By using any of Amarillo National Bank banking services, Customer accepts all terms and conditions of this Agreement. PLEASE READ IT CAREFULLY. ACCEPTANCE OF THIS AGREEMENT AND ANY OTHER APPLICABLE TERMS AND CONDITIONS IS A CONDITION PRECEDENT TO CUSTOMER’S USE OF THE OFFERED BANKING SERVICES.
This Agreement is a contract that establishes the rules that govern access to your Accounts, including the Accounts of your affiliates and related entities that accept or receive Banking Services from Amarillo National Bank, including any branch.
By using any of our services (“Banking Service(s)”), you accept all terms and conditions of this Agreement. In addition to this Agreement, Banking Services may include other specific services offered by the Bank that may contain additional terms and conditions, which are incorporated herein by reference.
Notwithstanding anything to the contrary in this Agreement, the terms and conditions of the deposit agreements and disclosures, including the Regulation E disclosure for all Electronic Funds Transfers, for each of your ANB Accounts as well as your other agreements such as loans, fees and charges, continue to apply.
Definitions. As used in this Agreement, the words “we,” “our,” “us,” and “Bank” mean Amarillo National Bank, including any branch. The use of “you” and “your” refer to the accountholder authorized by the Bank to use the Banking Services and anyone else authorized by that accountholder to exercise control over the accountholder’s funds utilizing the Banking Services. “Account” or “Accounts” means your accounts at the Bank, as applicable. “Electronic Funds Transfers” means ATM withdrawals, pre-authorized transactions, point of sale transactions, transfers to and from your Bank accounts, including without limitation Bill Paying Services. “Bill Paying Services” means the bill payment services that the Bank makes available over the Internet and may not be designated as “bill payment”. “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 Paying Service means the deposit Account you designate for Bill Paying Services. “Business Days” means Monday through Friday, except federal holidays (see Bank Holidays).
Access. To use the Banking Services, you must have at least one Account with the Bank, and access to Internet service. Access to your Accounts will be based upon the identification of users and authority levels maintained at the Bank. We undertake no obligation to monitor your transactions to determine that they are made on behalf of the accountholder.
Banking Services. You can use the Banking Services 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 date you request. If you have a Bank Account that requires two (2) signatures for withdrawals, please note that the internet Banking Services will be unable to accommodate this feature. If you chose to sign up for Bill Paying Service, the Bank will not be liable for disputed payments on accounts with two (2) signatures required.
ACH Services. If you elect to use the Bank’s Automated Clearing House ("ACH") services as a part of the Banking Services, you agree to the additional ACH Services and accept all additional ACH terms and conditions, which are incorporated herein by reference.
Business Customers. Bank’s business and commercial customers agree to the additional Business Services and accept all additional business terms and conditions, which are incorporated herein by reference.
Third-Party Services. Portions of the Banking Services may be utilized in conjunction with other third-party products and services, including without limitation, MoneyDesktop, Estatement Delivery, CheckFree, Payzur, Biller Direct, CardSwap. BANK MAKES NO WARRANTY REGARDING ANY TRANSACTIONS, PRODUCTS OR BANKING SERVICES EXECUTED THROUGH A THIRD-PARTY, OR BY A THIRD-PARTY IN CONNECTION WITH THE BANKING SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR SERVICES THROUGH A THIRD-PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY US. Bank does not warrant or represent that any third-party provider is compliant with federal, state or local laws and regulations. Furthermore, as it relates to third-party products and services and without limitation, Bank makes no warranties or representations as to the storage, handling, processing and transmission of your data to any particular standards. Bank makes no warranties and representations regarding the performance and security of any third-party system. Further, we shall not be liable in any way for third-party promises regarding our offerings or for assistance in conducting commercial transactions with the third-party. THE USE OF THIRD-PARTY PRODUCTS AND SERVICES IS SUBJECT TO SUCH THIRD-PARTY’S TERMS AND CONDITIONS AND IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS YOU EXPERIENCE AS A RESULT OF YOUR USE OF THIRD-PARTY PRODUCTS AND SERVICES. ANY WARRANTY THAT IS PROVIDED BY A THIRD-PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY US.
