Policies and Disclosures
Online Banking Disclosure
Online Banking, Mobile Banking and Bill Payment Agreement
PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN ONLINE, MOBILE, OR BILL PAY SERVICES OR INITIATING ANY TRANSACTIONS.
1. Scope of this Agreement
This Agreement between you and Happy State Bank governs your use of our Happy Bank Online Banking, Mobile Banking and Bill Payment services (collectively, the “Service”). The Service permits our customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer, mobile device, tablet, and the Internet.
2. Accepting the Agreement
After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to accept the terms and conditions of this Agreement. When you accept these terms and conditions, you represent and warrant that you are an Authorized User acting with full authority, and that you are duly authorized to execute this Agreement.
Agreement – means these terms and conditions of Happy Bank Online Banking, Mobile Banking and Bill Payment services.
Authorized User – means any individual, agent, or sub-user whom you allow to use the Service or your passcode or other means to access your Eligible Account(s).
Bill Payment Service Provider – means the contractor, sub-contractor, or provider of our Bill Payment and Delivery services.
Biller – means the person or entity to which you wish a Bill Payment to be paid or is the person or entity from which you receive electronic bills, as the case may be.
Billing Account – means the checking account from which all Service fees will be automatically debited.
Business Day – means every Monday through Friday, excluding Federal Reserve holidays.
Business Customer – means anyone other than a Consumer who owns an Eligible Account with respect to which the Service is requested primarily for business purposes.
Business Day Cutoff – means the cut-off time for posting purposes. For posting purposes, we will process all transactions completed by 6:00 P.M. Central Time on the same Business Day. Transactions completed after 6:00 P.M. Central Time will be processed on the following Business Day. Bill Payment cut-off and scheduling times differ and are further detailed in this Agreement.
Consumer – means a natural person who owns an Eligible Account with respect to which the Service is used primarily for personal, family, or household purposes.
Due Date – means the date on your Biller statement for which the Bill Payment is due without reference to any grace period.
Eligible Accounts – means any one of your account(s) to which we may allow access through the Service under this Agreement. Only a checking account may be eligible for Bill Payment privileges. We may make additional accounts available for Bill Payment services from time-to-time as allowed by law or our Bill Payment Service Provider.
Mobile Banking Services – means the Online Banking Service that allows you to perform certain of the Online Banking Services via your Mobile Device.
Mobile Device – means a mobile telephone or other mobile device capable of sending and receiving SMS text messages and/or accessing the Internet via a web browser.
Payment Account – means the checking account from which Bill Payments will be debited. You must be a legal owner of any Payment Account registered for the Service.
Payment Instruction – means the information provided by you to the Service for a Bill Payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
Scheduled Payment – means a Bill Payment that has been scheduled through the Service but has not begun processing.
Scheduled Payment Date – means the day you want your Biller to receive your Bill Payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
Service – means the Happy Bank Online Banking, Mobile Banking, and Bill Payment services offered by us through our Service Providers.
Service Provider – includes any agent, licensor, independent contractor or subcontractor that we may involve in the provision of the Service.
you and your – means the person enrolling in the Service, owner of the Eligible Accounts, as well as any Authorized Users that such person allows, subject to the parameters of multiple user access as set forth within the Service.
we, us, or our – means Happy State Bank, its subsidiaries and affiliates, and any agent, independent contractor, service provider, sub-contractor, licensor, designee, or assignee that Happy State Bank may involve in the provision of the Service.
4. Basic Online Banking Services
The basic services currently available through the Service include:
- Up to 18 months of complete Internet transactional detail and history;
- Account inquiries for balances, rates, etc.;
- Copies of monthly account statements;
- Transfers between your accounts at Happy State Bank;
- Secure e-mails via the Service’s messaging system;
- View loan balances;
- Payments to loans at Happy State Bank;
- Online check reorders;
- Stop payments on checks that you have written;
- Transaction downloads into Quicken®
- Optional Mobile Banking Services, Bill Payment Services, and alerts that we may make available from time-to-time.
We may add or remove certain features and/or functionality available from time to time. You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.
5. Stop Payment Service
The stop payment service is only for stopping payments on checks that you have written or for stopping pre-authorized electronic drafts that are deducted from your account. This service is accessible in the “User Services” menu of the Online Banking Service and provides a means to securely forward your stop payment requests to us for processing.
Stop payment requests received through the Service will generally be processed within one (1) to two (2) Business Days. Therefore, if your request is urgent, we recommend that you contact our Customer Service department directly via telephone or in person.
The stop payment service should NOT be used to cancel transfers and Bill Payments.
There is typically a stop payment fee associated with this feature. Please refer to our fee schedule for additional information or contact our Customer Service department at 806-358-5100. Additional terms of acceptance or disclosures may apply on the stop payment service and these disclosures will be made at the time you complete the request.
