ALLEGIANCE ANYTIME ONLINE BANKIN
ALLEGIANCE ANYTIME ONLINE BANKING AGREEMENT
This Allegiance Bank Texas Anytime Online Banking Agreement (as amended from time to time, the "Agreement") has been amended to, among other things, reflect new features and functionality of the Online Banking, as defined herein. Refer to section(s) below for more specific details. Your continued use of Online Banking indicates your agreement to the amendments to the Agreement. As used herein, the words "you," "your" and "yours" mean each person or business entity in whose name the account with Allegiance Bank Texas is maintained or who exercises an ownership interest therein, each person who applies to use Online Banking and each person who uses Online Banking with the permission of the applicant. "We," "us," "our" and "Bank" mean Allegiance Bank Texas. "Account" refers to your account at the Bank, and includes both deposit and loan accounts. "Authorized representative" means a person with authority of any kind with respect to an Account or use of Online Banking, as defined herein. This Agreement sets forth the terms and conditions governing your use of the Allegiance Online Banking Service and Allegiance Bank Business Online Banking Service (collectively, "Online Banking") and the Bill Pay Service ("Bill Pay") and contains the disclosures required by the Electronic Fund Transfer Act, as implemented by Regulation E (15 U.S.C. 1693 et seq., 12 C.F.R. Part 205). Online Banking and Bill Pay are collectively referred to herein as “Online Banking."
When you use Online Banking or authorize others to use it, you and any such users agree to be bound by the terms and conditions contained in this Agreement. Online Banking and Bill Pay transactions are additionally governed by any other separate agreement(s) you may have with the Bank, including, but not limited to, the account signature card and the agreements governing your deposit and loan accounts, as well as all related disclosures. For purposes of this Agreement "consumer" means a natural person who owns an Account with respect to which Online Banking is requested primarily for personal, family or household purposes. "Business" means anyone other than a consumer who owns an Account with respect to which a Service is requested.
II. General Terms and Conditions
A. ELIGIBLE ACCOUNT INFORMATION. You must have a Bank account to enroll in Online Banking. You may access Online Banking using a personal computer with access to the Bank's web site at http://www.allegiancebanktexas.com (the "Website"). We reserve the right, in our sole discretion and as permitted by applicable law, to limit the availability of the Services to certain account types, IP addresses or end-user country of origin. When you enroll in the Services, accountholders must enroll under separate Usernames. It is your responsibility to notify us if a signer or other person to whom you have provided your Username and password should no longer be given access to the Online Banking. The Bank attempts to provide accurate, complete and timely account information through the Online Banking. However, except as otherwise required by law, the Bank will not be liable to you if any such information is unavailable, inaccurate or delayed.
C. COMPUTER EQUIPMENT AND SOFTWARE. You are responsible for maintaining all Internet connections, browsers, hardware and software that are necessary to access Online Banking. In this Agreement, the computer and the related equipment you use to access Online Banking is referred to collectively as the "computer." The risk of error, failure or nonperformance is your risk and includes the risk that you do not operate your computer or software properly. The Bank is not responsible for any errors or failures from any malfunction of your computer or any software, nor is it responsible for any electronic virus, viruses, worms or similar software that you may encounter. In addition, you are solely responsible for installing and for regularly updating appropriate software, including, but not limited to, anti-virus software, anti-spyware, as well as firewall(s) on your computer to prevent key logging and/or other intrusions that may allow a third-party to unlawfully view activity on your computer. THE BANK HAS NO LIABILITY TO YOU FOR ANY DAMAGE OR OTHER LOSS, DIRECT OR CONSEQUENTIAL, WHICH YOU MAY SUFFER OR INCUR BY REASON OF YOUR USE OF THE COMPUTER OR THE SOFTWARE. FURTHERMORE, THE BANK MAKES NO WARRANTY OR REPRESENTATION REGARDING THE COMPUTER OR ANY RELATED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event will the Bank be liable for any failure of performance due to circumstances beyond its control (including, without limitation, power outage, system failure, fire, flood, earthquake or extreme weather).
D. TERMINATION. This Agreement will be in effect from the date your enrollment in the Online Banking is submitted by you and accepted by the Bank and at all times while you are using the Online Banking until terminated by you or the Bank. Unless otherwise required by law, the Bank may terminate this Agreement and/or your access to the Online Banking, in whole or in part, at any time without notice. You may cancel Online Banking at any time by notifying us of your intent to cancel in writing by sending us notice of cancellation to Allegiance Bank Texas, P.O. Box 41314, Houston, TX 77241-1314 or through the Allegiance Anytime Online Banking secure mail. This cancellation applies to your use of Online Banking and does not terminate your Accounts. The termination of this Agreement by you or the Bank will not terminate your obligations or our rights arising under this Agreement before such termination. If you do not access your Accounts via Online Banking for any ninety (90) day period, we may terminate Online Banking, in whole or in part. All applicable provisions of this Agreement shall survive termination by either you or the Bank, including, without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, indemnification, and the miscellaneous provisions.
E. GOVERNING LAW; JURISDICTION; VENUE. Each of your Accounts will continue to be governed by the laws described in the agreement you have with us regarding those Accounts (for example, your deposit account or loan agreement with us). This Agreement and Online Banking will be governed by the laws of the State of Texas, without regard to principles of conflicts of law, and, to the extent applicable, federal law. You consent to the personal jurisdiction of the State of Texas and hereby agree that any litigation brought by you hereunder or in connection with Online Banking shall be brought exclusively in Harris County, Texas. You hereby waive any objection you may have based on improper venue or forum non convenience to the conduct of any such proceeding. In any legal action or claim regarding this Agreement or Online Banking, the prevailing party will be entitled to recover costs and attorney fees.
YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW YOU INTENTIONALLY, VOLUNTARILY AND KNOWINGLY WAIVE THE RIGHT TO TRIAL BY JURY TO RESOLVE ANY DISPUTE OR LEGAL ACTION BETWEEN YOU AND US ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE FEATURES OF IT. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
F.ASSIGNMENT; USE OF THIRD PARTIES. We may assign our interest in this Agreement to any now-existing or future Bank affiliate, including, without limitation, any direct or indirect subsidiary of the Bank. You may not assign or transfer this Agreement or any of your rights or responsibilities hereunder. We may also assign, in whole or in part, our rights and responsibilities under this Agreement. In addition, the Bank reserves the right, in its sole discretion, to delegate its duties and responsibilities, in whole or in part, to third parties.
G. NOTICES. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT WE ARE LEGALLY REQUIRED TO PROVIDE A NOTICE OR OTHER COMMUNICATION TO YOU IN WRITING, THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO YOU ELECTRONICALLY TO YOUR INTERNET ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS.
H. PROPRIETARY RIGHTS. All content included or available on the Website or used in connection with Online Banking, such as advertisements, text graphics, logos, button icons, images, audio clips, and software, is the sole property of the Bank and/or third parties, and is protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Website or used in connection with Online Banking is the exclusive property of the Bank and/or its licensors and is protected by copyright or other intellectual property rights. The trademarks, logos, and service marks displayed on the Website or used in connection with Online Banking (individually, a "Trademark," collectively the Trademarks) are the registered and unregistered trademarks of the Bank or third parties. Under no circumstances may you use copy, alter, modify, or change these Trademarks. Nothing contained on the Website or used in connection with Online Banking should be construed as granting by implication or otherwise any license or right to use any Trademark without the express written permission of the Bank, or the third-party which as right to such Trademarks, as appropriate.
I. ENTIRE AGREEMENT. This Agreement, together with the agreements governing your Accounts, and the Bank's Treasury Management Agreement, represent the sole and exclusive agreement between you and the Bank regarding your use of the Online Banking and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected. Your use of Online Banking may also be affected by the agreements between you and us for your Accounts linked to Online Banking. When you link an Account to Online Banking, you do not alter the agreements you already have with us for that Account. For example, if you link a checking account to Online Banking, the terms and conditions governing your checking account do not change and remain in full force and effect. You should review those agreements for any applicable fees, Account limitations and for other restrictions that might impact your use of such Account with Online Banking.
J. MISCELLANEOUS. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
K. WAIVER OF TWO SIGNATURE REQUIREMENT. If you are a business customer, you agree that any requirement that the Bank (whether arising out of a contractual obligation or otherwise) verify two signatures on checks, if such a requirement exists it does not apply to electronic, or transfers made through the Internet using Bill Pay, and you hereby release the Bank from liability when making such transfers. This means that any person who is authorized to act as a signer on your Account shall be authorized by you to individually make electronic transfers through Online Banking, or transfers through the Internet using Bill Pay, even though that persons authority to transfer or withdraw funds from your Account by some other means (e.g., by check) must be exercised jointly with one or more other persons.
L. BUSINESS DAYS. For purposes of this Agreement, every day is a "business day," except Saturday, Sunday and federal holidays. Unless otherwise stated in this Agreement, we may treat any notice from you via the Online Banking secure message system, received after 5:00 p.m. on a business day as if we had received it on or after 9:00 a.m. the following business day. All references to time in this document are Central Time. Unless otherwise specified herein, all time periods referenced herein refer to calendar days, not business days.
M. TRANSACTION PROCESSING PROBLEMS. Any Online Banking or Bill Pay transaction that cannot be processed due to Bank or third-party system limitations or problems will be automatically reprocessed on the following business day.
N. SCHEDULING AND PROCESSING OF TRANSACTIONS. For purposes of this Agreement, the "Send on Date" means the date that Online Banking will be remitted by the Bank to your payee or that the Transfer will be made from your account. For purposes of this Agreement, the “Process Date” means the date that Bill Pay transactions will be remitted by the Bank to your payee or that the Transfer will be made from your account. Please note that the Send on Date and/or the Process Date is not necessarily the date that your payee receives the scheduled Bill Pay payment or the recipient of the Transfer receives the Transfer. Please refer to Sections IX and X of this Agreement for more information regarding your "Send on Date."
O. WAIVER. The failure of the Bank to enforce at any time any provision of this Agreement or to exercise any right herein provided shall not in any way be construed to be a waiver of such provision or right and shall not in any way affect the validity of this Agreement or any part hereof, or limit, prevent or impair the right of the Bank subsequently to enforce such provision or exercise such right.
III. User Responsibility
A. USERNAME AND PASSWORD. You have been provided or chosen a Username and password which allow you access to Online Banking. You are solely responsible and liable for transactions and other activities that occur or are undertaken using your Username and password including those transactions and activities that may be taken by anyone using Online Banking after logging in with your Username and password.
You are also solely responsible for keeping your Username and password confidential and for ensuring that you have logged out of Online Banking when your session is complete in order to prevent unauthorized persons from using the Services. You agree that you will be the only user of your Username and password, that you will not transfer or disclose any of this information to any other person, and that you will be solely responsible and liable for all usage of the Services, including, without limitation, all fees associated with the Service and/or activity on your Account(s), whether or not authorized by you. You agree to immediately contact Allegiance Bank Texas Online Customer Service on a business day between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday, of any actual or suspected unauthorized use of your Username or password. You agree to use maximum caution in protecting your Username and password from disclosure to anyone else as you may be ultimately responsible for any transactions or actions made by a party accessing the Services by using your Username and password. Please see Section XV for additional terms and conditions related to information security.
B. PROVIDING PERSONAL INFORMATION. You agree to provide true, accurate, current and complete information about yourself as requested and you agree to not misrepresent your identity.
C. NO ILLEGAL USE OF THE SERVICES. You agree not to use Online Banking to conduct any business or activity or solicit the performance of any activity which is prohibited by law or any contractual provision by which you are bound, including, but not limited to, unlawful internet gambling. You agree to comply with all applicable laws, rules and regulations in connection with Online Banking. You certify that you are at least 18 years of age.
D. EQUIPMENT. You are responsible for and must provide all telephone and other equipment, software (other than any software provided by us) and services necessary to access Online Banking.
