Online Access Agreement
ONLINE ACCESS AGREEMENT AND ELECTRONIC FUND TRANSFER ACT DISCLOSURE
Agreement - This Agreement, is a contract establishing the rules, terms and
conditions which cover your electronic access to your accounts at Texas
Citizens Bank, N. A. through The Texas Citizens Bank, N. A.’s Online Banking
System. By using the Online Banking System, you accept all terms and conditions
of this Agreement. Please read it carefully. The terms and conditions of the
deposit agreements and disclosures for each of your BANK accounts as well as
your other agreements with Texas Citizens Bank, N. A., such as loans, continue
to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the
State of Texas (except to the extent this Agreement can and does vary such
rules or laws). If any provision of this Agreement is found to be unenforceable
according to its terms, all remaining provisions will continue in full force
and effect. The headings in this Agreement are for convenience or reference
only and will not govern the interpretation of the provisions. Any waiver
(express or implied) by either party of any default or breach of this Agreement
must be in writing and shall not constitute a waiver of any other or subsequent
default or breach. You may not assign this Agreement. Texas Citizens Bank, N.
A. may assign this Agreement without permission or notice.
This Agreement is binding upon your heirs and Texas Citizens Bank, N. A.’s
successors and assigns. Certain of the obligations of the parties pursuant to
this Agreement that by their nature would continue beyond the termination,
cancellation or expiration of this Agreement shall survive termination,
cancellation or expiration of this Agreement. This Agreement constitutes the
entire agreement between you and Texas Citizens Bank, N. A. with respect to the
subject matter hereof and there are no understandings or agreements relative
hereto which are not fully expressed herein.
Definitions - As used in this Agreement, the words “we,” “our,” “us” and
“Bank” mean Texas Citizens Bank, N. A. “You” and “your” refer to the account
holder authorized by Texas Citizens Bank, N. A. to use Texas Citizens Bank, N.
A. ’s Online Banking System under this Agreement and anyone else authorized by
that account holder to exercise control over the account holder’s funds through
Texas Citizens Bank, N. A. ’s Online Banking System. “Account” or “accounts”
means your accounts at Texas Citizens Bank, N. A. “Electronic funds transfers”
means ATM withdrawals, pre-authorized transactions, point of sale transactions
and transfers to and from your accounts at Texas Citizens Bank, N. A. using
Texas Citizens Bank, N. A.’s Online Banking System. “Business days” means
Monday through Friday. Holidays are not included.
Internet Security Information - Our Online Banking System utilizes a
comprehensive security strategy to protect accounts and transactions conducted
over the Internet. In addition to our login security, we use SSL (secure socket
layer) encryption technology for everything done in the system. Your browser
automatically activates this technology when it attempts to connect to our
Online Banking System and it will support 128-bit key lengths. Whenever SSL is
securing your communications, the browser will typically indicate the "secure
session" by changing the appearance of a small padlock icon at the bottom of
the screen from open to locked. What this means to you is that your
communications are scrambled from your browser to our servers at all times, so
no unauthorized party can read the information as it is carried over the
Internet. Additionally, our servers have been certified by a "Certificate
Authority" to assure you that you are actually talking to our servers instead
of someone pretending to be us.
During your use of the Online Banking System, we will pass a "cookie" to your
browser to identify you. We do not (and cannot) use our cookies to obtain new
information about you. A "cookie" is security data given to a browser by a web
server and returned by the browser on subsequent transmissions to identify the
user and encryption information. When you log onto the Online Banking System,
this cookie enables us to process multiple transactions during the session
without you having to provide your Login ID and password for each individual
transaction. After a predetermined amount of time set by our security system or
when you log off, the session cookie is no longer accepted and the password
must be re-entered. A new cookie is used for each session, so that no one can
use the cookie to access your account. For Cash Management users, a cookie may
also be used to restrict access to a specific personal computer for conducting
business transactions.
Enrollment Process - The Online Banking System requires the customer to
complete the initial registration process. This involves the customer
completing a secure online questionnaire. Once we verify the information you
submitted for accuracy and authorizations, your accounts will be added to the
Online Banking System.
Access - To use the Online Banking System, you must have at least one
account at Texas Citizens Bank, N.A., and access to Internet service. Once you
have accepted the terms of this agreement, you will be asked to set up your
internet account with Texas Citizens Bank, N.A.. You will be given instructions
which will enable you to set up your unique Access ID and Password. The Online
Banking System can be used to access only the BANk accounts that you have
authorization to access. We undertake no obligation to monitor transactions
through the Online Banking System to determine that they are made on behalf of
the account holder.
