FSBB ONLINE BANKING
TERMS AND CONDITIONS
Please read these Terms and Conditions carefully and keep them for future reference.
Definitions. The words you and your refer to either and all of the persons completing the online registration. The words we, us, and our refer to First State Bank of Bedias. The words your deposit accounts refer to all of your deposit accounts with us. The words your loan accounts refer to the loan accounts with us on which either or all of you are obligated to us. The words your accounts refer to your deposit accounts and your loan accounts. The words our internet service refer to our FSBB Online Banking. The word terms refers to these Terms and Conditions. ACH refers to Automated Clearing House.
Security. We work hard to make our website secure. We will employ such security measures, as in our reasonable judgment are appropriate, to secure our website. You will not use our website for unauthorized purposes. We may monitor and audit transactions made through our website. We use several techniques to help secure our internet service, including the following:
◆ You can only access Institution with certain browsers that have a high security standard.
◆ Your account numbers are never displayed in full – only the last 4 digits can be viewed.
◆ You must have a valid Internet Banking ID and password to log on.
◆ If no action is taken for 20 minutes, you will be automatically logged off our internet service.
Access to Accounts Via the Internet. Subject to the terms set forth below, we will provide you with our internet service pursuant to which you can access your accounts by computer via the internet through our website using your username and password and providing such other information as may be required by our website to accomplish the following:
◆ Transfer funds between your deposit accounts.
◆ Make payments from your deposit accounts to your loan accounts.
◆ Make payments from your deposit accounts to third parties pursuant to our Online Bill Payment Program described below.
◆ Get information about your accounts, such as account balances or information on deposits or withdrawals.
We will have no obligation to carry out any transfers or payments unless there are sufficient funds in the pertinent deposit account or any overdraft line of credit on that deposit account. We will promptly provide you with a username, password, the address of our website through which you can access your accounts and such other information as you will need to participate in our internet service. You can arrange for a change of your password by calling the number set forth below. Please see the Limitations on Frequency of Transfers below.
Accessibility. FSBB’s Online Banking is usually accessible seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of our internet services may not be available due to system maintenance or reasons beyond FSBB’s control. FSBB does not warrant that our internet services will be available at all times. When unavailable, you may use an automated teller machine (‘ATM’). An Online Banking transaction initiated prior to 3:00 PM (Central Time) on a banking day may be posted to your account the same day. All transfers completed after 3:00 PM (Central Time), or on a non-banking day, will be posted the following banking day. Since certain information and transactions are not processed by us until after the close of the Bank Business day, some transactions may not be reflected in the system until the next Banking Business day. Posted items may be reversed due to insufficient funds, stop payment orders, legal process, and other reasons.
Certain balances also may not be subject to immediate withdrawal. We assume no responsibility for any loss arising from incomplete information or for any temporary interruption in our information system. If you are unable to access our system for any reason, you can contact either branch for loan and deposit information.
Equipment and Software. A personal computer with access to the World Wide Web is required to use FSBB’s Online Banking service. To ensure you have the best experience using our internet service and get the most current security features to protect your personal and account information online, we ask that you use a Web browser that supports strong encryption (128 -bit data encryption) and contains a high level of security. Our site is optimized for use with certified/recommended browsers and operating systems. If you use a different browser or operating system, you may not be able to take full advantage of all the features of the site. Recommended browsers and operating systems include:
◆ Microsoft Internet Explorer- 9 or later
◆ Google Chrome – 19
◆ Mozilla Firefox – 9-12
◆ Apple Safari – 6.2, 7.1, 8.0
◆ Windows 7 or later
◆ Mac – OS 10.7.4
◆ iPad 3 or later
◆ Galaxy 10.6
Your use of the Internet will be entirely at your own risk. We make no representation, warranty or endorsement with respect to:
◆ Information placed on the Internet by third parties
◆ The security or continued availability of the Internet or of any Internet website, including without limitation our website
◆ 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.
◆ Computer hardware and software product questions in general should be directed to the hardware or software manufacturer.
You agree to comply with the terms of any software license(s) provided to you in connection with the Services. You may not transfer, distribute, copy, reverse compile, modify or alter such software. Unless otherwise agreed by us in writing, the computer programs, User Guides, security procedures, software and systems provided to you in connection with the Services represent our proprietary property and must be returned to us upon request.
In addition to compatible software, you must have an Online Banking User ID, a password, and maintain one or more of the following eligible accounts at First State Bank of Bedias:
◆ Standard Checking Account
◆ Electronic Checking Account
◆ Direct Checking Account
◆ Money Market Account
◆ NOW Account
◆ Standard Savings Account
◆ Junior Savings Account
◆ Business Checking Account
Any account that requires two or more signatures to make withdrawals, transfers or other transactions will not be eligible to make any transfers via Online Banking.
