Round Top State Bank
Online Banking Internet Agreement
The first time you access your accounts through Online Banking, you agree to be bound by the terms and conditions of this Online Banking Agreement ("Agreement") and acknowledge its receipt and your understanding of its terms.
This Agreement explains the terms and conditions for accessing accounts and conducting transactions at Round Top State Bank and Eagle Bank, a branch of Round Top State Bank ("Institution", "we", "us" and "our") via our on-line Online Banking site(s), referred to as Online Banking. As used in this Agreement, the terms "you" and "your" refer to each person signing an Online Banking Application.
Benefits of Online Banking:
Through Online Banking (this includes Internet Banking and Cash Management), you can manage eligible accounts from your home or office on a personal computer. Online Banking can be used to conduct any of the following online services:
- Obtain balances and transaction histories on all eligible accounts enrolled in Online Banking
- Transfer money between eligible accounts (The number of transfers you can make from accounts is limited as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires);
- Transfer money to pay eligible loans; and pay bills to any merchant, financial institution or an individual with a U.S. address. (Fees may apply to bill pay services if special handling is required)
- Transfer money via the “Pop Money” feature on Internet Bill Pay. (Fees apply. Fees are disclosed at time of transfer)
Institution may, from time to time, introduce new online financial products. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
You can usually access Online Banking Services seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of Online Banking Services may not be available due to system maintenance or reasons beyond Institution's control. Institution does not warrant that Online Banking Services will be available at all times. When unavailable, you may use an automated teller machine ("ATM"). An Online Banking Service transaction initiated prior to 4:00 PM (Central Time) on a banking day may be posted your account the same day. All transfers completed after 4:00 PM (Central Time), or on a non-banking day, will be posted the following banking day. Since certain information and transactions are not processed by us until after the close of the Bank Business day, some transactions may not be reflected in the system until the next Bank Business day. Posted items may be reversed due to insufficient funds, stop payment orders, legal process, and other reasons. Certain balances also may not be subject to immediate withdrawal. We assume no responsibility for any loss arising from incomplete information or for any temporary interruption in our information system. If you are unable to access our system for any reason, you can contact your branch of account for loan and deposit information.
Security & Protecting Your Account:
We are strongly committed to protecting the security and confidentiality of our customer accounts information. We use several techniques to help secure our Online Banking service, including the following:
- You can only access Institution with certain browsers that have a high security standard.
- Your account numbers are never displayed in full - only the last 4 digits can be viewed.
- You must have a valid Internet Banking ID and password to logon.
- Multifactor authentication methods are used.
- After a designated period of inactivity, you will be automatically logged off the Internet Banking service.
Equipment and Software:
A personal computer with access to the World Wide Web is required to use the Online Banking Service. To ensure you have the best experience using Online Banking and get the most current security features to protect your personal and account information online, we ask that you use a Web browser that supports strong encryption and contains a high level of security. Our site is optimized for use with certified/recommended browsers and operating systems. If you use a different browser or operating system, you may not be able to take full advantage of all the features of the site.
Your use of the Internet will be entirely at your own risk. We make no representation, warranty or endorsement with respect to:
- Information placed on the Internet by third parties;
- The security or continued availability of the Internet or of any Internet web site, including without limitation our web site;
- The services, products or information made available over the Internet by others whose sites may be accessed, directly or indirectly, as a result of our Services.
- The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
- Computer hardware and software product questions in general should be directed to the hardware or software manufacturer.
You agree to comply with the terms of any software license(s) provided to you in connection with the Services. You may not transfer, distribute, copy, reverse compile, modify or alter such software. Unless otherwise agreed by us in writing, the computer programs, security procedures, software and systems provided to you in connection with the Services represent our proprietary property and must be returned to us upon request.
In addition to compatible software, you must have an Online Banking ID, a password and maintain one or more of eligible account.
Your Password will give you access to Institution accounts via Online Banking. Institution is entitled to act on any instructions it receives using your Password. For security purposes, it is recommended that you memorize your Password and do not write it down. We also recommend that you change your Password regularly to try and avoid misappropriation by a third party. Your Password can be changed at our Online Banking site. You are responsible for keeping your Password and account data confidential. When you give someone your Password, you are authorizing that person to use the Online Banking Services.
You are responsible for all transactions performed using your Password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your Password will be charged against your account(s).
You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Online Banking Services. You may not gain, or attempt to gain, access to any Online Banking Service server, network or data not specifically permitted to you by Institution or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Institution or its suppliers.
Bill Payment Service:
The Checkfree RXP Bill Payment service allows you to schedule bill payments through Online Banking. Institution does not provide the service directly. Instead, Institution entered into an agreement with a bill payment provider to provide the bill payment services directly to you. Subject to any regulatory or Institution-imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a checking account. While payments are initiated by you electronically, they are ultimately paid via an automated clearinghouse (ACH) network, corporate check, or a draft check. Payments delivered over an ACH network are governed by the rules and performance standards of that network. The Institution has no authority over which method bills are delivered.
By furnishing the names of your payees/merchants and their addresses, you authorize Institution and its bill payment provider to follow the payment instructions you provide for those payees/merchants. When payment instructions are received, funds will be remitted from the selected account, to the appropriate payee on your behalf on the day that you request ("Payment Date"). However, there is no obligation to make requested payments unless your account has sufficient funds to pay the bill as of the Payment Date. If the funds are unavailable in the selected account, the Bill Payment service will attempt to debit your account two (2) consecutive days. If the funds are not available upon the third (3rd) day, the Payee should reverse the payment attempt. If the Payee does not reverse the payment attempt, the processor will send the bill for collection. At this time, Checkfree RXP Bill Pay will “freeze” the account. The account will remain in “frozen” status until the account is brought into positive standing.
