs:
1. Funds are not available in your account or attached credit line.
2. Funds are subject to legal process.
3. You had knowledge or questions about the possible malfunction of equipment when you initiated the transaction.
4. Natural disasters (fire, flood, tornado, etc.} or other uncontrollable circumstances (mail delays, power failures, etc.} prevent proper completion and delivery of transactions.
5. Other applicable laws and/or regulations exempt us from liability.
6. Other agreements between you and us protect, exempt, except or exclude us from liability.
Notice of Your Rights and Liabilities
Notify us immediately if your password has been lost or stolen. Failure to notify us immediately could result in the loss of all money accessible by the password.
If we are notified within two (2) business days after you discover that your password has been lost or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) business days, and we can prove we could have prevented someone from using the password without your permission, you could lose as much as $500.
If your statement shows unauthorized transfers, notify us within 60 days after the statement is mailed to you or viewed on your computer. After 60 days, if we can prove that we could have stopped someone from taking the money if we had been told in time; lost funds might not be recovered. If a good reason (such as a long trip or hospital stay) prevented you from telling us, we may extend the period.
For further information on your rights and liabilities relating to unauthorized use of your password and unauthorized transfers, refer to our disclosure "Electronic Funds Transfers, Your Rights and Responsibilities".
Errors and Questions
In cases of errors or questions concerning transactions completed with Internet Banking, do one of the following, as soon as possible:
Telephone 1-877-556-7907 or
Write to: Texas State Bank
PO Box 156238
Lufkin, TX 75915
We must hear from you within 60 days after you receive your FIRST statement or notification in which the error or problem appeared. Please include the following information:
2. Account Number
3. Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information.
4. Tell us the amount of the error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within ten (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) to investigate your complaint or question. 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 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
Disclosure of Account Information to Third Parties
We will disclose information to third parties about your account or the transfers you make:
1. where it is necessary for completing transactions;
2. where it is necessary for activating additional services;
3. in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
4. in order to comply with a government agency or court orders;
5. if you give us written permission; or
No Signature Requirements
When any payment or other online service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.
You hereby indemnify and release us, and our employees, officers, directors, and agents, from any and all liability, and you agree not to make any claim against us or bring any action against us honoring or allowing any actions or transactions in which you have authorized the person performing the action or transaction to use your account or when you have provided your User ID and password to that person. You agree to reimburse us for any losses we suffer or any damages, injuries, costs, or expenses we incur (including attorney's fees) as a result of us honoring or allowing transactions on the account in which the User ID and password were used. The limitations of liability set forth in this Agreement are subject to, and limited by, any state or federal law to the contrary.
You may terminate the use of Internet Banking by contacting The Bank in writing by mail, e-mail, or personal delivery to us. If your account is closed or restricted for any reason, Internet Banking accessibility will automatically terminate. We may terminate your use of Internet Banking at any time.
Exclusions of Warranties and Limitations on Damages
THE INTERNET BANKING AND BILL PAYMENT SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT INTERNET BANKING IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA INTERNET BANKING WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. NEITHER THIS FINANCIAL INSTITUTION NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE.
THE FOREGOING SHALL CONSTITUTE THE BANK AND ITS SERVICE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OR THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF INTERNET BANKING, INCLUDING THE BILL PAYMENT FEATURE.
Governing Law; Waiver of Jury Trial
This Agreement shall be governed by and construed under the laws of the State of Texas, and the parties agree to subject themselves to the jurisdiction of the federal and state courts to the maximum extent permitted by law. You hereby agree to accept service of process by certified mail, return receipt requested, and as an independent covenant hereby expressly waive trial by jury in any action brought with respect to this Agreement.
Severability of Provisions
If any part of this Agreement shall be held to be void or unenforceable, such part or parts shall be treated as severable, leaving valid the remainder of this Agreement notwithstanding the part or parts found to be void or unenforceable
This Agreement may not be assigned to any other party by you. We may assign or delegate, in part or whole, to any third party.
We may amend this agreement, in whole or in part, at any time.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. 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 of any one occasion shall not be construed as a bar or a waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement supplements any other agreement or disclosures related to your account(s), including, without limitation, the "Deposit Account Terms and Conditions". If there is a conflict between this Agreement and any others, or any statements made by employees or agent, this Agreement shall supersede.
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