|FACTS||What does FIRST NATIONAL BANK OF STANTON do with your personal information?|
|Why?||Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.|
The types of personal information we collect and share depends on the product or service you have with us. This information can include:
|How?||All financial institutions need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons First National Bank of Stanton chooses to share; and whether you can limit this sharing.|
|Reasons we can share your personal info||Does First National Bank of Stanton Share?||Can you limit this sharing?|
For our everyday business purposes:
such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
For our marketing purposes:
to offer our products and services to you
|No||We don't share|
|For joint marketing with other financial companies-||No||We don't share|
For our affiliates' everyday business purposes-
information about your transactions and experiences
|No||We don't share|
For our affiliates' everyday business purposes-
information about your creditworthiness
|No||We don't share|
|For non-affiliates to market to you-||No||We don't share|
|Who we are|
|Who is providing this notice?||First National Bank of Stanton – 119 N. St. Peter, Stanton, Texas 79782|
|What we do|
|How does First National Bank of Stanton protect my personal information?||
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
We limit employee access to confidential customer financial information to those employees with a business reason for knowing such information.
|How does First National Bank of Stanton collect my personal information?||
We collect your personal information, for example, when you:
|Why can't I limit all sharing?||
Federal law gives you the right to limit only:
Companies related by common ownership or control. They can be financial and non financial companies.
Companies not related by common ownership or control. They can be financial and non-financial companies.
A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
E-mails fraudulently claiming to be from the FDIC are attempting to get recipients to click on a link, which may ask them to provide sensitive personal information. These e-mails falsely indicate that FDIC deposit insurance is suspended until the requested customer information is provided.
The Federal Deposit Insurance Corporation (FDIC) has received numerous reports from consumers who received an e-mail that has the appearance of being sent from the FDIC. The e-mail informs the recipient that "in cooperation with the Department of Homeland Security, federal, state and local governments…" the FDIC has withdrawn deposit insurance from the recipient's account "due to account activity that violates the Patriot Act." It further states deposit insurance will remain suspended until identity and account information can be verified using a system called "IDVerify." If consumers go to the link provided in the e-mail, it is suspected they will be asked for personal or confidential information, or malicious software may be loaded onto the recipient's computer.
This e-mail is fraudulent. It was not sent by the FDIC. It is an attempt to obtain personal information from consumers. Financial institutions and consumers should NOT access the link provided within the body of the e-mail and should NOT under any circumstances provide any personal information through this media.
The FDIC is attempting to identify the source of the e-mails and disrupt the transmission. Until this is achieved, consumers are asked to report any similar attempts to obtain this information to the FDIC by sending information to firstname.lastname@example.org.
Sandra L. Thompson
Division of Supervision and Consumer Protection
Paper copies of FDIC Special Alerts may be obtained through the FDIC's Public Information Center, 877-275-3342 or 703-562-2200
Identity Theft Prevention Tips
While First National Bank of Stanton works to protect your banking privacy, you also play an important role in protecting your information. Here are a few steps you can take to protect your identity:
- Add your phone numbers to the national Do Not Call Registry at www.donotcall.gov or by calling 1-888-382-1222. Since February 2008, these registered telephone numbers will no longer expire off the list.
- Examine your credit card and financial institution statements immediately upon receipt to determine whether there were any unauthorized transactions. Report any that you find immediately to the financial institution.
- Place a fraud alert every 90 days on your credit file at www.fraudalerts.equifax.com or by calling 1-800-525-6285. By placing a fraud alert with Equifax, you will automatically have alerts placed at Experian and TransUnion.
- Each year, you are entitled to one free credit report through www.annualcreditreport.com or by calling 1-877-322-8228.
- Request a copy of your Social Security statements at www.ssa.gov/mystatement to be sure that no one else is using your social security number for employment.
Every 5 Years
- Opt out of pre-screened credit offers by calling 1-888-567-8688 or at www.optoutprescreen.com.
Please read the other sections to learn about the different types of fraud and how to prevent them, from spyware and other computer fraud to mail and phone fraud to email phishing and web spoofing. Our Fraud Summary page provides more tips on how to protect yourself.
