Electronic Banking Agreement This Agreement and Disclosure provides information about the Bank OnLine, Bill Pay and 24-Hour Bank-By-Phone services offered by American Bank, and contains the consumer disclosures required by the Electronic Funds Transfer Act. Bank OnLine, Bill Pay, 24-Hour Bank-By-Phone, mobile banking and all related services are sometimes referred to collectively as "Service" or "Services." TThis Agreement applies to both Consumer Users and Commercial Users of the Services. A Consumer User is defined as an individual using the Services primarily for personal, family and household purposes. While the Services for both Consumer and Commercial Users are substantially similar, certain procedures, fees and charges, provisions and disclosures contained in this Agreement may apply differently depending on user type. American Bank reserves the right to review how the Service is being used and to classify Users as Commercial or Consumer depending upon such use. For the purpose of this document, "I," "me," "my" and "mine" shall refer to each Depositor who signs up for or uses Bank OnLine, Bill Pay, 24-Hour Bank-By-Phone and/or mobile banking . "You," "your,” "American Bank" or “the bank” shall refer to American Bank N.A., the financial institution at which the Depositor has the account(s) accessed through Bank OnLine, Bill Pay 24-Hour Bank-By-Phone and/or mobile banking. All references to time of day in this Agreement refer to Central Time. All references to checking accounts refer to demand deposit accounts, as defined in any Deposit Account Agreement. The term "User Access Code" or "User Access Codes" shall mean collectively any User ID, User Name, Customer Access Code, Password, Personal Identification Number or PIN, or other user identification measures. Business Day When I use your Services or permit any other person to use your Services, I agree to the terms and conditions set out in this Agreement and any instructional material that you provide me regarding the Services. My use of the Services may be accomplished through certain numbers, codes, marks, signs, public keys, challenge questions or other means of establishing my identity and acceptance of the electronic communications that are satisfactory to American Bank. All electronic communications that meet these requirements will be deemed valid and authentic and I intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. I agree that electronic copies of communications are valid and I will not contest the validity of the originals or copies, absent of proof of altered data or tampering. This Agreement and Disclosure and all amendments thereto may be viewed or printed as a hard copy via the Internet at www.americanbank.com or, a hard copy will be provided to me upon request by calling Customer Service at 1-800-257-8316, or by writing American Bank, Attention: Customer Service, P. O. Box 6469, Corpus Christi, TX 78466-6469. Other Agreements with the Bank Waiver of Requirement for Two or More Signatures Electronic Access to Overdraft Protection Sources |
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Bank OnLine Service Bank OnLine is an electronic banking service. I may access Bank OnLine through American Bank's web page on the Internet, at www.americanbank.com or through mobile banking via the use of a mobile phone. I may use Bank OnLine virtually any time, day or night, 7 days a week. However, Bank OnLine may be temporarily unavailable due to American Bank's maintenance, equipment failures or Internet service interruptions. I understand that Internet service provided through third-parties may be subject to service interruptions, and American Bank cannot guarantee availability of Bank OnLine. I further understand that in order to use Bank OnLine, I must have at least one Eligible Account (deposit or loan) with American Bank. If I have more than one Eligible Account with American Bank, my accounts can be linked upon request. Eligible Accounts which are "linked" under Bank OnLine will have at least one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Non-linked accounts will not be accessible under a single access credential through Bank OnLine. Eligible Accounts (those that I may request access to through the Bank OnLine service) are the following American Bank personal or business account types:
In addition, I may enroll in and use other online financial services as they are available, “Online Financial Services" means each of the variety of products and services I may access or enroll in through the Bank OnLine and other related services, including, without limitation, the Mobile Banking Service. Not all of the products and services available through the online financial service may be available through the Mobile Banking Service. It also includes any product or service with a separate agreement that incorporates this Agreement by reference. Detailed instructions for use of Bank OnLine are available through online help. Use of Bank OnLine Service The bank may, from time to time, introduce new features to the Service or eliminate features from the Service. When this happens, you will update your website accordingly. I agree and understand that I am solely responsible for acquiring and maintaining a computer or other electronic device that can handle and access Bank Online (including the necessary equipment or other services), and that I am responsible for all costs associated with accessing Bank Online and my Eligible Accounts. Bank OnLine Access Codes Bank OnLine Features
Bill Pay Service Bill Pay allows me to schedule bill payments electronically. Subject to any regulatory or bank-imposed limitations on usage, I can arrange for the payment of my bills from an American Bank checking account. Access to Bill Pay is made available pursuant to a license agreement by and between American Bank and its current third-party provider. Any interruption of service or access caused by the third-party provider will prevent my use of the service. Detailed instructions for use of Bill Pay are contained in the online help menus available while using Bill Pay. Designation of Account(s) I may have multiple designated Bill Pay Accounts, but each one must have its own payee list. Transaction Modes If I designate a payment with a “send on” date of today's date, sufficient funds must be available on the day and at the time I request the payment. Bill payments with today's date as the “send on” date may not be canceled or changed for any reason once I have ended a Bill Pay session, as funds are immediately deducted from my Bill