Terms & Conditions | Service Agreement
Updated October 14, 2021
A. What the Agreement Covers
This Online Banking and Digital Service Agreement (“Agreement”) contains the terms and conditions governing use of the online banking and digital services known as ANBTX Online Banking and ANBTX Mobile Banking, and other ANBTX Digital Services (“Services”). If you are using the Services solely for business purposes, certain provisions of this Agreement will not apply to you because such provisions apply only to Bank’s customers who establish accounts primarily for personal, family, or household purposes (“Consumer Customers”). The Services provide access to your deposit accounts and any other Bank accounts (collectively, “Accounts”) via the Internet, and, for certain Services, via a mobile phone or mobile device that allows text messaging or a mobile phone or other mobile device equipped with an Internet web browser. This Agreement also includes certain disclosures required by the Electronic Funds Transfer Act and the Consumer Financial Protection Bureau’s Regulation E regarding Consumer Customer accounts, which are found in Section V., below. Those provisions apply to you only if you are a Consumer Customer.
This Agreement governs the use of the Services including the terms and conditions of the Bill Payment Service and the Money HD Service, and is made and entered into by and between the American National Bank of Texas ("Bank,” “ANBTX,” “we,” and “us”) and each person who signs ANBTX's signature card, loan document, or other bank-related document for the Account, (i) who is referenced on the ANBTX's records as an owner of the Account, (ii) whose signature appears on a signature card, loan or credit line application or (iii) who is referenced on ANBTX's records as an owner of the Account ("Customer," also referred to as "you" and “your”). Each Customer is jointly and individually liable for all transactions initiated through the Services, including overdrafts, even if the Customer did not participate in the transaction that resulted in the transaction.
C. Review and Acceptance of Agreement
You understand that you should read this Agreement carefully before registering for the Services and before accepting the Agreement. You should also save or print a copy of the Agreement for your records. Once you have completely reviewed the information contained in this Agreement, click “I Accept” to signify your agreement.
D. Relation to Other Agreements
In addition to those terms defined within the body of this Agreement, the terms listed below have the following defined meanings for the purposes of this Agreement:
II. Using Online Banking and Digital Services
A. General Terms Applicable to All Users
The terms and conditions of any deposit Account, rules and regulations, schedule, signature card, loan agreement, including any disclosures made pursuant to such agreements, or authority executed by or made available to Customer and any subsequent amendments to any of the foregoing, are incorporated herein by reference. However, if there is any conflict or inconsistency between the terms and conditions stated in the other agreements and those of this Agreement, the terms and conditions of this Agreement shall control to the extent of such conflict or inconsistency. The terms and conditions of this Agreement may be modified by ANBTX. When modifications occur, we will inform you via any method available to us, including but not limited to, an in-Service message, email, regular mail. Your continued use of the Services after such notification of change shall be understood as your agreement to be bound by all such changes.
B. Account Requirements
To subscribe to the Services, you must maintain at least one Account with ANBTX which may include the following types of Accounts: checking account, savings account, money market account, consumer loan or line of credit, small business lines of credit. The Services will allow you to access more than one Account, to view Account balance and transaction information, transfer funds among designated Accounts, pay bills from designated Accounts (not savings Accounts), send electronic mail to ANBTX and receive electronic mail from ANBTX.
ANBTX reserves the right to deny Customer the ability to access the Services, to limit access or transactions or to revoke a Customer's access to Services without advance notice to Customer.
C. Service Access
The Services are accessed through an electronic or mobile device and Wi-Fi network or mobile connection to access banking information and services that allows you to view Account balance and transaction information, transfer funds among designated Accounts, make deposits, pay bills from designated Accounts, send secure electronic mail to ANBTX and receive electronic mail from ANBTX, affect stop payments, make address changes, add accounts to Internet/Service relationship, view statements, and reorder checks.
Using an electronic device and network connection, you may access certain Accounts through the mobile browser, and when authorized, receive certain information including balances through text messaging and quick view without logging in. You are responsible for obtaining an encrypted browser capable of a sufficiently high level of encryption to meet the systems requirements we establish from time to time. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. We are not responsible for any Internet or mobile access services.
You are responsible for maintaining the confidentiality and security of your mobile or electronic device, access passwords, account numbers, sign on information, and any other security or access information used by the Services. You are also responsible for preventing unauthorized access to your mobile phone.
You understand that the Bank has implemented a security procedure for the purpose of verifying the authenticity of the payment, transfer, and deposit instructions transmitted to Bank by you ("instructions"), and not for the purpose of detecting errors in such instructions. Such security procedure includes (i) a unique file identification number and transmission password, and (ii) encryption. You agree that this procedure constitutes a commercially reasonable method of providing security against unauthorized instructions. You agree to be bound by any instruction issued by you and received and verified by Bank in accordance with such security procedure, and you shall indemnify and hold Bank harmless from and against any loss suffered or liability incurred by, or arising from, the execution of instructions in good faith and in compliance with such security procedure.
When using the Services, you may incur technical or other difficulties. Neither we nor our Service Providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our Service Providers reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice.
D. Geographical Constraints
You agree that you will not use the Services in locations that are prohibited under U.S. law and regulations, including laws and regulations issued by the Office of Foreign Assets Control. You further agree that you will not use the Mobile Deposit Service outside of the United States.
E. Security and Passwords
1. Online and Mobile Security
ANBTX is committed to providing online and mobile clients with a secure and dependable environment for accessing account information. To learn more about security information, as well as tips for avoiding online fraud and identity theft, visit https://www.anbtx.com/security-statement/.
2. Password and Security Procedures
In addition to your acceptance of the terms and conditions of this Agreement, the following shall occur:
You understand that ANBTX has implemented security procedures for the purpose of verifying the authenticity of the payment instructions transmitted to ANBTX by you ("instructions"), and not for the purpose of detecting errors in such instructions. Such security procedures include (i) a unique file identification number and transmission password, and (ii) encryption. You agree that these security procedures constitute a commercially reasonable method of providing security against unauthorized instructions. You agree to be bound by any instruction issued by you and received and verified by ANBTX in accordance with such security procedures, and you shall indemnify and hold ANBTX harmless from and against any loss suffered or liability incurred by, or arising from, the execution of instructions in good faith and in compliance with such security procedures.
