APPLICATION

INTERNET BANKING AGREEMENT AND DISCLOSURE

This Agreement and Disclosure sets forth your and our rights and responsibilities concerning the use of our Internet Banking Product. In this agreement, the words “you” and “your” mean those who sign as applicants or any authorized user(s). The words “we”, “us” and “our” mean Industry State Bank. By using Internet Banking, you agree to all of the terms of this agreement.

INTERNET BANKING FEATURES: You may access your account information by using a specific Internet Access ID and password assigned to you. At the present time you may use the system to:

General Internet Banking

  • Perform account inquiries on checking, savings, certificate of deposit and loan accounts
  • Obtain statement transaction detail on your account
  • Transfer Funds between your deposit accounts
  • Submit a check re-order request HTTPS://reorder.harland.net

Bill Payment

  • Initiate bill payments to any merchant or vendor you choose

Cash Management Features (Commercial Customers only)

  • ACH Origination

FEES AND CHARGES

  • There is no monthly charge for General Internet Banking features
  • Normal check fees will be assessed when check orders are processed.
  • Commercial Cash Management features are billed per individual proposal.

LIMITATIONS ON FREQUENCY AND AMOUNT:

According to Federal Regulations, you may not make more than six (6) preauthorized or automatic transfers from your money market account during a given monthly statement period, and only three of these transactions may be made to third parties. There are no limits on the number or dollar amount of transfers or payments you make from your checking account. Balances shown online are as of close of business for the prior day. Balances may include deposits subject to verification by us. Balances may also differ from your records due to deposits in process, outstanding checks or other withdrawals, payments or charges. We have the right to cancel transactions if sufficient funds are not available in your account.

ACCESS ID AND PASSWORD:

The Access ID and password issued to you is for your security purposes. Your password is confidential and should not be disclosed to third parties. You are responsible for safekeeping your password. You may change your password at any time by clicking on “Change Password”. For security purposes, the system will automatically prompt you to change your password if you have not changed it in 45 days. You should carefully select a password that is hard to guess. (We suggest that you stay away from names, dates, and information that may be easily guessed.) You agree not to disclose or otherwise make your password available to anyone not authorized to sign on your accounts.

NO SIGNATURE REQUIREMENT:

When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account without requiring your signature on the item and without any notice to you.

NOTICE OF LIABILITY:

Tell us AT ONCE if you believe your password has been lost, stolen or revealed to an unauthorized party. Telephoning us is the best way of keeping your possible losses to a minimum. You could lose all the money in your account (plus your maximum overdraft line of credit.) If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss, and we can prove that we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00.

If your statement shows transactions that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time period. If you believe that your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (979)357-4437, or write us at Industry State Bank, P O Box 66, 16886 Fordtran Blvd, Industry, Texas 78944.

BUSINESS DAYS: Our business days are Monday through Friday. Federal holidays are not included.

CUTOFF TIMES: The following cutoff times pertain to specific Internet Banking features. Transactions received after the cutoff time will be posted the following business day.

  • Funds Transfers - 4:00 PM
  • Bill Payments - 4:00 PM To ensure that payment is properly credited to your account prior to the payment due date, Please allow at least five (5) business days from the date of payment is submitted to reach your merchant or vendor.
  • Cash Management-Determined per individual proposal
     

DOCUMENTATION:

Periodic Statement: You will get a monthly account statement from us on your checking account. Depending on the setup of your savings account, you will receive a statement monthly or quarterly. Confirmation or Receipt: A confirmation or receipt will be displayed at the time your make a transfer, submit a bill payment, initiate cash management transactions. This confirmation or receipt should be printed and kept for your records.

