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This Online Banking Agreement and Disclosure (“Agreement”) describes your rights and obligations as a user of the Online Banking service or the Bill Payment service (“Services”).  It also describes the rights and obligations of (“Bank”).  Please read this Agreement carefully.  By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.

 

Definitions

 

The following definitions apply in this Agreement:

 

1. “Authorized Representative” refers to a person with authority (with respect to the account);
2. “Bill Payment” is the online service that enables the scheduling of bill payments using a personal computer;
3. “ISP” refers to your Internet Service Provider;
4. “Internet Banking” is the name of the Bank’s Internet Banking Service;
5. “IPay” refers to the third-party Bill Payment Service provider;
6. “Online Banking” is the internet-based service providing access to your Bank account(s);
7. “Online Account” means the Bank account from which you will be conducting transactions using a Service;
8. “Password” and “User ID” are the customer-generated codes selected by you after the initial sign-on, that establishes your connection to the Service;
9. “PC” means your personal computer which enables you, with the internet browser and ISP, to access your Online Account;
10. “Time of day” references are to Eastern Standard Time;
11. “We”, “us”, or “Bank” refer to Bank name which offers the Services and which holds the accounts accessed by the Services; and
12. “You” or “your” refers to the owner of the account or the authorized representative.

 

 

Access to Services    

 

The Bank will provide instruction on how to use the Online Banking and Bill payment services.  You will gain access to your Online Accounts through the use of your Internet-enabled device, your ISP, your Password, and your User ID.  You may access your Online Accounts 24 hours a day, seven (7) days a week.  However, availability of the services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.

 

For purposes of transactions, the Bank’s business days are Monday through Friday, excluding holidays and weekends.  All Online Banking transaction requests received after 4:00 p.m. on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank’s next business day.

 

Bank Transactions with Online Banking

 

Account Access. You may access all of your personal accounts online.  One of these accounts must be a primary checking account

 

Transfer of Funds. In addition to viewing account information, you may use Online Banking to conduct the transfer of funds.  You may make one-time transfers or schedule future or recurring transfers such as transfers to make loan payments.  You may transfer funds among our checking accounts, savings accounts, and money market accounts.

 

Note: Because regulations require the Bank to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:

 

• Savings Account – You can make no more than six (3) withdrawal transfers per QUARTER by preauthorized or automatic transfer or by telephone or Online Banking to avoid fees.
• Money Market Account – You can make no more than six (6) transfers per MONTH by preauthorized or automatic transfer or by telephone or Online Banking. Please note:  If there are not sufficient funds in the account, we cannot complete this transfer.  However, future recurring transfers will be not impacted.

 

There is no limit on the number of transactions you may make in the following manner: (a) transfers to any loan account with the bank; or (b) transfers to another bank account of yours or withdrawals when such transfer or withdrawal is initiated in person, by mail, or at an ATM.

 

Additional Services.  New services may be introduced for Online Banking from time to time.  The Bank will notify you of the existence of these new services.  By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

 

 

Schedule of Fees

 

The Bank offers the benefits and convenience of Online Banking and Bill Pay to you free of charge.

   

Statements

 

You will continue to receive your regular account statement by mail unless you choose to receive on-line statements.

 

Use of Your Security Password

 

You are responsible for keeping your password and Online Account information confidential.  In order to protect yourself against fraud, you should adhere to the following guidelines:

 

• Do not give out your account information, Password, or User ID;
• Do not leave your PC unattended while you are in the Bank’s Online Site;
• Never leave your account information within range of others; and
• Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.
• Always remember to log out of your account when finished.

 

If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Bank immediately at (432) 426-3211 between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.  Telephoning the bank is the best way of minimizing your losses and liability. (See Section XII)

 

If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking section of the Web site to change your password or you may call the bank at (432) 426-3211 to have your password reset.

 

Electronic Mail (E-mail)

 

If you send the Bank an e-mail message, the Bank will be deemed to have received it on the following business day.  You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur. 

If you are using a ‘Spam Blocker’ with your e-mail program, be sure and add the institution’s email address to your “Friends” list.