Identity Theft is the most popular and profitable form of consumer fraud. It occurs when someone uses your personal information such as your name, Social Security number, credit card number or other identifying information, without your permission to commit fraud or other crimes.
Common ways identity theft can happen:
"Old Fashioned" Stealing
- Thieves typically steal wallets and purses. They also steal mail such as credit card and bank statements, pre-approved credit card offers, check orders and other financial mail.
- Thieves dig through trash looking for bills, financial or other personal information.
Change of Address
- Thieves modify or redirect your billing statements to another address by completing a "change of address" form.
- Thieves may send unsolicited Emails, pretending to be a financial institution or a company, asking you to click a link to update or confirm your personal or login information. The link is directed to a "spoof" website designed to look like a legitimate site.
- Thieves may use a card reader device to copy the card's magnetic strip to duplicate without the card owner's knowledge.
Monitor your accounts
Keep track of transactions on your accounts by logging in to First National Bank of Stanton's Online Banking, where you can view your activity as it is posted.
Protect your personal information
- Do not carry your Social Security card in your wallet.
- Do not have personal information such as your Social Security number and driver's license number printed on your checks.
- Keep your new and cancelled checks in a safe place.
- Do not leave your purse, wallet, checkbook, or any other forms of identification in your car
- Shred or tear up any documents containing banking or credit information, especially pre-approved credit offers, before you throw them away. To opt out of pre-approved credit card offers, call 1-888-567-8688.
- Keep your PINs and passwords a secret. Do not write them down or share them with anyone.
First National Bank of Stanton continually makes investments in state-of-the-art online banking security to ensure we protect the confidentiality of every customer's online information and to provide the utmost security of every user.
Computer protection tips:
- Update your computer operating system on a regular basis.
- Keep your browser current with the latest security updates.
- Use updated anti-virus software.
- Use updated anti-spyware software and consider using more than one, to ensure the most thorough scan.
- Change your passwords on a regular basis, as a good practice to help prevent unauthorized access.
- Download free software only from websites you know and trust.
- Do not install software without knowing exactly what it is or what it will do (read the end-user license agreement).
- Close pop-up ads by clicking on the "X" instead of clicking within the advertisement itself.
- Review your browser security settings and set them to a high enough level to help detect unauthorized downloads. (Click your browser's "Help" menu for steps).
- Do not click link inside of spam email. Especially emails claiming to offer anti-spyware software.
- Install a personal firewall on your computer. A firewall works like a filter that prevents access to information on your computer.
- Don't give any of your personal information to any web sites that do not use encryption or other secure methods to protect it.
Mail and Phone
We recommend you learn ways to protect yourself from common fraud schemes.
Vishing scams target consumers by “spoofing” text or voicemail messages that ask you to call a phone number and give your personal information. Here’s how it works:
- You receive a "spoof" email or text message about suspicious account activity.
- The text or voicemail message will ask you to call a “customer service” number.
- When you call the customer service number, a recording will ask you to provide personal information such as account numbers, passwords, a social security number, or other critical information.
- The recording may not mention the company’s name and could potentially be an indication the call is being used for fraud.
- You can also receive a phone call.
- The call could be a “live” person or a recorded message.
- The caller may already have your personal information, which may seem as if the call is legitimate.
Smishing is when consumers' cell phones and other mobile devices are targeted with mobile spam. The spam, or text messages, attempt to trick consumers into providing personal information. Here's how it works:
- You receive a fake text message, which may include a fraudulent link, asking you to register for an online service.
- The scammer attempts to load a virus onto your cell phone or mobile device.
- The scammer may also send a message 'warning' you that your account will be charged unless you cancel your supposed online order.
- When you attempt to log on to the website, the scammer extracts your credit card number and other personal information.
- In turn, your information is used to duplicate credit, debit and ATM cards.
- Scammers may also send you a text message again 'warning' you that your bank account has been closed due to suspicious activity.
- The text message will ask you to call a 'customer service' number to reactivate your account.
- When you call the number, you are taken to an automated voice mail box that prompts you to key in your credit card, debit card or ATM card number, expiration date and PIN to verify your information.
