American Bank, N.A. Electronic Banking Agreement
AGREEMENT FOR TELEWEB BANKING SERVICES
1. INTRODUCTION
This agreement governs the following products/services offered by American Bank, N.A.:
TeleWeb Banking Service: American Bank TeleWeb Banking Service allows you to access your American Bank accounts via an Internet connection 24 hours a day, seven days a week. You can complete transfers between accounts in your name as well as obtain statement information for downloading to financial management software.
All Services: This agreement is a supplement to certain other share account agreements which you have already entered into with American Bank, N.A.. It supplements those Accounts which you and American Bank, N.A. have agreed will be accessed by the above service. This agreement supersedes all other share account agreements to the extent that there is a conflict.
"We","our","us",and "AB" refer to American Bank, N.A. and "you" and "your" refer to anyone authorized to sign checks or make withdrawals on your account(s) and to anyone else you authorize to use the TeleWeb Banking Service issued to you on your behalf.
The provisions of this agreement apply to all transactions covered by this agreement except where otherwise noted.
To the extent permitted by law, you agree to receive all disclosures and notices under this agreement electronically.
2. PASSWORDS AND SECURITY
TeleWeb Banking Service: For the initial sign on, you must use a temporary password supplied by the bank to log onto our TeleWeb Banking Service. You will be prompted to change your password on the next screen. You may change your password at anytime afterword using the TeleWeb banking service.
3. TYPES OF AVAILABLE ELECTRONIC TRANSFERS AND LIMITS
TeleWeb Banking Service: You or any persons who you have authorized to use your Internet Banking Service and password may use your Internet Banking Service to perform the following transactions to accounts in your name:
Perform inquiries on AB checking, savings, certificate of deposits, IRA and loan accounts.
Transfer funds between AB checking and savings accounts.
Transfer funds from an AB checking or savings account to make an AB Loan payment.
All EFT Services Limitations:
Transfers which will overdraft or close your checking or savings account are not permitted.
Transfers cannot be made from any account in an unavailable status, such as a dormant or inactive account or an account with a savings account loan for the full balance amount, or from any account subject to legal process or other encumbrance restricting the transfer.
The maximum number of monthly transfers from a Savings and Money Market account is limited by regulation to six, which includes paid checks, pre-authorized transfers, and telephone transfers. No more than three (3) of the six (6) may be by check. ATM transactions are not included.
4. POSTING AND TIMING OF TRANSACTIONS AND DOCUMENTATION OF TRANSACTIONS
TeleWeb Banking Service: TeleWeb Banking account transactions performed Monday through Friday during regular business hours are posted to your account that day. Transactions completed after regular business hours and on Saturdays, Sundays and Holidays will be posted to your account(s) on the next business day. Transaction inquiries will contain the posting date. A record of these transactions will be fully disclosed on your periodic statement.
5. LIABILITY FOR FAILURE TO MAKE TRANSFERS
If we do not complete a transfer from or to your account(s) on time or in the correct amount, we will be liable for your direct losses or damages, except:
If there is a terminal or equipment failure of which you are made aware at the time you request a transfer.
If your telephone, PC, TeleWeb Banking Service was not working properly and the equipment failure should have been apparent to you when you attempted to authorize a transaction.
If you have not given us complete, accurate, or current account numbers or other identifying information so that we can properly credit your account.
If you have not properly followed the TeleWeb Banking instructions or have provided us with wrong or inaccurate information.
If, through no fault of ours, your account(s) does not contain enough money to make the transfer.
If the funds are subject to legal process or other encumbrances restricting such transfer.
If the transfer would go over the credit limit on an overdraft line of credit you may have.
If circumstances beyond our control (such as fire or flood) prevent the transfer, and we have taken reasonable precaution to avoid such circumstances.
6. LIABILITY FOR UNAUTHORIZED TRANSFERS
An unauthorized transfer is any transfer that you have not authorized, including loss or theft of your TeleWeb Password, if you believe that someone has transferred or may transfer money from your account without your permission, or if your account statement shows transfers you did not make. Contact us by telephone is the best way of informing us and of keeping your possible losses down. You could lose all of the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days of your discovery of an unauthorized transfer, you have no liability for the losses. If you do NOT tell us within two business days of your discovery of an unauthorized transfer, you could lose as much as $50.00.
Notwithstanding the above, you may be liable for greater amounts than listed above to the extent allowed under applicable law only if we determine that you were grossly negligent or fraudulent in the handling of your account.
7. WHO TO CALL FOR LOST AND STOLEN PINS, PASSWORDS OR UNAUTHORIZED TRANSFERS
If you believe that your TeleWeb Password or your TeleBank PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you should call (817) 337-4445.
8. BUSINESS DAYS OF AMERICAN BANK, N.A.
Our regular business days for posting Internet Banking transactions and Internet Bill Payment transactions to your account are Monday through Friday, except for holidays normally observed by the banking community in Keller and Saginaw, Texas.
9. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
Telephone us at call (817) 337-4445, or write us at:
American Bank, N.A.
PO Box 849
Keller, Texas 76244
Contact us as soon as you can if you think your statement is wrong, if you think that someone has transferred or may transfer money from your account without your permission, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error occurred. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
Tell us your name and account number(s).
Describe the error or the 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.
We will investigate your complaint and will correct any error promptly. If we take more than 10 days to do this, we will recredit your account 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.
10. DOCUMENTARY EVIDENCE CHARGES
If you request documentary evidence of a transaction on your account (for example, a verification of a withdrawal), we may pass along to you the cost to us of researching this evidence at a rate of $30 per hour and a $2 per item charge. No such charge will be imposed if the documentary evidence differs from the transaction as previously reflected on your statement.
11. SERVICE CHARGES
Currently, there are no fees for our TeleWeb Banking Service.
12. CANCELLATION
TeleWeb Banking Services may be terminated by you at any time by notifying us in writing that you will no longer use the service.
AB also reserves the right to terminate your TeleWeb or Telebank Banking Service at any time and without advance notice if you incur excessive NSF or overdraft transactions, or otherwise misuse the service(s). Any such termination by you or AB applies only to TeleWeb Banking and Telebank service(s) and does not necessarily close any of your accounts or services.
13. DISCLOSURE OF ACCOUNT INFORMATION
We will disclose information to third parties about your account(s) or transfer(s):
In order to verify the existence and condition of your account for a third party, such as a credit bureau; or
In order to comply with government agency or court orders; or
If you give us your written permission.
14. APPLICABLE LAW
Except to the extent that Federal law is controlling, your rights, our rights, and the terms of this Agreement will be governed in all respects by Texas State law.
15. DEPOSIT INSURANCE
Customers are insured by the Federal Deposit Insurance Corporation to a maximum of $100,000.
16. AMENDMENTS
From time to time, we may amend this agreement. If an amendment results in increased cost or liability to you, decreases the type of electronic funds transfers available to you, or places stricter limitations on the frequency or dollar amount of transfers, written notice of the amendment will be mailed to your current address as shown on our records at least 21days before the effective date of the amendment. However, if an immediate change in terms or conditions is necessary to maintain or restore the security of an electronic funds transfer system or account, we will provide written notice of the change to you on the next periodic statement or within 30 days, unless disclosure would jeopardize the security of the system or account.