Each of your Accounts will continue to be subject to the agreement that already applies to it. Joint account owners have the right to any information or to make any request associated with their account. Please review Section II.A for additional terms and conditions governing joint accounts. Please refer to the specific agreement governing your Accounts for more information. Additionally, each Account and your use of Online Banking will be subject to the following:
- the terms or instructions appearing on a screen when using Online Banking;
- the Banks rules, procedures and policies applicable to each Account and Online Banking;
- the rules and regulations of any fund transfer system used in connection with Online Banking; and
- applicable Texas and federal laws and regulations, as further specified in Section II.E.
V. Access to Accounts
You authorize the Bank to provide access to you to all your Accounts through Online Banking. For each Account to which access is provided, consumers may request removal of such access by sending a message through the Online Banking secure message system or written letter to Allegiance Bank Texas, P.O. Box 41314, Houston, TX 77241-1314. You may access an Account on the Website to obtain balances, transaction history and other information. To access an Account or use a Service you must have a Username and password and the required hardware and software. Subject to the terms of this Agreement, you will generally be able to access your eligible Accounts through the Website seven (7) days a week, twenty-four (24) hours a day. At certain times, Allegiance Anytime Online may not be available due to system maintenance or circumstances beyond our control. During these times, you may visit us at one of our offices to obtain information about your Accounts or call the Voice Response System at 1 888-251-2387.
VI. Linked Accounts
All eligible Accounts on which the enrolling customer is listed as an account owner or authorized signer will be linked, including those accounts opened after you enroll to use Online Banking. Accounts that are linked together will appear together without regard to the ownership of those accounts; provided, however, that personal accounts will not be viewable with business accounts. This means, for example, that when an authorized representative of an Account holder accesses Online Banking, that authorized representative will be able to view and access at a single time the following Accounts:
- the accounts of the business for which that person is an authorized representative; and
- the accounts of any other business for which that person is an authorized representative; or
- any consumer accounts for which the person is a co-owner or authorized signer.
VII. Business Accounts
A. AUTHORIZED REPRESENTATIVES. If you are a business, any authorized representative of your business is authorized on such terms, conditions, and agreements as we may from time to time require to:
- enter into this Agreement, as amended from time to time;
- access each Account of yours in any manner and for any purpose available through Online Banking, whether now available or available at some time in the future; and
- use Online Banking in any manner and for any purpose available through the Website, whether now available or available at some time in the future.
B. MANAGED USERS. Your delegated users may not further delegate rights to view your Account(s) unless you give them authorization. You may terminate a user’s access at any time by sending a message through the Online Banking secure message system or by calling Allegiance Bank Texas at 281-894-3200. You can immediately disable a delegated user by selecting the "disable" option in the “User Setup” function under "Administration". If you choose to provide user access to another person, you are solely responsible for ensuring that person uses information for the purpose for which you have provided access. You are responsible for ensuring any such delegated user maintains the confidentiality of his or her password or Username and otherwise complies with the terms of this Agreement. The terms for user access may be amended or replaced by the Bank at any time without notice.
VIII. Electronic Mail (e-mail)
One way we may communicate with you is electronically through the Allegiance Anytime Online secure message system. You will be asked to supply an e-mail address when enrolling in Allegiance Anytime Online. This e-mail address may be used to communicate to you regarding your Account(s). It is your responsibility to keep this e-mail address up to date. Unless otherwise prohibited by law, if your e-mail is returned as undeliverable, we may discontinue sending e-mail messages until a new and valid e-mail address is provided to us. The Bank is not liable to you if you do not receive an alert because of out of date e-mails, system failures or for any other reason beyond the Bank's reasonable control. If you send the Bank a message through regular e-mail the e-mail transmissions may not be secure. Do not send us or ask for sensitive information (such as account numbers or other financial information) via any third-party e-mail system. If you wish to contact us electronically, you must use the secure message system through Online Banking. If you send the Bank a message using Allegiance Anytime Online secure message system, you agree that the Bank may take a reasonable period of time to act on any message received. By sending us an e-mail or otherwise providing us with an e-mail or text message address for Bill Payment notification, you expressly consent to the Bank sending you e-mail or text messages to such address. You can send comments on Online Banking, place stop payment orders, order photocopies of checks posted to your Account(s) and change your e-mail or regular mail addresses. You cannot use E-mail to initiate transactions on your account(s). To initiate transactions, please use the appropriate functions within Allegiance Anytime Online or call our Allegiance Automated line at 1-888-251-2387.
IX. Online Banking
A. GENERAL. You may use Online Banking to obtain the products and services available through the Website, including:
- transferring funds electronically between eligible Accounts which you own or control (either individually or jointly with others) and from which you have an unrestricted right to withdraw funds (each a "Transfer," collectively, "Transfers");
- obtaining Account information, such as the balances and available funds in your linked savings and checking accounts, money market accounts or loans;
- viewing check images of checks written on your Accounts;
- viewing copies of statements related to your Accounts (please see Section XIII for additional terms and conditions governing eStatements); and
- viewing Account history.
You may check the balances of Accounts that are linked through Online Banking. You understand that the balance figure may not reflect all recent transactions, and may include funds that are not subject to immediate withdrawal. You may obtain a list of transactions for up to ninety (90) days (as available), and you may obtain general account information for all Accounts linked through Online Banking. The Bank may, from time to time, introduce new features. When this happens we will update our Website to include a description of them.
B. PERMITTED TRANSFERS; SCHEDULING TRANSFERS. Transfers may be sent to or from eligible Accounts. Transfers are not permitted to or from Certificates of Deposit ("CDs"). You must submit Transfer requests (i.e., scheduling, changing or cancelling a Transfer) prior to the deadline established by the Bank, from time to time ("Transfer Cutoff Time"). If you have provided instructions for more than one Transfer and/or Payment, as defined below, to be processed, we may select to process them in any order, in our sole discretion. The types of available Transfers and our Transfer Cutoff Times are as follows:
1. "Today" (one time Transfer) If you designate a Transfer as a Today Transfer, the Send on Date will be today's business date if you scheduled the Transfer before 8:00 p.m. For Today Transfers there must be sufficient funds in the Account from which the funds will be transferred ("Transfer Account") at the time the Today Transfer is requested or the Transfer will not occur until the following business day. Today Transfers may not be canceled for any reason once you have confirmed the Transfer.
