INTERSTATE BANK Internet/Mobile Banking Terms and Conditions Agreement
This Agreement describes your rights and obligations as a user of the Online Banking Service or the Bill Payment Service (“Service” or “Services”). It also describes the rights and obligations of Interstate Bank. Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the “I Accept” button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Interstate Bank for the provision of certain Online Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form. You are also acknowledging receipt of the following information and agree that:
• We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.
• We may provide you revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as a part of the Services. While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we only provide these documents electronically.
• You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, the banks’ Free Checking product only offers statements in electronic format, your withdrawal of consent will terminate all the Services. If you wish to withdraw consent to receive information electronically, to terminate the Services, or to update your information such as a change of address, or email address, you may call Interstate Bank at 806-435-4071, 800-757-4071, or write a letter and send it to: Interstate Bank, 301 S. Main, PO Box 947 Perryton, TX 79070
• You are able to access information that is provided in the same manner as the information and the Services via the Internet.
The following definitions apply in this Agreement.
“Online Banking” is the Internet-based service providing access to your account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement
“Online Account” is an Interstate Bank account from which you will be conducting transactions using a Service.
“Bill Payment” is the Internet-based service providing payments to Interstate Bank or to third parties from your designated Interstate Bank account(s).
“Bill Pay Account” is the transaction account from which you are initiating a Bill Payment.
“Business Day” refers to Monday through Friday, excluding holidays as determined by Interstate Bank. “Password” is a series of numbers and/or letters that you select after the initial sign-on that establishes your connection to the Service.
“Payment Initiation Date” is the date you enter into Online Banking when setting up a bill payment.
“Time of day” references are to Central Standard Time.
“We,” “us” “our” or “bank” refer to Interstate Bank, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.
ACCESS TO SERVICES
Interstate Bank will provide online instructions describing how to use the Online Banking Service or Bill Payment Service. To gain access to this Service you will need your User Name and your Password.
HOURS OF OPERATION
The Services are generally available 24 hours-a-day, 7 days a week, except during special maintenance and upgrade periods, which are scheduled between 12:00 a.m. and 5:00 a.m.as needed.
USE OF YOUR SECURITY PASSWORD
The safety of our customers’ accounts and account information is of paramount importance to Interstate Bank. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions initiated through the Services with your Interstate Bank User Name, up to the limits allowed by applicable law. While Interstate Bank continues to provide our customers with the level of online security we believe necessary and appropriate, customers who share their User Names and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. No Interstate Bank representative will ever call and ask for your User Name or User Password.
IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If your Password has been lost or stolen, call Interstate Bank immediately at 806-331-6000, between 9:00 AM and 5:00 PM, Monday – Friday. Telephoning Interstate Bank is the best way of minimizing your losses. You may also restore the security of your Service by immediately changing your Password. If you believe your Password has been lost or stolen and you notify us within 2 Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within 2 Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.
Interstate Bank mobile banking application is a customized app designed specifically for smartphones and similar devices. This personal financial information management service will allow you to access your Interstate Bank account(s) information.
ACCESS AND AGREEMENT
By accessing and/or using this service, or by authorizing others to use them, you agree to the following terms and conditions of the service. However, you continue to remain subject to any terms and conditions of any existing agreements with any unaffiliated service providers such as AT&T, Verizon, etc. This agreement is not intended to supersede any of those agreements. Neither Interstate Bank nor any of our service providers assume responsibility for the operation, security, functionality or availability of any related network, wireless device or mobile network which you may utilize to access mobile banking.
When turned on for Mobile Remote Deposit you will be able to deposit items up to your approval amount. If you desire to deposit a larger amount please contact us.
The proper endorsement for all Mobile Remote Deposit checks are required to read as follows: ’For Mobile Deposit Only- Interstate Bank, followed by your endorsement. If this endorsement is not present we have the right to reject your deposit.
We may delay availability of funds from any deposit you make through the Mobile Remote Deposit at any time at our sole discretion. This includes any concern we may have regarding our ability to collect the funds based upon any check image that you present. Deposits will be available by the next business day. Deposits submitted on weekends, federal holidays and Monday through Friday after 5 p.m. CST are processed the following business day. Customers are advised to keep the physical check for 60 days to ensure the item is cleared, in case the physical copy is needed. Availability, timeliness and the proper functioning of our mobile banking service will be dependent upon many factors such as, your wireless device location, network availability, signal strength, hardware, software and your particular wireless device in general. Neither we nor our service providers shall be liable for any loss or damage caused by these factors or for any actions taken in reliance thereon, including service interruptions, inaccuracies, delays or loss of personalized settings.