Hours of Access. You can generally access the Banking Services seven (7) days a week, twenty-four (24) hours a day, although some or all Banking Services may be unavailable periodically due to emergency or scheduled system maintenance.
Your Password. For security purposes, you are required to change your password upon your initial login to the Banking Services. Your password solely determined by the accountholder and must meet the Bank’s requirements for creating a password. 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 (3) unsuccessful login attempts, the system locks the user out, requiring 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 and otherwise kept in a secure manner.
Security. You understand the importance of your role in preventing misuse of your Accounts and you agree to promptly examine your paper or electronic 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, access ID and MFA (Multi-Factor Authentication) are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via the Banking Services 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 256-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 the Banking Services are secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including email, 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 FOR THE BANKING SERVICES ARE REASONABLE AND ACCEPTABLE.
Transfers. Transfers initiated through the Banking Services 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. The Banking Services 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.
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 the Banking Services, 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 The Banking Services 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.
Bill Paying Service. You may subscribe to our optional bill payment services. The Bill Paying 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 Paying 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 Paying 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 a set period of your choice or to continue until you cancel the recurring payment. In the event your payee gets to a zero balance, the Bill Paying Service will continue to send payments until you cancel the payment or your Account lacks the necessary funds to make the payment. Non-recurring payments are a single, one-time payment to a specified payee. Non-recurring payments may be scheduled to be initiated up to twelve (12) months in advance.
To subscribe to Bill Paying Service, you must designate a primary checking Account to begin the Bill Paying Services. The Account you designate for this purpose must be in good standing with us in accordance with our criteria. Bill Paying 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 Paying Service. We will not permit you to use a money market or savings account as your designated Bill Paying 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 Paying Service.
To complete a Bill Paying Service 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 Paying 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 Paying 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 Paying 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 your payment instructions. When we receive your payment instructions 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. 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 paid electronically or by single (corporate) check, will be withdrawn from your Account on the date you request payment to be made. Funds for bill payments paid by draft check will be withdrawn when the check is cleared by the payee.
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.
We are not responsible if a payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a merchant.
We reserve the right to limit the amount of each individual bill payment transaction.
Payments are typically processed on Business Days at 6:00 PM (Central Time). You cannot schedule a payment on a non-Business Day and you will have to select a different date for the payment. Auto recurring payments that occur on a non-Business day will be processed on the preceding Business Day. The payment method may be electronic or by check. 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.
Any Payments made with the Bill Paying 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 any 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 Bill Paying Service prior to 3:00 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 us. 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 date you requested the payment be made. 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 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 logon password for the Banking Services. In the event that you have experienced unauthorized access to the Bill Paying 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 two (2) signatures for withdrawals, please note that the Bill Paying Service will be unable to accommodate this feature. If you chose to sign up for the Bill Paying Service, ANB will not be liable for disputed payments on accounts with two (2) 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 by the date you requested payment be made. 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.
