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The following provisions apply to Bank OnLine, Bill Pay and 24-Hour Bank-by-Phone services.
Acceptance of Terms and Conditions I will be required to submit certain forms as requested by American Bank to acknowledge that I have read and accept any and all terms and conditions of the Service(s). Such forms may be found on the Internet at www.americanbank.com. For personal accounts, submission of forms over the Internet will qualify as my signature on such document(s). At other times, an actual physical signature may be required by you to verify ownership. For commercial accounts, an actual physical signature of an authorized signer on the account will always be required.
E-mail E-mail transmissions other than those I create within the Bank OnLine or Bill Pay sites are not secure. Therefore, you request that I do not send you or ask you for sensitive information such as account numbers, User Access Codes, financial information, etc. via any general or public e-mail systems. If I wish to contact you electronically, I will use the secure mail facility forms provided in your Bank OnLine or Bill Pay sites for e-mails concerning the following types of inquiries:
- electronic funds transfer error resolution
- reporting unauthorized transactions
- other concerns of a confidential nature
Under NO circumstances will an American Bank or ORCC employee 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 or ORCC or any of their subsidiaries.
Virus Protection American Bank is not responsible for any electronic virus or viruses, spyware or Trojan horses that I may encounter. American Bank suggests that I routinely scan my PC and diskettes using a reliable virus protection software product to detect and remove any viruses found. An undetected or unrepaired virus may corrupt and/or destroy my programs, files and even my hardware.
Authorization To Charge Accounts I authorize you to charge my Eligible Account(s), Bill Pay Account(s) or any account within a Transfer Group for any transactions accomplished through the use of Bank OnLine, Bill Pay or 24-Hour Bank-By-Phone, including the amount of any bill payment or transfer that I make, and any charges or fees for the service. I authorize any person who uses my User Access Codes to accomplish any transaction that I may do myself. I authorize you to overdraw my account in order to pay any fees or charges, when I do not have sufficient funds available in my account.
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 I am responsible for the safekeeping of the User Access Codes. In order to maintain secure communications and reduce fraud, I agree to protect the security of my User Access Codes, numbers, codes, marks, signs, public keys, responses to challenge questions or other means of identification. I agree not to disclose or otherwise make the User Access Codes available to anyone not authorized to sign on my accounts. You reserve the right to block access to the Services to maintain or restore security to your Web Site and systems, or if you reasonably believe my User Access Codes have been or may be obtained or are being used or may be used by an unauthorized person(s).
For Bill Pay, Bank OnLine and 24-Hour Bank-By-Phone, a default User Access Code 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 Bill Pay or 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.
Electronic Communications I may from time to time provide you with an electronic address to which electronic communications may be sent to me by the Bank. If I do, I agree that the Bank may send to me, by electronic communication, any information that is required by state or federal law or regulation to be sent to me in writing, provided such electronic communication does not violate the applicable laws and regulations. The term "electronic communication" means a message transmitted electronically in a format that allows visual text to be displayed on equipment such as a personal computer monitor.
Change in Terms You will mail, e-mail or deliver a written notice to me at least 21 days before the effective date of any change in a term or condition in this Agreement and Disclosure made by you, if the change would result in increased fees or charges, increased liability for me, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law. Any other change in a term or condition in this Agreement and Disclosure made by you shall be effective immediately by your mailing, e-mailing or delivering a written notice to me. American Bank's web site, located on the Internet at www.americanbank.com, should be visited regularly to obtain important information concerning use of the Services.
Release of Liability for Loss or Erroneous Data
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, ISP OR TELEPHONE SERVICE.
Changes/Interruptions in Services You may on a regular basis perform maintenance on the equipment or system, which may result in interrupted service. You also may need to change the scope of the Services from time to time. You will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. If access to the Services is interrupted or unavailable through use of my personal computer and modem, I may use a touch-tone telephone to obtain access, provided the system itself is available.
Performance of Software and Electronic Service and Warranty Disclaimer In no event will you or your officers, directors, employees or agents be liable to me for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use the Services, or for any loss of any data, even if you have been informed of the possibility of such damages. YOU MAKE NO WARRANTY, EXPRESS OR IMPLIED, TO ME REGARDING MY EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Termination Either you or I may terminate this agreement and any service provided hereunder at any time upon giving at least ten (10) day's prior written notice of termination to the other party, unless there is no access or activity on Bank OnLine or Bill Pay for a period of 90 or more days, whereupon you may cancel such service without notice thereby requiring me to re-register for such service(s). Once you have acted upon my termination notice, you will make no further transfers or bill payments from my Eligible Account(s), Bill Pay Account(s) or Transfer Group(s) including any fund transfers I have previously authorized. You reserve the right to terminate or to discontinue support of any software or equipment without written notice.
Governing Law The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to Texas' conflict of law provisions. My existing account relationships shall continue to be governed by and construed in accordance with the laws of the state where the American Bank branch, at which I initially established my account, is located or has been transferred to. Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of the State of Texas.
Other Conditions I am responsible for complying with all terms of this Agreement and the terms and regulations governing the deposit accounts which I access using the Services. You can terminate my privileges to use the Services without notice to me if I do not pay any fee required in this Agreement when due or if I do not comply with those agreements. The regulations governing my deposit account are set forth in your Deposit Agreement and Disclosures, a copy of which is available from any branch location.
