| ONLINE ACCESS AGREEMENT AND
ELECTRONIC FUND TRANSFER ACT DISCLOSURE
|
Agreement - This Agreement, is
a contract establishing the rules, terms and
conditions which cover your electronic access to
your accounts at Unity National Bank through The
Unity National Bank’s (BANK) Internet Banking
System. By using the Internet Banking System,
you accept all terms and conditions of this
Agreement. Please read it carefully. The terms
and conditions of the deposit agreements and
disclosures for each of your BANK accounts as
well as your other agreements with Unity
National Bank such as loans continue to apply
notwithstanding anything to the contrary in this
Agreement.
This Agreement is also subject to applicable
federal laws and the laws of the State of Texas
(except to the extent this Agreement can and
does vary such rules or laws). If any provision
of this Agreement is found to be unenforceable
according to its terms, all remaining provisions
will continue in full force and effect. The
headings in this Agreement are for convenience
or reference only and will not govern the
interpretation of the provisions. Any waiver
(express or implied) by either party of any
default or breach of this Agreement must be in
writing and shall not constitute a waiver of any
other or subsequent default or breach. You may
not assign this Agreement. Unity National Bank
may assign this Agreement without permission or
notice.
This Agreement is binding upon your heirs and
Unity National Bank’s successors and assigns.
Certain obligations of the parties pursuant to
this Agreement, which, by their nature would
continue beyond the termination, cancellation or
expiration of this Agreement shall survive
termination, cancellation or expiration of this
Agreement. This Agreement constitutes the entire
agreement between you and Unity National Bank
with respect to the subject matter hereof and
there are no understandings or agreements
relative hereto which are not fully expressed
herein.
Definitions - As used in this
Agreement, the words “we,” “our,” “us” and
“BANK” mean Unity National Bank and “You” and
“your” refer to the account holder authorized by
Unity National Bank to use Unity National Bank's
Internet Banking System under this Agreement and
anyone else authorized by that account holder to
exercise control over the account holder’s funds
through Unity National Bank's Internet Banking
System. “Account” or “accounts” means your
accounts at Unity National Bank, N. A.
“Electronic funds transfers” means ATM
withdrawals, pre-authorized transactions, point
of sale transactions and transfers to and from
your accounts at Unity National Bank Internet
Banking System. “Business days” means Monday
through Friday. Holidays are not included.
Internet Security Information - Our
Internet Banking System utilizes a comprehensive
security strategy to protect accounts and
transactions conducted over the Internet. In
addition to our login security, we use SSL
(secure socket layer) encryption technology for
everything done in the system. Your browser
automatically activates this technology when it
attempts to connect to our Internet Banking
System and it will support 128-bit key lengths.
Whenever SSL is securing your communications,
the browser will typically indicate the "secure
session" by changing the appearance of a small
padlock icon at the bottom of the screen from
open to locked. What this means to you is that
your communications are scrambled from your
browser to our servers at all times, so no
unauthorized party can read the information as
it is carried over the Internet. Additionally,
our servers have been certified by a
"Certificate Authority" to assure you that you
are actually talking to our servers instead of
someone pretending to be us.
During your use of the Internet Banking System,
we will pass a "cookie" to your browser to
identify you. We do not (and cannot) use our
cookies to obtain new information about you. A
"cookie" is security data given to a browser by
a web server and returned by the browser on
subsequent transmissions to identify the user
and encryption information. When you log onto
the Internet Banking System, this cookie enables
us to process multiple transactions during the
session without you having to provide your Login
ID and password for each individual transaction.
After a predetermined amount of time set by our
security system or when you log off, the session
cookie is no longer accepted and the password
must be re-entered. A new cookie is used for
each session, so that no one can use the cookie
to access your account. For Cash Management
users, a cookie may also be used to restrict
access to a specific personal computer for
conducting business transactions.
Enrollment Process - The Internet
Banking System requires the customer to complete
the initial registration process. This involves
the customer completing a secure online
questionnaire.
