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Online Access Agreement and Electronic Fund Transfer Act Disclosure

This agreement is a contract that establishes the rules that cover electronic access to your accounts at Amarillo National Bank through Online Banking.

By using Online Banking, you accept all terms and conditions of this Agreement.  PLEASE READ IT CAREFULLY.

The terms and conditions of the deposit agreements and disclosures, including the Regulation E disclosure for all Electronic Funds Transfers, for each of your Amarillo National Bank Accounts as well as your other agreements such as loans, fees and charges, 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. If any provision of this Agreement is found 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. This Agreement is binding upon your heirs and Amarillo National Bank’s successors and assigns. The obligations under this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive such termination, cancellation or expiration.

Definitions. As used in this Agreement, the words “we,” “our,” “us,” and “Bank” mean Amarillo National Bank. The use of “you” and “your” refer to the accountholder authorized by Bank to use Online Banking under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through Online Banking. “Account” or “Accounts” means your accounts at Bank, as applicable. “Electronic Funds Transfers” means ATM withdrawals, pre-authorized transactions, point of sale transactions, transfers to and from your Bank accounts using Online Banking, including bill payments. “Online Banking services” means the services provided pursuant to this Agreement, including the bill payment services. “Bill Payment Service” and/or “Service” means the bill payment service that the Bank makes available over the Internet with Paytraxx. “Payee” or “Merchant” means anyone you designate and we accept as a payee. “Payment” means your remittance to a Payee.“Account” in relation to the Bill Payment Service means the deposit Account you designate for Bill Payment transactions. “Business Days” means Monday through Friday, except federal holidays.

Access. To use Online Banking, you must have at least one Account with Bank, and access to Internet service. Access to your Accounts through Online Banking will be based upon the identification of users and authority levels maintained at the Bank. We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the accountholder.

Online Banking Services. You can use Online Banking to check the balance of your Bank Accounts, transfer funds between your Accounts, make stop payment requests, and/or to pay bills from your Account in the amounts and on the dates you request.  If you have an account that requires 2 signatures for withdrawals please note that online bill payment will be unable to accommodate this feature. If you chose to sign up for bill pay, the bank will not be liable for disputed payments on accounts with two signatures required. 

Hours of Access. You can access Online Banking seven days a week, twenty-four hours a day, although some or all Online Banking services may not be available occasionally due to emergency or scheduled system maintenance.

Your Password. For security purposes, you are required to change your password upon your initial login to Online Banking. The password, a minimum of 8 digits, maximum of 12 digits, is determined by the accountholder and is not communicated to the Bank. 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. After three unsuccessful login attempts, the system locks the user out, requiring either a designated wait period or a phone call to the Bank to reset the password before re-entry into the system. We recommend that you create a unique access ID that utilizes both upper and lowercase 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, addresses, dates of birth, or names of children, and should be memorized.

Security. You understand the importance of your role in preventing misuse of your Accounts through Online Banking and you agree to promptly examine your paper statement for your Bank Account as soon as you receive it. You agree to protect the confidentiality of your Account, Account number, and personal identification information, such as your driver’s license number and Social Security number. Your password and access ID are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via Online Banking is encrypted in an effort to provide transmission security. Once the server session is established, the user and the server are in a secured environment. The server has been certified as a 128-bit encrypted with Secure Sockets Layer (SSL) protocol. With SSL, data that travels between the bank and customer is encrypted and can only be decrypted with the public and private key pair. Requests must filter through a router and firewall before they are permitted to reach the server. Notwithstanding our efforts to ensure that Online Banking is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be read by others. YOU HAVE READ OUR SECURITY STATEMENT AND ACKNOWLEDGE THAT THE ELECTRONIC SECURITY MEASURES USED IN YOUR ONLINE BANKING TRANSACTIONS ARE REASONABLE AND ACCEPTABLE.

Transfers. Transfers initiated through Online Banking before 5:00 PM (Central Time) on a Business Day are posted to your Account the same day. Transfers completed after 5:00 PM (Central Time) on a Business Day will be posted on the next Business Day. Transfers completed anytime other than a Business Day will be posted on the next Business Day. Online Banking identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your Accounts concerning any transfers or bill payments from your Accounts in order to avoid overdrafts.

For current bill pay transactions, you will need to have sufficient available funds in that Account to cover the amount of the bill payment on the day you initiate the payment, and we will debit your Account at that time. If there are insufficient available funds in the Account when we try to debit it, then we may not allow the bill payment to go forward. We will not be liable for any harm that may occur due to a delay in notice or in processing. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement.

