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Read this agreement carefully before following the link at the bottom of this page.

COMMERCIAL DIGITAL BANKING TERMS AND CONDITIONS

These Commercial Digital Banking Terms and Conditions set forth the terms and conditions under which you may utilize the online and mobile features of your account(s). Our Digital Banking is accessed through our Online Banking and Mobile Banking systems. By using any of our Online and Mobile Services, you agree to be bound by these Commercial Digital Banking Terms and Conditions. You should keep a copy of these Terms and Conditions for your records.

Digital Banking is available to Commercial customers via our website or a mobile application and provides an array of financial services, including:

  • Balance Inquiries
  • Transfer of funds between accounts
  • Stop payment orders/check re-orders/change of address
  • Access to various reports, including BAI (Bank Administration Institute)
  • Email/Secure Messaging
  • Mobile Banking with Mobile Check Deposit
  • Bill Pay
  • Loan Payments
  • ACH Origination (subject to an additional agreement)
  • Business Express Deposit (subject to an additional agreement)
  • Wires (subject to additional an additional agreement)
  • Additional services and features as they become available

By using Digital Banking, customers may access their account data online with up to ninety (90) days of transaction detail.

  1. Definitions. Capitalized terms used herein but not otherwise defined hereby shall have the meanings assigned to them by the Deposit Agreement.

“Bank”, “we”, “us” and “our” means First National Bank Texas, a national banking association, or First Convenience Bank, a division of First National Bank Texas, and any Agent, independent contractor, designee, or assignee we may involve or who may assist in providing services in connection with the Digital Banking feature of your account.

“Bill Payment Cut-Off Time” is 8:00 p.m. (CT) on each business day. Bill Payments scheduled for the current business day will be processed up to 8:00 p.m. (CT).

Bill Payments entered after 8:00 p.m. or on a non-business day will be processed on the next business day.

“Company”, “Customer”, “You” and “your” mean each person (individual, corporation, partnership, organization or other entity) in whose name the account is opened or added as an Owner or an Agent as evidenced by the Signature Card, all other authorized representatives of such persons, and any person who subscribes to or is authorized to use Digital Banking in connection with your account.

“Electronic Item” means the electronic image of each paper item (check) and other information captured from the paper item (check).

“MICR Line” is the information in the magnetic ink character recognition line of a paper item (check) that is used for routing and transmission of Electronic Items.

“Mobile Check Deposit Cut-Off Time” is 6:00pm (CT) Monday –Saturday (5:00pm (CT) on Federal holidays) and 4:00pm (CT) on Sunday. Electronic items

transmitted after our cut-off times will be processed the next day. Items will not be processed on days the bank is closed, such as Easter, Thanksgiving Day and Christmas Day.

“Transfer Cut-Off Time” is 9:00 p.m. (CT) on each calendar day, which includes holidays. Transfers scheduled for the current calendar day will be processed up to 9:00 p.m. (CT). Transfers scheduled after 9:00 p.m. will be processed on the next calendar day.

  1. Security-Related Matters for Online Services.
    1. Log-In Security; Usernames and Passwords.
      Security and proper Security Procedures are required to access the Digital Banking system. At the time you request the Digital Banking service, you will be sent a temporary username and password. At your first login you will be required to select a unique “username and password.” The password is case sensitive and must be between 6 and 32 characters. It must contain one (1) alpha, one (1) numeric character, and one (1) special character. Your password cannot contain any whitespaces or mirror your username.

      Because your password is used to access your accounts, you should treat it as you would any other confidential or private data. You should carefully select a password that is hard to guess. Keep your password safe. Memorize your password and never tell it to anyone. You should change your password periodically, such as every ninety (90) days. This can be done at any time after you log on from the “My Settings” menu. YOU SHALL INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, DEMANDS, LAWSUITS, LOSSES, COSTS, EXPENSES AND ATTORNEYS’ FEES WE SUFFER OR INCUR BECAUSE OF OR RESULTING FROM YOUR PERMITTING OTHER PERSONS TO USE YOUR USERNAME AND PASSWORD TO ACCESS THE DIGITAL BANKING SYSTEM.

      In addition to the security measures described above, there may be other security notices posted on our website or within our online and mobile systems regarding security issues. It is your responsibility to read all applicable notices. To help prevent unauthorized access and ensure the security of your accounts, we will end your Digital Banking session if we have detected no activity for ten (10) minutes. This is to protect you in case you accidentally leave your computer unattended after you log on. When you return to your computer, you will be prompted to re-enter your username and password.
       