In an effort to provide the highest degree of confidentiality and security, ANBTX recommends the use of browsers that provide encryption using a 128-bit key. The higher the level of encryption, the harder it is for unauthorized people to read information. Current versions of commercial off-the-shelf browsers all support 128-bit encryption; however, some older browsers (such as Microsoft Internet Explorer 4) may not be 128-bit encryption versions. Updates are available for download from their respective websites. ANBTX recommends that Customers protect their valuable financial information by using the most secure encryption possible. ANBTX is not liable for losses resulting from the use of 40-bit encryption. If you elect to use the 40-bit browser, this implies your acceptance of this risk.
If you are issued or create any password or other credentials to access the Services or the portion of Site through which the Services are offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the www.anbtx.com website or the Services without your consent, you must inform ANBTX at once at the telephone number provided in Section III.C, below.
3. Your Responsibilities
You are responsible for keeping your user ID, password, Account numbers and information, and AAI confidential. ANBTX requires you to:
4. Privacy and User Information
If you receive information about another person through the Services, you agree to keep the information confidential and use it only in connection with the Services.
Your Account information is confidential. You acknowledge that in connection with your use of the Services, including text messages from the Alerts Services, the Bank and its Affiliates and Service Providers may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services, including the Alerts Services (collectively “User Information”). The Bank and its Affiliates and Service Providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services, including the Alerts Services, to verify the existence or status of your Account to a third party, such as a credit bureau or merchant, to activate additional services, or to provide to a consumer reporting agency for purposes of anonymous research only.
Information may also be disclosed as otherwise permitted or required by law, including, but not limited to, to comply with court orders or lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, when necessary to complete transactions under this Agreement, to verify existence or status of your Account to a third party such as a credit reporting agency or merchant, and as otherwise authorized by you. The Bank and its Affiliates and Service Providers also reserve the right to monitor use of the Services, including the Alerts Services, for purposes of verifying compliance with the law, these terms and conditions, and any applicable software license, but we disclaim any obligation to monitor, filter, or edit any content. You agree that, in using the Services, including the Alerts Services, information and transfers will be recorded and/or data captured, and you consent to such recording.
F. Hardware and Software
You are solely responsible for the maintenance, installations and operation of your electronic device and for the software used in accessing the Services. ANBTX shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your electronic device or software, nor will ANBTX be responsible for any technology virus that affects your electronic device or the software while using the Services. Additionally, you must have an Internet Service Provider, an email address, and a browser to utilize the Services through the Internet.
G. Receipts and Transaction History
For Bill Payment Services, you may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
H. Prohibited Payments
The following types of payments are prohibited through Bill Payment Services, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section III.C. above of any violations of the Agreement generally.
I. Payment Methods and Amounts
There are limits on the amount of money you can send or receive through Bill Payment Services. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Services, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft drawn against your account.
It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
K. Failed or Returned Payment Instructions
In using Bill Payment Services, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
L. Accurate Information and Information Authorization
You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third-party sites which you include or access through the Services, and that you have the authority to (i) designate us and our Service Providers as your agents, (ii) use the Services, and (iii) give us and our Service Providers the passwords, usernames, and all other information you provide.
Your use of the Services is your authorization for ANBTX or its Service Providers, as your agents, to access third-party sites which you designate in order to retrieve information. You are licensing to ANBTX and its Service Providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services. You authorize us or our Service Providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our Service Providers retrieve on your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our Service Providers may store, use, change, or display such information or create new content using such information.
M. Address or Banking Changes
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting ANBTX at the contact information in Section III.C. Any changes to your Payment Account should also be made in accordance with the procedures outlined within the application's help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Provider is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
N. Email Address
You agree to provide us with a current email address to receive email notifications and disclosures from ANBTX. You must immediately notify ANBTX of any changes or updates to your email address or if it becomes inoperative or inactive. You agree to immediately identify another email address to be used for the Services. You also agree that ANBTX is under no obligation to re-transmit any notifications to you that were returned “undeliverable” or otherwise rejected for delivery. Email will be the only notice you will receive advising you that electronic records have been posted to your account.
O. Notices to You
You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Services, or emailing it to an email address that you have provided us, or mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Services setup or customer profile.
P. Text Messages, Calls and/or Emails to You
Q. Electronic Mail
Electronic Mail (Secure Messages) to ANBTX may be delayed; therefore, if you need ANBTX to receive information concerning your Account immediately, you must contact ANBTX in person or by telephone (i.e., regarding stop payments, to report a lost or stolen card, or to report unauthorized use of your Account). ANBTX shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.
R. Intellectual Property
All other marks and logos related to the Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Services or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Services, the portion of the Site through which the Services is offered, the technology related to the Site and Services, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Services shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
S. Acceptable Use of the Services
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Services, regardless of the purpose of the use, and for all communications you send through the Services. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Services, including text message from the Alerts Services, for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Services or the portion of the Site through which the Services are offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Services, or interfere or attempt to interfere, with the Site or the Services; (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors; (k) would be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Services to impersonate another person or entity; (l) facilitate unauthorized entry or access to computer systems; (m) access the information and content programmatically by macro or other automated means; or (n) create liability for ANBTX or its Service Provider or cause ANBTX to lose the services of its Service Providers. We encourage you to provide notice to us by the methods described in Section III.C. of this Agreement of any violations of the Agreement generally.
Without limiting the foregoing, you agree that you will not use the Services, including the Alerts Services, to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death- related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; or (iii) any material or information that is false, misleading, or inaccurate; or (iv) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of any party. You agree that you shall not attempt to (i) access the Service, including the Alerts Services, unless authorized; (ii) use or attempt to use a third party’s account; (iii) interfere in any manner with the provision of or otherwise abuse the Services, including the Alerts Services, the security thereof, or other customers using the Services, including the Alerts Services.