6. Optional Online Banking Services
(A) Mobile Banking Services via Mobile Devices and SMS Text Messaging
This section of the Agreement governs my election to use the optional Mobile Banking Services that are offered by you as part of Online Banking Services. While the Mobile Banking Services are currently offered at no charge by you, I understand that if I decide to activate the Mobile Banking Services, I am responsible for meeting all Mobile Device system requirements set forth in Section 8 below, and for all associated costs and expenses, including, without limitation, all fees I incur for data transfers and as a result of sending and receiving text messages through my Mobile Device service. In addition, I understand that transactions I conduct via Mobile Banking Services may also be subject to (a) applicable imposed fees (as set forth in other agreements I have with you), and (b) fees imposed by third parties with whom I have entered into other agreements. I understand that you reserve the right to assess fees or otherwise charge for Mobile Banking Services in the future
I understand and acknowledge that the Mobile Banking Services allows me to conduct certain Online Banking Services via my Mobile Device. You, in your sole discretion, shall determine which Online Banking Services shall be included in the Mobile Banking Services. I understand that to obtain further details regarding the scope of available optional Mobile Banking Services, I must visit www.happybank.com and access the information regarding Mobile Banking Services. From time to time, you may develop additional Mobile Banking Services, and I understand that I will have the opportunity to subscribe to them, provided that I have the necessary Mobile Device and related hardware and software.
By deciding to enroll in the optional Mobile Banking Services, I understand that I am providing my express consent to you to permit you to contact me for account alerts, servicing, marketing and fraud prevention purposes, and any other purposes as provided in this Agreement or under any other of your applicable agreements, including the your Customer Privacy Statement. I understand that by selecting the optional Mobile Banking Services, I am agreeing that you may transmit email communications that I access via the web browser on my specified Mobile Device and/or SMS text messages directly to my specified Mobile Device that contain certain information and alerts about the accounts I select. SMS text messages may be sent in response to SMS text messages you receive from my specified Mobile Device or, in some cases, upon the occurrence of a pre-defined condition related to my account (for example, a low balance, overdraft or receipt of deposit). I also agree and acknowledge that account alerts sent via e-mail communications accessed via the web browser on Mobile Device and/or via SMS text messages will be sent to any and all signors on the account who have registered for the Mobile Banking Service, provided they have given you a valid telephone number for a Mobile Device, and have subscribed to the applicable alert. I understand that I am solely responsible for all costs assessed by my Mobile Device service provider for receiving SMS messages or other data on my Mobile Device.
All communications and text messages transmitted to you using the Mobile Banking Services are not confidential and are deemed to be your property. You may provide me information, offers, advertisements, links or other materials maintained or offered by third parties in accordance with the terms of this Agreement, applicable law, and you Customer Privacy Statement. You will not provide offers, advertisements, or other marketing content through text messages or auto-dialed or prerecorded telephone calls unless I complete a separate consent form authorizing such messages. You do not control or endorse in any respect any information, products or services maintained or offered by such third parties. I understand that my use of third party content or the purchase of third party products or services is at my own risk. I also acknowledge that the privacy policies of other third party businesses providing any information, services or products in relation to or through the Mobile Banking Services may be different than those of the Bank and I should review those policies before engaging in a transaction or providing any personally identifiable information to such business.
As part of my registration for the Mobile Banking Services, I understand that I must certify that I am a customer of the Bank, and I agree to provide a valid U.S. telephone number, including the area code, for my Mobile Device that will be used for the Mobile Banking Services.
I understand that it is my responsibility to provide, true, accurate, current and complete information about myself when registering for the Mobile Banking Services and to maintain and promptly update the registration data to keep it true, accurate, current and complete. Without limiting the foregoing, I understand it is my responsibility to update my telephone number if and when it changes in order to ensure proper delivery of Mobile Banking Services, including SMS text messages. If I change my telephone number for any reason, I will notify you immediately to ensure that my Mobile Banking Services and your communications are not interrupted or inadvertently delivered to another recipient who may be assigned my prior telephone number. I may change my phone number by following the steps outlined on the Happy Bank Online Services site.
The Mobile Banking Services includes the SMS text message feature which allows me to conduct certain Online Banking Services using only the SMS text message feature on my Mobile Device. I understand that I will need a SMS text message enabled Mobile Device to use the SMS text message feature. I also understand that I do not need Internet access on my Mobile Device to use the SMS text messaging feature.
B) Bill Payment Services
Bill Payment services are optional. You can request Bill Payment privileges in the online enrollment process and/or you can add Bill Payment services at a later time by contacting us or sending us a secure message through the Happy Bank Online Service. Bill Payment customers also have access to electronic Bill Presentment or Bill Delivery.