2. "Scheduled" (one-time future/scheduled Transfer) If you designate a Transfer as a Scheduled Transfer, you may request that the Transfer be made on a future date designated up to three hundred and sixty-four (364) days in advance of the Send on Date. Sufficient funds must be available in the Transfer Account when the Transfer is executed or it will not occur. You may access Online Banking and cancel a Scheduled Transfer until 8:00 p.m. on the scheduled business day.
3. "Recurring" (multiple future/scheduled Transfer) If you designate a Transfer as a Recurring Transfer, you may request a Send on Date that recurs on a specified regular basis (e.g., weekly, bi-weekly, monthly, etc.). You will designate how many times you want the transfer to occur. Sufficient funds must be available in the Transfer Account when the Recurring Transfer is executed or it will not occur. You may access Online Banking and cancel a Recurring Transfer until 8:00 p.m. on the scheduled business day.
C. FUNDS AVAILABILITY. If you designate a Transfer as a Today Transfer, you will receive provisional credit upon completion of your Online Banking session. However, in order to receive such provisional credit, you must complete Today Transfers during a business day before the Transfer Cutoff Time in order for transferred funds to be posted to another Account on the same day and in order for transferred funds to be available from that Account for transfers accomplished through means other than use of Online Banking. If you complete a Today Transfer during a business day after the Transfer Cutoff Time or on a non-business day, the transferred funds will be available to pay in-clearing items on the following business day. Transfers designated as "Scheduled" or "Recurring" are processed after the transfer cut off time on the scheduled business day. For Scheduled and Recurring Transfers, if the Send on Date falls on a non-business day, the Transfer will occur on the next business day. Please refer to our Funds Availability Disclosure in our Rules and Regulations Governing Deposit Accounts for additional information.
D. LIMITATION ON ONLINE BANKING SERVICES. Transfer amounts are limited to the available balance in your Accounts. If you request a Transfer amount that is greater than the available balance in your Account, the Transfer will not be executed. The number of transfers and withdrawals, including, without limitation, Transfers and Payments executed through Online Banking, from savings or money market accounts to another of your accounts or to third parties is further limited by federal law. Please refer to our Rules and Regulations Governing Deposit Accounts for additional information.
E. STOP PAYMENT REQUESTS FOR CHECKS. The Bank will accept stop payments through Online Banking for single, paper-check items drawn on an Account accessed through Online Banking. You are responsible for researching your own records (Internet or otherwise) to determine whether a check subject to a stop payment order was paid prior to the date you wish to impose the stop payment order. Checks sent as part of a Bill Pay transaction (individually, a "Bill Pay Check," collectively, "Bill Pay Checks") are not subject to the terms of this Section IX.E. You may stop payment on a Bill Pay Check pursuant to the Payment cancellation terms set forth in Section X of this Agreement. If you place a stop payment order on a check after it has been paid, a stop payment fee will be assessed, and notwithstanding that the check has been and will remain paid. You will be charged for initiating a stop payment through Online Banking in accordance with the Bank's then current schedule of fees and charges applicable to the Account on which the check was drawn. Fees for initiating a stop payment are in addition to any monthly fee charged for Online Banking. In addition, the following terms and conditions are applicable to stop payment requests submitted through Online Banking:
1. If you want to place a stop payment on an ACH transaction, a draft, or a temporary check, you must call 281-894-3200 and speak with a customer service representative.
2. Online removal of a stop payment request will only be accepted for stop payments for a single or a range of paper check items.
X. Bill Pay
A. GENERAL. Bill Pay allows you to schedule, cancel or modify bill payments through Online Banking (each a "Payment," collectively, "Payments"). You must be enrolled in Online Banking to use Bill Pay. Each user that wants to use Bill Pay must enroll in Online Banking separately. However, Allegiance Bank Texas delegated users cannot independently enroll in Bill Pay and must utilize the Bill Pay access created by the Company Administrator. You can arrange, at your option, for current, future and recurring Payments from a Bank checking account (the Bill Pay Account), Savings and time deposit accounts are not eligible for use in connection with Bill Pay. All Payment requests must be payable in United States dollars. The Bank may use unaffiliated third parties acting on our behalf to process Payments. Bill Pay third-party processors are required to adhere to the Banks standards of security and privacy protection. Paper checks processed by unaffiliated third-parties may show that they were drawn on the third-party processor rather than on the Bank. The Bill Pay third-party processor will attempt to collect any outstanding debt due to insufficient funds in your Account. If unsuccessful, the outstanding debt will be turned over to the Bill Pay third-party’s collection agency.
B. DESIGNATION OF PAYEES. Each payee must be domiciled in the United States and appear on the payee list you create with us. By furnishing us with the name and address of a payee, you authorize us to follow your Payment instructions regarding that payee. In some instances, we may submit Payments to the best-known payee address. When necessary, we will reformat your payee account number to match the format required by your payee for electronic payment processing and receipt of e-Bills. Any attempt to use Bill Pay to process payments for third parties is prohibited and will be grounds for termination of Bill Pay. You also understand that the Bank is not liable if a Payment is not completed because you provided incorrect or insufficient account or payee information The name you specify in the payee "nickname" field in Bill Pay will be reflected on your periodic statement (and on online account summaries) as the third-party payee in accordance with the requirements contained in Regulation E, as applicable. You understand that it is your responsibility to specify a nickname, and we suggest that you specify one that you will recognize as the third-party receiving payment from your Bill Pay Account.