Hardware and Software Requirements. We will promptly provide you with a statement of the computer hardware and software requirements to participate in our internet service. We can change these requirements and will give you advance notice of any such changes. Unless you comply with such changes, you will not be able to participate further in our internet service. You are solely responsible for setting up and maintaining your computer hardware and software and satisfying all hardware and software requirements.
Electronic Disclosures and Notices. This Disclosure describes the process that must occur before we can provide you with electronic disclosures and notices (such as by email or website). It also describes your rights in the event you consent to receiving electronic disclosures and notices. First we must inform you as to the computer hardware and software requirements to receive and keep the electronic disclosures and notices. Then we must make an electronic request for your consent. Finally, you must give your consent electronically in response to our request. You understand prior to giving your consent that:
(1) Your consent applies to disclosures and notices regarding your accounts or our internet service, and it applies to your periodic account statements;
(2) Unless you consent, you have the right to receive all required disclosures in paper or non-electronic form;
(3) Even after consent, if you want to receive a paper copy of the disclosure in addition to the electronic disclosure you can obtain one free of charge by calling us;
(4) You can withdraw your consent at any time by calling us; and
(5) You must promptly provide us with the information (such as an email address) needed to communicate with you electronically and update us as to any changes in such information by calling us.
We reserve the right to provide any disclosures or notices in writing, rather than electronically. Except as otherwise provided by law or in other agreements, you can give us all notices regarding your accounts, our internet service, or your periodic statements, except for stop payment orders, unauthorized transfer/debit notices, or account error notices, by email using our then current email address, regardless of anything in this agreement to the contrary; however, we reserve the right to have notices confirmed in writing upon our request.
Hours of Operation. You ordinarily can participate in our internet service 24 hours a day - 7 days a week. However, we reserve the right to suspend our internet service from time to time as we deem appropriate.
Transaction Posting. Transactions entered on our website on or before 3:00 p.m. CST on any business day will be posted on the same day. Transactions entered on our website on weekends, federal holidays or after 3:00 p.m. CST on a business day will be posted by the end of the next business day.
Assignment and Delegation. We can assign our interest and responsibilities under this agreement, delegate our responsibilities under this agreement, and use independent contractors to perform or assist in the performance of our responsibilities under this agreement, as we deem appropriate.
Limitations on Frequency of Transfers. In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:
Regardless of anything else in this or other agreements, transfers and withdrawals from a savings account to another of your accounts or to third parties by preauthorized, automatic, telephonic, or computer transfer, or by check, draft, debit card, or similar order to third parties, cannot exceed six per calendar month or statement cycle of at least four weeks. For security reasons, there may be other limitations on the number of transfers you can make.
Termination. We can terminate your right to participate in our internet service at any time if you fail to comply with these terms or the terms of your account agreements with us, including any failure to pay a required fee. Either you or we can terminate this agreement without cause upon 30 days advance notice.
Changes in Terms. We can change these terms by giving you notice as required by law. Continued use of our internet service by you after notice of a change in terms constitutes acceptance of the change.
Notices. Notices must be in writing and mailed or hand delivered, except that we can give them to you electronically if you have so consented. Notices to you are effective when given, regardless of whether you receive them. Notices to us are effective only when we actually receive them.
Irreconcilable Conflicts. These terms supersede those of your deposit or loan account agreements to the extent they cannot be reconciled. You expressly waive any deposit account agreement requirements of one or more signatures for withdrawal when using our internet service. Any one of the persons authorized to make withdrawals from your deposit accounts is authorized to make transfers pursuant to our internet service, even if your account agreements provide that multiple signatures are required for withdrawal.
(1) If, through no fault of ours, you do not have enough money in your account to make the transfer.
(2) If you have an overdraft line, and the transfer would go over the credit limit.
(3) If circumstances beyond our control such as interruption of telecommunication service, catastrophic or emergency conditions, or a natural disaster (such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
(4) If the funds are subject to legal process or other encumbrance restricting the transfer.
(5) There may be other exceptions stated in our agreement with you.
Except as expressly required by these terms or otherwise required by law, we will not be liable for any losses or damages resulting from:
(1) Deficiencies in your computer hardware or software or in your ability or care in using them, or
(2) Problems relating to your access to the internet.