The ability to schedule a payment to be delivered the same day is available. An additional fee may be assessed when requesting same day payment.
The ability to schedule a payment to be delivered overnight via UPS is available. An additional fee may be assessed when requesting overnight payments. Overnight payments will not be allowed to any P.O. Box, International or Military addresses as well as Hawaii or Alaska. The cut-off time for submitting overnight payments is 2:00 p.m. EST.
(C) Commercial Online Banking Services
Additional online features are currently available for Business Customers. These features may be subject to additional terms and conditions.
- ACH Credit and Debit Origination
- Wire Transfer Requests
- Direct Deposit Originations
- EFTPS (Electronic Federal Tax Payment System)
- NACHA File Imports
- Balance Reporting
- Sub-User Administration
We may add or remove certain features and/or functionality from time-to-time. Business Customers interested in these services should contact our Customer Service department for additional information.
7. Charges and Fees
There is no service charge for accessing my accounts (view balances and account transfers) with Online Banking Services.
Please visit or call a Happy branch for a current fee schedule.
For Business Customers, additional charges may apply for services such as: ACH Origination, EFTPS, Wire Transfers, or NACHA File Imports. These fees may vary and are subject to separate agreements.
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply.
You are responsible for any and all mobile access fees and/or Internet service fees that may be assessed by your wireless carrier and/or Internet service provider.
8. Requirements for Enrolling in the Service
Prior to enrolling in the Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement.
In order to enroll in the Service you must meet the following requirements for Online Banking or Mobile Banking:
9. Equipment Requirements
- Up-to-date Device or Devices (e.g. computer, smartphone, mobile device, tablet, etc.) suitable for connecting to the Internet or for downloading our mobile applications or accessing our mobile websites;
- Local, electronic storage capacity to retain our communications and/or a printer to print them;
- Valid e-mail account
Online Banking System Requirements:
I understand that to use Online Banking Services online via a personal computer, I must first obtain access to the Internet with compatible hardware, software and web browser. The Bank requires that I use a web browser that supports adequate security measures including SSL/TLS encryption technology, or additional security measures as the Bank may require. The Bank also requires that I have an updated version of Adobe Acrobat Reader to access pdf documents. Obtaining and maintaining adequate Internet access is my responsibility, and I am solely responsible for all Internet Service Provider (“ISP”) fees and costs. I understand that you are not responsible for any computer virus or related problems that may be associated with my use of the Internet in general or my use of Online Banking Services via the Internet.
10. Online Mobile Banking System Requirements
I understand that if I choose to activate the optional Mobile Banking Services, in order to use the Mobile Banking Services, I must have a Mobile Device with SMS text message functionality and/or ability to access the Internet via a web browser, as well as any other compatible wireless hardware and software necessary to operate such Mobile Device. I understand that I also must have a Mobile Device wireless service plan with a suitable Mobile Device service provider of my choice. I understand that my Mobile Device service (including Mobile Device Internet connection) is not part of the Online Banking Services or the optional Mobile Banking Services. I understand that I am responsible for acquiring, maintaining and operating my Mobile Device and its related hardware and software and for all associated costs and expenses, including, without limitation, all fees I incur for data transfers and as a result of sending and receiving SMS text messages through my Mobile Device service. I assume full responsibility for ensuring these requirements are met should any changes be made to my existing Mobile Device and/or the associated service plan. I understand that the Bank is not responsible for any errors or failures or my Mobile Device or its software and is not responsible for any viruses or related problems that may be associated with my use of the Online Banking Services via the Mobile Banking Services.
If we revise hardware and software requirements, and if there’s a material chance that the changes may impact your ability to access the Service, we will give you advance notice of these changes and provide you an opportunity to cancel the Service and/or change your method of receiving electronic disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.
11. Enrollment Process
You must complete the enrollment process to use the Service. You can enroll for the Service on the Internet or you can enroll in any of our branch locations.
The Online Banking enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your Access ID and Passcode during the enrollment process.
When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Online Banking Department will verify the information you submit for accuracy and proper authorizations. Business Customers interested in the commercial features of the Service should contact our Customer Service department directly 806-358-5100 or 800-447-2265 or you may send us a secure message through the Service.
12. Linked Accounts
When you first enroll for the Online Banking Service we will link all of your designated Eligible Accounts to one Access ID. If you want to limit the accounts linked or the privileges assigned to an account, please contact our Customer Service department at 806-358-5100 or 800-447-2265 or send us a secure email message through the Service.
13. Signature Requirements
When any transfer, ACH, or other payment instruction is initiated through the Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you. Requirements for dual signatures on checks, if applicable, do NOT apply to Bill Payments or other transfers initiated through the Service. Any Authorized User must be authorized individually to make electronic transfers and online Bill Payments even though that person’s authority to make transfers by other means may still require dual signatures.