Provisions Relating to Consumer Users Only The following provisions for resolution of errors apply to Consumer Users of the Services only and are not applicable to Commercial Users.
Liability for Unauthorized Transfers My liability and the need for prompt reporting of lost or stolen User Access Codes, Cards or PINs. I will tell you AT ONCE if I believe my User Acces Code and/or PIN or other identifying information has been lost or stolen, or if I believe that an electronic fund transfer has been made without my permission using information from my check. Telephoning is the best way of keeping my possible losses down. I could lose all the money in my account (plus my maximum overdraft line of credit.)
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 If I believe my User Access Code has been lost or stolen, call:
For Bank OnLine or 24-Hour Bank-by-Phone errors or questions:
361-992-9911 in Corpus Christi, 361-749-7711 in Port Aransas, 361-727-9955 in Rockport, 512-328-0999 in Austin or 1-800-257-8316 outside those areas. The Customer Service DirectLine is open on business days between 7 a.m. and 6 p.m.
Or write; American Bank Attention: Customer Service PO Box 6469 Corpus Christi, TX 78466-6469.
I should also call the number or write to the address listed above if I believe a transfer has been made using the information from my check without my permission.
For Bill Pay errors or questions:
1-877-632-9222 Bill Pay Customer Service is open 7 days a week, 24 hours a day, excluding Federal holidays. Or write: American Bank Attention: Customer Service 7600 Colshire Drive McLean, VA 22102.
In Case of Errors or Questions About Your Electronic Funds Transfers I will telephone or write you at the phone number and address shown above or on the back of my periodic statement as soon as I can, if I think my statement or receipt is wrong or if I need more information about a transfer shown on the statement or receipt. I must inform you no later than 60 days after you send me the statement on which the problem or error appeared.
- I will tell you my name and account number (if any)
- I will describe the error or transfer I am unsure about and explain as clearly as I can why I believe it is an error or why I need more information
- I will tell us the dollar amount of the suspected error
If I tell you orally, you may require that I send us my complaint or question in writing within ten (10) business days.
You will determine whether an error occurred within ten (10) business days after you hear from me and you correct any error promptly. If you need more time, however, you may take up to forty five (45) days to investigate your complaint or question. If you decide to do this, you 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 you to complete your investigation. If you ask me to put my complaint or questions in writing and you do not receive it within ten (10) business days, you may not credit my account.
For errors involving new accounts, point-of-sale, or foreign-initiated transaction, you may take up to ninety (90) days to investigate my complaint or question. For new accounts, you may take up to twenty (20) business days to credit my account for the amount I think is in error.
You will tell me the results within three (3) business days after completing your investigation. If you decide that there was no error, you will send me a written explanation. I may ask for copies of the documents that you used in our investigation.
Liability for Failure to Cancel a Bill Pay Payment If I have followed the cancellation procedures outlined in this agreement, and you do not cancel my bill payment, you may be liable for my losses or damages.
Liability for Failure to Make Transfers For electronic funds transfer agreements I enter into with you, if you do not complete a transfer to or from my account on time or in the correct amount according to that agreement, you may be liable for my losses or damages caused by such failure. However, there are exceptions. You will NOT be liable, for instance:
- If, through no fault of yours, I do not have enough money in my account to make the transfer or the transfer would go over the credit limit on my overdraft line
- If any equipment, network, telephone lines, or computer system(s) were not working properly and I know about the breakdown at any time during the transfer
- If circumstances beyond your control (such as fire or flood) prevent the transfer, despite reasonable precautions you have taken
- A court order or legal process prevents you from making a transfer or payment
- You have a reasonable basis for believing that unauthorized use of my User Access Codes or designated account has occurred or may be occurring, or if I default under any agreement with you or if you or I terminate this Agreement
- The payee does not process a payment correctly, or in a timely manner
- There may be other exceptions stated in your agreement with me
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 You will disclose information to third parties about my account and transfers I make only:
- Where it is necessary to complete transfers, investigate possible unauthorized transactions, or combat fraud
- In order to verify the existence and condition of my account for a third party, such as a credit bureau or merchant
- To comply with government agency or court orders
- If I give written or oral permission
- To any subsidiary or affiliate
- To offer me products and services that you believe may interest me
- As otherwise permitted in American Bank, N.A.'s Deposit Agreement and Disclosures, by law, or as required by government regulations
Provisions Relating to Fees and Charges
Monthly Service Fee Bank OnLine, Bill Pay and 24-Hour Bank-By-Phone are currently free of monthly service charges to American Bank customers. I understand that pricing is subject to change at American Bank's discretion.
Transaction Fees If the account from which a transfer is made through Bank OnLine or 24-Hour Bank-By-Phone is subject to per-item fees for excess debit transactions, such as Savings or Money Fund accounts, a fee will be charged for each such transfer in excess of the specified limit. (Bill Pay service cannot be established for Savings and Money Fund accounts.)
For an American Savings account, a $3.00 per transaction fee will be charged for withdrawals and/or transfers in excess of two (2) per month. For a Young American, a $1.00 per transaction fee will be charged for withdrawals and/or transfers in excess of three (3) per quarterly statement cycle. For an American Money Fund account, a $10.00 per transaction fee will be charged for withdrawals and/or transfers in excess of six (6) per monthly statement cycle.
Last Update 1/02/2007
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