Interstate Bank reserves the right to modify the mobile banking services at any time. You, the user, will be responsible for determining how to use the modified application. We will not be liable for any such loss incurred by improper use of the service.
This mobile banking application is being provided “As is” with no warranty of any kind. You agree to exercise caution when utilizing the service on your wireless device and to use discretion when obtaining or transmitting information.
Failure of the service due to natural disaster such as, fire, earthquake or flood, as well as any failure or delay of transportation, power, communications system or similar circumstance beyond our control will not be the liability of Interstate Bank or our service providers.
Under this agreement, you attest that you are the legal owner of the financial information accessible to you via mobile banking. You also agree that all information that you have provided to be used in connection with mobile banking is accurate, current and complete and that you have the right to provide such information to us for the purpose of using this service. You agree not to misrepresent your identity and to keep your personal information current and accurate. You assume responsibility for the accuracy of information that’s entered for those BillPay recipients that you request money be sent to.
You assume responsibility for any transactions authorized by persons whom you have permitted to use your wireless device and PIN to access mobile banking. If at any time you have reason to believe that your PIN or wireless device has been lost or stolen, you must notify us immediately at (806) 435-4071 in order to delete the device from the mobile app access. If you later find your device, you may re-enroll the same mobile number. You acknowledge as the user that you have the ability to turn off any debit cards if lost or stolen within your mobile app device.
THIRD PARTY LINKS
Interstate Bank may establish links between our service and other services operated by third parties. We are not responsible for contents therein and assume no control over other such services.
These terms and conditions may be modified, changed or altered at any time without prior notice. It is the responsibility of you, the user, to regularly review this agreement. Your continued use of this service following any such changes, modifications or alterations shall constitute your acceptance of such.
CONTACT BY INTERSTATE BANK OR AFFILIATED PARTIES
No Interstate Bank employee, or any company affiliated with this mobile service will contact you via email or phone requesting your mobile ID or mobile passcode. If you are contacted by anyone requesting this information, please contact us immediately.
You may cancel your mobile banking service at any time by notifying us of your intent to cancel in writing at PO Box 947, Perryton TX, 79070 or by calling us at (806) 435-4071. We may terminate your participation in mobile banking service for any reason at any time. We are not obligated to notify you in advance.
BANKING TRANSACTIONS WITH ONLINE BANKING
The Addition to viewing account information, you may use Online Banking to conduct the following transactions:
– Transfer funds among your linked checking, savings, money market, and loan accounts. NOTE: Because regulations require Interstate Bank to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:
– Statement Savings Account- You can make no more than six (6) transfers per month by pre- authorized or automatic transfer, or by telephone or Online Banking.
– Money Market Account- You can make no more than six (6) transfers per month by pre- authorized or automatic transfer or by telephone or Online Banking, and no more than six (6) of these may be by check, draft or debit card.
– Initiate bill payments. New services may be introduced for Online Banking from time to time. Interstate 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.
BILL PAYMENT SERVICE DEFINITIONS
“Service” means the Bill Payment Service offered by Interstate Bank.
“Agreement” means these Terms and Conditions of the bill payment service.
“Payee” is the person or entity to which you wish a bill payment or e-mail payment to be directed or is the person or entity from which you receive electronic bills or e-mail payments, as the case may be. “Payment Instruction” is the information provided by you to the Service for a bill payment
or e-mail payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
“Payment Account” is the checking account from which bill payments or e-mail payments will be debited.
“Billing Account” is the checking account from which all Service fees will be automatically debited.
“Business Day” is every Monday through Friday, excluding Federal Reserve holidays.
“Scheduled Payment Date” is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
“Due Date” is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.
“Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.
BILL PAYMENT SCHEDULING
Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled
Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as Jong as the payment was scheduled in accordance with the guidelines described under “Payment Scheduling” in this Agreement.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the Post Office or Payee, or payments remitted to you on behalf of another authorized user of the Service. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account; 2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or, 4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply
with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
STOP PAYMENT REQUESTS
The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any
payment that has already been processed, you must contact Interstate Bank at 806-435-4071. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. Interstate Bank may also require you to present your request
in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Payments to Payees outside of the United States or its territories are prohibited through the Service.
Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, misposted or misdirected payments will be the sole responsibility of you and not of the Service.