Cut-off Times for Bill Payments
Same Day Payment – 9:00 PM Central Time
Next Day Payment – 4:00 PM – 9:00 PM Central Time (Dependent upon the Merchant)
Overnight Payments – 5:00 PM Central Time
Standard Payment – 9:00 PM Central Time
Institution and its Bill Payment provider also reserve the right to terminate your use of Bill Payment services at any time.
If, for any reason, you should ever wish to cancel Online Banking, we strongly suggest that you cancel all future bill payments at the same time.
Neither Institution nor its suppliers will be liable for any transaction if:
(i) you do not have enough money in your account to complete the transaction;
(ii) a legal order prohibit withdrawals from your account;
(iii) your account is closed or has been frozen;
(iv) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Banking
(v) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly;
(vi) you did not provide us with complete and correct payment or transfer information;
(vii) you did not properly follow the instructions for use of Online Banking;
(viii) you knew that Online Banking and/or the Online Banking Services were not operating properly at the time you initiated the transaction or payment;
(ix) there is postal delay; or
(x) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
Fees and Charges:
Online Banking Services are provided at no charge at this time. When changes are made, you will be notified at least 30 days in advance of changes by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.
Internet Banking - No monthly fee
Cash Management - No monthly fee
Bill Payment services - No monthly fee
Stop Payment Service for Checks:
You may stop payment on a check by providing us with timely, complete and accurate information on: the number of the account in question; the date of the item; the item number; the payee information; and the EXACT amount of the item (dollars and cents). If any information is incomplete or incorrect, we will not be responsible for failing to stop payment on the item. Requests become effective when we confirm their receipt and have verified that the item has not been paid. From time-to-time, the on-line system may be inoperable. If that occurs, your request can be communicated to us by telephone or in writing. Stop payment orders whether oral, written, or electronic, will be in effect for a period of six (6) months. If requested by the Bank, you will confirm any stop payment order in writing within 14 days of an oral or electronic stop payment order, or within 7 days of the Bank's request, whichever is later. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. The Bank may pay any item that is presented following the lapse of any stop payment order. You will incur stop payment charges as disclosed in your account agreement with us. If your checkbook is lost or stolen, please contact the bank. ACH electronic payments must be stopped 3 days prior to presentment.
You should notify us immediately if you believe anyone has improperly obtained your Password or if you suspect any fraudulent activity in your account(s). You may telephone us at 979-249-3151 and/or write us at Round Top State Bank, PO Box 36, Round Top, TX 78954. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any 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 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 or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. (Error resolution procedures apply to consumer accounts only.)
If you think your statement is wrong or if you need more information about a transfer on the statement or receipt; we must hear from you no later than 60 days after we send you the FIRST statement which the error or problem appeared.
(1) Tell us your name and account number
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe there is an error or why you need more information
(3) Tell us the dollar amount of the suspected error
We will investigate your complaint and will correct any error promptly. We will tell you the results of our investigation within 10 business days (20 business days if the transfer involved a new account) after we hear from you will correct any error promptly. An account is considered new for 30 days after the first deposit is made, if you are a new customer. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, point-of-sale or foreign imitated transfer) to investigate your complaint or question. If we decide to do this we will re-credit your account within 10 business days (20 business days if the transfer involved a new 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. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. If we ask you to put your complaint or questions in writing and we do not receive it within 10 business days, we may not re-credit your account. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents used in our investigation.
Electronic Mail (E-mail):
Sending E-mail is a very good way to communicate with Institution regarding your accounts or the Online Banking Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution. You cannot use e-mail to initiate Online Banking Service transactions. All such transactions must be initiated using the appropriate functions within the Online Banking site. Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Disclosure of Information:
Information submitted to Institution or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by Institution or prohibited by law.
Links to other Sites:
Information that Institution publishes on the World Wide Web may contain links to other sites and third parties may establish links to Institution's site. Institution makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Institution does not endorse the products or services offered by any company or person linked to this site nor is Institution responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
Institution is not responsible for any electronic virus that you may encounter using the Online Banking Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
Damages and Warranties:
In addition to the terms previously disclosed, Institution is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by the Online Banking Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. In addition, Institution disclaims any responsibility for any electronic virus(es) Customer may encounter after installation of such software or use of the Online Banking Services. Without limiting the foregoing, neither Institution nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Institution and its suppliers provide Online Banking Services from their own sites and they make no representation or warranty that any information, material or functions included in the Online Banking Services are appropriate for use by you in your jurisdiction. If you choose to use the Online Banking Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Institution nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of the Online Banking Services, or contained in any third party sites linked to or from Institution's web site. INSTITUTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF THE ONLINE BANKING SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer's negligence; (ii) Customer's failure to comply with applicable law; or (iii) Customer's failure to comply with the terms of this Agreement.
Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
Termination and Changes in Terms:
Institution reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.
Applicable Rules, Laws, and Regulations:
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Texas, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Fayette County, Texas, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney's fees, costs, and expenses.
Institution may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution.
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.
Institution shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party's control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.