T. Export Restrictions
You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
U. Service Providers
We are offering you the Services through one or more Service Providers that we have engaged to render some or all of the Services to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Services to you, we are the sole party liable to you for any payments or transfers conducted using the Services and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Services. You agree that we have the right under this Agreement to delegate to Services Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
V. Third-Party Sites
With respect to any third-party sites we may enable you to access through the Services or with respect to any non-ANBTX accounts you include in the Services, you agree to the following:
III. OTHER GENERAL INFORMATION
A. Change in Terms
Your use of the Services constitutes your acceptance of this Agreement. ANBTX may change any term of this Agreement at any time. ANBTX agrees to give notice of any such change as required by law. Your continued use of any or all Services indicates your acceptance of the change in terms. The licenses, user obligations, and authorizations described herein are ongoing. ANBTX reserves the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific Accounts are governed by the applicable deposit agreements and disclosures currently in effect.
Your Services remain in effect until they are terminated by you or ANBTX. You may cancel your services at any time by notifying us of your intent to cancel in writing, through Online Banking secure mail, or by calling Online Banking customer service at the contact information contained in Section III.C., below. This cancellation applies to your Online Banking Services only and does not terminate your ANBTX accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are cancelling the services. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Services at any time and for any reason (e.g., inactivity) or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement. We will try to notify you in advance, but we are not obliged to do so.
C. Communications between Customer and ANBTX
The American National Bank of Texas
Any of our convenient banking center locations
D. Exclusions of Warranties
YOU AGREE THAT YOUR USE OF THE SITE, SERVICES, ANY RELATED DOCUMENTATION, AND ALL INFORMATION AND CONTENT THEREOF (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR OWN RISK AND IS PROVIDED "AS IS" AND “AS AVAILABLE” BASIS. WE, AND OUR SERVICES PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANBTX OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
The Services are not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither ANBTX nor its Service Providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. ANBTX and its Service Providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on the Site. Further, ANBTX and its Service Providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. ANBTX and its Service Providers do not warrant that the Services comply with the requirements of any organization anywhere in the world.
F. Limitation of Liability
THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICES AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICES ARE OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICES ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO (i) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (ii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES OR THE SITE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES OR SITE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR SITE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICES ARE OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your use of the Site or the applicable Services.
If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Services; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Services for any reason or no reason and at any time. The remedies contained in this section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
I. Disputes Under Agreement
In the event of a dispute regarding the Services, you and ANBTX agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and ANBTX which supersedes any proposal or prior agreement, oral or written, and any other communications between you and ANBTX relating to the subject matter of this Agreement. If there is a conflict between what an employee of ANBTX or ANBTX’s customer service department says and the terms of this Agreement, the terms of this Agreement will prevail.
Should any dispute arise between you and ANBTX relating to the Account and if following the good faith negotiation of the dispute, it cannot be resolved, it shall first be submitted to mediation. Mediation shall be conducted at the nearest office of the mediation organization mutually agreed upon by you and ANBTX.
You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Services. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
If any provision of the Agreement is found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.
M. Jury Trial Waiver
YOU AND ANBTX EACH HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF THIS AGREEMENT OR RELATING TO THE SERVICES AS PERMITTED UNDER APPLICABLE LAW.
N. No Waiver
We may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not constitute a waiver of the term or provision in the future. ANBTX shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by ANBTX. No delay or omission on the part of ANBTX 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.
You may not assign this Agreement to any other party. ANBTX may assign this Agreement to any future, directly or indirectly, Affiliate. ANBTX may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
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.
Q. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflicts of laws provisions and will be subject to the provisions of all applicable operating circulars of the Federal Reserve Bank and any other applicable provisions of Federal law.
IV. Details Regarding Online Banking and Digital Services
A. Alerts Services
By deciding to enroll in the “Alerts Services,” you understand that you are providing your express consent to Bank to permit Bank to contact you for account alerts, servicing, and fraud prevention purposes, and any other purposes set forth under this Agreement or any other Bank agreements. You understand that enrollment in the Alerts Services permits Bank to transmit e-mail communications to the e-mail address you have on file with Bank and SMS text messages to the mobile phone number you have on file with Bank. Such e-mail communications and SMS text messages may contain certain information and alerts about your Accounts at Bank. You also agree and acknowledge that Account alerts sent via e-mail communications and/or SMS text messages will be sent to all signors on your Accounts who have enrolled in the Alerts Services. You understand that you are solely responsible for all costs assessed by your mobile device service provider for receiving SMS text messages and other data on your mobile device.
B. Bank to Bank Transfers Services
1. Provisions Applicable to Bank to Bank Transfers
The Bank to Bank Transfers Service are features of ANBTX’s Online Banking. These services are offered by ANBTX and Bank’s service provider to allow you to transfer funds between your personal ANBTX deposit accounts and certain deposit or investment accounts that are owned by you or someone else at another U.S. financial institution. With the Bank to Bank Transfers Service you can:
ANBTX account types that are eligible for the Bank to Bank Transfers include personal checking, savings, and money market. Business accounts are not eligible. Other financial institutions may have restrictions regarding transfers into and out of various account types. ANBTX is not responsible for any costs or losses arising out of transfers that are not permitted by another financial institution. Please refer to your other financial institutions’ terms and conditions related to incoming and outgoing transfers.
b. Types of Transfer Requests
There are three types of transfers available for the Bank to Bank Transfers: (1) a one-time transfer for which processing shall be initiated immediately, (2) a one-time transfer for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of transfers for which processing shall be initiated on the specified dates. Further details about each of these options can be found within the Bank to Bank Transfers service application.
c. Daily Processing Deadlines
There are two types of processing available for the Bank to Bank Transfers services: Standard and Next Day. Standard Bank to Bank Transfers transactions initiated on your computer using Online Banking, and received by ANBTX or its agent(s) by 12:00 PM Central Time will be effective within three (3) business days. Next Day Bank to Bank Transfers transactions initiated on your computer using Online Banking, and received by ANBTX or its agent(s) by 9:00 PM Central Time will be effective on the next business day. Weekends and Bank holidays are excluded as business days.
