First Time User
Texas National Bank – Online/Mobile Access Agreement
Please read the following agreement and continue to our enrolling process.
You agree that any information or disclosures or notices supplemental to or under this Agreement or by law or regulation or any amendments to this Agreement may be sent to you by electronic communication, including by e-mail to you or by posting on Texas National Bank‘s website at www.TexasNational.com.
This Online/Mobile Access Agreement for accessing your accounts via Texas National Bank’s Internet Banking
(“Online Banking“) explains the terms and conditions governing online services. The accounts that may be accessed via Online Banking include only accounts maintained with Texas National Bank. By using Online Banking you agree to abide by the terms and conditions of this Online/Mobile Access Agreement. Online Banking will be governed by and interpreted in accordance with all applicable federal laws, regulations and the laws of the State of Texas. The following rules will apply to the extent there is not applicable federal law or regulation. The terms “we”, “us”, “our”, and “Bank” refers to Texas National Bank. “You” refers to each signer on an account. The term “business day” shall mean every day except
Saturdays, Sundays and federal holidays.
Online Banking can be used to access certain accounts through www.TexasNational.com.. The applicable Terms and Conditions of our Account Agreement (your “Terms and Conditions Disclosure Agreement”) also governs each of your accounts at the Bank.
Accessing Your Bank Accounts through Online Banking Requirements
To access your account through Online Banking you must have an eligible Bank Account (Checking Account, Money Market Account, Savings Account, Certificate of Deposit, and/or Loan).
Your User ID must be 8-32 characters in length and include at least 2 numeric and 2 alpha characters and are case sensitive. Password must be 8-32 characters in length and include at least 1 numeric (#) and 1 alpha characters. Your password is case sensitive. Passwords expire every 6 months. We recommend that you change your password regularly. Do not give your password to anyone or write it down where it could be accessible to another person. We strongly urge you to avoid using common and easy to decipher passwords such as birth dates, last names, account numbers or social security numbers. Do not store your password and access ID in the memory of your computer.
When you give someone your Access ID and Password, you are authorizing that person to use the service and you are responsible for all transactions the person performs using the service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notified us are considered unauthorized. You agree to assume responsibility for all transactions through the service with your Online Banking Access ID and Password, up to the limits allowed by applicable law. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
Texas National Bank Online Banking Features and Functionality
Through TNB Online Banking, you can manage your eligible personal or business accounts from your home or office via a computer. You can use TNB Online Banking to:
- View account balances and review transaction history
- View images of checks and deposits
- Transfer money between accounts at Texas National Bank
- Set up an Automatic Transfer to make monthly transfers from one account to another
- Communicate directly with customer service at the Bank via e-mail
- Place stop payments
- Order Checks
- Establish Account Alerts
- External Transfers
There are no monthly fees for accessing your account(s) through Online Banking. Other fees are described in your Terms and Conditions Disclosure Agreement for your account.
Hours of Accessibility
You can access your accounts through Online Banking 7 days a week, 24 hours a day. However, at certain times, some or all of the services may not be available due to system maintenance or updates. During these times, you may use the Texas National Telebanc service, 1- 888- 862-1862, a Texas National Bank ATM or a branch to conduct your transactions.
A transfer initiated through Online Banking by 6:00 p.m. CST on a business day is posted to your account the same day. All transfers completed after 6:00 p.m. CST on a business day or on a Saturday, Sunday, or banking holiday will be posted on the next business day.
Every day is a business day except Saturdays, Sundays, and federal holidays.
Changes to TNB Online Banking
Texas National Bank may, from time to time, introduce new TNB Online services. We shall update this Online/Mobile Access Agreement to notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms and conditions contained in this Online/Mobile Access Agreement.
Terms and Conditions
The first time you access any of your accounts through Online Banking confirms your agreement to be bound by all the terms and conditions of this Online/Mobile Access Agreement and acknowledges your receipt and understanding of this disclosure.
Texas National Bank is entitled to act on instructions received through Online Banking under your password and without inquiring into the identity of the person using that password. However, do not, under any circumstances, disclose your password by telephone or to any one claiming to represent Texas National Bank; Texas National Bank employees do not need and should not ask for your password. You are liable for all transactions made or authorized using your password. Texas National Bank has no responsibility for establishing the identity of any person using your password. If despite Texas National Bank ‘s advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your Online Banking password or other means of access will have full access to your accounts even if you attempt to limit that person’s authority. You must notify Texas National Bank that your password has been lost or stolen or otherwise compromised and should not be honored and must be disabled.