14. Account Balances
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time to be effective the same Business Day.
The balances within the Service are updated periodically and the Service will display the most current “as of” date on the “accounts” summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
15. Canceling or Changing Transfers
You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us through the Service; however, you can edit or change a transfer that is still “pending”. For Business Customers, the term “transfers” also includes ACH and wire transactions.
In order to cancel or change a pending transfer that has not been submitted to us for processing, use the following procedures:
- Log in and make edits to the appropriate transaction.
- Edits must be made before 6:00 P.M. Central Time for transactions to be processed the same Business Day
- You may edit a pre-scheduled (future dated/automatic) transaction any time before 6:00 P.M. Central Time on the Business Day before the scheduled transfer or payment date.
- For transfers, you can change the transfer amount to $0.00, or
- If you accidentally transfer funds, you can schedule another transfer to move funds to back to the original account.
For Business Customers, additional guidance on creating, canceling, editing ACH and wire transactions is available within the Service. Business Customers may edit, delete, or cancel wire transfers or ACH transactions prior to the effective date. After cut-off time, if changes are necessary, please contact our Customer Service department immediately. Separate agreements may detail the required time-frames for submitting and making changes to these types of transactions.
For assistance, you can send us a secure e-mail through the Service or contact our Customer Service department.
If you need our assistance on making edits to automatic/future dated transfers; you can send us a secure email through the Service; however, we must receive your request three (3) Business Days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after the call.
16. Bill Payment and Transfer Limitations
You may use the Service to check the balance of your Eligible Account(s) and to transfer funds among your Eligible Accounts. You must have sufficient funds in your account to cover the amount of any online transfers and Bill Payments on the scheduled payment date set for the transaction, or the transaction may not be processed. NSF and/or overdraft charges may be incurred if Bill Payments exceed your account balance.
Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized electronic transfers, which include computer initiated transfers, telephone transfers, checks, and point-of-sale transactions during a given monthly statement period. Transfers and Bill Payments authorized by personal computer or a mobile device through the Service are counted toward the six permitted monthly transfers. Bill Payments are considered third party transfers and are limited to three (3) transactions. Federal regulations currently place no limits on the number of transfers or Bill Payments from Checking Accounts, therefore we currently limit the Bill Payment Service to only Checking Accounts.
17. Bill Payment Terms and Conditions
(A) Bill Payment Scheduling
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the Service when you are scheduling the Bill Payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller.
When scheduling Bill Payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
(B) The Bill Payment Service Guarantee
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. Except as expressly stated otherwise within this Agreement, the Bank and/or its Service Providers will bear the responsibility for any late payment related charges up to $50.00 should a Bill Payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Bill Payment Scheduling” in this Agreement.
(C) Payment Authorization and Payment Remittance
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize us to follow the Payment Instructions received through the Service. In order to process payments more efficiently and effectively, our Service Provider may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a payment instruction, you authorize our Bill Payment Service Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize our Service Provider to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another Authorized User of the Service.
(D) Payment Methods
Our Bill Payment Service Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, or an electronic to check payment.
(E) Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (if processing has not begun) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a Scheduled Payment it cannot be cancelled or edited, therefore a stop payment request must be submitted, as described within this Agreement.
(F) Bill Payment Stop Payment Requests
The ability of us and our Service Providers to process a stop payment on a Bill Payment request will depend on the payment method and whether or not a check has cleared. We may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any Bill Payment that has already been processed, you must contact our Customer Service department.
Although we will make every effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your stop payment request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set forth in our applicable fee schedule.
(G) Returned Payments
In using the Service, you understand that Billers and/or the United States Postal Service may return Bill Payments to our Service Provider for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. Our Service Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service of returned payments.
(H) Bill Payment Information Authorization
Requests for Bill Payment privileges may not be fulfilled if the Bank and/or its Service Provider(s) cannot verify your identity and withdrawal authority over the specified accounts. Through your enrollment in the Bill Payment Service; you agree that the Bank and its Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that the Bank and its Service Providers reserve the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
(I) Prohibited Payments
Payments to Billers outside of the United States or its territories are prohibited through the Service.
(J) Exception Payments
Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and are scheduled at your own risk. In no event shall the Bank or its Service Provider(s) be liable for any claims or damages resulting from the account owner’s scheduling of these types of payments. The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, erroneously posted or misdirected exception payments will be your sole responsibility.
(K) Biller Limitation
We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
(L) Failed Transactions
In using the Service, you are requesting us to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:
- You will reimburse our Service Provider immediately upon demand the transaction amount that has been returned;
- You will reimburse our Service Provider for any fees, it may incur in attempting to collect the amount of the return from you; and
- Our Service Provider is authorized to report the facts concerning the return to any credit- reporting agency.