- Again, your information is used to duplicate credit, debit and ATM cards.
Lottery/Sweepstakes scams target consumers by a notification, which arrives through the mail, by email, or by an unsolicited telephone call. Here's how it works:
- The notification advises you have won a prize, but you did not enter in any type of lottery or sweepstake by the promoter contacting you.
- The promoter will ask you to send payment to cover the cost of redeeming the prize when the prize does not exist.
- In this type of scam, you may rarely if ever receive any winnings in return.
Check Overpayment Scams
Check Overpayment scams target consumers who sell items through an online auction site or a classified ad. Here's how it works:
- The seller takes a big loss when the 'buyer' passes a counterfeit cashier's check, money order, corporate or personal check as payment.
- The counterfeit check is written for more than the agreed price.
- The 'buyer' will ask the consumer to wire back the difference after the check has been deposited.
- The check will more than likely bounce and the consumer becomes liable for the entire amount.
Tips for the mailbox
Check Overpayment scams target consumers who sell items through an online auction site or a classified ad. Here's how it works:
- Deposit outgoing mail at the Post Office.
- Remove incoming mail from your personal mailbox as soon as possible, or use a P.O. Box or locked, secure mailbox.
- Request a mail hold from the United States Postal Service or call them at 1-800-275-8777 if you plan to be away from home for an extended period.
- Know your billing cycles. If bills are late or missing, contact your creditors.
- Watch for your new or replacement Checkcard from us. You should receive it within five business days.
- Switch to a more secure way of receiving your account statement. When you sign up for First National Bank of Stanton Online E-Statements, your statement will no longer sit in your mailbox. Instead, we will send you an email when your statement is available through your secure Online Banking account.
Tips for the phone
- Do not give out personal information, such as your account numbers, card numbers, Social Security, tax identification numbers, passwords, or PINs, unless you have initiated the call.
- We will not make an unsolicited call requesting your personal information.
- If you ever believe you are not talking to a representative of a legitimate company, hang up and call the phone number listed in the telephone book.
Phishing and Spoofing
Phishing scams target consumers by “spoofing” text or voicemail messages that ask you to call a phone number and give your personal information. Here’s how it works:
- You receive an email message , asking you to click on a link in order to update some sensitive personal information.
- The link will redirect you to a "spoofed" website, which is designed to look like a legitimate website.
- The website will ask you to input personal information such as your account numbers, PINs , or a social security number.
Avoid spoofed websites
To protect yourself from going to a spoofed website, always type: "www.fnbstanton.com" into your browser when you login to your First National Bank of Stanton Online Banking Account, instead of clicking a link in an email.
email protection tips
- Do not click links in Emails to log in, or to update or confirm your sensitive information
- Do not fill out forms in Emails
- Be cautious about opening attachments or downloading files, regardless of who sent them
- 'Spam', or mass email messages, often contain links to phishing websites and other unsavory websites.
- Many phishing scams originate outside of the United states. Be wary of emails from people or sources you don't know or trust.
- Poor grammar and misspelled words from unknown sources asking you for personal information are clear warning signs of a phishing scam being operated outside of the United States.
- Legitimate companies or organizations will never ask you to divulge any personal information over email.
- Phishing emails may also be fake contests or offerings, asking you to input personal information.
- If an offer or email you receive is too good to be true, it most likely is.
Bank Error Messages
One of the newest schemes by fraudsters involves spoofing bank error messages. Here's how it works:
- Fraudsters will send you an email message about a data or site maintenance error at First National Bank of Stanton or any of your banks.
- The email will ask you to click on a link, which will redirect you to a site and will install malware on your computer.
- This malware allows scammers to intercept your password and bypass the dual authentication system many financial institutions use.
- The next time you attempt to log in to your online banking service, scammers attempt to steal your password and may quickly drain your account.
Emails from First National Bank of Stanton
For your protection, we will not send you an email to update or confirm your sensitive information by clicking a link or replying.
Emails to First National Bank of Stanton
Please do not send personal information in this un-secure email. Secure email may be sent from the Secure Feedback form from within our Online Banking’s Support Tab.
