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Internet Banking Agreement

A. GENERAL TERMS

American Bank of Texas ("ABT") endeavors to provide you with the highest quality Internet Banking available. These terms and conditions apply to online services (the "Services") that ABT offers to its customers. The Services described elsewhere on the ABT site are subject to these terms and conditions.

Other Agreements. These terms and conditions are in addition to any other agreements you may have with ABT, such as the deposit agreement for your accounts.

Availability of the Services. ABT will use reasonable efforts to make the Services available to you on a continuous basis, unless a description of a Service provides otherwise. There may be times when one or more of the Services are not available due to scheduled maintenance, an unexpected software or hardware failure, or because of circumstances beyond our control. Our scheduled maintenance occurs during low usage periods. All of the Services are provided as a convenience for our customers, but we may need to change, suspend, or discontinue part or all of the Services if circumstances require. ABT DOES NOT WARRANT TO YOU THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR FREE. WE ALSO DISCLAIM ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE.

Your Access to the Services. You will need to provide your own computer system and internet service in order to access the Services. We utilize standard security technology, such as SSL (secure socket layer) to protect the confidentiality, integrity and security of transmissions to and from our computer systems. However, you should be aware that no computer system is completely immune to vulnerabilities. You should use available antivirus software and take other precautions when you use the Services to protect your information and computer systems.

System Requirements. You are responsible for maintaining the following system requirements:

  • 128 MB RAM
  • 200 MB available hard-disk space
  • MS Internet Explorer 7.0 or higher, or equivalent with 128-bit encryption level
  • Adobe Acrobot reader version 9.0 or higher will be needed to view Electronic Statements. (Download for free at www.adobe.com)

Passwords. A Service may allow you to create or be assigned a password. You are responsible for keeping the password secure. If you allow someone to use your password, you are responsible for any activity conducted by that person, even if you did not authorize it. If your password is compromised or you believe there is a likelihood that it has been compromised, you should contact us immediately to request a new password and then monitor your account for any unauthorized transactions.

Account Records. The transaction and account records that are maintained by ABT in its banking systems are the official records of your accounts for all purposes. The records reflected online may be subject to delays or errors in posting transactions. If it is important for you to verify matters such as funds availability or similar matters, please contact us directly by telephone or making an inquiry in writing.

Limitation of Liability. By using the Services, you agree that:

  • If ABT makes an error in providing a Service, your remedy is for ABT to re-perform the Service.

  • If the ABT error causes you damage, ABT will be responsible only for those damages directly caused by it and only to the extent provided by applicable law.

  • UNLESS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, ABT WILL NEVER BE LIABLE FOR AMOUNTS IN EXCESS OF YOUR ACTUAL DAMAGES, AND YOU AGREE THAT ALL CONSEQUENTIAL, SPECIAL, AND PUNITIVE DAMAGES ARE DISCLAIMED AND MAY NOT BE RECOVERED BY YOU.

  • Resolution of Disputes. You agree that if there is a dispute between you and us concerning the Services, we will first attempt to resolve the dispute by agreement or through a mediation process. If the dispute cannot be settled, then you agree:

  • THE DISPUTE WILL BE DETERMINED BY A NON-JURY TRIAL; AND

  • THE TRIAL WILL BE CONDUCTED IN SHERMAN, TEXAS

Entire Agreement. These terms and conditions express the agreement between you and ABT concerning the Services. The agreement can be amended or changed by ABT at anytime with notice provided to you. Law. This Agreement is governed by Texas law and applicable U.S. federal law.

B. BILL PAY SERVICES

By making a request to ABT and using the Bill Pay Service, you agree to these terms and conditions. Service Definitions. The following definitions apply to the Bill Pay Services:

  • "Billing Account" is the checking account from which all Service fees will be automatically debited.
  • "Business Day" is every Monday through Friday, excluding holidays observed by ABT.
  • "Due Date" is the date reflected on your Payee statement for which the payment is due.
  • "Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
  • "Payment Account" is the checking account from which bill payments will be debited.
  • "Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
  • "Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
  • "Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

Payment Scheduling. Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee 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 should be prior to any late date or grace period.

Due to circumstances beyond the control of ABT or its bill pay service provider, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to the account you are paying. ABT will bear no responsibility for any late payment related charges should a payment post after its Due Date.

Payment Authorization and Remittance. By providing ABT and its bill pay service provider with names and account information of Payees to whom you wish to direct payments, you authorize ABT and its bill pay service provider to follow the Payment Instructions that it receives through the payment system. In order to process your payments, ABT or its bill pay service provider may edit or alter payment data or data formats in accordance with Payee directives.

When the Service receives a Payment Instruction, you authorize ABT and its bill pay service provider to debit your Payment 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 ABT and its bill pay service provider to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.

ABT will use commercially reasonable efforts to make all your payments properly. However, ABT and its bill pay service provider shall incur no liability if ABT or its bill pay service provider is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

If your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account; You have not provided the Service with the correct Payment Account information, or an accurate Payment Instruction; or Any conditions outside of the control of ABT or its bill pay service provider. Provided none of the foregoing exceptions are applicable, if ABT or its bill pay 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 Payee which does not comply with your Payment Instructions, ABT or its bill pay service provider will return the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

Payment Methods. ABT and its bill pay service provider reserve the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

Stop Payment Requests. ABT's ability to process a stop payment request will depend on the payment method and whether or not a payment has cleared. ABT 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 ABT Customer Service. Although ABT will take reasonable steps to accommodate your request, ABT will have no liability for failing to do so. ABT may request that you document a stop payment request in writing. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

Prohibited Payments. You may not use the Service to make payments to Payees outside of the United States or its territories.