C. SCHEDULING PAYMENTS. All Payments are processed after the deadline established by the Bank by which a new Payment can be scheduled, changed or cancelled (the "Payment Cutoff Time") on the Send on Date applicable to such Payment. You may submit instructions for Payments to be made, cancelled or modified through Bill Pay until the Payment Cutoff Time on the Send on Date applicable to such Payment. A Payment instruction submitted through Bill Pay, including without limitation, scheduling, changing or canceling, is considered submitted when you receive a confirmation number. If you have provided instructions for more than one Transfer and/or Payment to be processed, we may select to process them in any order, in our sole discretion. The Payment Cutoff Times are as follows:
Payment Cutoff Time
Schedule One Time / Recurring Payment
3:00 p.m. CST on the Send on Date
Cancel / Modify Payment
3:00 p.m. CST on the Send on Date
You can stop payment on a Bill Pay Check after it has been sent on your behalf provided the payee has not presented it for payment and there is sufficient time to act on your stop payment request. You will need to contact the Bank’s IPAY service at 866-541-5650 6:30am – 1:00am CST to complete a stop payment request for a Bill Pay Check. You cannot initiate a stop payment on a Bill Pay Check through Online Banking. If we are successful in processing a stop payment request made on a Bill Pay Check, please allow up to seven (7) business days for the funds to be credited to your Account. Applicable stop payment fees will apply.
The types of Payments available through Bill Pay are as follows:
1. "One Time " (one-time Payment) If you designate a Payment as a "One Time" Payment, the Send on Date will be the next business day unless scheduled at or before 3:00 p.m. on the Send on Date.
2. "Recurring" (multiple Payments) If you designate a Payment with a "Recurring" frequency, you may request, and the Bank will use, a Send on Date that recurs on a specified regular basis (e.g., weekly, bi-weekly, monthly, etc.). You will designate a "start" and "end" date.
For both Recurring and One Time Payments, sufficient funds must be available at the time the Payment is remitted on the Send on Date. Funds will be withdrawn from the Bill Pay Account on the Send on Date.
D. INSUFFICIENT FUNDS. Payments can be scheduled if funds are not available in your Account. If there are not sufficient funds on the Send on Date, we will, in our sole discretion and without notice to you, either make the Payment, thereby causing an overdraft for which you may be charged, or we may refuse to make the Payment, without regard to whether we may have previously established a pattern of honoring or dishonoring overdrafts. If we elect to make the Payment despite insufficient funds in the Bill Pay Account, you agree to immediately pay the overdraft and any other fees incurred, including third-party fees. Without limiting the foregoing, we may discontinue permitting overdrafts at any time, without prior notice. Please see our Rules and Regulations Governing Deposit Accounts and our fee schedules for more details on fees related to overdrawn accounts and accounts with insufficient funds.
If there are insufficient available funds in your Bill Pay Account and a Payment is nonetheless initiated: (i) you must immediately pay the amount of the overdraft to us without notice or demand; (ii) payment of the electronic Payment or Bill Pay Check to the payee, in our sole discretion, may be stopped; and, (iii) we may, in our sole discretion, refuse to process any additional Payments until you have paid the overdraft amount and all related fees. If a debit transaction to cover a Payment is rejected for any other reason (e.g. closed account, account frozen, etc.), scheduled Payments may not be initiated or processed thereafter. The Bank is under no obligation to notify you if it does not complete a Payment for any reason, including, without limitation, because there are insufficient funds in your Bill Pay Account to process a Payment. In all cases, you are responsible for either making alternate arrangements for the Payment or for rescheduling the Payment through Bill Pay.
You agree to pay the applicable fee which may vary depending on the action we take. Additional charges may be incurred for individual services such as stop payments or research requests. You agree to pay any third-party fees incurred or charged due to insufficient funds. You agree to reimburse us for the costs and expenses (including attorney fees and expenses) we incur in recovering any negative balance (including overdraft and associated fees) created by the Payment.
E. RUSH DELIVERY PAYMENTS
1. General. The Service described in this Section X.E is referred to herein as the "Rush Delivery” service. As part of Bill Pay, you have the ability to send Payments, when the capability exists, with less lead time than would otherwise be required based on Bill Pay's standard Payment processing capabilities (each such Payment a "Rush Delivery," collectively the "Rush Delivery"). Please review Section X.H. below for more information on standard Bill Pay processing timelines. The Rush Delivery Service includes expedited electronic Payments and overnight Bill Pay Check Payments funded by your Bill Pay Account. The Bank will remit electronic Rush Delivery as soon as possible via ACH. When you initiate Rush Delivery you will receive an explicit delivery expectation for each Rush Delivery. For electronic Payments, the delivery time may be same-day or the next business day, depending upon the time of day, the payee capabilities, and other factors. For overnight Bill Pay Check Payments, Payments initiated prior to the Bill Pay Check Payment Cutoff Time, 3:00 p.m., will be delivered by the next business day. The same terms and conditions that apply to regular Payments apply to Rush Deliveries, except as otherwise set forth in this Section X.E. In the event of a conflict between the terms applicable to regular Payments and the terms of this Section X.E., the terms of this Section X.E. shall control.
2. Payment Funding and Settlement. As further described in Section X.H. below, you must allow sufficient time for the payee to receive and process the Rush Delivery before the Payment due date (i.e., the due date shown on your invoice or provided in your agreement with the payee, not taking into account any grace period provided by the payee). When possible, electronic Rush Delivery will be available; however due to Payment Cutoff Times and/or payees' requirements, overnight Bill Pay Check Payments may be your only option.