ANBTX is not responsible for any failure of another financial institution to respond in a timely manner.
d. Bank to Bank Transfers Fees
There are no fees for Bank to Bank Transfers that are standard delivery. Additional fees for expedited services may apply and will be displayed in the user interface. Fees are subject to change.
e. Bank to Bank Transfers Dollar Limits
The following dollar limitations apply to Bank to Bank Transfers transactions. ANBTX reserves full discretion to raise or lower limits, generally or as to particular accounts, at any time and without prior notice.
f. Transfers are subject to the following limits:
Daily Maximum Inbound Transfer Limit: $3,000.00
Monthly Maximum Inbound Transfer Limit: $ 6,000.00
Maximum Outbound Transfer Limit per Transaction: $ 3,000.00
Daily Maximum Outbound Transfer Limit is: $ 3,000.00
Your outstanding transfer limit is the maximum dollar amount that can be "In Process" at any given time. When you reach your "Outstanding Limit" you will not be able to schedule additional transfers until the “In Process” transfer(s) show a "Complete" status.
You may not make Bank to Bank Transfers transactions in excess of limits described within the Bank to Bank Transfer service. ANBTX reserves the right to change from time to time the dollar amount of transfers you are permitted to make using our Bank to Bank Transfers service. In the event that your use of the Bank to Bank Transfers service has been suspended and reinstated, you may be subject to lower dollar amount limitations than would otherwise be permitted.
g. Bank to Bank Transfers Authorization and Remittance
You authorize ANBTX to validate the account(s) that are established for this service and owned by you at other U.S. financial institution(s). Some financial institutions may restrict accounts eligible for this service.
You agree to have sufficient available funds in the designated account to cover all Outbound transactions on the scheduled date. If the deposit account does not have sufficient available funds on the scheduled date, we may elect not to initiate your transfer request.
The Service Provider shall incur no liability and any Service Guarantee shall be void if the Service Provider is unable to complete any Bank to Bank Transfer transaction request initiated by you because of the existence of any one or more of the following circumstances:
• If through no fault of the Service Provider, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
• The Bank to Bank Transfer service is not working properly and you know or have been advised by the Service Provider about the malfunction before you execute the transaction;
• Circumstances beyond control of the Service Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service Provider has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payment Account which does not comply with your Payment Instructions, the Service Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing the proper funds to the correct Payment Account.
h. Bank to Bank Transfers Cancellation Requests
You may cancel or edit any scheduled Bank to Bank Transfer (including recurring funds transfers) by following the directions within the application. There is no charge for canceling a scheduled Bank to Bank Transfer. Once ANBTX has begun processing a funds transfer it cannot be cancelled or edited.
i. Withdrawal Transaction Limitations
The restrictions on the number of withdrawals from your savings and money market Accounts apply to payments and funds transfers between Accounts and bills paid from these Accounts initiated through Service.
2. Provisions Applicable to Bank to Bank Transfers Service
a. Description of Bank to Bank Transfers Service, Authorization and Processing
The Bank to Bank Transfer service (the " Bank to Bank Transfer Service") enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your account(s) that are maintained by other financial institutions, on the other hand. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account; or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account. You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds.
We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
2. The Bank to Bank Transfers Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
3. The transfer is refused;
4. You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
It is your responsibility to ensure the accuracy of any information that you enter into the Bank to Bank Transfers Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
b. Transfer Methods and Amounts
Section II.I. applies to the Bank to Bank Transfers Service, even in circumstances where the External Account is closed, and we are attempting to return funds to such Account.
c. Transfer Cancellation Requests and Refused Transfers
You may cancel a transfer at any time until it begins processing (as shown in the Bank to Bank Transfers Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed) we will make reasonable attempts to otherwise return the funds to you.
d. Stop Payment Requests
If you desire to stop any transfer that has already been processed, you must contact us pursuant to Section III.E. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
e. Bank to Bank Transfers Service Fees and Additional Charges
You are responsible for paying all fees associated with your use of the Bank to Bank Transfers Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Bank to Bank Transfers Service or Site. Any applicable fees will be charged regardless of whether the Bank to Bank Transfers Service was used, except for fees that are specifically use-based. Use-based fees for the Bank to Bank Transfers Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Bank to Bank Transfers Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section II.K. applies if you do not pay our fees and charges for the Bank to Bank Transfers Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section II.K. should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
f. Refused Transfers
We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
g. Returned Transfers
In using the Bank to Bank Transfers Service, you understand transfers may be returned for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your Account from which you attempted to transfer funds. You may receive notification from us.
C. Bill Payment Service
1. Description of Service
The bill payment service (the "Bill Payment Service") enables you to receive, view, and pay bills from the Site. The Bill Payment Service is a feature of ANBTX’s Online Banking. This service is offered by ANBTX and Bank Service Providers.
2. Payment Scheduling
The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Bill Payment Service is offered when you are scheduling the payment. Therefore, the Bill Payment Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft, the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
3. The Bill Payment Service Guarantee
Due to circumstances beyond the control of the Bill Payment Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Bill Payment Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the Section IV.C.2.
4. Payment Authorization and Payment Remittance
By providing the Bill Payment Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Payment Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Bill Payment Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Bill Payment Service to credit your Eligible Transaction Account for payments returned to the Bill Payment Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Bill Payment Service.
The Bill Payment Service will attempt to make all your payments properly. However, the Bill Payment Service shall incur no liability and any Bill Payment Service Guarantee (as described in Section IV.C.3.) shall be void if the Bill Payment Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
If, through no fault of the Bill Payment Service, your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Bill Payment Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
5. Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Bill Payment Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Payment Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
6. Stop Payment Requests
The Bill Payment Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Bill Payment Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact the Customer Care Unit at ANBTX for the Bill Payment Service in the manner set forth in Section III.C., above. Although the CCU and the Bill Payment Service will attempt to accommodate your request, the Bill Payment Service will have no liability for failing to do so. The Bill Payment Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
7. Exception Payments Requests
Exception Payments may be scheduled through the Bill Payment Service, however Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Bill Payment Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Bill Payment Service Guarantee (as described in Section IV.C.3.) does not apply to Exception Payments.