Online Banking Services - You can use the Online Banking System 24
hours, 7 days a week to check the balance of your BANK accounts, view BANK
account histories, transfer funds between your BANK accounts, order checks,
download history to personal finance software programs.
Hours of Access - You can use the Online Banking System seven days a
week, twenty-four hours a day, although occasionally some or all Online Banking
System services may not be available due to emergency or scheduled system
maintenance. We agree to post notice of any extended periods of
non-availability on the Online Banking System website.
Your Password - For security purposes, you determine what password you
will use; the identity of your password is not communicated to us. You agree
that we are authorized to act on instructions received under your password. You
accept responsibility for the confidentiality and security of your password and
agree to change your password regularly. Upon three unsuccessful attempts to
use your password, your access to the Online Banking System will be revoked. To
re-establish your authorization to use the Online Banking System, you must
contact us to have your password reset or to obtain a new temporary password.
We require that you create a password that utilizes both alpha and numeric
characters for purposes of security. Your password should not be associated
with any commonly known personal identification, such as social security
numbers, address, date of birth or names of children, and should be memorized
rather than written down.
Security - You understand the importance of your role in preventing
misuse of your accounts through the Online Banking System, and you agree to
promptly examine the paper statement for each of your BANK accounts as soon as
you receive it. You agree to protect the confidentiality of your account and
account number, and your personal identification information such as your
driver’s license number and social security number. You understand that
personal identification information by itself or together with information
related to your account may allow unauthorized access to your account. Your
password and Login ID are intended to provide security against unauthorized
entry and access to your accounts.
Data transferred via the Online Banking System is encrypted in an effort to
provide transmission security; the Online Banking System utilizes
identification technology to verify that the sender and receiver of the Online
Banking System transmissions can be appropriately identified by each other.
Notwithstanding our efforts to ensure that the Online Banking System is secure,
you acknowledge that the Internet is inherently insecure and that all data
transfers, including electronic mail, occur openly on the Internet and can
potentially be monitored and read by others. We cannot and do not warrant that
all data transfers utilizing the Online Banking System, or email transmitted to
and from us, will not be monitored or read by others.
Fees and Charges - You agree to pay the fees and charges as set forth in
the current fee schedule. You agree that all such fees and charges will be
deducted from your primary BANK account. You agree to pay any additional
reasonable charges for services you request not covered by this Agreement. You
are also responsible for telephone and Internet service fees incurred in
connection with your use of the Online Banking System.
Posting of Transfers - Transfers initiated through the Online Banking
System before 2:00 p.m. Central Standard Time on a business day are posted to
your account the same day. Transfers completed after 2:00 p.m. Central Standard
Time on a business day, Saturday, Sunday or banking holiday will be posted on
the next business day. The Online Banking System identifies a transfer based
upon the Login ID of the user who made the electronic transfer. Accordingly,
you understand and acknowledge that the View Postings screens in the Transfer
menu options of The Online Banking System will reflect transfers made by
multiple users from the same account if different Login IDs are used. You agree
to communicate to any other persons with authorized access to your accounts
concerning any transfers or bill payments from your accounts, in order to avoid
overdrafts.
Overdrafts - (Order of Payments, Transfers and other Withdrawals) - If
your account has insufficient funds to perform all electronic fund transfers
you have requested for a given business day, then: (a) Electronic funds
transfers involving currency disbursements, like ATM withdrawals, will have
priority; (b) Electronic fund transfers initiated through the Online Banking
System which would result in an overdraft of your account may, at our
discretion, be cancelled and (c) In the event that electronic fund transfers
initiated through the Online Banking System which would result in an overdraft
of your account are not cancelled, overdraft charges may be assessed pursuant
to the terms of the deposit agreement for that account.
Limits on Amounts and Frequency of Online Banking System Transactions -
The number of transfers from BANK accounts and the amounts that may be
transferred are limited pursuant to the terms of the applicable deposit
agreement and disclosure for those accounts. If a hold has been placed upon
deposits made to an account from which you wish to transfer funds, you cannot
transfer the portion of the funds held until the hold expires.
Disclosure of Account Information and Transfers - You understand
information about your accounts or the transfers you make may automatically be
disclosed to others. We will disclose information to third parties about your
account or the transfers you make: 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 order, or 4. If you give us your written
permission. We may also seek information about you from others, such as the
credit bureau, in connection with the opening or maintaining of your account or
in connection with approving your access to the Online Banking System. You
agree and hereby authorize all of these transfers of information and have no
expectations of privacy with respect to your use of the Online Banking System.
Periodic Statements - You will not receive a separate Online Banking
statement. Transfers to and from your accounts using the Online Banking System
will appear on the respective periodic paper statements for your BANK accounts.
Change in Terms - We may change any term of this Agreement at any time.