(1) Where it is necessary for completing transfers; or
(2) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
(3) In order to comply with government agency or court orders; or
(4) As explained in our separate privacy disclosures.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your code, and we prove we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you or was provided electronically if you consented to receiving the statement that way, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Contact in the event of Unauthorized Transfer. If you believe your code has been lost or stolen, call or write us at the telephone number or address listed below. You should also call the number or write to the address listed in this brochure if you believe a transfer has been made using the information from your check without your permission.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
FIRST STATE BANK OF BEDIAS
P.O. BOX 99, 22201 HWY 90 N BEDIAS, TX 77831
Business Days: Monday through Friday Excluding Federal Holidays and Good Friday Phone: 936-395-2141
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
FSBB ONLINE BILL PAYMENT PROGRAM AGREEMENT
Except as otherwise provided in a future separate written agreement, the following is our Online Bill Payment Program:
Definitions. As used in this Agreement, the term ‘Payee’ means the person or entity to whom you wish a bill payment to be directed; ‘Payment Instruction’ means the information provided by you to us 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); ‘Payment Account’ means your checking account from which a bill payment will be debited; ‘Business Day’ means Monday through Friday, excluding Federal Reserve holidays; ‘Scheduled Payment Date’ means the Business Day of your choice upon which your bill payment will begin processing (a Scheduled Payment Date on a non-Business Day will be considered to be the previous Business Day); and, ‘Cutoff Time’ means 11:00 p.m. CST on any Business Day. You must complete your transactions and log off prior to midnight for the transactions to be processed as Today's payments that will be sent out the following business day.
Qualifying for FSBB Bill Payment. The FSBB Bill Payment registration must be completed online by the customer requesting Bill Payment. Please note that FSBB Bill Payment is subject to Bank review and approval. Once approved, your continuance with FSBB Bill Pay is your agreement to comply with the guidelines stated in the Bill Pay Help Area.
Information Authorization. Your application for FSBB Bill Payment may not be approved if we cannot verify your identity or other necessary information. By applying for FSBB Bill Payment, you are acknowledging that FSBB reserves the right to obtain a copy of your credit report through an authorized credit reporting service. In addition, you agree that we reserve the right to obtain financial information about you from a Payee regarding your account with them in an effort to resolve payment-posting problems.
Fees. A monthly service fee of $6.00 will be charged to the account you designate as your Payment Account on the FSBB Bill Pay Registration Form. You are responsible for regular transaction fees that may be in effect for your accounts held with FSBB as disclosed at account opening and as amended from time to time. We may assess a fee for any bill payment request drawn against insufficient funds in your designated Payment Account. FSBB will not be liable for failure to pay any request unless it is drawn against available funds credited to the Payment Account at the opening of business on the day the bill payment is scheduled to be withdrawn. If FSBB pays a bill payment that overdraws your Payment Account, you agree to pay us the amount of the overdraft upon demand, whether or not you participated in the transaction creating the overdraft or received any benefit from the debit creating the overdraft. You agree to pay all costs and expenses, including attorneys' fees, incurred by us in the collection of any overdraft.
Payment Instructions. To use FSBB Bill Payment, you must provide sufficient information about a Payee to permit us to properly direct a payment. The information must permit the Payee upon receipt of a payment to identify you as the payment source. You do this by filling in all required fields with accurate information, as directed by the FSBB Bill Payment screen messages. By providing us with the names and account information of those Payees to whom you wish to direct payment, you authorize us to follow the Payment Instructions that we receive through the payment system. When we receive a Payment Instruction, you authorize us to debit your Payment Account and remit funds to the Payee on your behalf.
Types of Payments. You will be able to set up the following types of bill payments:
(1) Single Payments: You may schedule a payment to be made one time to a Payee. The payment may be scheduled on a future date or on the same day that you enter the Payment Instructions provided you enter the Payment Instruction by the Cutoff Time; and
(2) Recurring Payments: You may schedule the same payment to be paid each month.
Please note that you may not schedule duplicate payments. A duplicate payment is one that is scheduled to be made to the same Payee while another payment to such Payee is a ‘Pending Payment’ (hereinafter defined). A duplicate payment is different from a Recurring Payment, which is scheduled for the same Scheduled Payment Date of different months.
Payment Limits. The amount of any Single Payment or Recurring Payment shall not exceed $10,000.00. In addition, a Single Payment to a Payee must be ‘In Process’ or ‘Processed’ (hereinafter defined) before an additional Single Payment can be scheduled to the same Payee.
Payee Limitation. Due to security reasons or any other reason, we reserve the right to refuse to pay any Payee to whom you may direct a payment. We will promptly notify you if we decide to refuse to pay a Payee designated by you. Notification is not required if you attempt to make a prohibited payment under this Agreement.