Overdrafts. If your Account has insufficient funds to perform all Electronic Funds Transfers you have requested for a given Business Day, then: a. Electronic Funds Transfers involving current disbursements, like ATM withdrawals, will have priority; b. Electronic Funds Transfers initiated through Online Banking, which would result in an overdraft of your Account, may, at our discretion, be cancelled; or c. in the event the Electronic Funds Transfer initiated through Online Banking would result in an overdraft of your Account and is not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that Account. If a hold has been placed on 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.

Online Banking Bill Payment Service. Through Online Banking you may subscribe to our optional Bill Payment Service.  The Bill Payment Service allows you to schedule payments through the Internet for current, future, and recurring bills from your checking account with us. You may use our Bill Payment Service to direct us to make payments from your designated Account to the Payees you choose in accordance with this Agreement. You may use the Bill Payment Service to authorize recurring Payments or non-recurring Payments.  Recurring Payments are Payments that you schedule in advance to recur at substantially regular intervals in the same amount to the same Payee.  Recurring Payments may be scheduled for up to ten (10) years.  Non-recurring Payments are a single, one-time Payment to a specified Payee.  Non-recurring Payments may be scheduled to be initiated up to eighteen (18) months in advance. 

To subscribe to Bill Payment Service, you must designate a primary checking account to begin the Bill Payment transactions. The Account you designate for this purpose must be in good standing with us in accordance with our criteria. Bill Payment Service is intended for use only by individuals and sole proprietors.  Other types of legal entities (partnerships, companies, corporations) are not permitted to use the Bill Payment Service. We will not permit you to use a money market or savings account as your designated Bill Payment Service Account because federal regulations require us to limit the number and types of transfers from money market and savings deposit accounts. Requirements for dual signatures on checks do not apply to the Bill Payment Service.

To complete a Bill Payment transaction, you must designate the Account from which the Payments are to be made, the complete name of the Payee, the Payee’s account number, and the Payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the Payment; and the date you want the Payment to be debited from your Account. If the date you want the payment to be debited from your Account is not a Business Day, your Account will be debited the next Business Day. By using the Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated Account by transfer, or by debiting and remitting funds on your behalf. We reserve the right to refuse to pay any Payee designated by you. If we do so, we will promptly notify you.

You can use the Bill Payment Service to make payments to almost any Payee or Merchant you  want, including individuals, local service providers, utilities, credit cards, or to make mortgage or loan payments, or charitable donations, etc.  However, the Bill Payment Service cannot be used to make payments for the following:

  • Tax payments to the Internal Revenue Service or any state, local or other government agency;
  • Court-ordered payments such as child support or alimony; and
  • Payees located outside of the United States.

 

By furnishing us with the names of your Payees (Merchants and/or individuals) and their addresses, you give us authorization to follow the Payment instructions, which you provide to us.  When we receive a Payment instruction for the current date or a future date, we will remit the funds to the Payee on your behalf from the funds in your designated Account and on the day you have instructed them to be sent (“Payment Date”).  We are not obligated to pay funds from your Account if the available Account balance is insufficient to cover the Payment.  Funds for ALL bill payments, whether paid electronically or by check, will be withdrawn from your Account no later than three (3) business days following the Payment Date. 

We are not responsible if a Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant, or if you attempt to pay a Merchant that is not on your Merchant accounts list.

We limit the amount of each individual Bill Payment transaction to $10,000.00.

Payments are typically processed on Business Days at 1:00 PM (Central Time).  If you attempt to schedule a Payment on a non-Business Day, you will be prompted to select a different date, or the Payment will be processed on the preceding Business Day if it is an auto recurring Payment. The Payment method may be electronic or by check. The first Payment to a Merchant must be scheduled at least five (5) Business Days prior to the due date for each Payment (recurring or variable) to allow adequate time for the Payment to reach the Payee.  The due date is the date the Merchant has designated for payment, and should not be adjusted for any grace period or late date accommodations the Merchant may provide.  Once the Service has been notified that a Merchant accepts electronic payments or requires a paper check, after making the first Payment to that Merchant, the Service will display a message indicating that the Merchant requires either a two (2) day lead time for an electronic payment, or a five (5) day lead time if a paper check sent by regular mail is required.

Any Payments made with the Bill Payment Service require sufficient time for your Payee to properly credit your account with them.  To avoid incurring a finance charge or other charge, you must schedule a Payment sufficiently in advance of the due date of your Payment. If you fail to schedule your Payment according to the recommended timeframe, we will not be responsible for the late fees or finance charges.  We will not be liable if any third party, through whom any Payment is made, fails to properly transmit the Payment to the intended Payee. 