You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. You hereby release Texas National Bank from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your password to such person, or, in the case of a jointly held account such person is one of the owners of the account. You agree to indemnify Texas National Bank and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.
Texas National Bank has the right to modify or terminate this agreement at any time. We will comply with any notice requirements under applicable law for such changes or termination. If we modify this Agreement your continued use of Online Banking will constitute your acceptance of such changes in each instance.
Persons listed on a profile will only be able to access accounts for which they are designated as an owner or signer. The number of transfers from a savings account or MMDA account is limited as described in the applicable Terms and Conditions Disclosure Agreement. 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.
Using On Line Bill Pay
The Online Banking Bill Pay service allows you to schedule bill payments through TNB Online Banking. You can arrange, at your option, for the payment of your current, future and recurring bills from your checking account or Money Market Account, up to the balance in your account, if applicable per payee/merchant each business day. There is no limit to the number of payments that may be authorized. You may pay any merchant or individual approved by Texas National Bank for payment through Online Banking Bill Pay. We are unable to process any payments to federal, state, or local tax agencies.
By furnishing us with the names of your payees/merchants and their addresses, you authorize us to follow the payment instruction to these payees/merchants that you provide us via Online Banking. When we receive a payment instruction (for the current or a future date), we will remit the funds to the payee on your behalf, from the funds in your checking or Money Market account, on the day you have instructed them to be sent (“Payment Date”). However, we shall not be obligated to make any such payment unless your account and/or overdraft protection plan has sufficient funds or credit availability to pay the bill on the Payment Date. Funds from ALL bill payments (whether these payments are made electronically or by check) will be withdrawn from your account on the day the payment is scheduled to be sent to the payee.
You have the right to stop or change any scheduled payment. You must cancel the payment by no later than 5:00 p.m. Central Time, on the Payment Date by E-mail or calling Texas National Bank Customer Service at (956) 217-7101. If your stop payment order is given to the Bank orally, you are required to confirm it, in writing, within 14 days of your oral notification. This written confirmation may be made by E-mail to us at email@example.com or by mail to Texas National Bank, Attn: Customer Service P. O. Box 4650, Edinburg, Texas 78540. Your oral notification will cease to be binding if you fail to confirm it within 14 days. If we fail to stop a payment which you have previously authorized after you have timely and properly instructed us to do so, we will be liable for your losses or damages.
NOTE: Any payments made with Bill Pay require sufficient time for your payee to receive the payment and credit your account properly. To avoid incurring a finance charge, you must schedule a payment sufficiently in advance of the due date of your payment. When you schedule payments: You should schedule the payment at least 5 full business days prior to the date the payment is due at your payee.
If you have timely scheduled a bill payment as required above and Texas National Bank does not properly complete a bill payment on time or in the correct amount, we will pay any late fees or finance charges as long as your account was in good standing with the merchant prior to this incident. We will also be liable to you, to the extent provided by law, if we fail to stop a payment pursuant to your timely order to do so as set out above. We shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, we will not be liable if any third party through which any bill payment is made fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient funds in your designated payment account and/or overdraft protection plan; if a legal order directs us to prohibit withdrawals from the payment account; if the payment account is closed or frozen; or if any part of the electronic funds transfer system is not working properly. We will not be liable for any amounts other than as stated above and, specifically, will not be liable for any other direct, indirect, special, or consequential damages arising out of the use of Bill Pay.
Texas National Bank reserves the right to terminate your use of Bill Pay at any time. If, for any reason, you should wish to cancel Online Banking, we strongly suggest that you cancel all future bill payments at the same time that you cancel your service or by calling Customer Service at (956) 217-7101 or (888) 862-1862. We will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your service has been terminated. We will continue to maintain your accounts until you notify us otherwise.
When you give someone your Access ID and Password, you are authorizing that person to use the service and you are responsible for all transactions the person performs using the service. All transactions that person performs even those transactions you did not intend or want performed are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notified us are considered unauthorized. You agree to assume responsibility for all transactions through the service with your Texas National Bank Access ID and Password, up to the limits allowed by applicable law.
Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
Texas National Bank will have no liability to you for any unauthorized payment or transfer made using your Access ID and Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
If an On Line Bill Pay Account is owned by more than one person or is accessible by one or more authorized representatives, each such owner or authorized representative may individually enroll in the Bill Pay Service (each such person is referred to as an “enrolled person”). Each enrolled person needs a unique Access ID and Password. The terms of this Agreement will apply to each enrolled person. Any
enrolled person may also terminate the Bill Pay Service for the Account, which will terminate the Bill Pay Service of all enrolled persons tied to that Account.
We may suspend or cancel your Access ID and Password even without receiving such notice from you, if we suspect your Access ID and Password is being used in an unauthorized or fraudulent manner. We will notify you promptly if we cancel your Access ID and Password or your use of the service for any other reason.
Questions or Errors on Online Banking or Online Bill Pay Transactions
In case of questions or errors about online funds transfers or bill payments made through Online Banking involving a Bank account, you should do one of the following:
- Email Customer Service at firstname.lastname@example.org
- Call Customer Service at (956) 217-7101
- Write to Texas National Bank, Customer Service – P. O. Box 4650, Edinburg, Texas 78540, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need more information about a transaction listed on the statement or transaction record.
We must hear from you no later than sixty (60) days after we have sent the first paper or online statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
When you tell us about the problem, please:
- Tell us your name and account number
- Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is in error or why you need additional information.
- Tell us the dollar amount of the suspected error.
For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, and payee account number for the payment in question.
We will determine whether an error occurred within ten (10) business days after we hear from you, and we will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within 10 business days, we may not credit your account while we complete our investigation. We will tell you the results of our investigation within three business days after we complete our investigation. If we decide that there was not error, we will send you a written explanation. You may ask for copies of the documents used in our investigation.
If we do not complete a transfer to or from your Bank account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages as provided elsewhere in this Agreement. However, there are some exceptions. We will not be liable:
- If, through no fault of ours, you do not have enough money in your account to make a transfer or bill payment
- If a legal order directs us to prohibit withdrawals from the account
- If your account has been frozen
- If your account is closed
- If the transfer would cause your balance to go over the credit limit for any convenience credit arrangement set up to cover overdrafts.
- If you, or anyone you allow, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly and you knew about the breakdown when you started the transfer.
- If you have not provided us with complete and correct payment information, including without limitation the name, address, account number, and payment amount for the payee on a bill payment.
- If you have not properly followed the instructions for using Online Banking service.
- If circumstances beyond our control (such as flood, fire, or improper transmission or handling of payments by a third party) prevent the transfer or bill payment, despite reasonable precautions taken by us.
Texas National Bank cannot be responsible for customer errors or negligent use of the Online Banking service and will not cover losses due to:
- Input errors or misuse of the online service.
- Negligent handling or sharing of passwords leading to an unauthorized access to your accounts.
- Leaving your computer unattended during an Online Banking session – you must “Sign Off/Log Off” to end your session.
- Failure to report known incidents of unauthorized account access within 2 business days. Get ready to bank online with Online Banking!
Mobile Banking Agreement and Disclosure
Texas National Bank endeavors to provide you with the highest quality Mobile Banking (the “Service”) available. By enrolling in the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the “Agreement”).
We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by Law.
As used in this Agreement and Mobile Banking services, the following words have the meanings given below:
“Account(s)” means your eligible Texas National Bank checking, savings, loan, certificate of deposit or safe deposit box information and other Texas National Bank products that can be accessed through Mobile Banking.
“Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.
“Mobile Banking” means the banking services accessible from the Device you have registered with us for Mobile Banking.
“You” and “Your(s),” mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service.
“We,” “Us,” and “Bank” means Texas National Bank.
Mobile Banking Service
A. Description of Service. Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your Texas National Bank account information, make payments to payees, transfer funds and conduct other banking transactions. To utilize the Mobile Banking Service, you must be enrolled to use Online Banking and then activate your Device within the Online Banking system. Information about Texas National Bank’s Mobile Banking service is available on our website at www.TexasNational.com
We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Service at any time.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. Texas National Bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues.
B. Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.
C. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
Permitted Mobile Banking Transfers
You may use the Service to transfer funds between your eligible Texas National Bank accounts (“Internal Transfer”). You may not transfer to or from an Account at another financial institution using Mobile Banking.