8. Bill Delivery and Presentment
The Bill Payment Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Bill Payment Service's electronic bill options, you also agree to the following:
a. Presentation of electronic bills
You will receive electronic bills from a Biller only if both: (a) you have designated it in the Bill Payment Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Bill Payment Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Bill Payment Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Bill Payment Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Bill Payment Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.
b. Paper Copies of electronic bills
If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
c. Sharing Information with Billers
You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Bill Payment Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.
d. Information held by the Biller
We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, that is held by the Biller. Any changes will require you to contact the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller’s services and/or bill information.
We will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
f. Authorization to obtain bill data
You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
We will attempt to present all of your electronic bills promptly. In addition to notification within the Bill Payment Service, we may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Payment Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
h. Cancellation of electronic bill notification
The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
i. Non-Delivery of electronic bill(s)
You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
j. Accuracy and dispute of electronic bill
We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be directly addressed and resolved with the Biller by you.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
9. Disclosure of Account Information to Third Parties
10. Bill Payment Service Fees and Additional Charges
There are no charges for the use of bill payment services at this time. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Bill Payment Service or Site. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize the Bill Payment Service to deduct the calculated amount from your designated Billing Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section II.K. applies if you do not pay our fees and charges for the Bill Payment Service, including without limitation if we debit the Billing Account for such fees, as described in this section, and there are insufficient fees in the Billing Account.
11. Biller Limitation
The Bill Payment Service reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, the Bill Payment Service will notify you promptly if it decides to refuse to pay a Biller designated by you as set forth in Section II.H. of the General Terms (Prohibited Payments) or an Exception Payment under this Agreement.
12. Returned Payments
In using the Bill Payment Service, you understand that Billers and/or the United States Postal Service may return payments to the Bill Payment Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Bill Payment Service will attempt to research and correct the returned payment and return it to your Biller or void the payment and credit your Eligible Transaction Account. You may receive notification from the Bill Payment Service.
13. Information Authorization
In addition to Section II.L., you agree that the Bill Payment Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
D. Intuit Products
1. Overview of Intuit Products
The “Intuit Products” enable you to download specific information from Online Banking into Quicken®, QuickBooks®, and other software applications. It is your responsibility to obtain a valid and separate license agreement with the Service Provider of the software application. You are subject to that agreement when you use Intuit Products. Bank does not own, operate, or control the Intuit Products and is not responsible for the Intuit Products. Bank is not liable for any failure or performance of the Intuit Products.
2. Using the Intuit Products
By using the Intuit Products, you understand and agree that:
3. Transmission and Storage
You understand and agree that:
4. Additional Limitations of Liability
In addition to limitations of liability contained elsewhere in this Agreement, you agree that ANBTX will not be liable to you for any loss, damages, or expenses of any kind resulting from:
E. Internal Funds Transfer
“Internal Funds Transfers” allow you to transfer funds, make payments, or draw advances between your ANBTX Accounts where applicable.
1. Daily Processing Deadlines
Account information displayed through Online Banking and Mobile Banking is the current information at the time the transaction takes place. Internal Funds Transfers between Account(s) initiated on your electronic device using Online Banking or Mobile Banking and received by ANBTX or its agent(s) by 9:00 p.m. Central Time Monday - Friday will be effective on the current Business Day. Internal Funds Transfers processed on your electronic device using Online Banking and Mobile Banking and received after 9:00 p.m. Central Time Monday - Friday or all-day Saturday, Sunday, and banking holidays will be effective the following Business Day. Payments and advances to or between ANBTX Account(s) initiated on your electronic device using Online Banking or Mobile Banking and received by ANBTX or its agent(s) by 9:00 p.m. Central Time will be effective as of that day. Payments and advances on consumer loans and lines of credit may not appear on your account until the next regular Business Day. Periodic interest charges for advances under your consumer loans/lines of credit will begin to accrue on the transaction date.
2. Internal Transfer Limits
Internal Transfers are limited to the available balance in the account and to a minimum of $.01 and a maximum of $100,000 per transaction. Payments to ANBTX cards, loans and lines of credit are limited to a minimum of $.01 and a maximum of $99,999.99 per transaction. If your payment or transfer exceeds the balance in the ANBTX Account on the date you instructed it to be executed, or the maximum amount stated above, it will not be processed.
3. Payment, Advance or Funds Transfer Authorization and Remittance
By providing payment, advance and funds transfer instructions, you authorize ANBTX to follow the Payment Instruction in order to process payments, advances and funds transfers more efficiently and effectively. When Payment Instructions are received, you authorize ANBTX to debit your Payment Account or corresponding account at another financial institution and remit funds on your behalf. The Service Provider shall incur no liability and any Service Guarantee shall be void if the Service Provider is unable to complete any payment, advance or funds transfers initiated by you because of the existence of any one or more of the following circumstances:
4. Failed or Returned Transactions
You are requesting the Service Provider to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed.
5. Funds Transfer/Payments Cancellation Requests
You may cancel or edit any scheduled funds transfer or payments (including recurring funds transfers or payments) by following the directions within the application. There is no charge for canceling a scheduled funds transfer or payment. Once ANBTX has begun processing a funds transfer or payment, it cannot be cancelled or edited.
6. Withdrawal Transaction Limitations
The restrictions on the number of withdrawals from your savings and money market Accounts apply to payments and funds transfers between Accounts and bills paid from these Accounts initiated through Services.
F. Mobile Deposit Service
1. Overview of Mobile Deposit Service
The ANBTX “Mobile Deposit Service” allows you to deposit certain items into eligible bank accounts using your mobile device.
There is currently no fee to use the Mobile Deposit Service.
3. Hardware and Software
To use the Mobile Deposit Service, you must have a supported mobile device with a supported camera, a data plan, and download the ANBTX mobile app. We do not guarantee that your particular mobile or tablet device, camera, operating system, or carrier will be compatible with the Mobile Deposit Service.