3. Fees. Rush Delivery fees are based on the whether you choose an electronic or Bill Pay Check Rush Delivery. The fee amount will be displayed to you prior to completing your Rush Delivery request. By completing the request, you agree to pay the corresponding fee. The Bank reserves the right to change the Rush Delivery Service terms and/or fees at any time without notice. Rush Delivery Service fees will be collected directly from the Bill Pay Account as a separate transaction, and will be initiated upon receipt of the Rush Delivery request. All Rush Delivery fees are non-refundable. If a fee charged to your account is returned for insufficient funds (NSF), the system will retry to collect the funds. You also understand that you will be charged an NSF fee for each instance that a charged fee is returned for NSF. $30.00 fee
4. Limitations. Rush Deliveries are available for a limited number of payees. Availability of Rush Delivery options are limited based on biller capabilities, time of day, payment delivery mechanisms and other factors. Overnight Bill Pay Check Rush Delivery will not be available for delivery to P.O. Box addresses or locations in Alaska, Hawaii, or any foreign or United States territory outside of the contiguous 48 states and District of Columbia. You are solely responsible for entering and verifying any address for overnight Bill Pay Check Payments to ensure it is correct and is specified as a valid overnight package address by the biller. DUE TO THE NEED TO EXPEDITE YOUR PAYMENT, RUSH DELIVERY INSTRUCTIONS WILL BE EXECUTED IMMEDIATELY UPON SUBMISSION OF YOUR RUSH DELIVERY REQUEST. YOU WILL NOT HAVE THE ABILITY TO EDIT OR CANCEL THE RUSH DELIVERY INSTRUCTION AFTER YOU HAVE CONFIRMED THE RUSH DELIVERY REQUEST.
F. NO DUTY TO MONITOR PAYMENTS. We do not have any duty to monitor the Payments that are made through Bill Pay. If you are a business and one of your authorized representatives uses your Bill Pay Account to pay bills which are not yours, you assume the entire risk of loss and agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with such use.
G. ALLOWING SUFFICIENT TIME. Payments made through Bill Pay require sufficient time for the payee to receive your payment and credit your account properly. To avoid incurring a finance or other charge imposed by your payee, you must schedule a Payment sufficiently in advance of the Payment due date. There will be a delay between the Send On Date (the date on which we begin processing your request) and the date the payee receives that Payment. The Send On Date must be at least five (5) full business days prior to the date the Payment is due at the payee for Payments made using Bill Pay Checks and up to three (3) full business days or as indicated on the "Make Payment" screens on the Website for electronic Payments. For scheduling purposes, the first business day after your scheduled Send On Date should be counted as day one. You must time your Payment using the due date of the Payment and not the last day of any grace period established by the payee. If your Payment is made using a Bill Pay Check and the check is not presented for payment within ninety (90) days, the Bank will stop payment on the check and credit the check amount to your Bill Pay Account.
H. ERRORS. If we do not properly complete a Payment on time or in the correct amount, we will pay any late fees or finance charges that you reasonably incurred as a result as long as your account was in good standing with the payee prior to this incident. We will also be liable to you if we fail to cancel a Payment according to your request, so long as your request describes the Payment with reasonable certainty and is received at a time and in a manner that affords us a reasonable opportunity to act on it before the Payment is sent. Except as stated in this Agreement, any stop payment provisions of the agreement otherwise governing your Account that is applicable to checks will also apply to Bill Pay. We will not be liable or responsible: (i) 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; (ii) if any third-party through whom any Payment is to be made fails to properly transmit the Payment to the intended payee; (iii) if there are insufficient available funds in your Bill Pay Account and/or overdraft protection plan; (iv) if a legal order directs us to prohibit withdrawals from the Bill Pay Account; (v) if the Bill Pay Account is closed or frozen; (vi) if Payment is not delivered in a timely manner to the payee due to delays in mail delivery, changes of merchant address or account number, or any other circumstances beyond the Bank's reasonable control; (vii) if the payee fails to account correctly for the Payment or credit the Payment in a timely manner; or (viii) for indirect, special, or consequential damages arising out of the use of Bill Pay. The Bank does not recognize grace periods, pay to or late after dates when considering the reimbursement of late fees or finance charges.
I. ACCOUNTS ACCESSIBLE BY MORE THAN ONE PERSON. Joint account holders may use the same account as their Bill Pay Account for their individual use of Bill Pay. Each account holder has the same right of access to Account activity, including, without limitation, notifying Allegiance Bank Texas Customer Service of suspected loss or fraud or canceling Payments; provided, however, if a user elects to cancel a Payment, the user that schedules the Payment must cancel such Payment. Each such person will have his/her own payee list and payment history. Please review Section II.A for additional terms and conditions governing joint accounts.
J. TERMINATION OF BILL PAY. If you have Bill Pay and do not schedule or process a Payment via Bill Pay for any ninety (90) consecutive day period, or if your use of Bill Pay creates an overdraft of your Bill Pay Account, the Bank may terminate your use of Bill Pay. You must have at least one (1) eligible Bank checking account to use Bill Pay. If you close your designated checking account, you must designate a new checking account as a Bill Pay Account within seven (7) days or the Bank may terminate Bill Pay. If the Bank terminates your use of Bill Pay, your Payment information and payees will be purged and all pending Payments and recurring Payments will be canceled. Termination of Bill Pay will not automatically close your Accounts. In addition, as provided in Section II.D of this Agreement, if you do not access your Accounts via Online Banking for any ninety (90) day period, we may terminate all or any part of Online Banking. Furthermore, if a Payment is returned due to insufficient funds, either the Bank or the third-party that provides the Bill Pay technology may immediately terminate all or any part of Online Banking, including, without limitation, Bill Pay, without notice. Please refer to Section II.D of this Agreement for more information regarding the Bank's termination rights hereunder.
XI. Electronic Fund Transfer Provisions For Consumer Accounts
A. APPLICABILTY. The provisions in this section XI apply only to electronic fund transfers that debit or credit a consumers checking, savings or other asset account and are subject to Regulation E (an EFT). The Bank may, when applicable, rely on any exceptions to the provisions in this Section XI that are contained in Regulation E. All terms used in the Section XI that are not otherwise defined in this Agreement which are defined in Regulation E will have the meaning ascribed to them in Regulation E.
B. YOUR LIABILITY. Tell us AT ONCE if you believe your password has been lost or stolen OR if you believe an unauthorized EFT or a series of related unauthorized EFTs has occurred. Telephoning is the best way of keeping your possible losses down. Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:
1. If you notify us within two (2) business days after: (a) learning of the loss or theft of your password; or (b) learning of an unauthorized EFT or series of related unauthorized EFTs, then your liability will not exceed $50.
2. ii. If you DO NOT notify us within two (2) business days after learning of the loss or theft of your password or learning of an unauthorized EFT or series of related unauthorized EFTs, and we can prove we could have stopped someone from using your password or processing the EFT(s) without your permission if you had told us, you could lose as much as $500.