You agree to have available collected funds on deposit in the Account you designate in amounts sufficient to pay for all Payments requested, as well as any other payment obligations you have to us. We reserve the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other term of this Agreement. If you have insufficient funds in your designated Account and we have not exercised our right to reverse or reject a Payment, you agree to pay for such payment obligations on demand.  You further agree that we, at our option, may charge any of your Accounts with us to cover such payment obligations.

Any Payment can be changed or cancelled; provided you access the Service prior to 1:00 PM (Central Time) on the Business Day the Payment is going to be processed. We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to the time the Payment has cleared.  Once the Payment has cleared, you can no longer stop payment. 
  
If all Payment guidelines were followed and a Payment is still posted late to your account with a Merchant resulting in late fees, we may, at our discretion, make an attempt to have the Merchant waive the late fees.  If the Merchant is unwilling to waive late fees, up to $50 in late fees assessed by the Merchant will be covered by Paytraxx. However, due to factors beyond our control such as the U.S. Mail and payment processing at the Merchant, it is not guaranteed that a Payment will post on the fifth Business Day (or second Business Day, if issued electronically).  It is imperative to note that Merchant grace periods are not taken into consideration.  If adequate lead time prior to the payment due date was not allowed by you in scheduling the Payment, we will not be liable for any late fees.

If the Merchant is not willing to discuss late fees or the status of your account with us, you will be notified and advised that the Merchant requires your authorization before further discussions can occur between us and the Merchant and you agree to provide such authorization. 

You are solely responsible for controlling the safekeeping of and access to your Bill Payment information. You are liable for all transactions you make or that you authorize another person to make, even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must change your Online Banking logon password.   In the event that you have experienced unauthorized access to our Bill Payment Service, you must notify us of the unauthorized access, identify any Payments made or potential Payments scheduled, change your logon information and take such other and further steps as we may request.   If you have an account that requires 2 signatures for withdrawals please note that online bill payment will be unable to accommodate this feature.  If you chose to sign up for bill pay, the bank will not be liable for disputed payments on accounts with two signatures required.

You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. We are not responsible for a Payment that is not made if you did not properly follow the instructions for making the Payment. We are not liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a Payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be our agent.
  
If the Payee is to be paid by paper check, you understand and agree that paper checks are mailed to the Payee and the Payee may not receive the payment until 7 to 10 days after the date the Payment is debited from your Account. If the Payee is to be paid electronically, you understand and agree that the Payee may not receive the Payment until 2 to 4 days after the date the Payment was debited from your Account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment Payee to properly post a payment to your account.

Stop Payment Requests. Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your Account, you CANNOT cancel or stop the bill payment, which has been paid electronically. You may be able to stop an Online Banking bill payment paid by paper draft by contacting us by telephone at 806-378-8000 before the paper draft has cleared. If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft already cleared. To be effective, this type of stop-payment request must precisely identify the name of the Payee, the payee-assigned account number and the amount and scheduled date of the Payment. You will incur stop payment charges as disclosed in the current fee-schedule for applicable amount.

Periodic Statements. You will not receive a separate Online Banking statement. Transfers to and from your Accounts using Online Banking will appear on the respective paper statements for your bank Accounts and you should carefully review the paper statements.

Change of Terms. We may change any term of this Agreement at any time. If the change would result in increased fees for any Online Banking service, increased liability for you, fewer types of available Electronic Funds 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 Funds Transfer system. We will post any required notice of the change in terms on the Bank website or forward it to you by e-mail or by postal mail. If advanced notice of the change is not required, and disclosure does not jeopardize the security of the Account or our Electronic Funds Transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. You acknowledge and agree that changes to fees applicable to specific Accounts are governed by the applicable deposit agreements and disclosures.

We may amend or cancel any provision or charge by disclosing the change electronically, and, at our option, by sending you notification in addition thereto.  You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the Accounts or services to which these changes relate, at your option. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.

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:

  • Tell us your name and Account number.
  • 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.
  • Tell us the dollar amount of the suspected error.
  • If the suspected error relates to a bill payment, tell us the account number used to pay the bill, Payee name, the date the Payment was made and Payment amount.

 

If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in writing by postal mail or fax within 10 Business Days. We will communicate to you the results of our investigation 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 and provide provisional credit for the amount in dispute.*  If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish 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. *For errors involving foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint.