International Payments. International payments are prohibited through FSBB Bill Payment.
Scheduling of Payment by Due Date. While it is anticipated that most transactions will be processed on the next Business Day after your Scheduled Payment Date, and be received by the payee approximately five (5) business Days after your selected Schedule Payment Date, it is understood that due to circumstances beyond our control, particularly delays in handling and posting payments by slow responding Payees or financial institutions, some transactions may take longer to be credited by your Payee to your Payee account. For this reason, it is necessary that all Scheduled Payment Dates selected by you be no less than five (5) Business Days before the bill's actual due date, not the late date and/or a date within the grace period. Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in FSBB Bill Payment on the next Business Day. For Recurring Payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of Business Days between the Recurring Payment date and the bill's actual due date. The risk of incurring and the responsibility for paying any and all late charges or penalties will be borne by you.
Payment Confirmation Number. You will be provided a confirmation number for each payment you schedule using FSBB Bill Payment. This number is available on the Payment History screen under the Payments menu if you need to refer to it in the future. The confirmation number will help us resolve any questions you may have concerning your transactions.
Reasonable Efforts. We will make reasonable efforts to make all your payments properly.
However, we shall incur no liability if we are unable to complete any payments initiated by you through FSBB Bill Payment Service because of the existence of any one or more of the following circumstances:
(1) If, through no fault of ours, your Payment Account does not contain sufficient and available funds to complete the transaction;
(2) FSBB Online Banking or FSBB Bill Payment is not working properly and you know or have been advised by us about the problem before you execute the transaction;
(3) The Payee, or any processing third party, mishandles or delays a payment sent by us;
(4) You have not provided us with the correct name, phone number or account information for the Payee, or you have not provided us with accurate personal information on your FSBB Bill Payment Registration Form, or you have otherwise provided incomplete Payment Instructions;
(5) Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances;
(6) We have reason to believe that a particular bill payment is not authorized.
Provided none of the foregoing six (6) exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account or cause funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account and for directing payment to the proper Payee.
Definition of Pending/In Process/Processed Payments. A bill payment is ‘In Process’ starting at the Cutoff Time on the Scheduled Payment Date and continuing up to the next Business Day after the Scheduled Payment Date. A bill payment is a ‘Pending Payment’ starting from the time you enter Payment Instructions until the payment is ‘In Process’. A bill payment is considered ‘Processed’ on the next Business Day after the Schedule Payment Date.
Canceling or Editing Pending Payments. You may cancel or edit any Pending Payment (including Recurring Payments). There is no charge for canceling or editing a Pending Payment. You will receive a confirmation number when your Pending Payment has been edited or canceled. The confirmation number will help us resolve any questions you may have concerning your transactions. For payment edits, this number is available on the Payment History screen under the Payments menu if you need to refer to it in the future. If you have a canceled payment, please write the number down when you receive it. A canceled payment will not appear on your Payment History.
Canceling or Editing In Process/Processed Payments. We may not have a reasonable opportunity to act on any stop payment, edit, or cancellation order given after a payment is ‘In Process’ and it is not possible to stop, edit, or cancel a payment, which is ‘Processed.’ If you desire to cancel, edit, or stop any payment, which is ‘In Process’, you must call the toll-free Help Line found on the FSBB Bill Payment website.
Stop Payments. In order for us to attempt to place a stop payment order the same business day it must be placed by 2:00 p.m. CST. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. Although we will attempt to accommodate your request, we will have no liability for failing to do so. Stop payment requests will be accepted only if we have a reasonable opportunity to act on such requests. Stop payment requests sent to us via electronic mail or in any other manner may not reach us in time for us to act on your request. The terms and charge for each stop payment order will be the then current charge and terms for such service.
Means of Payment. Once your scheduled bill payment is ‘In Process’, we may remit your payment to your Payee by any one of the following means:
(1) by electronic funds transfer or
(2) by mailing your Payee a check. The timing of when your scheduled bill payment is debited from your Payment Account may vary, depending on the payment method used.
Canceling FSBB Bill Payment Service. You may cancel your use of FSBB Bill Payment at any time by contacting the bank. If you notify us by telephone, we may request that you put your request in writing. We cannot cancel your FSBB Bill Payment until all Pending Payments have cleared your Payment Account. If you have Pending Payments and do not want to wait for them to clear, you may individually delete these future payments. You will not receive a refund of any service fee if you cancel. FSBB may cancel or suspend your FSBB Bill Payment Service, in whole or in part, at any time without prior notice. Cancellation or suspension shall not affect your liability or obligations under this Agreement.