Access - To use the Internet Banking System, you
must have at least one account at Unity National
Bank, N.A., and access to Internet service. Once
you have accepted the terms of this agreement,
you will be asked to set up your internet
account with Unity National Bank. You will be
given instructions which will enable you to set
up your unique Access ID and Password. The
Internet Banking System can be used to access
only the BANK accounts that you have
authorization to access. We undertake no
obligation to monitor transactions through the
Internet Banking System to determine that they
are made on behalf of the account holder.
Internet Banking Services - You can use the
Internet Banking System 24 hours, 7 days a week
to check the balance of your BANK accounts, view
BANK account histories, transfer funds between
your BANK accounts, order checks, download
history to personal finance software programs.
Hours of Access - You can use the
Internet Banking System seven days a week,
twenty-four hours a day, although occasionally
some or all Internet Banking System services may
not be available due to emergency or scheduled
system maintenance. We agree to post notice of
any extended periods of non-availability on the
Internet Banking System website.
Your Password - For security purposes,
you determine what password you will use; the
identity of your password is not communicated to
us. You agree that we are authorized to act on
instructions received under your password. You
accept responsibility for the confidentiality
and security of your password and agree to
change your password regularly. Upon three
unsuccessful attempts to use your password, your
access to the Internet Banking System will be
revoked. To re-establish your authorization to
use the Internet Banking System, you must
contact us to have your password reset or to
obtain a new temporary password. We require that
you create a password that utilizes both alpha
and numeric characters for purposes of security.
Your password should not be associated with any
commonly known personal identification, such as
social security numbers, address, date of birth
or names of children, and should be memorized
rather than written down.
Security - You understand the
importance of your role in preventing misuse of
your accounts through the Internet Banking
System, and you agree to promptly examine the
paper statement for each of your BANK accounts
as soon as you receive it. You agree to protect
the confidentiality of your account and account
number, and your personal identification
information such as your driver’s license number
and social security number. You understand that
personal identification information by itself or
together with information related to your
account may allow unauthorized access to your
account. Your password and Login ID are intended
to provide security against unauthorized entry
and access to your accounts.
Data transferred via the Internet Banking System
is encrypted in an effort to provide
transmission security; the Internet Banking
System utilizes identification technology to
verify that the sender and receiver of the
Internet Banking System transmissions can be
appropriately identified by each other.
Notwithstanding our efforts to ensure that the
Internet Banking System is secure, you
acknowledge that the Internet is inherently
insecure and that all data transfers, including
electronic mail, occur openly on the Internet
and can potentially be monitored and read by
others. We cannot and do not warrant that all
data transfers utilizing the Internet Banking
System, or email transmitted to and from us,
will not be monitored or read by others.
Fees and Charges - You agree to pay the
fees and charges as set forth in the current fee
schedule. You agree that all such fees and
charges will be deducted from your primary BANK
account. You agree to pay any additional
reasonable charges for services you request not
covered by this Agreement. You are also
responsible for telephone and Internet service
fees incurred in connection with your use of the
Internet Banking System.
Posting of Transfers - Transfers
initiated through the Internet Banking System
will be made available the same day. The
Internet Banking System identifies a transfer
based upon the Login ID of the user who made the
electronic transfer. Accordingly, you understand
and acknowledge that the View Postings screens
in the Transfer menu options of The Internet
Banking System will reflect transfers made by
multiple users from the same account if
different Login IDs are used. You agree to
communicate to any other persons with authorized
access to your accounts concerning any transfers
or bill payments from your accounts, in order to
avoid overdrafts.