18. Bill Delivery and Presentment
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Payment Service’s electronic bill options, you also agree to the following:
(A) Information Provided to the Biller
We are unable to update or change your personal or business information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by you; contact the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s or company’s bill.
Our Service Provider may, at the request of the Biller, provide to the Biller your e-mail address, Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Upon activation of the electronic bill feature, our Service Provider may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Our Bill Payment Service Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, our Service Provider may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
(D) Cancellation of Electronic Bill Notification
The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. Our Bill Payment Service Provider will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
(E) Non-Delivery of Electronic Bill(s)
You agree to hold harmless, us and our Service Providers should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
(F) Accuracy and Dispute of Electronic Bill
Neither us, nor our Service Providers are responsible for the accuracy of your electronic bill(s). We and our Service Providers are only responsible for presenting the information received from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service.
(A) Disclosure of Account Information to Third Parties
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
- When it is necessary for completing transactions;
- When it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
- In order to comply with a governmental agency or court orders; or
- You give us your written permission.
Please refer to our privacy notice for additional detail on disclosure of account information.
20. Internet Security
The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Service, our Customer Service Department will verify your identity and authorization against information associated with the Eligible Account (s) that you request to be linked to the Service.
Access IDs and Passcodes – One of the main security features protecting the Service is the unique combination of your Access Identification Code (Access ID) and Passcode. During the enrollment process, you will be asked to select a unique Access ID, and then choose a Passcode that will be used to gain access to the Service. You determine your own Passcode, which is encrypted in our database. Neither us nor our Service Providers have access to this information. The Service will automatically deactivate your account after three unsuccessful login attempts within a 24-hour time frame. You may reset your passcode online or you may contact our Customer Service department for assistance.
Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data.
- You should carefully select a Passcode that is hard to guess.
- You should not use words based on your name, address or other personal information.
- Special characters may be used to increase security.
- Do NOT use dictionary words. The “Help” link within the Service will offer tips on choosing a secure Passcode that you can remember.
- Keep your Passcode safe.
- Memorize your Passcode and do NOT write it down.
- You should also change your Passcode occasionally, such as every 90 days.
- A Passcode should be changed immediately if you suspect that your Passcode has been compromised. This can be done at any time from the “User Services” menu after you log on to the Service.
NEITHER WE NOR OUR SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR ACCESS ID, OR YOUR PASSCODE. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT IMMEDIATELY.
Encryption – The Service uses the Secure Socket Layer (SSL/TLS) encryption technology for everything you do while using Internet banking. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.
Whenever SSL/TLS is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock 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.
Certificate Authority – The servers hosting the Service have been certified by a Certificate Authority to assure you that you are actually talking to the Service instead of someone pretending to be us. If you are using an older browser, you will see that the Certificate Authorities key may have expired; you will need to update your browser. Within the browser, you can view the certificate to ensure it is valid.
Cookies – During your use of the Service, our Service Provider will pass an encrypted cookie to your computer in order to identify your computer during the session. This cookie enables us to process multiple transactions during the session without having to provide an Access ID and Passcode for each individual transaction. Users must accept this cookie to use the Service. This cookie does not contain any personal information; it simply provides another level of security for our Internet banking product. The cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. When you log off, close your browser, or turn off your machine, the cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account.
Additional Security Guidelines:
- All Authorized Users should sign-off after every Service session; however, online sessions will automatically end after ten (10) minutes of inactivity. This to protect you in case you accidentally leave your computer unattended after you log-in.
- The security of public computers (e.g. in a library, or Internet café) cannot be assured; therefore we recommend that you refrain from accessing the Service on a public computer.
- Routinely scan your computer, servers, and electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or spyware may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit sensitive data to another third party or transmit a virus to other computers.
- Use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
- Keep your computer’s operating system and browser fully patched for critical security issues. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Service.
21. Your Passcode Responsibilities
When you accept the terms and conditions of this Agreement, you agree not to give or make available your passcode or other means to access your account to any unauthorized individuals. You are responsible for all transfers and Bill Payments you authorize using the Service. If you permit other persons to use the Service, your passcode, or other means to access your account, you are responsible for any transactions they authorize.
If you believe that your passcode or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling 806-358-5100 or 800-447-2265 during customer service hours. You can also contact our Customer Service department. by sending a secure message through the Service.
IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR PASSCODE TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSCODE TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AN EMPLOYEE, AND/OR AN AGGREGATION SERVICE PROVIDER).
If the Eligible Accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access ID and Passcode are authorized unless we have been notified to cancel the Service. If joint account holders use individual Access IDs, the Service may be identified separately and you will not be charged for the use of additional Access IDs. In some cases, if your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the Service.