Pay Account. I may, however, edit or delete the payment up until I terminate my Bill Pay session. Bill payments can also be scheduled with a “send on” date in the future, up to 364 days in advance of the bill payment date. Sufficient funds must be available at the time the payment is processed on the “send on” date entered by me. These transactions with a future “send on” date may be canceled or changed until midnight of the day before the bill payment date. If I designate a bill payment as a "recurring" transaction, I may request, and American Bank will use, a “send on” date that reoccurs on a specified regular basis (i.e., weekly, bi-weekly, monthly, etc). I will designate a "send on" and "last send" date. Sufficient funds must be available at the time the payment is processed on the “send on” date entered by me. "Recurring" transactions may be canceled or changed until midnight of the day before the bill payment date. Recurring transactions can be scheduled to occur for up to forty (40) years. Transaction Processing I must allow sufficient time (according to the “deliver by” date, as indicated) for Bill Pay to receive my request and process the bill payments so that the funds can be delivered to the payee before the payment due date, or for mortgage payments, on or before the due date (the due date shown on my invoice or provided in my agreement with the payee, not taking into account any grace period provided by the payee). If I do not allow sufficient time, I will assume full responsibility for all late fees, finance charges, or other actions taken by the payee. If I properly schedule my payment with sufficient time, and the payment is not received by the payee, or is received late, the third-party provider will assume responsibility for any late fees or finance charges, if I notify Bill Pay Customer Service of such late fees or finance charges within a reasonable time. The entire process for initially setting up the relationship between a user and a new payee, including the issuing of pre-notifications, may take up to three (3) business days, however, in most instances payments can be scheduled immediately. American Bank is responsible only for exercising ordinary care in making payments upon my authorization and for mailing or sending a payment to the designated payee. American Bank is not liable in any way for damages I incur if: I do not have sufficient funds in my account to make the payment on the “send on” date; the estimate of time to allow for delivery to the payee is inaccurate; there are mail delivery delays, changes of merchant address or account number; any merchant fails to account correctly for or credit the payment in a timely manner; or for any other circumstances beyond the control of American Bank. If a payment is made through use of Bill Pay with insufficient funds in my account on the “send on” date, I may be subject to a non-sufficient funds fee pursuant to the terms of the Deposit Account Agreement governing the account and American Bank's Funds Availability Disclosure. I must keep Bill Pay Customer Service aware of any changes in my current home or business phone numbers and addresses or e-mail address, as applicable. I am responsible for monitoring the Bill Pay activity to verify that I did not have a payment that was not processed due to insufficient funds in my account. If a payment is not processed due to insufficient funds, the payment will be automatically retried the following business day. If the payment fails again, an "F" on the Bill Pay Activity screen will indicate failed transactions. If I do have a payment that failed because of insufficient funds in my account, I am responsible for either making alternate arrangements for the payment or rescheduling the payment through Bill Pay. Canceling or Modifying Bill Pay Authorized Payments In order to request a cancellation of a payment or change a Bill Pay transaction designated with a future bill payment date or a "recurring" date, I must use Bill Pay and follow the instructions provided to me. I must cancel the payment using Bill Pay by midnight of the day before the scheduled processing day. If Bill Pay is not accessible, however, I understand you will only accept a verbal or written notice to cancel a Bill Pay transaction if it relates to a payment designated as "recurring" or with a future payment date. I understand that this notice is acceptable only if it is received at American Bank Bill Pay Customer Service, 7600 Colshire Drive, McLean, VA 22102 or (877) 632-9222 no later than three (3) business days before the scheduled date of the payment. If I call, you may also require me to put my request in writing and get it to you within fourteen (14) days after I call. If the payment was designated as "recurring," the notice must detail whether the cancellation applies to only one of the recurring transactions or all transactions in the recurring stream. There may be a fee associated with canceling a payment. Limitations on Bill Pay Services
No Duty to Monitor Bill Pay Payments 24-Hour Bank-By-Phone Service Access Code Management Designation of Transfer Accounts General Provisions Acceptance of Terms and Conditions E-mail
Under NO circumstances will an employee of American Bank or its third-party provider request my User Access Codes via the Internet or any other type of contact. I will NOT respond to such a request even if the individual claims to represent American Bank, its third-party provider or any subsidiary thereof. Virus Protection Equipment and Technical Requirements As browsers are updated over time, older versions may not function effectively for American Bank Internet Services. It is my responsibility to upgrade my browser, when it becomes apparent it is needed, to ensure that I can continue to access Bank OnLine. I also understand that use of a current browser with vendor recommended security patches is considered a best security practice. Authorization To Charge Accounts I authorize you to process bill payments and to transfer funds according to the instructions you receive if the instructions are received using my User Access Codes for Bank OnLine, Bill Pay and/or 24-Hour Bank-By-Phone. I authorize you to initiate any reversing entry or reversing file, and to debit my accounts at American Bank or elsewhere, in order to correct any mistaken credit entry. I understand that if a bill payment or transfer request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary. Further, American Bank and other financial institutions to which a bill payment or transfer request is forwarded may