Mobile Deposit User Agreement
This Mobile Deposit User Agreement (this “Agreement”) contains the terms and conditions of the use of mobile deposit services and is a supplement to the Deposit Account Terms and Conditions, Internet Banking and Bill Payment agreement, and other agreements between First National Bank of Stanton(the “Bank”) and you (“Customer”, “you”). In the event of conflict or discrepancy between this Agreement and other agreements entered into between you and First National Bank of Stanton regarding the subject matter herein, this Agreement shall take precedence.
Services - The mobile deposit services (the “Services”) are designed to allow you to make deposits to qualified First National Bank of Stanton checking, savings, or money market accounts from home or other remote locations by using a mobile device (phone, pad, etc.) to capture images of checks and delivering the images and associated deposit information to the Bank or a third-party processor designated by the Bank.
Acceptance of these Terms - Your use of this Service constitutes your acceptance of this Agreement. This Agreement is subject to change periodically unless specifically prohibited by applicable law. The Bank will notify you of any material change either electronically or by physical mail to you at the most current address on record with the Bank. Notices shall be deemed delivered after one (1) business day if delivered electronically, or after three (3) business days if sent by physical mail. Changes to this Agreement will be deemed effective no less than thirty (30) days after delivery (as calculated by the above mentioned standards). You will have the right to terminate this Agreement prior to the effective date of amendment. After the amendment becomes effective, continued use of the Services by you will indicate consent to be bound by the revised Agreement. Further, the Bank reserves the right, at its sole discretion, to change, modify, add, or remove portions from or add limitations to the Services. Your continued use of the Services will indicate your acceptance of any such modifications to the Services. In addition, you provide Bank with your express consent permitting us to contact you as necessary to provide the Services (including push notifications to your mobile device). Such activities may include, but are not limited to, providing account alerts, confirming account activity, confirming mobile remote capture deposits, undertaking fraud prevention, servicing, advertising, or for any other purpose as provided in this Agreement. You also provide your express consent to receive messages we may send to your mobile device. You agree to receive messages even if your mobile device is registered on any federal or state do-not-call registry.
Limitations of Service - When using this Service, you may experience technical or other difficulties. The Bank does not assume any responsibility for any technical or other difficulties or any resulting damages that you may incur. This service has qualification requirements, and the Bank reserves the right to change the qualifications at any time without prior notice. The Bank additionally reserves the right to change, suspend or discontinue the Service in whole or in part, or Customer’s use of the Service, in whole or in part, immediately and at any time without prior notice to you.
Hardware and Software - In order to use this Service, Customer must obtain and maintain, at Customer’s expense, compatible hardware and software as specified by the Bank. The Bank is not responsible for any third party hardware or software you may need to use this Service. Any hardware or software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation. In addition, you understand and agree you are still subject to the terms and conditions of any agreement you have with any unaffiliated third-party service providers, including, but not limited to your mobile service provider (e.g. AT&T, Verizon, Sprint, T-Mobile, etc.) or any third-party provider of or marketplace for the Services (e.g. Apple, Inc., Google, Inc. (Android)), and this Agreement does not amend or supersede any of those separate third-party service provider agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of the Services (e.g. data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider’s own network. You agree to resolve any problems with your mobile service provider without involving Bank, Apple, Inc., or Google, Inc. (Android). You must comply with the applicable third party terms when using the Services (e.g. you cannot be in violation of your wireless provider agreement when using the Service).
Fees - The Bank may opt to charge a fee for the Service. You are responsible for paying the fees for the use of the Service. The Bank may change the fees for use of this Service at any time pursuant to the section titled “Acceptance of these Terms” above. You authorize the Bank to deduct any such fees from any Bank account in your name. The Bank is not liable for any costs you may incur from cellular data networks or other related equipment that may result from usage of this Service.
Qualifications For and Information Regarding the Services - Provision of the Services to you is at the Bank’s sole discretion. For new customers, in order to qualify for the Services, the account with the Bank must have been open for a minimum of 90 days cannot have had any overdrafts, and the account must otherwise be in good standing. For existing customers, the account cannot have had more than two (2) overdrafts within the past 90 days, and must otherwise be in good standing. You agree that the bank may limit the amount and number of items that you deposit using this service. Further, this limit may change without notice.