In addition to the security features described above, there may be other security related notices posted on our website or the Service from time-to-time. It is your responsibility to read all security notices.
22. Our Liability for Failure to Complete Transactions
If we do not complete a transfer on time, or in the correct amount according to the Account owner’s instructions, we may be liable for losses and/or damages up to the amount of the transfer.
We will use commercially reasonable efforts to make all your transfers and Bill Payments properly in a reasonable period. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
- The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller;
- Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
- If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
- It can be shown that the Biller received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
- The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
- We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
- Circumstances beyond control of the Service, our Service Providers, and the Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Biller, which does not comply with your Payment Instructions, the Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
23. Documentation and Verification of Payments and Transfers
Information regarding Online Banking and Bill Payment transactions will be reflected on the account detail in the Service and in your regular monthly account statement(s).
24. Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts
(A) Errors and Questions
In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:
- Telephone us at 806-358-5100 or 800-447-2265 during customer service hours;
- Contact our Customer Service department by using the secure messaging feature within the Service; or
- Write to us at Happy State Bank Customer Service Department, 701 S. Taylor, Suite LB 120, Amarillo, TX 79101.
If you think your statement is incorrect or you need more information about an electronic transfer or Bill Payment transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
- Tell us your name, relevant Service account number(s), and Access ID;
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.
For errors regarding electronic transactions on new consumer accounts, we may take up to ninety (90) days to investigate your complaint or question. We may take up to twenty (20) Business Days to credit a new account for the amount you think is in error.
If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
(B) Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Access ID or Passcode has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable).
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period in our sole discretion.
25. Additional Provisions Applicable Only To Business Customers
(A) Protecting Your Account
The Service will allow Business Customers to establish individual Access IDs, passcodes, privileges for each Authorized User. Transaction history is maintained for each Access ID. Additional fees may be assessed for each Access ID.
BUSINESS CUSTOMER(S) WILL BE SOLELY RESPONSIBLE FOR DESIGNATING ITS AUTHORIZED USERS, ASSIGNING PRIVILEGES, AND DISCLOSING THE IDENTITY OF SAID USERS TO THIS INSTITUTION AND ALL CHANGES THEREOF IN WRITING. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S AUTHORIZED USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSFERS AND BILL PAYMENTS THROUGH THE SERVICE.
BUSINESS CUSTOMER(S) AUTHORIZE US AND OUR SERVICE PROVIDERS TO ACT UPON, AND YOU AGREE TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH YOUR ACCESS ID AND PASSCODE AND/OR THE ACCESS ID AND PASSCODE OF AN AUTHORIZED USER. FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THE BANK AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER.
BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE SERVICE OR COMPANY ACCOUNTS BY ITS AUTHORIZED USERS. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THE BANK AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OUR ACTING UPON ANY DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF AN AUTHORIZED USER.
YOU AGREE THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, INCLUDING EMAILS, TO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, WHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. YOU FURTHER AGREE THAT THE BANK AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. IN ADDITION, YOU AGREE TO:
- REQUIRE ALL AUTHORIZED USERS TO KEEP PASSCODES SECURE AND STRICTLY CONFIDENTIAL;
- IMMEDIATELY NOTIFY US AND SELECT A NEW PASSWORD IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSCODES MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON.
WE MAY DISABLE PASSCODES OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, IF WE SUSPECT PASSCODES ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER.
BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE PROCEDURES TO CONTROL ACCESS TO THEIR COMPUTER SYSTEMS AND TO PROTECT ANY DATA FILES STORED THEREON. BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ALL APPROPRIATE AND COMMERCIALLY REASONABLE, PHYSICAL, LOGICAL, AND NETWORK SECURITY SYSTEMS AND DEVICES TO PROTECT THE SECURITY OF DATA FILES MAINTAINED ON COMPUTER(S) USED TO ACCESS THE SERVICE AS WELL AS THE PROTECTION AGAINST UNAUTHORIZED ACCESS TO BUSINESS COMPUTERS, AND/OR NETWORKS USED TO ACCESS THE SERVICE. BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE SERVICE.
THE BANK AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, LIABILITY OR CONTROL, EITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS’ SELECTION OF SECURITY SYSTEMS OR DEVICES FOR THE PROTECTION OF ANY DATA FILES OR COMPUTERS USED TO ACCESS THE SERVICES OR OVER BUSINESS CUSTOMERS DEVELOPMENT OR IMPLEMENTATION OF SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES.