    2. No Signature Requirements. When any payment or other service within Digital Banking generates items to be charged to your account, you agree that we are permitted to debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.
       
    3. Notice of Your Rights and Liabilities with Respect to Unauthorized Account Access. You must inform us AT ONCE if you believe or have reason to suspect that your mobile device, username or password have been compromised, lost, stolen or used without your authorization. Failure to notify us could result in you losing all the money in your account plus any other funds available to you through your account. Telephoning us at the number listed below in the Errors, Questions and Customer Support section is the best way of limiting your possible loss. Also, notify us AT ONCE if your statement shows transfers that you did not make or authorize.
       
    4. Your Liability For Unauthorized Transactions And Transfers. You will not have the benefit of any consumer law limiting liability with respect to unauthorized transactions or transfers. This means your liability for unauthorized transactions and transfers could be greater than the liability in a consumer transaction. You accept and agree to undertake the additional risk and greater measure of liability associated with the use of Digital Banking as described in this agreement. You agree that you are liable for transactions and transfers you do not authorize unless you can prove that we processed the transaction in bad faith or failed to act in accordance with commercially reasonable standards of the banking business. Reasonable care in the handling of items shall be measured by the standard of the reasonableness of the banking procedures established for the transaction involved. A mere inadvertence or an honest mistake of judgment will not constitute a failure to perform such obligations or a failure to exercise ordinary care, and in no case will be deemed wrongful.
       
    5. Cooperation. You must assist us in any investigation concerning unauthorized transaction or transfer claims. Assistance may include, but is not limited to, providing all necessary information and identification concerning the claim. You may be requested to file a report with the local law enforcement agency. Failure to file a report will not cause your claim to be denied in and of itself.
       
    6. Security Procedures Under the Agreement. Where required for any Service, the bank and the Company will agree in writing to one or more security procedures (“Security Procedures”) that must be used by the bank and the Company in connection with the Service(s). As part of the Security Procedures, the bank may employ various authentication technologies. By using Digital Banking, you acknowledge and agree that the bank will set forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures THE COMPANY UNDERSTANDS AND AGREES THAT IT WILL BE RESPONSIBLE FOR MAINTAINING SECURITY AND CONTROL OVER THE ADMINISTRATOR AND ALL ADDITIONAL AUTHORIZED USERS AS CONTROLLED BY THE ADMINISTRATOR. ALL USER IDS AND PASSWORDS OF THE COMPANY’S AUTHORIZED PARTIES, CONTACTS AND USERS, SHALL USE SECURITY FOR SUCH ITEMS COMPARABLE TO THE SECURITY AND CONTROL THE COMPANY WOULD USE FOR CASH OR A MECHANICAL CHECK- SIGNING MACHINE, BUT IN NO EVENT LESS THAN REASONABLE SECURITY AND CONTROL IN THE CIRCUMSTANCES.

      If the Company believes or has reason to believe that any Security Procedure has or may have become known by unauthorized persons, the Company shall immediately notify the bank by telephone and confirm such oral notification in writing to the bank within twenty-four (24) hours of the oral notification. The bank will replace the Security Procedures in accordance with the bank’s standard security requirements related to the applicable Service(s). To the maximum extent permitted by applicable law, the Company will be solely liable for all transactions, including funds transfer instructions and other communications, initiated before the bank has received such notification and has had a reasonable opportunity to act on such notification. The bank reserves the right to change any or all of the Security Procedures offered and/or used at any time by giving oral or written notice to the Company. The Company agrees that its use of the related Service(s) after the bank provides notice of such changes constitutes Company’s acceptance of the new Security Procedures. The Company acknowledges that the purpose of Security Procedures is to authenticate the identity of the person initiating the action, not to detect errors in any transmission or content. The bank is not agreeing to any security or other procedures for the detection of errors. The Company represents that for the Service or Services it requests, it considers the Security Procedures to be commercially reasonable with respect to the size, type, and frequency of funds transfers it anticipates issuing and the information which will be transmitted.
       

    7. Company’s Data Security Obligations. With regard to obtaining any Services under this Agreement, the Company must comply with the computer hardware, software, and Security Procedures requirements as set forth by the bank. The bank reserves the right as encryption technology develops to impose further reasonable requirements to maintain the appropriate level of security for the Services and transactions contemplated hereunder and the Company agrees to abide by such requirements. Furthermore, the Company understands and acknowledges that if the Company does not follow commercially reasonable hardware, software, physical access and physical storage security procedures regarding any Company-owned data, including such data containing the sensitive personally identifiable information of any individual, the security of the Company’s transactions and/or Company-owned data, including sensitive personally identifiable information, may be compromised. The Company understands, acknowledges and agrees that installation, maintenance and operation of the Company’s computer hardware and software and related security procedures, including, but not limited to, data security protection, firewalls and anti-virus software, is the Company’s sole responsibility, and that the Company is solely responsible for securing, encrypting, protecting and otherwise safeguarding the Company-owned data.
       