Eligible Items - You agree to image and deposit only “checks” as that term is defined in Federal Regulation CC (“Reg CC). When the images of the front and back of the check are transmitted to the Bank, they are individually or collectively converted to an electronic image for subsequent presentment and collection. It shall therefore be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not image and deposit any of the following types of checks or other items which shall be considered ineligible items:
- Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
- Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn
- Checks payable jointly, unless deposited into an account in the name of all the payees
- Checks drawn on a financial institution located outside the United States
- Checks that are remotely created checks
- Checks not payable in United States currency
- Checks dated more than six (6) months prior to the date of deposit
- Checks that are “VOID” after a set time period
- Checks or items prohibited by the Bank’s current procedures relating to the Service or which
- Checks payable on sight or payable through Drafts
- Checks with any endorsement on the back other than that specified in this Agreement
- Checks that have been previously deposited, whether or not submitted through the Service or through a remote deposit service offered at any other financial institution, or otherwise previously converted to a substitute check.
Endorsements and Procedures - Electronic Images shall be deemed received by Bank for deposit based upon time of receipt as well as successful receipt of Electronic Images that are complete, usable, and adhere to the standards discussed herein. If any Electronic Image is not complete, is not usable, or does not adhere to the standards, the Electronic Image may not be processed by Bank, in which even your deposit will be adjusted and notification provided. The daily cut-off time for RDC deposits is 2:00p.m. CST. Such daily cut-off times may be adjusted by Bank in its sole discretion from time to time upon notice to you. If the deposits are not received by the end-of-day cutoff time, Bank will not guarantee that deposits will be processed that day. Bank may accept these deposits and they will be processed on Bank’s next Business Day. Bank shall give provisional credit for deposits subject to revocation of credit for deposits as provided in Regulation CC and the Uniform Commercial Code. The availability of funds for deposits via the Services is set forth in this Agreement. All checks submitted through the Services must be properly endorsed by you prior to transmittal. You agree that all checks deposited through this Service must (a) be endorsed by all required payees, and (b) contain the restrictive endorsement “Mobile Deposit Only, FNB” Items not meeting these conditions will NOT be accepted for deposit.
You agree to follow any and all other procedures and instructions for use of this Service as the Bank may establish from time to time. Any loss that Bank incurs from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. Bank has no responsibility or liability for any fees incurred due to the rejection of transmitted items for missing/incomplete endorsements.
Receipt of Items - In general, all images processed for deposit through the Services will be treated as “deposits” under your current Deposit Account Terms and Conditions with Bank. Any confirmation from Bank that we have received the image does not mean that the image contains no errors. Bank is not responsible for any image it does not receive. The Bank reserves the right to reject any item transmitted through this Service, at the Bank’s discretion and without liability. The Bank is not responsible for items the Bank does not receive or for images that are dropped during transmission. The Bank further reserves the right to charge back to Customer’s account at any time any item that the Bank subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of a chargeback of an ineligible item. Following receipt, Bank may process the image by preparing a “substitute check” or clearing the item as an image.
Availability of Funds - You agree that items transmitted using this Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC for an “electronic” deposit. Generally, and except as otherwise provided herein, items transmitted using this Service will be available subject to the Bank’s approval. If you make a deposit using this Service before 2:00p.m.CST, on a business day that the Bank is open, the Bank will consider that day to be the day of your deposit. However, if you make a deposit using this Service after 2:00p.m.CST, or on a day that we are not open, the Bank will consider that deposit to have been made on the next business day that the Bank is open. You acknowledge that all credits given by the Bank for an item are provisional, subject to verification and final settlement. The Bank shall have no liability for the return or refusal of any item.
The Bank may also delay in making funds available due to the following circumstances:
- The Bank suspects the check you deposited may not be paid
- You redeposit a check that has been returned unpaid
- You have overdrawn your Account repeatedly in the past six months
- There is an emergency, such as failure of computer or communications equipment
- The Bank believes a check you deposited is a duplicate image
- The Bank exercises its rights to investigate any unusual or suspicious items as determined by the Bank’s sole discretion
The Bank will notify you if there is any type of delay in your ability to withdraw funds for any of these or other reasons, and the Bank will attempt to tell you when the funds will be available.