Non-Sufficient Funds to Make Payments. In using FSBB Bill Payment, you are requesting that we make payments for you from your Payment Account. If we are unable to approve the transaction for any reason (for example, there are not sufficient funds in your Payment Account to cover your transaction), the transaction may not be completed. In some instances, if your account has become overdrawn, you agree that:
(1) You will immediately reimburse us for the amount of the transaction;
(2) You will reimburse us for any fees imposed by the Bank as a result of such overdraft;
(3) You will reimburse us for any fees we incur in attempting to collect the amount of the overdraft;
(4) We are hereby authorized to report the facts concerning the overdraft to a credit-reporting agency; and
(5) We may immediately close your Payment Account and terminate access to FSBB Bill Payment.
Please refer to the Business Banking section of the website for information on the Cash Management services available to you.
Business Customer Responsibilities
(1) Install a dedicated, actively managed firewall, especially if they have a broadband or dedicated connection to the Internet, such as DSL or cable. A firewall limits the potential for unauthorized access to a network and computers.
(2) Install commercial anti-virus and desktop firewall software on all computer systems. Free software may not provide protection against the latest threats compared with an industry standard product. Invest in your security.
(3) Ensure virus protection and security software are updated regularly.
(4) Ensure computers are patched regularly particularly operating system and key application with security patches. It may be possible to sign up for automatic updates for the operating system and many applications.
(5) Install spyware detection programs.
(6) Limit administrative rights on users' workstations to help prevent the inadvertent downloading of malware or other viruses.
(7) Create a strong password with at least 10 characters that include a combination of mixed case letters, numbers and special characters.
(8) Use a different password for each website that is accessed.
(9) Prohibit the use of ‘shared’ usernames and passwords for online banking systems.
(10) Never share username and password information for Online Services with third-party providers.
(11) Never leave a computer unattended while using any online banking or investing service.
(12) Avoid using an automatic login features that save usernames and passwords for online banking.
Liability. You agree and acknowledge that each person who is authorized to use your account on-line will have authority to use the ACH, wire transfer and other features of the Cash Management options that are established for and available to such accounts. Each time you or such persons use Cash Management functions; you will be required to use a unique logon ID, Password, out of band token code, and follow up fax ACH Transmittal Register. You understand that the Bank has implemented this security procedure for the purpose of verifying the authenticity of the ACH that you transmit to the Bank, and not for detecting errors in such instructions. Such security procedure includes a unique file identification number and transmission password encryption. You agree that this procedure constitutes a commercially reasonable method of providing security against unauthorized transactions. You agree to be bound by any instruction issued by you and received and verified by the Bank in accordance with such security procedures. You shall indemnify and hold the Bank harmless from and against any loss suffered or liability incurred by, or arising from, the execution of an instruction issued by you, and processed in good faith and in compliance with such security procedure.
If your Password is lost or stolen, or is known by an unauthorized individual, you must notify the Bank immediately. Failure to not promptly notify the Bank could result in a loss of funds. You are responsible for maintaining the confidentiality of your unique Logon ID and Password and you must promptly report any breach of confidentiality to the Bank. The Bank reserves the right to prevent your access to the Cash Management options of on-line banking if the Bank has reason to believe the confidentially of your unique logon ID and Password have been compromised. All Cash Management transactions processed with your logon ID and Password or with a logon ID and Password you assigned to an authorized individual will be considered as having been authorized by you. You are liable for all ACH transfers performed and authorized with the use of your logon ID and Password, subject to the limitations set forth in the Banks ‘Electronic Funds Transfer Disclosure.’
Protecting Your Password. You agree that we may send notices and other communications, including Password confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You agree that we may send notices and other communications, including Password confirmations, to an email address provided to us during the application process. You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: (1) keep your Password secure and strictly confidential, providing it only to authorized individuals on your accounts; (2) instruct each person to whom you give your Password to or each person to whom you provide an individual Password to, that he or she is not to disclose it to any unauthorized person; and (3) immediately notify us and select a new Password if you believe your Password may have become known to an unauthorized person.
THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR PASSWORD OR A PASSWORD THAT YOU ASSIGNED TO AN AUTHORIZED INDIVIDUAL THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.
Error Resolution Notice. Contact Information – Business & Consumer Accounts
In case of error or questions about your electronic transactions, the business customer is required to notify the bank within 24 hours of the settlement date of the unauthorized/erroneous ACH transaction(s). It is the business customer's responsibility to monitor their business account on a daily basis for unauthorized/erroneous ACH transactions.