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following: Information
provided to the Payee – The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is
your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. Activation – Upon activation of the electronic bill feature the Service may notify the Payee of
your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole
discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills. Notification – The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from
Payee to Payee. You are responsible for ensuring timely payment of all bills. Cancellation of electronic bill notification – The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation. Non-Delivery of electronic bill(s) – You agree to hold the Service harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly. Accuracy and dispute of electronic bill-The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly This Agreement does not alter your liability or obligations that currently exist between you and your Payees.
EXCLUSIONS OF WARRANTIES THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 1-888-212-9342 during customer service hours.
“Smartphones” and Other Web Enabled Devices
You acknowledge that smartphones and other Web enabled devices, including the mobile device you use to access the Mobile Banking Service, are subject to the same security risks as computers that are attached to the Internet and agree that it is your responsibility to maintain anti-virus and
anti-spyware programs on your mobile device. You also agree not to use a mobile device that has been altered from the original factory settings. This type of altering is commonly referred to as “Jail Broken” or “unlocked”.
You agree to exercise caution when utilizing the Mobile Banking Service application on your mobile device and to use good judgment and discretion when obtaining or transmitting information. Any losses, charges and unauthorized transactions involving your accounts that are incurred through loss of your mobile device or your failure to safeguard the security credentials you use (such as user names and passwords) to access the Mobile Banking Services and Online Banking will remain your responsibility, except as otherwise provided in applicable law, regulation or other agreements between you and Financial Institution.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days
after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains
transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from
taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your
designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be
assessed by your telephone and/or Internet service provider.
FAILED OR RETURNED TRANSACTIONS
If using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the
transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that: I. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service; 2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed; 3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return; 4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and, 5. The Service is authorized to report the facts concerning the return to a credit reporting agency.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and e-mail addresses. Changes can be made either within the application or by contacting Interstate Bank customer service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following: I. Telephone us at 1-888-212-9342 during customer service hours; and/or 2. Write us at: CheckFree P.O Box 2168 Columbus, OH 43216-2168. Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly ifit decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment
under this Agreement.
In using the Service, you understand that Payees and/or the United States Post Office may return payments to the Service for various reasons such as, but not limited to, Payee ‘s forwarding address expired; Payee account number not valid; Payee is unable to locate account; or Payee account paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Service.
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify Interstate Bank immediately at 806-435-4071 , or write a letter and send it to: Interstate Bank, 301 S. Main, PO Box 947 Perryton, TX 79070. lf you do not notify Interstate Bank within sixty (60) days after the
statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Interstate Bank had been notified in time.
ERRORS AND QUESTIONS
In case of errors or questions regarding an Online Banking or Bill Payment transaction, you may call Interstate Bank at 806-435-4071, or write a letter and send it to: Interstate Bank, 301 S. Main, PO Box 947 Perryton, TX 79070. We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. We will need: • Your name and account number• A description of the error or the transfer in question, and an explanation concerning why you believe it is
an error or need more information. • The dollar amount of the suspected error• The date on which it occurred. If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact. We will notify you with the
results of the investigation within ten (10) Business Days after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days to investigate a complaint or question. If this occurs, we will credit your
account within ten (10) Business Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we
may not credit your account until the investigation is completed. If provisionally credited funds are debited from your account you will be notified of the date and amount of the debit and the fact that the bank will continue to honor checks, drafts and preauthorized transfers for (5) business days to the extent that they would have been paid if the provisionally credited funds had not been debited. If your notice of error concerns a transaction that occurred during the first (30) days after the first deposit to the account was made, the applicable time periods are (20) Business Days in place of 10 Business Days and (90) calendar days in place of(45) calendar days. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You agree that Interstate Bank may
respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by Interstate Bank shall be considered received within three (3) Business Days of the date sent by Interstate Bank, regardless of
whether or not you sign on to the Service within that time frame.
To reduce the risk of fraud, Bank offers to business customers the Positive Pay service as follows:
Positive Pay is a cash-management service employed to protect you against altered checks and counterfeit check fraud. Bank uses Positive Pay to match your checks with those presented for payment. After the checks are cut, you transmit via the Bank’s online system a list of the issued checks (check number, dollar amount, payee, etc.). When checks are presented to Bank for payment, Bank matches each check presented against your previously transmitted lists. If the presented checks’ numbers and amounts appear on a previously submitted list, the check is cleared for payment. If not, the check is flagged and sent back to you for examination and clearance. You understand and acknowledge that you are solely responsible submitting the electronic files and making the decisions regarding the clearing of flagged checks and that your failure to timely respond to or take corrective action regarding an alert will result in payment of the item.