Text Banking. By using Text Banking for your account, you must have full signing authority on such Account. It is your sole responsibility to ensure your devices are compatible with and capable of operating in a manner that allows you to utilize Text Banking securely, including, but not limited to, installing current software patches and current security software. You understand and agree that any Text Banking transaction request which results in a negative account balance may be refused by the Bank. We are authorized to send any Text Banking message through your communication services provider in order to deliver the message to you and you agree that your communication services provider is acting as your agent for this purpose. You agree to provide a valid phone number for this Banking Service so that we may send you certain information about your Account. We will determine in our sole discretion what information we make available through this Banking Service. Text Banking is provided for your convenience and does not replace your monthly Account statements, which continue to be the official record of your Account. You acknowledge that this Banking Service may not be encrypted and may include personal or confidential information about you. You agree to protect your communications device that receives information through this Banking Service and not to let any unauthorized person have access to the information we provide to you. You have the sole responsibility for maintaining the safety, security and integrity of your device used to send and receive text messages. You shall bear the entire risk for any use thereof, whether or not you have authorized such use and whether or not you are negligent. If you permit other persons to use the device, you will be held responsible for any transactions they authorize and we are not liable for any losses you incur. You agree not to use Text Banking or the content or information delivered through Text Banking in any way that would be considered illegal. You understand that receipt of Account information through Text Banking may be delayed or impacted by factors pertaining to your carrier or other parties and circumstances beyond our control. Text Banking does not create any new or different liability for us beyond what is already applicable under your existing Account agreements. There is no separate service fee for this Banking Service, but you are responsible for any and all charges, including, but not limited to, fees otherwise applicable to your Account and fees associated with text messaging imposed by your communications service provider. Message and data rates may apply. You have the ability to disable Text Banking at any time. You will never receive a Text Banking message that asks you to send us any sensitive personal or financial information. If you ever receive such a request for sensitive personal or financial information – such as your Social Security Number, account number, password, PIN number, or any other personal data - do not respond to the message and contact the Bank immediately to report the incident.
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 or by check. You may be able to stop a bill payment paid by paper draft or check by contacting us by telephone before the paper draft has cleared. If the paper draft has not cleared, we will immediately process your stop-payment request. You may be able to stop a payment paid by single corporate check by contacting us by telephone before the single corporate check has cleared, it is important to note that stopping a single corporate check will not stop the amount from being debited from your Account on the date payment was requested to be made, however the credit for the stop payment will show before the debit. We will notify you immediately if the paper draft or single corporate check has 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 the applicable amount.
Periodic Statements. You will not receive a separate statement for use of the Banking Services. Transfers to and from your Accounts using the Banking Services will appear on the respective paper or electronic statements for your Accounts and you should carefully review the paper or electronic statements. If you choose to have your periodic statements electronically delivered, you should review E-statement Delivery terms and conditions.
Business Services. Business Services section are only available to eligible corporate/business customers. The Bank offers additional services (collectively, a part of the “Banking Services”) to its eligible business or commercial accounts. Bank’s Cash Management Services offers commercial banking services via the Internet. Corporate/business customers will appreciate the detailed account information and easy access of bank services through our system.
Bank makes available to you the Services described herein, such as: account inquiry, account balances, account list, initiating funds transfers, fund transfer list, incomplete fund transfers, recap of funds transfers issued, recap of all funds transfers, review of fund transfers, transaction list, transaction menu, transaction search, exporting transaction information, issue a stop payment request, stop payment menu, and stop payment search.
Transactions initiated by you on your account shall typically be available between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday, excluding Bank Holidays (see Bank Holidays). Except during certain periods when the Services are unavailable and as otherwise provided herein, account inquiries, lists and other features of the Services are typically available to you 24 hours a day, 7 days a week.
Each time you or its authorized personnel accesses or uses the Services, you reaffirm acceptance of all terms and conditions applicable to the Services, as amended. Available services include:
Account Services. you may access the Services to obtain a listing of accounts and to make account inquiries regarding transactions and account balances.
Account Information Disclosure. You acknowledge that information obtained on your account and made available by use of the Services may not reflect other account transactions originated by you, but not yet received or processed by Bank. You acknowledge and agree that Bank has the sole discretion as to the order in which to process transactions regarding your account.
Available Services. The Funds Management feature of the Services allows you to initiate funds transfers, obtain a listing of fund transfer transactions, and obtain a summary of all complete and incomplete funds transfers occurring during the business day.
Funds Transfers Requirements. you may initiate wire transfers from your account, provided that: (i) all wire transfer requests are received by Bank before 2:00 p.m. on the day you desire the wire transfer: and (ii) unless otherwise agreed by Bank in advance, the account has sufficient collected funds to pay the requested wire transfer.