4. Security Procedures
You agree to the security procedures ("Security Procedures") used by the Bank in connection with the Mobile Deposit Service. Such Security Procedures offered by the Bank are described herein and in documentation applicable to the Mobile Deposit Service. As part of the Security Procedures, Bank may employ various authentication technologies, including, but are not limited to, use of Internet Banking Services User IDs, passwords and other "Additional Authentication Information" ("AAI") that Bank may require you to provide at Bank's sole discretion. Bank employs various security and authentication technologies to ensure that you, your employees, agents or third parties (if a commercial Account holder), are communicating directly with the Bank, and also to ensure that your computer or mobile device is communicating with a legitimate Bank computer. You are responsible for the establishment and maintenance of your internal procedures reasonably adapted to insure the confidentiality and security of Security Procedures. YOU UNDERSTAND AND AGREE THAT YOU WILL BE RESPONSIBLE FOR MAINTAINING SECURITY AND CONTROL OVER ALL USER IDS AND PASSWORDS PROVIDED BY BANK, AND SHALL USE SECURITY FOR SUCH ITEMS COMPARABLE TO THE SECURITY AND CONTROL YOU WOULD USE FOR CASH, BUT IN NO EVENT LESS THAN REASONABLE SECURITY AND CONTROL IN THE CIRCUMSTANCES.
If you, as well as your employees, agents or third parties (if a commercial Account holder), have reason to believe that any Security Procedure has or may have become known by unauthorized persons (whether or not employed by you), you shall immediately notify the Bank by telephone and confirm such oral notification in writing to the Bank within twenty-four (24) hours of the oral notification. The Bank will replace the Security Procedures in accordance with the Bank's standard security requirements related to the Mobile Deposit Service. To the maximum extent permitted by applicable law, you will be solely liable for all transactions initiated before the Bank has received such notification and has had a reasonable opportunity to act on such notification. The Bank reserves the right to change any or all of the Security Procedures offered and/or used at any time by giving oral or written notice to you. You agree that your use of the Mobile Deposit Service after the Bank provides notice of such changes constitutes your acceptance of the new Security Procedures. You acknowledge that the purpose of Security Procedures is to authenticate the identity of the person initiating the action, not to detect errors in any transmission or content. The Bank is not agreeing to any Security Procedures or other procedure for the detection of errors. You represent that for Mobile Deposit Service, you consider the Security Procedures to be commercially reasonable with respect to the size, type, and frequency of deposits you anticipate submitting.
With regard to your obtaining Mobile Deposit Service services under this Agreement, you must comply with the personal computer, check scanner and mobile device hardware, software, and other requirements, as well as applicable Security Procedures, as set forth in this Agreement and as set forth in any Documentation or any supplemental information and/or instructions provided by the Bank. The Bank reserves the right as encryption technology develops to impose further reasonable requirements to maintain the appropriate level of security for Mobile Deposit Service and transactions contemplated hereunder and you agree to abide by such requirements. Furthermore, you understand and acknowledge that if you do not implement and follow your own commercially reasonable hardware, software, physical access and physical storage security procedures regarding any of the data owned by you, which includes such data containing the sensitive personally identifiable information ("PII") of any individual, the security of your Mobile Deposit Service and/or the data owned by you (including sensitive PII) may be compromised. You understand, acknowledge and agree that installation, maintenance and operation of your personal computer or mobile device (hardware and software) and related security procedures that you adopt and follow, including, but not limited to, data security protection, firewalls and anti-virus software, is your sole responsibility, and that you are solely responsible for securing, encrypting, protecting and otherwise safeguarding the data owned by you.
You understand, acknowledge and agree that the Bank is not responsible for any loss or damages resulting from any errors or failures of your mobile device or data processing systems including, but not limited to any mobile device virus or malware attack (such as a keystroke logging program or similar malware), any attack by a person attempting or actually gaining unauthorized access to the data owned by you, or any Internet-related problems that may be associated with your access and use of our Mobile Deposit Service.
We assume no responsibility should you experience technical, network, or other difficulties while using the Mobile Deposit Service or any damages as a result of these difficulties.
6. Eligible Items
You agree to transmit only deposit items (checks) as defined in Federal Reserve Regulation CC and only those checks that are permissible specifically by the Mobile Deposit Service. When the image of the check transmitted to ANBTX is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not use the Mobile Deposit Service to transmit or deposit the following items:
Nothing in this mobile deposit agreement should be construed to require ANBTX to accept any check or item for deposit, even if ANBTX has previously accepted that type of item or check.
7. Image Quality
The image of a check or item transmitted to ANBTX using the Mobile Deposit Service must be legible. The image quality must comply with standards established by the American National Standards Institute (ANSI), or any higher standards set by ANBTX.
8. Endorsements and Procedures
You agree to restrictively endorse any item transmitted through the Mobile Deposit Service as "American National Bank of Texas, for mobile deposit only, account #______" or as otherwise instructed by ANBTX. You agree to follow any and all other procedures and instructions for use of the Mobile Deposit Service as ANBTX may establish from time to time. You understand and agree that returned deposit items may result in the Mobile Deposit Service being unavailable.
9. Receipt of Items
We reserve the right to reject any check or item transmitted through the Mobile Deposit Service, at our discretion, without liability to you. We are not responsible for checks or items we do not receive in accordance with this agreement or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive a confirmation from ANBTX that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item.
We further reserve the right to charge back to your Account, at any time, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an item.
10. Availability of Funds
You agree that items transmitted using the Mobile Deposit Service are not subject to the funds availability requirements of Federal Reserve Board’s Regulation CC. In general, if an image of an item you transmit through the Mobile Deposit Service is received and accepted before 6:00 p.m. Central Time on a Business Day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next Business Day we are open. Items that are deposited using the Mobile Deposit Service will not be deemed “received” by us until we have received an Electronic Image that meets all of the requirements for deposits via the Mobile Deposit Service stated in this Agreement and any supplemental documentation regarding the Mobile Deposit Service. Funds deposited using the Mobile Deposit Service will generally be made available within three (3) Business Days from the day of deposit. Longer delays may apply, ANBTX may make such funds available sooner based on factors at our discretion, including credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as ANBTX, in its sole discretion, deems relevant.
11. Disposal of Transmitted Items
Upon your receipt of a confirmation from ANBTX that we have received an image that you have transmitted, you agree to retain the check for at least thirty (30) calendar days from the date of the image transmission. After the requisite thirty (30) calendar days, you agree to destroy the check that you transmitted using the Mobile Deposit Service, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to ANBTX upon request.