Overdrafts - (Order of Payments,
Transfers and other Withdrawals) - If your
account has insufficient funds to perform all
electronic fund transfers you have requested for
a given business day, then: (a) Electronic funds
transfers involving currency disbursements, like
ATM withdrawals, will have priority; (b)
Electronic fund transfers initiated through the
Internet Banking System which would result in an
overdraft of your account may, at our
discretion, be cancelled and (c) In the event
that electronic fund transfers initiated through
the Internet Banking System which would result
in an overdraft of your account are not
cancelled, overdraft charges may be assessed
pursuant to the terms of the deposit agreement
for that account.
Limits on Amounts and Frequency of Internet
Banking System Transactions - The
number of transfers from BANK accounts and the
amounts that may be transferred are limited
pursuant to the terms of the applicable deposit
agreement and disclosure for those accounts. If
a hold has been placed upon deposits made to an
account from which you wish to transfer funds,
you cannot transfer the portion of the funds
held until the hold expires.
Disclosure of Account Information and Transfers
- You understand information about your accounts
or the transfers you make may automatically be
disclosed to others. We will disclose
information to third parties about your account
or the transfers you make: 1. Where it is
necessary for completing transfers, or 2. In
order to verify the existence and condition of
your account for a third party, such as a credit
bureau or merchant, or 3. In order to comply
with government agency or court order, or 4. If
you give us your written permission. We may also
seek information about you from others, such as
the credit bureau, in connection with the
opening or maintaining of your account or in
connection with approving your access to the
Internet Banking System. You agree and hereby
authorize all of these transfers of information
and have no expectations of privacy with respect
to your use of the Internet Banking System.
Periodic Statements - You will not
receive a separate Internet Banking statement.
Transfers to and from your accounts using the
Internet Banking System will appear on the
respective periodic paper statements for your
BANK accounts.
Change in Terms - We may change any
term of this Agreement at any time. If the
change would result in increased fees for any
Internet Banking System service, increased
liability for you, fewer types of available
electronic fund transfers or stricter
limitations on the frequency or dollar amount of
transfers, we agree to give you notice at least
21 days before the effective date of any such
change, unless an immediate change is necessary
to maintain the security of an account or our
electronic fund transfer system. We will post
any required notice of the change in terms on
The Internet Banking System website or forward
it to you by email or by postal mail. If advance
notice of the change is not required, and
disclosure does not jeopardize the security of
the account or our electronic fund transfer
system, you will not be notified of the change
in terms. Your continued use of any or all of
the subject Internet Banking System indicates
your acceptance of the change in terms. We
reserve the right to waive, reduce or reverse
charges or fees in individual situations. You
acknowledge and agree that changes to fees
applicable to specific accounts are governed by
the applicable deposit agreements and
disclosures.
In Case of Errors or Questions about Your
Electronic Transfers - Contact us as soon as you
can if you think your paper statement is wrong,
or if you need more information about a transfer
listed on your paper statement. We must hear
from you no later than 60 days after we sent the
FIRST paper statement upon which the problem or
error appeared. When you contact us: (1) Tell us
your name and account number; (2) Describe the
error or 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;
and (3) Tell us the dollar amount of the
suspected error. If you contact us by telephone
or by email, we may require that you send us
your complaint or question in the form of paper
writing by postal mail or fax within 10 business
days. We will communicate the results of our
investigation to you within 10 business days
after you contact us, and will correct any error
promptly. If we need more time, however, we may
take up to 45 days to investigate your complaint
or question. If we decide to do this, we will
provisionally credit your account within 10
business days for the amount you think is in
error, so that you will have the use of the
money during the time it takes us to complete
our investigation. If we ask you to put your
complaint or question in writing and we do not
receive it in the form of paper written within
10 business days, we may not provisionally
credit your account. If we decide that there was
no error, we will send you a written explanation
within 3 business days after completion of our
investigation. You may ask for copies of the
documents that we used in our investigation. If
we have made a provisional credit, a
corresponding debit will be made from your
account.