Retention and Security of Original Checks - Upon your receipt of a confirmation from the Bank that the Bank has received an image that you have transmitted, you agree to retain the check in safekeeping in a secure environment for at least sixty (60) calendar days from the date of the image transmission. After sixty (60) days, you agree to destroy the check that you transmitted as an image, mark it “VOID” or otherwise render it incapable of further transmission, deposit, or presentment. Image quality is reviewed by the Bank after submission; however, if the receiving bank does not accept the image, you may be required to present the original check for payment. During the time the retained check is available, you agree to promptly provide it to the Bank upon request. The Bank assumes no liability for losses you may incur if the receiving bank does not accept your image and you are unable or unwilling to present the original check for payment. You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Deposit Limits - The Bank has established a limit of $5,000.00 and up to (10) items per day that you may make via the Services. If you attempt to initiate a deposit in excess of these limits, the Bank may reject your deposit. If the Bank permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and the Bank will not be obligated to allow such a deposit at other times. Daily and monthly deposit limits may vary for users of other services provided by the Bank.
Presentment - The manner in which the items are cleared, presented for payment, and collected shall be in the Banks sole discretion, subject to the Deposit Terms and Conditions or other agreements governing your account.
Errors - You agree to notify the Bank of any suspected errors regarding items deposited through this Service right away, and in no event later than sixty (60) days after the applicable Bank account statement is sent. Unless you notify the Bank within sixty (60) days, such statement regarding all deposits made through this Service shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error.
Errors in Transmission - By using this Service you accept the risk that an item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such interception or misdirected items or information disclosed through such errors.
Returned Deposits - Any credit to your account for checks deposited using the Services is provisional. If original checks deposited through Services are dishonored, rejected or otherwise returned unpaid by the drawee bank, or any rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that Bank may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse Bank for all loss, cost damage or expenses caused by or relating to the processing of the returned item. Without Bank’s approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
Image Quality - Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the bank of the original check. The image of an item transmitted to the Bank using this Service must be legible, as determined in the sole discretion of the Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established under Reg. CC and otherwise from time to time by the Bank, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association. The Bank accepts no liability and makes no guarantee that its image standards will be acceptable to other banks when presented for payment.
Customer Representations and Warranties - Customer represents and warrants to the Bank; (a) customer has the authority to enter into this agreement and perform its obligations hereunder and all information supplied by customer to the Bank is accurate and true; (b) customer will provide all reasonable assistance to the Bank in providing the Service set forth herein; (c) customer and any authorized users will only use this Service for lawful purposes and in compliance with all applicable rules and regulations and with the Bank’s reasonable instructions, rules, policies, specifications, terms and conditions, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party; (d) customer has only transmitted acceptable items for deposit and has handled the original items following transmission to the Bank as agreed to or directed by the Bank and in accordance with applicable law; (e ) customer is a person authorized to enforce each item or is authorized to obtain payment of each item on behalf of a person entitled to enforce an item; (f) the items have not been altered; (g) each item bears all applicable endorsements in a restricted format as directed by the Bank; (h) all the warranties set forth in and subject to the terms of 4-507 of the Uniform Commercial Code as adopted in the state of Texas, and as may be modified from time to time, as well as any other applicable section thereof; (i) the electronic image portion of each item accurately and legibly represents all of the information on the front and back of the original check as of the time the original check was truncated, the information portion of the item contains a record of all applicable micr-line information required for a substitute check, and the item conforms to the technical standards for an electronic item as specified by the Bank from time to time; (j) customer will submit only one accurate and clear image of the front and back of each item to the Bank only one time; (k) customer will not deposit the original item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper, or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid; (l) the amount of an item, and such other information contained in such item which is accurate and complete. Customer agrees that these representations and warranties shall be true and correct as of the date of each item and that the submission of each item to the Bank for processing shall be an acknowledgement of each such representation and warranty as of that date.