Call us at: 936.395.2141
Write us at:
First State Bank of Bedias
PO Box 99
Bedias, TX 77831
Online at: www.bediasbank.com
When you notify us, please provide the following.
(1) Your name, account number, date of transaction, and card number (if any).
(2) Description of the error or transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
(3) The dollar amount of the suspected error.
Your Agreement with Us. This Agreement contains the terms for our Services. You agree to the terms of this Agreement when you enroll and each time you use the Services. Not all Accounts are eligible for the Services.
‘You’ and ‘your’ means the person, persons or Business that use or receive the Services and any joint or other authorized Account holder or authorized party on the Account and their successors and assignees.
‘We’, ‘us’, and ‘our’ means First State Bank of Bedias and its agents, processor, affiliates, representatives, successors and assignees.
The terms of this Agreement are in addition to the other agreements, disclosures and fee schedules you have from us related to your Account including those for our mobile banking and online banking services. If there is a disagreement between the terms in this Agreement and those in other agreements related to the Services, this Agreement will control.
Image Transmission, Processing and Payment. All Images you Transmit to us using the Services must be legible and meet our Program requirements including hardware and software requirements such as required Mobile Devices, operating systems and camera specifications. All required hardware and software will be at your expense.
The information you Transmit to us must meet the requirements to create a Substitute Check (including all MICR-line information) and contain the correct amount of the Eligible Item. Also, each Image must meet the technical requirements of an ‘electronic item’ under Regulation J and Federal Reserve Operating Circulars. Addition requirements will be included in the Program.
When you Transmit an Image to us, you agree that the Image is an ‘item’ as defined by the UCC and is the legal equivalent of the Eligible Item for all purposes including our qualifying as a holder-in-due-course for it as described by the UCC.
We can attempt to process, collect, present for payment, return or re-present your Images in any way we choose that is allowed. This includes as Images under private agreement or clearinghouse rules, as automated clearinghouse entries (ACH) under the National Automated Clearinghouse Association (NACHA) rules, through a Federal Reserve payment service under Regulation J and Federal Reserve Operating Circulars, or as Substitute Checks.
We can reject any Image for any reason at our option and without liability, even where we have provided you with a confirmation notice. If we do reject your Image, we will notify you.
If an Image does not meet our Program processing requirements, we can also at our option:
(1) process the Image as received for payment;
(2) correct the Image or its accompanying data and process the corrected Image for payment;
(3) process the deposit for payment in another format as allowed; or
(4) debit (chargeback) your Account for the amount of the Image. If you request a copy of the charged back Image, we can return it to you in any way we choose including along with its accompanying data or as a Substitute Check.
When you successfully Transmit an Image to us, we will confirm it by sending you a notice on you Mobile Device that we have received your Image. Our notice does not mean that your Transmission and deposit are complete. All of your Images are subject to our further verification prior to being accepted for deposit and final payment after deposit.
Eligible Items for the Services. The Services can only be used for Eligible Items. Certain items are not eligible for the Services, and you will not Transmit them to us. These include items that:
(1) are not payable in U.S. currency;
(2) are not drawn on a financial institution located in the U.S.;
(3) are payable to someone other than you;
(4) are money orders, savings bonds, or traveler’s checks;
(5) are checks authorized over the telephone and created remotely. These are sometimes called ‘remotely created checks’ or ‘telephone checks’;
(6) are images of a check that never existed in paper form. These are sometimes called ‘electronically created items’;
(7) must be authorized or activated by us prior to being deposited;
(8) have already been deposited by or returned to you;
(9) are not legible or do not conform to our Image processing standards;
(10) contain alterations or that you suspect, or should suspect, are fraudulent, not authorized, suspicious or not likely to be honored; or
(11) are not dated, post-dated, or more than 6 months old when Transmitted.
Limits for the Services. The Services are provided at no additional charge to you.
The Services are subject to limits including daily and monthly limits on the dollar amounts of Images you can Transmit. We can modify these limits and add others at any time at our option.
We will inform you of your limits when you enroll in the Services. After that, we will tell you on your Mobile Device what your remaining transaction limits are for the Services. However, we do not need to tell you if we believe a transaction limit is necessary to maintain or restore the security of an Account, the Services or the Program.