Our Liability for Failure to Make a Transfer -
If we do not complete a transfer to or from your
account, on time or in the correct amount,
according to our agreement with you when you
have properly instructed us to do so, we will be
liable to you for your losses or damages caused
as a result but only to the extent of the amount
of the payment or transfer. However, there are
some exceptions: We will NOT be liable for (1)
If, through no fault of ours, you do not have
enough money in your account to make a transfer;
(2) If a legal order directs us to prohibit
withdrawals from the account; (3) If your
account is closed, or if it has been frozen; (4)
If the transfer would cause your balance to go
over the credit limit of an established line of
credit or the credit limit for any credit
arrangement set up to cover overdrafts; (5) If
you, or anyone authorized by you, commits any
fraud or violates any law or regulation; (6) If
any electronic terminal, telecommunication
device, or any part of The Internet Banking
System electronic fund transfer system is not
working properly and you knew about the problem
when you started the transfer; (7) If you have
not properly followed the on-screen instructions
for using the Internet Banking System or (8) If
circumstances beyond our control (such as fire,
flood, interruption in telephone service or
other communication lines) prevent the transfer,
despite reasonable precautions that we have
taken.
Your Liability for Unauthorized Transfers
-
CONTACT US AT ONCE if you believe
your password has been lost, stolen, used
without your authorization, or otherwise
compromised, or if someone has transferred or
may transfer money from your accounts without
your permission. An immediate telephone call to
us is the best way to reduce any possible
losses. You could lose all the money in your
accounts (plus your maximum overdraft line of
credit, if any). If you contact us within 2
business days after you learn of the loss,
theft, compromise, or unauthorized use of you
password, you can lose no more than $50 if
someone used your password without your
permission. If you do NOT contact us within 2
business days after you learn of the loss,
theft, compromise, or unauthorized use of your
password, and we can prove we could have stopped
someone from using your password to access your
accounts without your permission if you had told
us, you could lose as much as $500. Also, if
your paper statement shows transfers that you
did not make, contact us at once. If you do not
tell us within 60 days after the paper statement
was mailed to you, you may not get back any
money you lost through transactions made after
the 60 day time period if we can prove that we
could have stopped someone from taking the money
if you had told us in time.
LIMITATION OF LIABILITY: INDEMNIFICATION;
ARBITRATION –
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY
CONTAINED IN THIS AGREEMENT, WE SHALL BE
RESPONSIBLE ONLY FOR PERFORMING THE SERVICES AS
EXPRESSLY PROVIDED FOR IN THESE TERMS AND
CONDITION.
WE SHALL BE LIABLE ONLY FOR LOSSES WHICH ARE THE
DIRECT RESULT OF OUR OWN NEGLIGENCE OR
INTERNATIONAL MISCONDUCT IN PERFORMING THESE
SERVICES, WE SHALL HAVE NO LIABILITY FOR FAILURE
TO PERFORM ANY SERVICES OR FOR ANY DISRUPTION OR
DELAY IN PERFORMING SERVICES IN THE EVENT SUCH
FAILURE, DISRUPTION OR DELAY IS DUE TO
CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL,
INCLUDING BUT NOT LIMITED TO , FAILURE OR
DISRUPTION OF ELECTRIC POWER, COMPUTER
EQUIPMENT, TELECOMMUNICATION SYSTEMS, YOUR
INTEREST SERVICE PROVIDER, OR WEATHER
CONDITIONS. WE SHALL HAVE NO LIABILITY FOR ANY
CONSEQUENTIAL, SPECIAL PUNITIVE DAMAGES, OR
INDIRECT LOSS UNDER ANY CIRCUMSTANCES.