Bank shall not be obligated to send wire transfer notices to you, except as may be reflected in your monthly bank statement and except as provided in the Services through the use of the fund transfer listing feature. you shall be solely responsible for verifying the accuracy of the information contained in a wire transfer request. Bank, in its sole discretion and without prior notice to you, may refuse to honor any wire transfer request if honoring the request would overdraw the account or violate the terms of this Agreement or any local, state, or federal law. In the event your account is overdrawn as a result of Bank honoring a wire transfer request, such action shall not be deemed a waiver of Bank’s rights regarding future wire transfer requests, and you agree to replenish the overdrawn account on or before the next business day of Bank.
Available Services. You may access the Services to obtain a detailed list of transaction activity pertaining to the account, a listing of transactions associated with your account, research a particular transaction and issue stop-payment requests.
Stop-Payment Requests. Stop-payment requests must be received by Bank before the earlier of the time when the item on which the stop-payment request is made has been paid by Bank or 3:00 p.m. on the banking day in question.
Your Access ID, PIN Number and Passwords. Each authorized user may access the Services only by use of: (i) a token issued by Bank to generate a random password for each login, and multi-digit PIN created by authorized user; and (ii) use of a Access ID issued by Bank to you. As part of the security procedures, you agree to change your PIN periodically. You shall be solely responsible for distributing your Access ID issued by Bank to authorized users and for protecting and preserving the confidentiality and secrecy of the you Access ID, Token and PIN issued to authorized users.
Users and Levels of Authority. You are solely responsible to authorize those persons or employees you deem appropriate to be authorized users and to establish levels of authorization as to each user. You shall be solely responsible for the levels of authority given to each user and for the authorized users’ access to your accounts.
Release of Information. As a condition of using the Services, you acknowledge that account-related information will be made available to any authorized person who accesses the Services and, to this extent; you waive all rights associated directly or indirectly with rights to financial privacy and with the dissemination of financial information to such authorized persons.
Future Enhancements. You acknowledge and agrees that as enhancements to the Services and software become available; such enhancements shall be made a part of this Agreement and may be implemented without notice to you.
Positive Pay. 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.
Change of Terms. We may change any term of this Agreement at any time. If the change would result in increased fees for any the Banking Services, 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 post a 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’s website. If advance 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 on the Bank’s website 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 any 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 use of the Banking Services to which these changes relate, at your option. We also reserve the right, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.
In Case of Errors or Questions about Your Use of the Banking Services. Please refer to the on the Bank’s website for reporting an error or questions about an electronic transfer.
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 your instructions, 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 Banking Services 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 Paying 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 the Banking Services; 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.
Liability; Limitations on Liability; Indemnity. IN THE PERFORMANCE OF THE BANKING SERVICES, BANK SHALL BE ENTITLED TO RELY SOLELY ON THE INFORMATION, REPRESENTATIONS, AND WARRANTIES PROVIDED BY YOU AND SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS THEREOF. BANK SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE BANKING SERVICES EXPRESSLY PROVIDED AND SHALL BE LIABLE ONLY FOR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING THOSE BANKING SERVICES. BANK SHALL NOT BE RESPONSIBLE FOR YOUR ACTS OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, THE AMOUNT, ACCURACY, TIMELINESS OF TRANSMITTAL OR AUTHORIZATION OF ANY ENTRY RECEIVED FROM YOU) OR THOSE OF ANY OTHER PERSON AND NO SUCH PERSON SHALL BE DEEMED THE BANK'S AGENT. YOU AGREE TO INDEMNIFY BANK AGAINST ANY LOSS, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS' FEES AND COSTS) RESULTING FROM OR ARISING OUT OF ANY CLAIM OF ANY PERSON THAT BANK IS RESPONSIBLE FOR YOUR ACTS OR OMISSIONS OF OR ANY OTHER PERSON, INCLUDING CLAIMS BY A CONSUMER UNDER CONSUMER FINANCIAL PROTECTION BUREAU REGULATION E.