3. You must report an unauthorized EFT that appears on a periodic statement within sixty (60) days after the statement was mailed to you. If you fail to do so, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from making unauthorized EFT transfers if you had told us in time. You may, as applicable, also be liable for the amounts described in the immediately preceding subsections (i) or (ii).
4. If a good reason (such as a long trip or hospital stay) exists, we will extend the times specified in the immediately preceding subsections (i), (ii) or (iii) above to a reasonable period.
5. You may notify us in person, by telephone, through the Online Banking secure message system or in writing.
C. TELEPHONE NUMBER AND ADDRESSES. The telephone number and address of the person or office to be notified when you believe that an unauthorized EFT has been or may be made are:
- Allegiance Bank Texas Online Customer Service at 281-894-3200
- Allegiance Bank Texas
PO Box 41314
Houston, TX 77241-1314
- You can send an e-mail to Allegiance Bank Texas Online Customer Service through Allegiance Anytime Online after logging on with your Username and password to a secure session.
- For questions or errors about Transfers you should use the Online Banking secure message system.
- For questions or errors about Bill Pay transactions, please use the IPay Customer Support by calling 1-866-541-5650 between 6:30 am and 1:00 a.m. CST.
XII. Notification Service
A. DESCRIPTION OF THE E-NOTIFICATION SERVICE. The E-Notification Service allows you to request and receive messages about your Account(s). You may receive e-notifications via e-mail message(s) and/or text enabled cell phones or pagers. Each e-notification will be effective after set up of the e-notification rule parameters and delivery channels using the E-Notifications Service.
B. REGISTRATION FOR NOTIFICATIONS SERVICE. You must be enrolled in Online Banking to use the E-Notification Service. Each user must enroll in the E-Notification Service separately.
C. E-MAIL SECURITY AND DELIVERY TIMING. You agree that each notification may not be encrypted and may include your personal information and information pertaining to your Account(s). Receipt of each notification may be delayed or prevented by factor(s) affecting your Online service provider(s), phone operator(s), and other third-party service providers. We neither guarantee the delivery nor the accuracy of the contents of any notification. The Bank will not be liable for losses or damages arising from: (i) non-delivery, delayed delivery, or incorrect delivery of any notification; (ii) inaccurate content in a notification; or (iii) your use or reliance on the contents of any notification for any purposes. The Bank reserves the right to terminate any request from you for any notification at any time. The information in any notification may be subject to certain time lags and/or delays. You have sole responsibility for managing the types and timing of your notifications and the notifications may be stopped or suspended by you at any time.
D. TERMINATION OF NOTIFICATIONS SERVICE. Either you or the Bank may terminate your use of the Notifications Service at any time without notice.
A. DESCRIPTION OF ONLINE STATEMENTS. We provide electronic delivery of your eligible bank statements for your checking and savings Accounts ("eStatements"). For a description of eligible Accounts, please review Section XIII.C. This electronic version (PDF) of your bank statements is available for you to view, save to your computer, or print at your convenience. Any legal notices that normally accompany your mailed bank statements may be delivered to you electronically. The following is a brief description of the various features of, and requirements for, using eStatements. From time to time, we may add to, modify, or delete any feature of the eStatements service in our sole discretion.
B. ENROLLMENT FOR eSTATEMENTS. You must be enrolled in the Services in order to view your bank statements through eStatements. In addition, to receive eStatements for an Account, you must separately enroll that Account in eStatements and agree to the separate eStatements terms and conditions (the "eStatements Agreement"). To the extent the terms and conditions of this Agreement conflict with the terms and conditions of the eStatements Agreement, the terms and conditions of the eStatements Agreement shall control. For Accounts with multiple owners, only one Account owner is required in order to enroll the Account in eStatements. However, each Account owner or authorized signer must separately enroll in eStatements in order to view the Accounts online statements. If you enroll in eStatements, we will send you an e-mail every statement cycle to let you know that your current statement is ready for you to view online.
C. ELIGIBLE ACCOUNTS FOR eSTATEMENTS. Consumer checking, savings, and money market accounts that have recurring periodic statements are eligible for eStatements. Small Business checking and savings accounts that have recurring periodic statements are eligible for eStatements.
D. ACCESSING YOUR STATEMENTS USING eSTATEMENTS. Your eStatements and legal notices will be made available to you on the Website. You will need to ensure that your computer software meets the requirements provided on the Website in order to view, print, and/or save your eStatements and legal notices. Depending on the type of account, your bank statements are available on the Website for ninety (90) calendar days. You will be able to view the current months bank statement as well as the two (2) most recent statements. You will continue to have the option to request historical bank statements, for which fees may apply in accordance with the Banks current fee schedule.
E. E-MAIL ADDRESS MAINTENANCE. It is your responsibility to notify us if you change your e-mail address. Please review Section VIII for additional terms and conditions related to use of e-mail in connection with the Services.
F. TERMINATION OF eSTATEMENTS. Either you or we may terminate eStatements without notice.
XIV. Fees; Authorization to Charge Accounts
A. ONLINE BANKING. Fees separately disclosed to you in connection with an Account or the Services apply when using Online Banking. You should also note that in connection with your use of the Services you may be charged for: (i) NSF fee, and overdraft, returned item or similar fees if you schedule Payments or Transfers and your available Account balance is insufficient to process the Payment or Transfer on the Send on Date, or, in the case of a Bill Pay Check, on the date the Bill Pay Check is presented to us for payment or because the Account is closed; (ii) Internet or telephone service provider fees; (iii) your purchase of programs, products, or services that may be used in connection with Online Banking; (iv) regular Account fees and Account service charges (please consult the agreements governing your deposit accounts for a summary of these fees); and (v) additional charges that may be incurred for individual products, such as stop payments or research requests.