Our Liability for Failure To Make a Transfer. If we do not complete a transfer to or from your Account, including a bill payment, 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. However, some exceptions apply. We will not be liable, for instance:

  • If through no fault of ours, you do not have enough money in your Account to make a transfer;
  • If a legal order directs us to prohibit withdrawals from the Account;
  • If your Account is closed, or if it has to be frozen;
  • 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;
  • If you, or anyone authorized by you, commits any fraud or violates any law or regulation;
  • If any electronic terminal, telecommunication device, or any part of the Online Banking Electronic Funds Transfer system is not working properly and you know about the problem when you started the transfer;
  • If you have not provided us with complete and correct payment information for the Bill Payment Service, including without limitation, the name, address, your Payee-assigned account number, payment date and payment amount for the Payee on a bill payment;
  • If you have not properly followed the on-screen instructions for using Online Banking; or
  • 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 may 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.

Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Online Banking services provided to you under this Agreement. We do not and cannot warrant that Online Banking will operate without errors, or that any or all Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Amarillo National Bank exceed the amount paid by you for the services provided to you through Online Banking.

You are responsible for obtaining, installing, maintaining and operating all computer hardware and software necessary for Online Banking and Bill Pay. The Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

Confidentiality. We will disclose information to third parties about your Account or the transfers you make:

  • To complete transfers as necessary;
  • To verify the existence and condition of your Account upon the request of a third party, such as a credit bureau or merchant;
  • To comply with government agency or court orders; or
  • If you give us your written permission.

 

Right to Terminate. You agree that we can terminate or limit your access to Online Banking for any of the following reasons:

  • Without prior notice, if you have insufficient funds in any one of your Bank Accounts; Online Banking service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits;
  • Upon three business days notice, if you do not contact us to designate a new primary checking account immediately after you close your checking account; or
  • Upon reasonable notice, for any other reason at our sole discretion.

 

We reserve the right to terminate your use of Bill Payment Service at any time without prior notice to you.  If you do not access or use the Bill Payment Service for a period of more than ninety (90) days, we may in our sole discretion, terminate your access to and use of the Bill Payment Service without notice to you.

If, for any reason, you should want to terminate your use of our Bill Payment Service, we recommend that you cancel all future Payments and transfers at the same time you terminate the Service, either by deleting the Payments yourself or by contacting the Bank as stipulated below.  We will delete all outstanding Payments (both one-time and recurring), as part of your Service termination. We are not responsible for any fixed Payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any and all Payments made by us on your behalf through the Bill Payment Service.

Assignment and Amendment. We may assign this Agreement to any affiliate, parent or other company.  We may also assign or delegate certain of our rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.

General. This Agreement is intended to supplement and not to replace other agreements between you and us relating to your Accounts. In the event of a conflict between this Agreement and any other Account rules and agreements that apply to your Accounts, this Agreement shall govern and prevail.

Electronic messages.  Electronic messages from you to us, or from us to you, will be treated as written documents for any purpose a written document is needed. However, we can require written confirmation of messages or instructions if we choose, and may delay any executing transactions until we receive confirmation acceptable to us. We might do this, for example, if we think it will help protect you or us from fraud or a loss, but we can do so in other circumstances.

Communication.  Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

E-mail: feedback@anb.com
(We understand that e-mail is a simple and cost effective method of communication, however items such as requests and inquiries needing immediate attention should not be sent via e-mail. Also, sensitive personal and account information like account numbers, Social Security numbers, passwords, or PIN numbers should not be sent by e-mail. Because an e-mail message that you send may not be immediately reviewed by a bank representative, you must contact the bank by telephone or in person for items needing immediate attention. E-mail messages do not serve as a sufficient means for any requirement imposed on you to provide written notice, and e-mail messages may not be used to place a stop payment on a check, request account transfers, or report lost or stolen banking codes and/or cards.)

Telephone: (806) 378-8000

Postal: Amarillo National Bank, P.O. Box 1, Amarillo, TX 79105

USE OF THE ONLINE BANKING SERVICES INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AS MAY BE AMENDED FROM TIME TO TIME. THIS AGREEMENT IS PROVIDED IN ELECTRONIC FORM AND BY USING THE ONLINE BANKING SERVICES, YOU AGREE TO ACCEPT THIS AGREEMENT IN THAT FORM.  PLEASE READ THIS AGREEMENT CAREFULLY AND ONLY ACCEPT IT IF YOU FULLY UNDERSTAND ITS CONSEQUENCES.

 

 

All Content ©2008 Amarillo National Bank.