IN NO EVENT SHALL BANK BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHICH YOU MAY INCUR OR SUFFER IN CONNECTION WITH THE BANKING SERVICES, WHETHER OR NOT THE LIKELIHOOD OF SUCH DAMAGES WAS KNOWN OR CONTEMPLATED BY BANK AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY OF LIABILITY WHICH CUSTOMER MAY ASSERT, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM THE BANK’S ACTS OR OMISSIONS RELATING IN ANY WAY TO THE BANKING SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PROVISIONS, BANK SHALL BE EXCUSED FROM FAILING TO ACT OR DELAY IN ACTING IF SUCH FAILURE OR DELAY IS CAUSED BY LEGAL CONSTRAINT, INTERRUPTION OF TRANSMISSION OR COMMUNICATION FACILITIES, EQUIPMENT FAILURE, WAR, EMERGENCY CONDITIONS OR OTHER CIRCUMSTANCES BEYOND BANK'S CONTROL. IN ADDITION, BANK SHALL BE EXCUSED FROM FAILING TO TRANSMIT OR DELAY IN TRANSMITTING AN ENTRY IF SUCH TRANSMITTAL WOULD RESULT IN BANK’S HAVING EXCEEDED ANY LIMITATION UPON ITS INTRA-DAY NET FUNDS POSITION ESTABLISHED PURSUANT TO PRESENT OR FUTURE FEDERAL RESERVE GUIDELINES OR IN BANK'S REASONABLE JUDGMENT OTHERWISE WOULD VIOLATE ANY PROVISION OF ANY PRESENT OR FUTURE RISK CONTROL PROGRAM OF THE FEDERAL RESERVE OR ANY RULE OR REGULATION OF ANY OTHER U.S. GOVERNMENTAL REGULATORY AUTHORITY.
SUBJECT TO THE FOREGOING LIMITATIONS, BANK'S LIABILITY FOR LOSS OF INTEREST RESULTING FROM ITS ERROR OR DELAY SHALL BE CALCULATED BY USING A RATE EQUAL TO THE AVERAGE FEDERAL FUNDS RATE AT THE FEDERAL RESERVE BANK OF NEW YORK FOR THE PERIOD INVOLVED. AT BANK'S OPTION, PAYMENT OF SUCH INTEREST MAY BE MADE BY CREDITING YOUR ACCOUNT.
Right to Terminate. You agree that we can terminate or limit your access to the Banking Services for any of the following reasons:
- Without prior notice, if you have insufficient funds in any one of your ANB Accounts; the Banking Services may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits;
- If you do not contact us to designate a new primary checking account immediately after you close your checking account; or
- For any other reason at our sole and absolute discretion.
We reserve the right to terminate your use of the Banking Services and/or Bill Paying Service at any time without prior notice to you. If you do not access or use the Banking Services or the Bill Paying Service for a period of more than one hundred eighty (180) days, we may in our sole discretion, terminate your access to and use of such Banking Service without notice to you.
If, for any reason, you should want to terminate your use of our Bill Paying Service, we recommend that you cancel all future payments and transfers at the same time you terminate the Banking 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 Paying Service.
Assignment. 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. You may not assign this Agreement and any attempt to do so is void.
General. 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. No course of dealing on the part of the Bank or its officers or employees, or any failure or delay by the Bank with respect to exercising any right, power or privilege of the Bank or enforcing any obligation or performance requirement hereunder shall operate as a waiver. This Agreement is binding upon your heirs and ANB’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. 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.
Communication. Please refer to the on the Bank’s website for communicating with us.
Governing Law and Venue. This Agreement shall be construed and governed by the laws of the State of Texas and any applicable federal law. Venue for any action arising under or relating to this Agreement shall be Amarillo, Potter County, Texas. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Electronic Signature. The parties agree that the electronic acceptance by you of this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be "written" or "in writing," (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or "printouts," if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, "electronic signature" includes your acceptance of this Agreement transmitted by electronic means.
USE OF THE 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 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.