You further acknowledge that Bank has made the Positive Pay service available to you as business customer for your benefit and protection. If you refuse to use, do not continue to use or improperly use Positive Pay as part of the security procedures and protocols provided by Bank, you acknowledge that such security has been offered for your protection and you accept full responsibility for your acts or omissions as they relate to the Positive Pay service.
YOU AGREE TO INDEMNIFY AND HOLD BANK HARMLESS FOR ANY AND ALL LOSSES, DAMAGES OR CAUSES OF ACTION THAT MAY ARISE FROM YOUR REFUSAL TO USE, FAILURE TO CONTINUE TO USE AND IMPROPER USE OF THE POSITIVE PAY SERVICE AND OTHER SERVICES MADE AVAILABLE TO YOU FOR YOUR PROTECTION.
LIMIT OF INTERSTATE BANK’S RESPONSIBILITY
Interstate Bank agrees to make reasonable efforts to ensure full performance of Online Banking. Interstate Bank will be responsible for – acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for circumstances
over which the bank has no direct control. This includes but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. Interstate Bank is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service. Any information you receive from Interstate Bank is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Interstate Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information. Interstate Bank is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. Interstate Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software. The limit of Interstate Bank’s liability shall be as expressly set forth herein. Under no circumstances will Interstate Bank be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
INTERSTATE BANK’S RESPONSIBILITY
Interstate Bank will be responsible for your actual losses if they were directly caused by our failure to: • Complete an Electronic Funds Transfer as properly requested • Cancel an Electronic Funds Transfer as properly requested. However, we will not be responsible for your losses
if: • Through no fault of lnterstate Bank, you do not have enough money in your account to make the transfer. • Through no fault of lnterstate Bank the transaction would have caused you to exceed your available credit. • Circumstances beyond our control (e.g., fire, flood, power
outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken. • There is a hold on your account, or if access to your account is blocked in accordance with banking policy. • Your funds are subject to legal
process or other encumbrance restricting the transfer• Your transfer authorization terminates by operation of law. • You believe someone has accessed your accounts without your permission and you fail to notify Interstate Bank immediately. • You have not properly followed the
scheduling instructions, included in this Agreement, to make a transfer or the Payee refuses the Service. • For the failure of any payee to correctly account for or credit the payment in a timely manner. • We have received incomplete or inaccurate information from you or a third party involving the account or transfer. • For changes to the payee’s address or account number (unless you have advised us of the change within three (3) Business Days in advance). • 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. There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
ELECTRONIC MAIL (EMAIL)
If you send Interstate Bank an electronic mail message through the Service, Interstate Bank will be deemed to have received it on the following Business Day. Emails will be answered within a reasonable timeframe. You should not rely on electronic mail if you need to communicate with Interstate Bank immediately (e.g., 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). You agree that Interstate Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Interstate Bank shall be considered received within three (3) days of the date sent by Interstate Bank regardless of whether or not you sign on to the Service within that time frame.
In addition to this Agreement, you and Interstate 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 the Bill Payment Service is your acknowledgment that you have
received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Interstate Bank, 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 at the end of this Agreement. We will automatically deduct any fees related to this Service from your Bill Pay Account each month. All terms and conditions of the disclosures provided to you at account opening, including but not
limited to, the Truth in Savings, Regulation E Disclosure, Depositor’s Agreement and Terms and Conditions apply to this Service.
MODIFICATIONS TO THIS AGREEMENT
Interstate Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date
allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. 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.
INACTIVITY I TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Online Banking privileges (including the Bill Payment Service) under this
Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason. If the access to your accounts via Online Banking remains inactive for (91) consecutive days, your Online Banking options will be terminated. To cancel the Online Banking and/or Bill Payment Service, you must
notify Interstate Bank. Your notification should include your name, address and the effective date to stop the service(s ). When Bill Payment is terminated, any pre-scheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment Service
will be assessed at the end of your statement cycle. You may notify Interstate Bank by one of the following methods:• By initiating a customer inquiry through our Web site• By calling 806-435-4071 • or writing a letter and sending it to: Interstate Bank, 301 S. Main, PO Box
947 Perryton, TX 79070
This Agreement is governed by the laws of the Texas and applicable federal law(s).
FEE SCHEDULE Account research, stop payment charges and Bill Pay Services will be assessed at the rates published in Interstate Bank’s Schedule of Accounts and Service Fees Brochure and deducted from your Bill Pay Account or another account you hold at Interstate Bank These fees are subject to change. Interstate Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes. Last Revised: 12/02/2020