(B) Commercially Reasonable Security Procedures of the Service
WHEN YOU ACCEPT THIS AGREEMENT AND USE THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE INCLUDES SECURITY MEASURES WHICH ARE COMMERCIALLY REASONABLE. YOU AGREE TO BE BOUND BY OUR SECURITY PROCEDURES AND INSTRUCTIONS, WHICH MAY BE PERIODICALLY UPDATED. YOU AGREE TO REVIEW AND IMPLEMENT ALL SECURITY PROCEDURES AVAILABLE IN CONNECTION WITH THE SERVICE, INCLUDING PROCEDURES TO PROTECT THE CONFIDENTIALITY OF YOUR ACCESS ID AND PASSCODE AND THE SAME FOR YOUR AUTHORIZED USERS. YOU AGREE TO NOTIFY THIS FINANCIAL INSTITUTION IN THE EVENT THAT YOUR USE OF THE SERVICE WOULD NECESSITATE OR BE BETTER SERVED BY A LEVEL OF SECURITY THAT EXCEEDS THAT OFFERED BY THE SERVICE. IF YOU FAIL TO NOTIFY US, YOU ACKNOWLEDGE AND AGREE THAT THE SECURITY ASPECTS OF THE SERVICE ARE APPROPRIATE FOR YOUR NEEDS AND WILL PROVIDE YOU WITH A COMMERCIALLY REASONABLE DEGREE OF SECURITY AGAINST UNAUTHORIZED USE.
(C) Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
- Telephone us at 806-358-5100 or 800-447-2265 during customer service hours;
- Write us at: Happy State Bank Customer Service Department, 701 S. Taylor, Box LB 120, Amarillo, TX 79101.
(D) Your Liability for Unauthorized Transfers
You must notify us of errors, discrepancies, or possible unauthorized payments as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transfer or Bill Payment, we will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.
The Bank and its Service providers shall have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.
If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.
(E) Limitation of Our Liability
THE BANK AND ITS SERVICE PROVIDERS WILL BE DEEMED TO HAVE EXERCISED ALL DUE CARE AND TO HAVE ACTED REASONABLY IF WE ACT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND WILL BE LIABLE FOR LOSS SUSTAINED BY YOU ONLY TO THE EXTENT SUCH LOSS IS CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE BANK AND ITS SERVICE PROVIDERS WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE:
- RELATED TO THE DISHONESTY OF THE BUSINESS CUSTOMER’S EMPLOYEES, OFFICERS, AGENTS OR AUTHORIZED USERS;
- RESULTING FROM ANY RECEIVING FINANCIAL INSTITUTION’S FAILURE TO ACCEPT ANY PAYMENT OR FUNDS TRANSFER REQUEST;
- RESULTING FROM ANY DELAY IN THE PERFORMANCE OF THIS AGREEMENT, WHICH IS CAUSED BY AN ACT OF GOD, FIRE OR OTHER CASUALTY, ELECTRICAL OR COMPUTER FAILURE, DELAYS OR FAILURE TO ACT BY ANY CARRIER, MEDIUM OR AGENT OPERATING BETWEEN HAPPY STATE BANK AND THIRD PARTIES, OR ANY OTHER CONDITION OUTSIDE OF OUR CONTROL.
IF THE BANK AND/OR ITS SERVICE PROVIDERS FAIL OR DELAY IN MAKING A TRANSFER OR BILL PAYMENT PURSUANT TO YOUR INSTRUCTION, OR IF WE MAKE A TRANSFER OR PAYMENT IN AN ERRONEOUS AMOUNT WHICH IS LESS THAN THE AMOUNT PER YOUR INSTRUCTION, UNLESS OTHERWISE REQUIRED BY LAW OUR LIABILITY SHALL BE LIMITED TO INTEREST ON THE AMOUNT WHICH WE FAILED TO TIMELY PAY, CALCULATED FROM THE DATE ON WHICH THE PAYMENT WAS TO BE MADE UNTIL THE DATE IT WAS ACTUALLY MADE OR YOU CANCELED THE INSTRUCTION.
WE MAY PAY SUCH INTEREST EITHER TO YOU OR THE INTENDED RECIPIENT OF THE PAYMENT, BUT IN NO EVENT WILL WE BE LIABLE TO BOTH PARTIES, AND OUR PAYMENT TO EITHER PARTY WILL FULLY DISCHARGE ANY OBLIGATION TO THE OTHER. IF WE MAKE A PAYMENT IN AN ERRONEOUS AMOUNT WHICH EXCEEDS THE AMOUNT PER YOUR PAYMENT INSTRUCTION, OR IF WE PERMIT AN UNAUTHORIZED PAYMENT AFTER WE HAVE HAD A REASONABLE TIME TO ACT ON A NOTICE FROM YOU OF POSSIBLE UNAUTHORIZED USE AS DESCRIBED ABOVE, UNLESS OTHERWISE REQUIRED BY LAW, OUR LIABILITY WILL BE LIMITED TO A REFUND OF THE AMOUNT ERRONEOUSLY PAID, PLUS INTEREST THEREON FROM THE DATE OF THE PAYMENT TO THE DATE OF THE REFUND, BUT IN NO EVENT TO EXCEED SIXTY (60) DAYS INTEREST.