Mobile Deposit Unavailability - When using the Services, you may experience technical or other difficulties. The Services may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event that Mobile Deposit is unavailable, you may deposit original checks at our branches, via mail, night depository or teller transaction. Bank will attempt to post alerts on our website or send you a targeted notification to you, of these interruptions in Service. Bank cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and Bank reserves the right to change the qualifications at any time without prior notice. Bank reserves the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
Compliance with Law -You will use the Services for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations, including the sanctions laws administered by OFAC and the Bank Secrecy Act.
Cooperation with Investigation - You agree to cooperate with the Bank in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through this Service in your possession and your records relating to such items and transmissions.
Termination - The Bank may terminate this Agreement at any time and for any reason, This Agreement shall remain in full force and effect unless and until it is terminated by the Bank. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use this Service for any unauthorized or illegal purposes or you use this Service in a manner inconsistent with the terms of your Deposit Terms and Conditions or any other agreement with the Bank.
Severability - In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
Ownership and License - You agree that the Bank retains all ownership and proprietary rights in this Service, associated content, technology, and websites. Your use of this Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates Customer’s right to use this Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner (ii) for any purpose which would be contrary to the Bank’s business interests, or (iii) to the Bank’s actual or potential economic disadvantage in any aspect. You may use this Service only in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide this Service. You also agree not to interfere with or attempt to interfere with the technology or the Services. Bank and its third party technology providers retain all rights, title and interests in and to the Services made available to you.
Security Procedures and Communications - Certain procedures, including the use of identification codes, encryption, passwords, logon identifications, personal or location identification numbers, repetitive codes, tokens and other security devices, systems and software (the “Security Procedures), designed to verify the origination (but not errors in transmission or content) of instructions, orders and other communications (each, a “Communication”) sent between Customer and the Bank may be used in connection with this Service. Customer agrees that any such mutually agreed-upon Security Procedures shall be deemed commercially reasonable. The Bank shall not be obligated to act on a Communication not transmitted in accordance with the Security Procedures and may refuse to act on any Communication where the Bank reasonably doubts its authorization, authenticity, contents, origination, or compliance with the Security Procedures. The Bank shall have no duty to discover, and shall not be liable for, errors or omissions by Customer. If the Bank complies with the Security Procedures in respect of a Communication, the Bank shall be entitled to act on that Communication and shall not be obligated to verify the content of such Communication, establish the identity of the person giving it, or await any confirmation thereof, the Bank shall not be liable for acting on, and Customer shall be bound by, any Communication sent in the name of the Customer, whether or not authorized. Whenever the Security Procedures include the assigning to Customer of any confidential password, logon identification, security questions, personal or location identification number, repetitive code, token or similar security devices. Customer shall implement such safeguards as are reasonably necessary to ensure the confidentiality and integrity of such security devices, and shall immediately notify the Bank if the confidentiality or integrity of any such security device or information has been breached, compromised, or threatened. Customer shall be solely responsible for the safekeeping of such security devices and assumes all risk of accidental disclosure or inadvertent use of such security devices by any party whatsoever, whether such disclosure or use is on account of Customer’s negligence or deliberate acts or otherwise. The bank shall not be liable for any loss or damage resulting from fraudulent, unauthorized or otherwise improper use of any security devices. With respect to the Services, you will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in or reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement. Accountholder’s Indemnification Obligations – You understand and agree that you are required to indemnify Bank and hold Bank harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
Customer Service - Bank and any of its third party service providers are the developers of these Services. If you have any questions, complaints or claims with respect to the Services, you may contact Bank by phone at 432-756-3361, email us using the secure email through the Internet Banking Service, or writing to us at PO BOX 10, Stanton, Texas 79782.
Force Majeure - In no event shall the Bank be liable for delays which happen for reasons beyond its control, including without limitation, acts of civil, military, or banking authorities, national emergencies, riots, weather, unavoidable difficulties with equipment, the unavailability of the internet, any errors in information provided, any difficulties caused by an internet or other service provider or any hardware or software failure, whether caused by a virus or otherwise.
Entire Agreement - This agreement constitutes the entire agreement between you and the Bank regarding the subject matter herein and supersedes existing agreements and all other related communications, written or oral, regarding the subject matter herein.