UNLESS OTHERWISE REQUIRED BY LAW OR SPECIFICALLY
PROVIDED FOR IN THIS AGREEMENT, YOU AGREE THAT
NEITHER WE NOR THE SERVICE PROVIDERS SHALL BE
RESPONSIBLE FOR ANY HARM, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, AND ECONOMIC DAMAGES, RESULTING
IN ANY WAY FROM THE INSTALLATION, OPERATION OR
MAINTENANCE OF OUR EQUIPMENT OR SOFTWARE, OR
INTERNET BROWSER OR ACCESS SOFTWARE. NOR SHALL
WE OR THE SERVICE PROVIDERS BE RESPONSIBLE FOR
ANY LOSS, PROPERTY DAMAGE, OR BODILY HARM,
WHETHER CAUSED BY Unity National Bank, ITS
EQUIPMENT OR SOFTWARE, OR BY INTERNET ACCESS OR
BROWSER PROVIDERS, OR BY ON-LINE SERVICE
PROVIDERS, OR ANY AGENT OR SUBCONTRACTOR OF ANY
OF THE AFOREMENTIONED PARTIES.
EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER
THESE TERMS AND CONDITIONS, YOU AGREE TO
INDEMNIFY AND HOLD US AND OUR DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM
ALL CLAIMS, DEMANDS, JUDGMENTS, AND EXPENSES
(INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE
PERFORMANCE OF THESE SERVICES. YOU AGREE THAT
THIS INDEMNIFICATION SHALL SURVIVE THE
TERMINATION OF THESE TERMS AND CONDITIONS.
DISPUTES BETWEEN YOU AND Unity National Bank
UNDER THIS INTERNET ACCESS AGREEMENT AND THAT
RELATE TO ANY OF YOUR UNITY NATIONAL BANK
ACCOUNTS ARE SUBJECT TO THE ARBITRATION
PROCEEDINGS DESCRIBED IN THE RULES AND
REGULATIONS GOVERNING ACCOUNTS.
Virus Protection – Unity National Bank
is not responsible for any electronic virus or
viruses that you may encounter. We encourage our
customers to routinely scan their personal
computers and diskettes using a reliable virus
detection product to detect and remove any
viruses. Undetected or unprepared viruses may
corrupt and destroy your programs, files and
even your hardware. Additionally, you may
unintentionally transmit the virus to other
computers.
Your Right to Terminate - You may
cancel your use of the Internet Banking System
at any time by providing us with written notice
by postal mail or fax. Your access to the
Internet Banking System will be suspended within
3 business days of our receipt of your
instructions to cancel the service. You will
remain responsible for all outstanding fees and
charges incurred prior to the date of
cancellation.
Our Right to Terminate - You agree that
we can terminate or limit your access to the
Internet Banking System for any of the following
reasons: (1) Without prior notice, if you have
insufficient funds in any one of your BANK
accounts; Internet Banking System may be
reinstated, in our sole discretion, once
sufficient funds are available to cover any
fees, pending transfers and debits; (2) Upon 3
business days notice, if you do not contact us
to designate a new primary checking account
immediately after you close your primary
checking account and (3) Upon reasonable notice,
for any other reason in our sole discretion.
Communications between Unity National Bank and
You - Unless this Agreement provides
otherwise, you can communicate with us in any
one of the following ways: (1) Email –You can
contact us by email at
info@unitybanktexas.com
(please note that banking transactions through
the Internet Banking System are not made via
email and may not be answered as promptly as by
contacting us directly through e-mail, phone or
directly at a branch; (2) Telephone - You can
contact us by telephone at (713) 387-7400; (3)
Postal Mail - You can write to us at: Unity
National Bank P.O. Box 8277, Houston, TX.
77288-8277; and (4) In Person - You may visit us
in person: 2602 Blodgett Houston, Texas or
1661 Texas Parkway Missouri City, Texas.
Consent to Electronic Delivery of Notices
- You agree that any notice or other type of
communication provided to you pursuant to the
terms of this Agreement, and any future
disclosures required by law, including
electronic fund transfer disclosures, may be
made electronically by posting the notice on the
Internet Banking System website or by email. You
agree to notify us immediately of any change in
your email address.
BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, YOU
ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF
THE "ONLINE ACCESS AGREEMENT AND ELECTRONIC FUND
TRANSFER ACT DISCLOSURE”.