12. Deposit Limits
We reserve the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using the Mobile Deposit Service and to modify such limits from time to time.
13. User Warranties and indemnification
You warrant to ANBTX that:
In addition to indemnification provisions contained elsewhere in this Agreement, you agree to indemnify and hold harmless ANBTX from any loss for breach of this warranty provision, or any other disputes, claims, or causes of action arising under your use of the Mobile Deposit Service.
14. Ownership and License
In addition to other intellectual property rights contained in this Agreement, you agree that ANBTX retains all ownership and proprietary rights in the Mobile Deposit Service, associated content, and technology. You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of the Mobile Deposit Service, including the Mobile or Tablet App. You may use the Mobile Deposit Service only for your own benefit. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Mobile Deposit Service. In the event that you attempt to use, copy, license, sublicense, sell or otherwise convey or to disclose the Mobile or Tablet App or any other part of the Mobile Deposit Service, in any manner contrary to the terms of this agreement, we shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions.
In addition to termination rights contained elsewhere in this Agreement, we may, in our sole discretion, terminate your Mobile Deposit Service effective immediately if: (i) there is an occurrence of a material change in your Account activity or other risk analysis criteria as determined by us in our sole and absolute discretion; (ii) we at any time determine that you (or your third party) does not meet our risk or other qualification requirements; (iii) we discover any willful misconduct (including but not limited to types of fraudulent activity) on your part or any other party with respect to Electronic Images submitted for deposit by you using the Mobile Deposit Service; (iv) you are in default of any terms of this Agreement where such default gives us the right to terminate, immediately or otherwise, or close your Account; (v) you have not used the Mobile Deposit Service for a period of time deemed to constitute an inactive service by us (in our sole discretion); or (vi) you are in default of any terms of the Agreement or any other agreement with us. In any of these events, you agree that our sole obligation shall be to provide notice of our termination of the Mobile Deposit Service to you, and that such notification will be reasonable if it is mailed to your statement mailing address immediately upon termination.
In the event of termination of the Mobile Deposit Service, your rights and responsibilities as well as ours, shall continue through any applicable settlement period, including your responsibility to pay us for the Mobile Deposit Service and with respect to transactions processed prior to the effective date of termination. If the Mobile Deposit Service is terminated by us, we may accelerate all amounts due and to become due, and you agree to promptly make full payment to us of all amounts due and amounts incurred by you through your use of the Mobile Deposit Service.
G. MoneyHD Service
1. Overview of MoneyHD
“MoneyHD” is a digital money management service that allows you to better manage your financial information by consolidating it in one place. Money HD uses proprietary technology to allow you to retrieve, view, track and organize financial information you have available at websites you designate, but all within one convenient service. When you use Money HD to access a third-party website you designate, you agree to the following terms.
2. Power of Attorney
You grant ANBTX and its Service Providers a limited power of attorney as provided below to access information at third-party sites on your behalf. Third-party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant ANBTX and its Service Providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third-party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the Services are not sponsored or endorsed by any third-party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN ANBTX OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD-PARTY SITES.
3. Aggregated Data
Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by us and our Service Providers to conduct certain analytical research, performance tracking and benchmarking. Our Service Providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
V. Additional Provisions Applicable Only to Consumer Accounts
A. Customer Liability for Unauthorized Transactions from Consumer Accounts
If ANBTX is contacted within 2 Business Days after discovery of the loss, theft, compromise, or unauthorized use of password, loss can be no more than $50.00 if Customer’s password was used without permission. If ANBTX is not contacted within 2 Business Days after discovery of the loss, theft, compromise, or unauthorized use of password, and ANBTX can prove the transaction could have been stopped if ANBTX had been notified, the loss could be as much as $500.00.
Also, if Customer’s periodic statement shows transfers that Customer did not make, contact ANBTX at once. If ANBTX is not notified within 60 days after statement receipt, Customer may not recover monies lost through transactions made after the 60th day if ANBTX can prove the loss could have been avoided if ANBTX had been timely notified.
If a good reason (such as a long trip or hospital stay) kept you from contacting ANBTX, time periods may be extended.
When you give someone your password, you are authorizing that person to use your services, and you are responsible for all transactions that person performs while using your services. All transactions that person performs even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.
Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
For your protection, sign off after every Online Banking session and close your browser to ensure confidentiality.
Note: These liability rules are established by Regulation E. Our liability policy regarding unauthorized debit card or ATM card transactions, and unauthorized Online Banking transactions on consumer deposit accounts may give you more protection, provided you report the transactions promptly. Please see the agreement you received with your ATM or debit card.
B. In Case of Errors or Questions about Transactions Involving Consumer Accounts
Contact ANBTX immediately, if you think Customer’s periodic statement or an ANBTX Account is incorrect, or if more information is needed about a transfer listed on the periodic statement or an ANBTX Account. ANBTX must be notified no later than 60 days after the FIRST periodic statement upon which the problem or error appeared was mailed.
ANBTX will need:
If request is made by telephone or by email, ANBTX may require the complaint or question in written form by postal mail or fax within 10 Business Days.
ANBTX will communicate the results of the investigation within 10 Business Days after we receive notification and will correct any error promptly. If more time is needed, ANBTX may take up to 45 days to investigate the complaint. If ANBTX decides to do this, provisional credit may be provided to the Account within 10 Business Days for the suspected error amount. If ANBTX requires the complaint or question to be provided in writing and does not receive it in written form within 10 Business Days, provisional credit may not be issued.
If no error was detected, a written explanation will be sent within 3 Business Days after investigation is completed. Copies of the documents used in the investigation will be provided upon request. If provisional credit was issued, a corresponding debit will be made from the Account.
VI. Additional Provisions Applicable Only to Business Accounts
If you are a corporation, partnership, limited liability company, association or some other form of business entity, we will issue one set of access codes to a company representative. It is your responsibility to ensure that access codes are provided only to persons you authorize. You represent to us that each company representative and anyone else using your access codes has general authority from your company to give us instructions to perform transactions using the Services.