IF WE BECOME LIABLE TO YOU FOR INTEREST COMPENSATION UNDER THIS AGREEMENT OR APPLICABLE LAW, SUCH INTEREST SHALL BE CALCULATED BASED ON THE AVERAGE FEDERAL FUNDS RATE AT THE FEDERAL RESERVE BANK IN THE DISTRICT NEAREST TO THE BANK FOR EACH DAY INTEREST IS DUE, COMPUTED ON THE BASIS OF A THREE HUNDRED SIXTY (360) DAY YEAR.
NO THIRD PARTY WILL HAVE RIGHTS OR CLAIMS AGAINST US AND OUR SERVICE PROVIDERS UNDER THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
Business Customer(s) and its Authorized Users will defend, indemnify and hold harmless us and our Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by us through the Service, (ii) any breach of the provisions of this Agreement (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney’s fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.
26. Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates.
27. Electronic Disclosures
We may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include: monthly account statements, deposit account disclosures, notices regarding changes in account terms and fees, and privacy notices. The equipment necessary for accessing these types of disclosures electronically is described within this Agreement.
WITH YOUR ACCEPTANCE BELOW, YOU AGREE TO ACCEPT THIS AGREEMENT AND OTHER INTERNET BANKING RELATED DISCLOSURES IN AN ELECTRONIC FORMAT. YOU ALSO AGREE AND REPRESENT THAT YOU HAVE THE NECESSARY EQUIPMENT FOR ACCESSING THE SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.
You may change the method of delivery at any time (e.g., from electronic format to paper format) by contacting us at 806-358-5100 or 800-447-2265.
You can also “opt-out” of electronic only statements on the statements page within the Service.
In addition, you can request paper copies of documents through the Service free of charge. Additional fees for paper copies of account statements may be imposed depending on the type of account you have and/or the reason and frequency of your requests for paper copies.
You should print or save a copy of all disclosures delivered electronically.
If you enroll for the Service in one of our office locations, we will send you an e-mail and ask you to confirm your ability to access the Service and related its related online disclosures. We may ask you to confirm by sending us a secure message through the Service.
28. Address, E-mail, or Payment Account Changes
When you enroll in the Service, we may send you a “Welcome” e-mail. We will also send you e-mails and/or secure messages through the Service regarding important Service matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within the Service or by contacting our Customer Service Department at 806-358-5100 or 800-447-2265.
Any changes to your Eligible Account(s), Payment Account, or Billing Account should also be made in accordance with the procedures outlined above.
We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
29. Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, please contact our Customer Service Department or send us a secure email through the Service.
Any Bill Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Bill Payments, including automatic payments, will not be processed once the Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date.
We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Internet Banking or Bill Payment activity for a period of three (3) consecutive months accessibility may be terminated.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Customer Service Department 806-358-5100 or 800-447-2265.
30. Exclusions of Warranties and Limitation of Damages
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. NEITHER THE BANK NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE.
THE FOREGOING SHALL CONSTITUTE THE BANK’S AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
32. No Waiver
The Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
34. Disputes / Final Agreement
Notwithstanding any other provision in this Agreement, in the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the aggrieved party shall promptly give written notice of the dispute, claim, question, or disagreement to the other party. Within fifteen (15) calendar days of receipt of such notice, the parties shall initiate good faith efforts to settle the dispute, claim, question, or disagreement. They shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. The parties shall pursue a mutual agreement to settle the dispute prior to pursuing a remedy through judicial action. Neither party may terminate this Agreement or pursue other contractual, equitable, or legal remedies it may have against the other party prior to complying with this Section.
You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of the Bank and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
35. Waiver of Trial by Jury
EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING THIS AGREEMENT.
36. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by the Bank and/or is Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
37. Governing Law and Relation to Other Agreements
This Agreement shall be governed by and construed in accordance with applicable federal law and the laws of the State of Texas, without reference to provisions on conflict of law. The state and federal courts located in Randall County, Texas shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Accounts and Services provided by us may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.
Proceed with Enrollment for the Service.
You should print and/or save a copy of this Agreement for your records. To print, select the print button below or select the print function on your browser. To save a copy of this Agreement on your computer, select “File” and then “Save As” on your browser.
If you need help printing or saving this document, or if you have any questions about this Agreement, please contact Happy State Bank Customer Service Department by calling us at 806-358-5100 or 800-447-2265, writing us at Happy State Bank Customer Service Department, 701 S. Taylor, BOX LB 120, Amarillo, Texas 79101, or emailing us at email@example.com. You can obtain a paper copy of this Agreement at any time. Updates to this Agreement will be sent electronically as further described within this Agreement.