Exception Payments. Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall ABT be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee does not apply to exception payments. ABT has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of ABT.

Bill Delivery and Presentment. A payee may offer presentment of electronic bills. However, such an arrangement is your sole responsibility, and if you elect to do so, you also agree to the following:

Information provided to the Payee - ABT cannot update or change your personal information with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill.

Activation - Upon activation of the electronic bill feature, ABT or its bill pay service provider may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.

Notification - ABT and its bill pay service provider will use commercially reasonable efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service 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 and to take action if a Payee does not deliver an electronic statement. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Payee 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 Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. ABT or its bill pay service provider will notify your electronic Payee(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. ABT will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Accuracy and dispute of electronic bill - ABT is not responsible for the accuracy of your electronic bill(s). ABT's sole responsibility is to present the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. These terms and conditions do not alter your liability or obligations that currently exist between you and your Payees.

C. E-Statements

By making a request to ABT and using the E-Statements Service, you agree to these terms and conditions concerning E-Statements.

Request for Service. ABT may request that you submit a form or other acknowledgement that you want to receive E-Statements. Your can discontinue receiving E-Statements at any time provided that your request is received by ABT in writing and ABT has a reasonable time to respond to the request.

Designation of Accounts. You will designate the accounts for which you wish to receive E-Statements in the manner provided by ABT. You may add accounts to, or remove accounts from, the E-Statements Service at any time by notifying ABT in writing and we will comply with the request within a reasonable time.

E-Statements Service. For each designated account, ABT will provide to you an account statement that lists account deposits, withdrawals, debits, and balances in electronic form, as well as (if included as part of the regular statements) images of checks, deposit slips and similar items ("E-Statements"). ABT will provide the e-statements on a monthly basis for checking accounts and quarterly for savings accounts. Upon initiating the E-Statements service, ABT will discontinue sending you the account statements by regular mail.

Your Email Address. You are responsible for the use of the Service and your email. If your email address changes, you agree to notify us. ABT is not responsible for E-Statement notices that are not delivered because you have discontinued use of the designated email address, or because of other actions taken by you, your internet service provider, or for any other reason outside of the control of ABT. We may discontinue the E-Statements Service at any time, in which case your bank statements will be sent to the postal mailing address that we have on file for the account. Please note you should not use the "reply" function of your email system to provide notice to us. Notices to ABT may be sent to: ebank@abtexas.com.

Electronic Legal Notices. To the extent permitted by law, you agree that ABT may send you legal notices regarding your account agreement for accounts that are subscribed to this Service and for notices that are sent to our customers generally. We may elect to send these notices by postal mail instead of email or may provide them to you via our Internet Banking system. Using this Service is an additional convenience for you, and does not modify any existing deposit or other agreement between you and the Bank except as expressly stated in this form. By accepting this agreement you represent that (i) for a personal account, all the account signatories to the account consent to the electronic delivery of statements, and (ii) for a business account, the person accepting this form has the authority to effect this form on behalf of the business. The relationship between you and the Bank concerning the Service is governed by the laws of the State of Texas.

D. MOBILE BANKING

By making a request to ABT and using the Mobile Banking Service, you agree to these terms and conditions concerning Mobile Banking.

Mobile Banking Service. ABT may request that you submit a form or other acknowledgement that you want to use Mobile Banking. This Service allows you to check your account balances and history, transfer funds between accounts, make loan payments, and research transactions. If after requesting this Service, a banking transaction is initiated by the use of your mobile device, you agree that we may rely upon that communication and act upon it to complete the transaction as directed.

Device Compatability. ABT provides this Service as a convenience. While many devices can use this Service, not all wireless devices will be able to do so. You also acknowledge that equipment and software used in these devices change over time, and so the Service may not be available at all times or may have to be suspended or discontinued for a device that at one time was able to access the Service. While ABT will use reasonable efforts to make the Service compatible with mobile devices, you agree that we have no obligation to provide the Service with respect to any particular wireless mobile device.

Information. Banking information that is available through the Mobile Banking Service may not include all account transactions. Please see "Account Information" in the General Terms above. Additionally, you acknowledge that the banking information may not be formatted in the same manner as it is displayed on a computer or in statements due to screen size and software requirements. For any third party information that is made available through the Service (such as stock quotes), the information is presented "AS IS." We do not warrant its accuracy or dependability, we have no responsibility for such information, and you use it at your own risk.

Security. Consistent with our privacy and data security policies, we will use reasonable means to secure the information that is sent to you through the Mobile Banking Service. However, wireless communications are capable of being intercepted, and our reasonable security measures may be defeated by third parties. Moreover, your use of mobile devices may provide an opportunity for others to view your banking information on your device. You agree that use of the Service may present these and other additional security risks, and you agree to assume these additional risks and acknowledge that ABT has no responsibility for the wrongful or criminal acts of third parties or your negligence in using the service.

You may request a paper copy of your statement from the bank by calling (903)893-7555 or by a written request to American Bank of Texas, 2011 Texoma Parkway, Sherman, Tx 75090.*

  • Fees may apply