rely on any American Bank identification number supplied by me as a means to identify any other American Bank, even if the identification number is different than the American Bank named by me. My obligation to pay the amount of the bill payment or transfer to American Bank is not excused in such circumstances. When any payment or other on-line service generates items to be charged to my account, I agree that you may debit my designated account or the account on which the item is drawn without requiring my signature on the item, and without prior notice to me. Designated accounts are referred to as Eligible Accounts, Bill Pay Accounts or a Transfer Group throughout this Agreement, depending upon the type of service involved. Security Procedures If I use Quicken Online or QuickBooks Online services, disclosure of my access credentials to them is at my sole discretion. The bank will not be liable for any compromise of my access or account information as a result of my disclosure. For Bill Pay, Bank OnLine and 24-Hour Bank-By-Phone, default User Access Codes will be provided to me for security purposes. I understand that such default User Access Codes will be used only the first time I access the Service, and I will then define new User Access Codes for each service. For 24-Hour Bank-By-Phone service, an Access Code is needed for each account, so I will be asked to change the default Access Code on the first access of each of my accounts. The User Access Codes are confidential and should not be disclosed to third parties. Calls from any kind of cellular, wireless or cordless phone can be monitored by unauthorized persons, allowing access to bank accounts. These types of telephones must be used with caution for any confidential conversation or purpose, including 24-Hour Bank-By-Phone access. I represent that I have considered the security procedures relating to the Services and find that the security procedures are commercially reasonable for verifying that a bill payment, transfer or other communication purporting to have been issued by me is, in fact, mine. In reaching this determination, I have considered the size, type and frequency of bill payments, transfers or other communications that I anticipate issuing to American Bank. If I decide that the security procedures relating to the Services are not, in my judgment, commercially reasonable, I must inform you in writing within 30 days of such decision. If the size, scope, type or frequency of my bill payments and transfers change, and the result is that the security procedures cease to be commercially reasonable, I must also inform you of this in writing within 30 days. Consent to Electronic Communications Change in Terms Release of Liability for Loss or Erroneous Data The bank shall be liable only for material losses which are the direct result of its own negligence or intentional misconduct in performing these services. You shall have no liability for failure to perform any Bank OnLine, Bill Pay, Mobile Banking or 24-Hour Bank-By-Phone services or for any disruption or delay in performing said services in the event such failure, disruption or delay is due to circumstances beyond your reasonable control (including, but not limited to, failure or disruption of electronic power, computer equipment, telecommunications systems, your Internet service provider or weather conditions). The bank shall have no liability to me for any consequential, special, punitive damages or indirect loss under any circumstances, except to the extent that you are liable under this agreement. Performance of Software and Electronic Service and Warranty Disclaimer AMERICAN BANK SHALL HAVE NO LIABILITY TO ME FOR ANY DAMAGE OR OTHER LOSS, DIRECT OR CONSEQUENTIAL, WHICH I MAY INCUR BY REASON OF MY USE OF MY COMPUTER SYSTEM, INTERNET SERVICE PROVIDER OR TELEPHONE SERVICE. Indemnification Changes/Interruptions in Services Termination Governing Law Other Conditions Provisions Relating to Consumer Users Only Liability for Unauthorized Transfers Also, if my statement shows transfers that I did not make, including those made by User Access Codes or other means, I will tell you at once. If I do not tell you within 60 days after the statement was mailed to me, I may not get back any money lost after the 60 days if you can prove that I could have stopped someone from taking the money if I had told you in time. If a good reason (such as a long trip or hospital stay) kept me from telling you, the time period will be extended. Contact in the Event of Unauthorized Transfers In Case of Errors or Questions About Your Electronic Funds Transfers
If I tell you orally, you may require that I send you my complaint or question in writing within ten (10) business days. The bank will determine whether an error occurred within ten (10) business days after you hear from me and will correct any error promptly. If, however, more time is needed, the bank may take up to forty five (45) days to investigate my complaint or question. If the investigation is extended past the 10th day, the bank will credit my account within ten (10) business days for the amount I think is in error, so that I will have the use of the money during the time it takes the bank to complete its investigation. The bank may request that I submit my complaint or question in writing. If I fail to do so within ten (10) business days, the bank may not credit my account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, the bank may take up to ninety (90) days to investigate my complaint or question. For new accounts, the bank may take up to twenty (20) business days to credit my account for the amount I think is in error. The bank will tell me the results within three (3) business days after completing its investigation. If the bank determines that there was no error, I will be notified in writing. I may ask for copies of the documents that were used in the investigation. Liability for Failure to Cancel a Bill Pay Payment Liability for Failure to Make Transfers
There may be other applicable exceptions or defenses available through contract, statute, common law, regulation or standard banking practices. Disclosure of Account Information to Third Parties
Provisions Relating to Fees and Charges Monthly Service Fee Contact Cash Management at (361) 653-5080 or by email at cashmanagement@americanbank.com for fees assessed for business banking services accessible through Bank Online. Transaction Fees For detailed information regarding transaction fees, please refer to the Schedule of Fees and Service Charges for your account. |