Your Handling of the Original Eligible Item. When you Transmit an Image to us, you will still have possession of the original Eligible Item. In order to further prevent an additional submission of the original Eligible Item for payment, you will take the following steps:
(1) Before you Transmit an Image to us, you will endorse (write your signature) on the back of the original Eligible Item followed by the words ‘For deposit only to First State Bank of Bedias, Account # (write number)’ or as we otherwise tell you;
(2) You will keep the original Eligible Item in a safe place until we send you a notice confirming that your deposit has posted to your Account.
(3) After we send you a notice confirming that your deposit has posited to your Account, you will destroy the original Eligible Item by shredding it or cutting it up.
Availability of Your Deposits using the Services. Eligible Items deposited using the Services are not subject to the funds availability requirements of Regulation CC or our Availability Schedule. This will be true even if we provide you with Regulation CC disclosures or notices. For deposits made using the Services, we will still generally follow our Availability Schedule.
After you Transmit an Image to us, we can place an extended hold on your deposited funds as described in our Availability Schedule. If we do, we will separately tell you and when you can expect your funds to be available for withdrawal. You agree that we can include deposits made using the Services in deciding to place large deposit extended holds as described in our Availability Schedule.
If you successfully Transmit an Image to us before 3:00 PM Central time on a Business Day that we are open, we will consider that day to be the day of your deposit. After that time or on a day we are not open, we will consider the deposit to be made on the next Business Day that we are open.
Notices. In addition to notices we send to your Mobile Device we will also send you notices about the Services in other ways including by ordinary mail and e-mail. For example, we may send you messages by e-mail or ordinary mail about the processing status of your Image(s) and when your deposited funds will be available for withdrawal. These messages will be your record of your transactions using the Services.
In order to help us communicate with you about the Services, you will give us your current mailing and e-mail addresses and promptly let us know when these change along with any new address(es).
Chargeback. We can chargeback your Account or any other deposit account you have with us for the amount of any item, its image or any paper or other electronic representation of an item that is:
(1) Returned to us; or
(2) Is rejected by us for a reason including where we believe it has been previously submitted or deposited with us or with anyone else.
This is true even if you have made withdrawals against it. We can also charge fees connected to the chargeback as described in your fee schedule and other agreements with us.
Security. You are responsible for protecting your Mobile Device against unauthorized use as well as any losses and damages from unauthorized access. You will protect your Mobile Device, set up strong passwords and take other reasonable security precautions to protect your Mobile Device from unauthorized use. We are not responsible or obligated for any of these security precautions and will also not have any obligations or liability of any kind for them or if you don’t take them.
You will also:
(1) keep your passwords secret and change them regularly;
(2) limit access to your Mobile Device and passwords to those who have a legitimate need for them;
(3) supervise all people that you allow to use the Services;
(4) regularly monitor access and use the Services including promptly reviewing your Account statements;
(5) tell us immediately when your Mobile Device is lost or stolen or you believe there has been any unauthorized activity involving the Services; and
(6) promptly change your passwords and remove anyone who is no longer authorized to use the Services.
Service Disruptions of the Services. The Services might not be available for time to time due to maintenance, technical problems or other reasons. We are not responsible if the Services are not available.
No Warranties. WE MAKE NOT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES OR THE PROGRAM, WHICH ARE PROVIDED ON AN ‘AS IS’ BASIS. FOR EXAMPLE, WE MAKE NO WARRANTY THAT THE SERVICES OR PROGRAM WILL BE AVAILABLE, TIMELY, SECURE OR ERROR FREE. WE ALSO DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of Liability. WE WILL NOT BE RESPONSIBLE FOR: (1) ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE PROGRAM; OR (2) ANY CLAIM BY ANOTHER PERSON OR PARTY REGARDLESS OF OUR ACT OR OMISSION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Your Additional Promises to Us
You also promise that:
◆ Your Account is in good standing;
◆ All users of the Services will be authorized to make transactions on the Account;
◆ If another person used the Services with your Mobile Device, you will be responsible for their actions on the Account as well as anyone else they allow to use your Mobile Device. This will be true even if you did not want, or agree to, their use.
◆ You will only Transmit Images of Eligible Items to us;
◆ You will follow all of our Program requirements and our instructions for using the Services;
◆ All information you provide to us is accurate;
◆ The front and back of each Image you Transmit to us accurately shows all information on the Eligible Item and satisfies all of our Program requirements including our imaging and processing requirements;
◆ Each Image you Transmit to us and all signatures appearing on it are genuine and authorized;
◆ The Eligible Item has not been previously submitted or deposited with us or with anyone else and will not be again unless we tell you to;
◆ When we send you a notice on your Mobile Device confirming that you have successfully Transmitted an Image to us for deposit, you will not negotiate, transfer, transmit, deposit or present the Eligible Item or a duplicate of it in any form;
◆ After Transmission to us, you will not have the Eligible Item stopped or cancelled, or have a replacement issued;
◆ No person or party will receive presentment, return of, or otherwise be charged for, the original Eligible Item, its Image or a paper or electronic representation of the original Eligible Item such that that person will be asked to make payment based on an Eligible Item that it already has paid; and
◆ You will follow all laws, regulations, disclosures, and other terms related to the Services including this Agreement, the Rules Governing Deposit Accounts with us, the Program requirements and the terms and disclosures for our mobile banking and online banking services.