Each person using your access codes will have the ability to:
A. Customer Liability for Unauthorized Transactions From Business Accounts
You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you or a company representative has given someone your access codes and want to terminate that person's authority, you must notify us that transactions by such a person are no longer authorized. We may have to change your access codes or take additional steps to prevent further access by such person.
Our system supporting the Services is designed so that it may be operated only upon entry of valid access codes. Since we condition access upon entry of valid access codes, we will accept instructions for payments or other transactions from any person using valid access codes. This is so even if the person obtaining access:
You agree to be bound by all transactions from any business account for which valid access codes were used. You authorize us to treat any instructions we receive using valid access codes as if the instructions had been made in writing and signed by the appropriate company representative. Unless there is substantial evidence to the contrary, our records will be conclusive regarding any access to, or action taken through, the Services. Notwithstanding the foregoing, we agree that you will not be responsible for transactions which occur after you have notified us to block the access codes that were used to perform the transaction, and we have had a reasonable opportunity to do so. Thus, the sooner you notify us of a problem, the better you can keep your losses down. ANBTX can be contacted as stated in Section III.C.
You agree to promptly examine all account statements and any confirmations of payments which we may send or make available to you, and to promptly notify us of any discrepancy or error within 14 days of receipt of any such statement or confirmation.
Call us at 1-800-837-6584 or write to us at The American National Bank of Texas, ATTN: Bank Employee Support Team, PO Box 40, Terrell, TX 75160 as soon as you can, if you think your statement is wrong or if you need more information about a transfer covered by this agreement which is listed on the statement.
B. Limitations on Our Liability in Connection with Business Accounts
We will make every reasonable effort to provide full performance of our online system, and on a timely basis to resolve disputes that may arise. We will only be responsible for acting on instructions that we actually receive. We cannot assume responsibility for any malfunctions or capacity reductions or other problems in your equipment or in public communications networks not under our control that may affect the accuracy or timeliness of transactions you perform. Our only liability is to correct errors within our control. We are not responsible or liable to you for any loss, damage or injury caused by our bill pay system. Neither will we be liable for any consequential, incidental, special, indirect or punitive loss or damage, including but not limited to dishonor of checks or other items or expenses which you may incur or suffer by reason of this agreement or the services we provide, whether or not the possibility or likelihood of such loss, damage, or expense is known to us.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES WE PROVIDE YOU UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
C. Security Procedures
By entering into this agreement and using our Online and Bill Payment Service to perform transactions from business accounts, you agree to comply with all of our present and future security procedures with respect to transactions and services covered by this agreement. This includes, but is not limited to, protection of access codes and other personal and business information. Our security procedures are contained in this agreement and in other written procedures we may provide to you.
ANBTX at its own discretion may issue and require the use of Token Security in association with the Services for use of identification authentication. In the event Tokens are issued, Tokens will be issued by ANBTX to users that are authorized by the Customer. Customer is responsible for safe keeping and authorized use of Tokens. Customer shall notify ANBTX immediately upon Token(s) being lost, stolen or misused using contact information as stated in Section III.C. Customer authorizes ANBTX to take all reasonably appropriate action with respect to lost, stolen, or misused Token(s) including but not limited to deactivation of the Services and Token(s). Customer shall be responsible for costs associated with new or replacement tokens. Customer authorizes ANBTX to disable Tokens not activated for more than 30 consecutive days from the date the tokens are received by the Customer. Each token has an expiration date (noted on the back of the token). Replacements may be issued to Customer within 60 calendar days prior to the expiration date.
Customer shall use reasonable efforts to enforce the terms associated with the Tokens. Customer shall be solely responsible for use regarding Tokens and any violations of the restrictions on use as set forth in this agreement. Customer agrees that in the event of any breach of the terms of this Access Agreement, Customer will indemnify ANBTX against claims and losses arising from Customer’s actions that cause ANBTX to be in violation of the terms of this Online Access Agreement.
Customer is strictly responsible to establish and maintain the procedures to safeguard against unauthorized transactions. Customer warrants that no individual will be allowed to initiate transfers in the absence of proper supervision and safeguards, and agrees to take reasonable steps to maintain the confidentiality of the security procedures and any log-on ID, PINs, passwords, codes, tokens, security devices and related instructions provided by ANBTX in connection with the security procedures. If Customer believes or suspects that any such information or instructions have been known or accessed by unauthorized persons, Customer agrees to notify ANBTX immediately followed by Customer’s written confirmation. The occurrence of unauthorized access will not affect any transfers made in good faith by ANBTX prior to receipt of such notification and within a reasonable time period to prevent unauthorized transfers.
Customer agrees that it, and not ANBTX, have control over their computer systems: accordingly, Customer assumes all liability related to connecting and securing telephone line to the proper computer as well as complete control over the physical security of their hardware. Customer is solely responsible for the accurate creation, modification, and deletion of the account information maintained on Customer’s personal computer and used for money transfer. Customer is solely responsible for access by its employees of the data files maintained on Customer’s computer.
You acknowledge receiving a copy in writing of our current security procedures in this agreement and other documents we may provide to you. You agree that our current security procedures are commercially reasonable in the context of your business operations. We may at any time change our security procedures. We may advise you of such changes to the extent they affect your use of transactions and services under this agreement, but failure to do so will not affect your obligations or our rights. You agree to give all of our security procedures the highest level of confidentiality and to ensure that no access codes are used by or accessible to anyone other than persons you have authorized.
Notwithstanding any security procedure, which may from time to time be in effect for detecting errors in transactions covered by this agreement, we have no duty to discover or report to you any such errors. Neither shall we be liable to you for the failure of such security procedure to detect such errors, regardless of the manner in which we apply such security procedures.
If you are a business entity or an individual performing transactions from a business account, you agree to indemnify us and hold us harmless from and against any and all claims, demands, expenses (including but not limited to reasonable attorney fees and costs), losses or damages claimed by any third parties (including but not limited to any Company representatives or other persons authorized to perform transactions) arising out of (i) any transactions or attempted transactions covered by this agreement from a business account or (ii) your breach of this agreement.