If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an immediate Internal Transfer via Mobile Banking. Transfer transaction requests received after 6:00 p.m. CST on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank’s next business day.
You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees.
Federal regulations require financial institutions to limit the way withdrawals may be made from a savings or money market account. Each transfer from a savings or money market account using Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in the Deposit Account Agreement and Disclosures. You may be subject to fees or account conversion if you exceed the transactions limits of your Account using Mobile Banking or any other methods outlined in your Deposit Account Agreement and Disclosures.
We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option.
You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
You represent and agree to the following by enrolling for Mobile Banking or by using the Service:
A. Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not
to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
B. User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account.
We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
C. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
D. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
E. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Texas National Bank its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking.
Mobile Remote Deposit Capture
The remote deposit capture services (“Mobile Deposit” or “Services”) are designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank’s designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition (“MICR”) line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment. The Bank offers the benefits and convenience of the Services to you free. The Bank reserves the right to charge fees for the Services in the future.
Hardware and Software requirements:
You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time. The Bank is not responsible for any third party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits. Our current daily deposit limit is $2,500 per day.
Fees and Charges:
The Bank offers the benefits and convenience of the Services to you free. The Bank reserves the right to charge fees for the Services in the future.
You agree to restrictively endorse any item transmitted through the Services as “For Mobile Deposit Only at Texas National Bank and account #” or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Deposits that do not have this endorsement will be declined. Endorsements must be made on the back of the check within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the Services.
Check requirements (including image quality):
The image of an item transmitted to the Bank using the Services must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).
You agree that check images transmitted using the Services and the funds represented by the checks are not subject to the funds availability requirements of Regulation CC. Except as otherwise provided in this Agreement, and subject to the requirements of applicable law or regulation, funds from any check transmitted through the Services will be available after final payment with respect to the check is made by the drawee of the check, and any credit of funds to your Account before that time is provisional. As a general rule, funds from deposits made by the Services will be made available to you on the next Business Day following the Business Day on which we accept the check image from you. However, funds may not be available for up to seven business days from the day the deposit was made based on such factors as creditworthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant, and/or based upon funds availability options we may offer to you in connection with the Services. You acknowledge and agree that no funds availability option we offer constitutes a promise or guarantee that check funds will be finally collected from the drawee institution and/or finally paid to you. In any event, we reserve a right of chargeback to your account in the event of dishonor or nonpayment by the drawee institution, and we reserve the right to chargeback all applicable fees in the event of such dishonor or nonpayment and/or any resulting chargeback (including, but not limited to, returned deposit item fees and overdraft fees). For purposes of this Service, the term “Business Day” means Monday, Tuesday, Wednesday, Thursday or Friday, except when those days are holidays or days on which we may be closed due to emergency conditions. Check images received by us before 4:00 p.m. Central Standard Time on a Business Day will be processed on the same day. Check images received by us after 4:00 p.m. Central Standard Time will be processed on the next Business Day.
Rejection of deposits:
After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for remote deposit, you must physically deposit the original Check.
Should you fail to produce the original check, you authorize us to deduct that amount from your account You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check. You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide to you in connection with returned Checks.
Duty to report errors:
The Bank will provide you with periodic statements that will identify the deposits that you make through the Service. In addition, you may access the Bank’s Online Banking service for information about your deposits, return items, deposit adjustments, Checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that we will be liable for the Check. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Bank Account Agreement. You may notify us by e-mailing us at email@example.com, or writing to P. O. Box 4650, Edinburg, TX 78540 or telephoning us at (956) 217-7101. You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Bank Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.
Availability of service/Contingency:
In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the closest Bank location. The deposit of original checks at an office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.
Storage, security and destruction/disposal of the checks:
After you receive confirmation that we have received an image, you must securely store the original Check for 45 days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the 45-day retention period expires, you must destroy the original Check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never represent the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Presenting checks more than once:
Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check. You agree that we may debit from your Bank account the aggregate amount of any Checks that that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.
Your Authentication method:
You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, test key or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Bank Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential. You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, Checks deposited, Check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.
You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at (956-217-7101) and with written notice at (Texas National Bank) Attn: (P. O. Box 4650, Edinburg, TX 78540) if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
Cooperation with Investigations:
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.