Indemnification. You will indemnify, defend and hold us harmless for any loss or causes of action for your breach of any promises you make to us in this Agreement or otherwise, as well as any warranty or indemnity we provide in connection with the processing, collection, presentment for payment, return or re-presentment of an Image or other item transmitted to us using the Services.
Modification, Suspension and Cancellation of the Services
We can at any time and at our option:
◆ Change any part of this Agreement or the Services, unless we previously told you we would not. If we do, we will tell you about the changes we have made. When you later use the Services you agree to all changes we have made; and
◆ Suspend or cancel the Services or your ability to use the Services without notice to you. If we do, it will not affect any of our rights or your obligations to us.
◆ Your rights and obligations in the event of an error in connection with the Services are described in the Rules Governing Deposit Accounts for your Account.
◆ This Agreement will be governed by federal law and, where applicable, by the laws of the state governing your Account whether or not you live in that state or use the Services in that state;
◆ The Services could be affected by the terms of other agreement you have with other parties including for your Mobile Device and your mobile service. We have no responsibility of obligations under any of these agreements, and this Agreement will not change any of your rights and obligations under them.
◆ Any ‘memo’ field we provide for your Mobile Device in connection with the Program and the processing of your Images will be only for your use and future reference. We will not review or be obligated by anything you enter into this field. Do not include sensitive or confidential information like Social Security or account numbers in the ‘memo’ field.
◆ We do not charge for use of the Services, but message and data rates could apply form your mobile service provider;
◆ If any provision of this Agreement is found to not be enforceable, the other provisions of this Agreement will remain valid and enforceable;
◆ Our failure to enforce any term(s) of this Agreement will not be a waiver or affect our right to later enforce that term;
◆ This Agreement will bind and benefit all of your and our successors and assignees;
◆ You cannot assign this Agreement or your rights and obligations under it to someone else without our permission. We can assign this Agreement and our rights and obligations to someone else without your permission or prior notice to you. They will then take our place under this Agreement;
◆ Your promises to us – including your indemnification of us – will continue even after this Agreement ends;
◆ We can audit your use of the Services to confirm your compliance with this Agreement. You will cooperate and provide all information and documents we reasonably ask for related to the Services or the Program;
◆ No other person or party will have rights or claims against us under this Agreement, and
◆ A photocopy or other image of this Agreement can be used as the original.
◆ Account is your checking, savings, money market or other eligible deposit accounts with us that we permit you to use the Services to make deposits. In general, these are accounts where you have access and authority as an authorized signer according to our records, including as provided in our online banking services.
◆ Agreement means all the terms and disclosures related to your use of the Services.
◆ Availability Schedule is the section in our Rules Governing Deposit Account titled ‘Deposit Availability Disclosure’ which describes when we will make funds deposited by you available for your withdrawal.
◆ Business Days are Monday through Friday. Federal Reserve holidays are not included.
◆ Business Representative is a person who is authorized by the Business in a way that is acceptable to us to access and make transactions on the Account including using the Services.
◆ Eligible Items are paper items that are defined as checks by Regulation CC and other paper items (not prohibited by this Agreement or rejected by us) to be converted into Images and deposited into your Account using the Services.
◆ Image is an accurate electronic picture or replica of the front and back of an Eligible Item and related deposit information that you Transmit to us and attempt to deposit into your Account using the Services.
◆ Program means all computer software, documentation and materials that we provide in connection with the Services.
◆ Services mean our remote deposit capture services that allow you to use a camera on your Mobile Device to create Images of Eligible Items and send and deliver those Images electronically to us or our processing agent for deposit into your Account.
◆ Substitute Check is a paper reproduction of an original check created from an electronic image that meets certain requirements described in Regulation CC. These are sometimes called ‘image replacement documents’ or ‘IRD’s’
◆ Transmit or Transmission means to send and deliver an Image electronically to us or our processing agent for deposit into your Account using your Mobile Device as provided by the Program.
◆ UCC is the Uniform Commercial Code as adopted in the state for your Account.