If the change would result in increased fees for any Online Banking System
service, increased liability for you, fewer types of available electronic fund
transfers or stricter limitations on the frequency or dollar amount of
transfers, we agree to give you notice at least 21 days before the effective
date of any such change, unless an immediate change is necessary to maintain
the security of an account or our electronic fund transfer system. We will post
any required notice of the change in terms on The Online Banking System website
or forward it to you by email or by postal mail. If advance notice of the
change is not required, and disclosure does not jeopardize the security of the
account or our electronic fund transfer system, you will not be notified of the
change in terms. Your continued use of any or all of the subject Online Banking
System indicates your acceptance of the change in terms. We reserve the right
to waive, reduce or reverse charges or fees in individual situations. You
acknowledge and agree that changes to fees applicable to specific accounts are
governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions about Your Electronic Transfers - Contact
us as soon as you can if you think your paper statement is wrong, or if you
need more information about a transfer listed on your paper statement. We must
hear from you no later than 60 days after we sent the FIRST paper statement
upon which the problem or error appeared. When you contact us: (1) Tell us your
name and account number; (2) Describe the error or 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; and (3) Tell us the dollar amount of the suspected
error. If you contact us by telephone or by email, we may require that you send
us your complaint or question in the form of a paper writing by postal mail or
fax within 10 business days. We will communicate the results of our
investigation to you within 10 business days after you contact us, and will
correct any error promptly. If we need more time, however, we may take up to 45
days to investigate your complaint or question. If we decide to do this, we
will provisionally credit your account within 10 business days 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
complaint or question in writing and we do not receive it in the form of paper
written within 10 business days, we may not provisionally credit your account.
If we decide that there was no error, we will send you a written explanation
within 3 business days after completion of our investigation. You may ask for
copies of the documents that we used in our investigation. If we have made a
provisional credit, a corresponding debit will be made from your account.
Our Liability for Failure to Make a Transfer - If we do not complete a
transfer to or from your account, on time or in the correct amount, according
to our agreement with you when you have properly instructed us to do so, we
will be liable to you for your losses or damages caused as a result but only to
the extent of the amount of the payment or transfer. However, there are some
exceptions: We will NOT be liable for (1) If, through no fault of ours, you do
not have enough money in your account to make a transfer; (2) If a legal order
directs us to prohibit withdrawals from the account; (3) If your account is
closed, or if it has been frozen; (4) If the transfer would cause your balance
to go over the credit limit of an established line of credit or the credit
limit for any credit arrangement set up to cover overdrafts; (5) If you, or
anyone authorized by you, commits any fraud or violates any law or regulation;
(6) If any electronic terminal, telecommunication device, or any part of The
Online Banking System electronic fund transfer system is not working properly
and you knew about the problem when you started the transfer; (7) If you have
not properly followed the on-screen instructions for using the Online Banking
System or (8) If circumstances beyond our control (such as fire, flood,
interruption in telephone service or other communication lines) prevent the
transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if
you believe your password has been lost, stolen, used without your
authorization, or otherwise compromised, or if someone has transferred or may
transfer money from your accounts without your permission. An immediate
telephone call to us is the best way to reduce any possible losses. You could
lose all the money in your accounts (plus your maximum overdraft line of
credit, if any). If you contact us within 2 business days after you learn of
the loss, theft, compromise, or unauthorized use of you password, you can lose
no more than $50 if someone used your password without your permission. If you
do NOT contact us within 2 business days after you learn of the loss, theft,
compromise, or unauthorized use of your password, and we can prove we could
have stopped someone from using your password to access your accounts without
your permission if you had told us, you could lose as much as $500. Also, if
your paper statement shows transfers that you did not make, contact us at once.
If you do not tell us within 60 days after the paper statement was mailed to
you, you may not get back any money you lost through transactions made after
the 60 day time period if we can prove that we could have stopped someone from
taking the money if you had told us in time.
LIMITATION OF LIABILITY: INDEMNIFICATION; ARBITRATION –
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WE
SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES AS EXPRESSLY PROVIDED FOR
IN THESE TERMS AND CONDITION.
WE SHALL BE LIABLE ONLY FOR LOSSES WHICH ARE THE DIRECT RESULT OF OUR OWN
NEGLIGENCE OR INTERNATIONAL MISCONDUCT IN PERFORMING THESE SERVICES, WE SHALL
HAVE NO LIABILITY FOR FAILURE TO PERFORM ANY SERVICES OR FOR ANY DISRUPTION OR
DELAY IN PERFORMING SERVICES IN THE EVENT SUCH FAILURE, DISRUPTION OR DELAY IS
DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED
TO , FAILURE OR DISRUPTION OF ELECTRIC POWER, COMPUTER EQUIPMENT,
TELECOMMUNICATION SYSTEMS, YOUR INTEREST SERVICE PROVIDER, OR WEATHER
CONDITIONS. WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL PUNITIVE
DAMAGES, OR INDIRECT LOSS UNDER ANY CIRCUMSTANCES.