NOTE: E-mail transmissions outside of the Online Banking site are not secure.  We advise you not to send us or ask for sensitive information such as account numbers, Password, account information, etc. via any general or public e-mail system.  If you wish to contact us electronically, please use the e-mail link provided on our Online Banking site.  Use this secure form to e-mail the Bank regarding inquiries about an electronic funds transfer error resolution, reporting unauthorized transactions, or contacting the Bank regarding other concerns of a confidential nature.

 

Linked Accounts

 

All accounts with the Bank that you enroll in a service will be linked by the tax identification numbers of the persons authorized to access the account.  The linked accounts will appear together without regard to the ownership of the accounts.  For example, if an authorized user of a linked account accesses the Service, that authorized user will be able to view and access at a single time the following accounts:

 

• the accounts of the business for which that person is an authorized user;
• the accounts of any other business for which that person is an authorized user; and
• any consumer accounts for which the person is a co-owner or authorized signer.

 

Business Accounts

 

If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:

 

• enter into this Agreement, as amended from time;
• access each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and
• use any Online banking service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.

 

Term and Termination

 

Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.

Termination for Cause.  We may immediately terminate your electronic banking privileges (including Bill Pay) without notice to you. We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.

 

Termination for Convenience. To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s).  When Bill Pay is terminated, any prescheduled bill payments made through Online Banking will also be terminated. You may notify the Bank by one of the following methods:

• By calling (432) 426-3211
• By writing a letter and either sending it to the following address: Attention: Online Banking, Fort Davis State Bank, P.O. Box 1808, Fort Davis, TX 79734, or giving it to a Customer Service Representative at any of the Bank’s locations.

 

We may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period.  If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

 

 

Liability

 

Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability.  In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts.  Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement.  We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.

 

We will not be liable to you in the following instances:

 

1. If through no fault of the Bank, you do not have enough money in your account to make the transfer.
2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
5. If your transfer authorization terminates by operation of law.
6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
7. If you have not properly followed the instructions on how to make a transfer included in this Agreement.
8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.

 

IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

 

 

Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account.

 

Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Microsoft (Internet Explorer browser), or others, by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.

 

Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter.  We suggest that you routinely scan your PC using a virus protection product.  An undetected virus may corrupt and destroy your programs, files, and your hardware.

 

General Terms and Conditions

 

Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts.  Your use of the Online Banking Service or Bill Pay is your acknowledgment that you have received these agreements and intend to be bound by them.  You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement.  We will automatically deduct the fees related to this Service, if any, from your Bill Payment Account each month.

 

Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time.  We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent.  The revised terms and conditions shall be effective at the earliest date allowed by applicable law.  We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

 

Assignment. We may assign this Agreement to any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party’s prior written consent.

 

Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.

 

Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:

• Where it is necessary for the provision of Online Banking and for completing transfers;
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
• In order to comply with government or court orders, or other reporting requirements;
• If you give us your permission, which we may require in written form;
• It is necessary for the security purposes of our service providers, our servicing agents and/or contractors providing our Services; and
• As explained in the Fort Davis State Bank Privacy Policy (see our Home page for a link to our Privacy Policy.)

 

Governing Law. This Agreement is governed by the laws of the State of Texas and applicable federal law.

 

Mobile Device Security

 

Users who use mobile banking applications on their mobile devices should be aware of the potential associated risks. Mobile devices are very small and lightweight making physical access one of those risks. A mobile device is very easily left behind at an airport for example, or can be very easily stolen. Even when a device is password protected, hackers can use data retrieval software to obtain the information needed to hack the device. Mobile devices are also vulnerable to malicious codes. Although mobile devices are not subject to the same drive by downloads as PC’s, they are still vulnerable to mobile malware Trojans. Mobile ads are increasingly being used for mobile device attacks. Mobile users should be aware of the risks associated with using a mobile device specifically when it comes to the potential to have online banking information or credentials exposed.

 

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (COPPA) was passed to give parents increased control over what information is collected from their children online and how such information is used. The law applies to websites and services directed to, and which knowingly collect information from, children under the age of 13. The Bank’s websites and online services are not directed to children under the age of 13, nor is information knowingly collected from them. For additional information on COPPA protections, link to the Federal Trade Commission’s website at http://www.onguardonline.gov/articles/0031-kids-privacy.”

 

 

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