B. DEBITING YOUR ACCOUNTS. You authorize the Bank to charge your Account(s) for any transactions accomplished through the use of Online Banking, including, without limitation, the amount of any Transfer or Payment that you request. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts maintained at the Bank, or accounts maintained elsewhere, in order to correct any mistaken credit entry. Your obligation to the Bank to pay the amount of the Payment or Transfer is not excused in such circumstances. IF YOU DO NOT HAVE SUFFICIENT FUNDS IN YOUR ACCOUNT(S) ON THE DATE A FEE OR CHARGE IS PAYABLE, YOU AUTHORIZE THE BANK TO AUTOMATICALLY DEDUCT THE PAYMENT FROM YOUR ACCOUNT(S) AS SOON AS FUNDS ARE AVAILABLE.
C. MISCELLANEOUS FEES AND CHARGES. The fees that have been separately disclosed to you in connection with your Account(s) will continue to apply to those account(s) and to Online Banking, The price of check reorders varies depending on the type of account and checks ordered. All charges will be automatically deducted from one or more of your Accounts and will appear on your Account statement.
A. PASSWORD SECURITY. You will be given a case sensitive password that will give you access to your Accounts through Online Banking. This password can be changed within Online Banking or by calling Allegiance Bank Texas Customer Service at 281-894-3200. The password must be five (5) characters and must include at least one (1) letter and one (1) number. You may use special characters (for examples, @, %, & #). You may not reuse a password from your five (5) most recent selections. We recommend that you regularly change your password. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize the password and do not write it down. You are responsible for keeping your password and Account information confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, or if you suspect any fraudulent activity on your Account, call Allegiance Bank Texas Customer Service at 281-894-3200 during our business hours, or write to Allegiance Bank Texas, P.O. Box 41314, Houston, TX 77241-1314. Your Username and password allow access to your Account(s) and Online Banking provided for herein; providing these to another person shall constitute a grant of authority to access your Account(s) for all purposes, including, without limitation, under Regulation E. Such authorization shall continue until you have notified us that such person is not authorized to act with regard to your Account(s) and Online Banking.
XVII. Liability; Indemnification
A. OUR LIABILITY. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts and your use of Online Banking. This Section XVII explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Accounts or Online Banking. Furthermore, unless otherwise required by law, we will only be responsible for performing Online Banking as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly and solely result from our gross negligence or intentional misconduct in performing Online Banking.
B. INDEMNIFICATION. EXCEPT WHERE THE LAW SPECIFICALLY REQUIRES A DIFFERENT STANDARD, YOU EXPRESSLY AGREE TO HOLD HARMLESS AND INDEMNIFY THE BANK, ITS DIRECTORS, SHAREHOLDERS, LICENSORS, THIRD-PARTY SERVICE PROVIDERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTROLLING PERSONS, AND REPRESENTATIVES AND THEIR SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS FEES AND COSTS), LOSSES OR DAMAGES (COLLECTIVELY, "LOSSES") OF ANY NATURE WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (i) ANY REQUEST INITIATED PURSUANT TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER; (ii) ANY ACTIONS OR FAILURE TO ACT OF THIRD PARTIES; (iii) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT; (iv) ANY MATTERS RELATED TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY ELECTION MADE BY THE BANK TO ACT OR REFRAIN FROM ACTING UPON A REQUEST WHEN THE BANK IS UNABLE TO OBTAIN PROPER AUTHENTICATION OR YOUR SUBMISSION OF AN INACCURATE, ERRONEOUS OR INCOMPLETE REQUEST; (v) AN ACCOUNT OR YOUR USE OF ONLINE BANKING; (vi) A THIRD-PARTY CLAIM, ACTION, OR ALLEGATION OF INFRINGEMENT, MISUSE OR MISAPPROPRIATION BASED ON INFORMATION, DATA, FILES, OR OTHER MATERIALS SUBMITTED BY YOU TO US; (vii) ANY THIRD-PARTY CLAIM, ACTION, OR ALLEGATION BROUGHT AGAINST THE BANK ARISING OUT OF OR RELATING TO A DISPUTE WITH YOU OVER THE TERMS AND CONDITIONS OF AN AGREEMENT, PURCHASE OR SALE OF ANY GOODS OR FEATURES; (viii) YOUR VIOLATION OF ANY LAW OR RIGHTS OF A THIRD-PARTY; AND (ix) USE OF YOUR ACCOUNT BY ANY THIRD-PARTY, EXCEPT FOR LOSSES CAUSED SOLELY BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE BANK. EXCEPT WHERE THE LAW SPECIFICALLY REQUIRES A DIFFERENT STANDARD, IN NO EVENT SHALL THE BANK OR ITS DIRECTORS, SHAREHOLDERS, LICENSORS, THIRD-PARTY SERVICE PROVIDERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTROLLING PERSONS, AND REPRESENTATIVES AND THEIR SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL LOSSES OR DAMAGES, INCLUDING LOST PROFITS (WHETHER OR NOT THE POSSIBILITY OF SUCH LOSSES OR DAMAGES WAS KNOWN OR REASONABLY FORESEEABLE TO THE BANK) WHICH YOU MAY INCUR OR SUFFER IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF ONLINE BANKING. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, THE AGGREGATE LIABILITY OF THE BANK AND OUR THIRD-PARTY SERVICE PROVIDERS TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND ($1,000.00) DOLLARS.
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
- is not in accordance with any term or condition applicable to the relevant Service or Account;
- we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
- would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;
- would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
- is not in accordance with any other requirement of our applicable policies procedures or practices; or
- we have reasonable cause not to honor for our or your protection.
C. THIRD PARTIES. Except as specifically provided in this Agreement or where applicable law specifically requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as, but not limited to, Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Banking.
D. NO WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF ONLINE BANKING IS AT YOUR SOLE RISK AND THAT ONLINE BANKING AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT ONLINE BANKING WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE WEBSITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO ONLINE BANKING AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
E. INTERNATIONAL USE. The Bank does not make any representation that any content or use of Online Banking is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii, and accessing Online Banking from territories where it’s content or use is illegal or prohibited by the Bank.
If you have any questions regarding this Agreement, please contact Allegiance Bank Texas Online Customer Service at 281-894-3200.