UNLESS OTHERWISE REQUIRED BY LAW OR SPECIFICALLY PROVIDED FOR IN THIS
AGREEMENT, YOU AGREE THAT NEITHER WE NOR THE SERVICE PROVIDERS SHALL BE
RESPONSIBLE FOR ANY HARM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, AND ECONOMIC DAMAGES, RESULTING IN ANY WAY FROM THE
INSTALLATION, OPERATION OR MAINTENANCE OF OUR EQUIPMENT OR SOFTWARE, OR
INTERNET BROWSER OR ACCESS SOFTWARE. NOR SHALL WE OR THE SERVICE PROVIDERS BE
RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY HARM, WHETHER CAUSED BY
TEXAS CITIZENS BANK, N. A. , ITS EQUIPMENT OR SOFTWARE, OR BY INTERNET ACCESS
OR BROWSER PROVIDERS, OR BY ON-LINE SERVICE PROVIDERS, OR ANY AGENT OR
SUBCONTRACTOR OF ANY OF THE AFOREMENTIONED PARTIES.
EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER THESE TERMS AND CONDITIONS, YOU
AGREE TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND
AGENTS HARMLESS FROM ALL CLAIMS, DEMANDS, JUDGMENTS, AND EXPENSES (INCLUDING
REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
PERFORMANCE OF THESE SERVICES. YOU AGREE THAT THIS INDEMNIFICATION SHALL
SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.
DISPUTES BETWEEN YOU AND TEXAS CITIZENS BANK, N.A. UNDER THIS INTERNET ACCESS
AGREEMENT AND THAT RELATE TO ANY OF YOUR TEXAS CITIZENS BANK, N.A. ACCOUNTS ARE
SUBJECT TO THE ARBITRATION PROCEEDINGS DESCRIBED IN THE RULES AND REGULATIONS
GOVERNING ACCOUNTS.
Virus Protection – Texas Citizens Bank, N. A. is not responsible for any
electronic virus or viruses that you may encounter. We encourage our customers
to routinely scan their personal computers and diskettes using a reliable virus
detection product to detect and remove any viruses. Undetected or unprepared
viruses may corrupt and destroy your programs, files and even your hardware.
Additionally, you may unintentionally transmit the virus to other computers.
Your Right to Terminate - You may cancel your use of the Online Banking
System at any time by providing us with written notice by postal mail or fax.
Your access to the Online Banking System will be suspended within 3 business
days of our receipt of your instructions to cancel the service. You will remain
responsible for all outstanding fees and charges incurred prior to the date of
cancellation.
Our Right to Terminate - You agree that we can terminate or limit your
access to the Online Banking System for any of the following reasons: (1)
Without prior notice, if you have insufficient funds in any one of your BANK
accounts; Online Banking System may be reinstated, in our sole discretion, once
sufficient funds are available to cover any fees, pending transfers and debits;
(2) Upon 3 business days notice, if you do not contact us to designate a new
primary checking account immediately after you close your primary checking
account and (3) Upon reasonable notice, for any other reason in our sole
discretion.
Communications between Texas Citizens Bank, N. A. and You - Unless this
Agreement provides otherwise, you can communicate with us in any one of the
following ways: (1) Email –You can contact us by email at
CustomerService@TexasCitizensBank.com (please note that banking
transactions through the Online Banking System are not made via email); (2)
Telephone - You can contact us by telephone at 713.948.9494; (3) Facsimile -
You can contact us by fax at 713.218.0753; (4) Postal Mail - You can write to
us at: Texas Citizens Bank, N. A. P.O. Box 890029, Hostuon, TX. 77289-0029; and
(5) In Person - You may visit us in person at our location: 4949 Fairmont
Parkway, Pasadena, TX. 77505. Hours of operation: Lobby Hours Monday-Friday
9:00am-4:00pm.
Consent to Electronic Delivery of Notices - You agree that any notice or
other type of communication provided to you pursuant to the terms of this
Agreement, and any future disclosures required by law, including electronic
fund transfer disclosures, may be made electronically by posting the notice on
the Bank’s website (TexasCitizensBank.com) or by email. You agree to notify us
immediately of any change in your email address.
BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, YOU ARE AGREEING TO ALL THE TERMS
AND CONDITIONS OF THE "ONLINE ACCESS AGREEMENT AND ELECTRONIC FUND TRANSFER ACT
DISCLOSURE
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