OUR LIABILITY FOR INCOMPLETE TRANSACTIONS: If we do not complete a transaction to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for instance:

  • If, through no fault of ours, you do not have enough money in your account to cover the transaction.
  • If the money in your account is subject to legal process or other claim restricting such transaction.
  • If the transaction would go over your credit limit or your overdraft line.
  • If the terminal or system was not working properly and you know about the breakdown when you started the transaction.
  • If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
  • If any information provided by you about the payee on a bill payment is incorrect prevent the transaction from being completed
  • If there are any delays in handling the payment by the payee

LIMITATION OF LIABILITY;

IN NO EVENT WILL WE BE LIABLE FOR LOSS OF GOOD WILL, OR FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF INTERNET BANKING SERVICES PROVIDED BY THE BANK, REGARDLESS OF WHETHER SUCH CLAIM ARISES IN TORT OR IN CONTRACT. WE DO NOT MAKE, AND YOU EXPRESSLY WAIVE ALL WARRANTIES NOT EXPRESSLY GIVEN HEREIN, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN CASE OF ERRORS OR QUESTIONS: Telephone us at (979)-357-4437, write us at Industry State Bank, P O Box 66, Industry, Texas 78944 as soon as you can, if you think your statement or receipt is wrong or if you need more information about the transaction listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number
  • 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.
  • Confirmation or Receipt number

For bill payment errors tell us:

  • Checking account number used to pay the bill
  • Payee name
  • Date the payment was sent
  • Confirmation or receipt number
  • Payment Amount
  • Payee account number

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will tell you the results of our investigation within ten (10) business days( 5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days( 90 business days if the transfer involved a new account, a point-of-sale transaction or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days ( 5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten (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 of our findings within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

CONFIDENTIALITY:
We will disclose information to third parties about your account or the transaction you make:

  • To complete transactions as necessary,
  • To verify the existence and condition of your account upon the request of third party, such as a credit bureau or merchant;
  • To comply with government agency or court orders; or
  • If you give us your written permission.

VIRUS PROTECTION: Industry State Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

NOTICES: All notices from us will be effective when we have mailed them or delivered them to our last known address on our records. Notices from you will be effective when received by us at the telephone number or the address specified in this agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least thirty (30) days before the effective day of any change as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.

ENFORCEMENT: In the event either party brings a legal action to enforce this agreement or collects amounts owing as a result of any account transaction, the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees on any appeal, subject to any limits under applicable law.

TERMINATION:
You agree that we may terminate this agreement if:

  • Your or any authorized user of your password breach this or any other agreement with us;
  • We have reason to believe that there has been an unauthorized use of your account or password;
  • We notify you or any other party to your account that we have cancelled or will cancel this Agreement;
  • You or any other party to your account can terminate this Agreement by notifying us in writing.

Termination of service by you will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of parties under this Agreement for transactions initiated before termination.

Except with respect to disputes arising from a misappropriation or misuse of either party’s proprietary rights, any dispute or controversy arising out of this agreement, or its interpretation, shall be submitted to and resolved exclusively by arbitration under the rules then prevailing of the American Arbitration Association, upon written notice of demand for arbitration by the party seeking arbitration, setting forth the specifics of the matter in controversy or the claim being made. The arbitration shall be heard before an arbitrator mutually agreeable to the parties; provided, that if the parties cannot agree on the choice of arbitrator within twenty (20) days after the first party seeking arbitration has given written notice, then the arbitration shall be heard by three (3) arbitrators, one chosen by each party, and the third chosen by the two arbitrators. The arbitrators will be selected from a panel of persons having experience with and knowledge of banking practices and information technology and at least one of the arbitrators selected will be an attorney. A hearing on the merits of all claims for which arbitration is sought by either party shall be commenced not later than ninety (90) days from the date demand for arbitration is made by the first party seeking arbitration. The arbitrator(s) must render a decision within twenty (20) days after the conclusion of such hearing. Any award in such arbitration shall be final and binding upon the parties and the Judgment thereon may be entered in any Court of competent jurisdiction. If arbitration is required to resolve any disputes between the parties, the proceedings to resolve those disputes shall be held in the county in which we are located.

I AGREE TO ACCEPT THE INTERNET BANKING AGREEMENT AND DISCLOSURE ON LINE