    8. Virus/Malware Protection. We are not responsible for any electronic malware, virus or viruses that you may encounter. We encourage our customers to routinely scan their computers, mobile devices and external storage devices using a reliable virus and malware protection product to detect and remove any viruses or malware. Undetected or unrepaired viruses or malware may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus or malware to other computers, mobile devices or external storage drives.
       
    9. Links. We have a number of links to other sites on our website. These are offered as a courtesy and a convenience. We assume no responsibility for the content, safety, security, or privacy of any such link or site or any transactions with respect thereto. If you have questions or concerns about any other site’s policy regarding these matters, you should contact that site or its sponsor.
       
  2. Standards and Requirements for Using Online Banking.
    1. Enrollment Process. The Digital Banking service requires you to complete the initial enrollment process by providing the information needed to enable the service.
       
    2. Accounts. You may request to be permitted to access any account on which you are an Owner or an Agent via Digital Banking. If you desire services that allow you to initiate payments or transfers from the account(s), you will need the required withdrawal authority for the account(s) by completing the Commercial Digital Services Authorization Request form to be able to complete the transaction. By using Digital Banking, you agree to maintain one or more accounts with us and to keep sufficient balances in each account to cover any transactions and fees that are ultimately approved by or related to the system. If the accounts added to the service are jointly held or have multiple Agents, you agree that access to the information and all transactions initiated by the use of your username and password are authorized unless we have been notified to cancel the service.
       
    3. Administrator. The “Administrator” is the person designated as such by you on your Commercial Digital Services Authorization Request form. The Administrator shall be authorized to use the Online Banking and Mobile Banking system, collectively “Digital Banking”, solely for the Services requested by you and approved by First National Bank Texas/First Convenience Bank for your use. The Administrator will designate authorized users and their level of access to accounts and services within Digital Banking. The administrator is solely responsible to designate authorized users within the Manage Users menu in Digital Banking. Failure of an Administrator to remove an authorized user that is no longer employed by your company could result in unauthorized access to your account. An Administrator will have all rights and access until written request from an Owner or an Agent of the account is delivered to First National Bank Texas/First Convenience Bank stating that such person shall be removed as the Administrator. You may replace the Administrator with another person by providing notification to First National Bank Texas/First Convenience Bank evidence sufficient, in First National Bank Texas/First Convenience Bank’s sole discretion, to show that you have duly authorized such an action.

      First National Bank Texas/First Convenience Bank is authorized to rely on instructions received from and actions made by any person using the Digital Banking username and password by the Administrator and any other Authorized User as provisioned by the Administrator within your Online Banking profile. The instructions received from and actions taken by any person using such a username and password shall be deemed effective as if made by someone authorized to act on behalf of you. You agree to be responsible for any loss that results from such instructions that First National Bank Texas/First Convenience Bank receives from or other actions taken by such persons authorized to act on behalf of you, as if you had provided such instructions or had taken such actions.
       

    4. Fees for the Digital Banking Service. The Digital Banking service is available to our customers at no charge. The Transfer feature, Bill Pay, Account Alert feature, and Mobile Application with Mobile Check Deposit are all optional services available at no charge. There are additional services that the Company can request. The Additional Services that are accessed through Digital Banking include, but are not limited to: ACH Origination, Business Express Deposit (Remote Deposit Services), and Wires. Additional Services will require the Company enter into a separate agreement with the bank. There may be additional fees associated with some of these services. The fees for Additional Services are available upon request.   There are additional services that the Company can request. The Additional Services that are accessed through Digital Banking include, but are not limited to: ACH Origination, Business Express Deposit (Remote Deposit Services), and Wires. Additional Services will require the Company enter into a separate agreement with the bank. There may be additional fees associated with some of these services. The fees for Additional Services are available upon request.
       
    5. Termination of Digital Banking. You may terminate the use of Digital Banking by contacting us in writing by mail, email sent through secure messaging within Digital Banking, or personal delivery to us. We may, in our discretion, cancel your access to Online Banking at any time without prior notice and without cause. You will remain responsible for all transactions approved via Online Banking prior to the cancellation of that feature and for any other fees associated with your use of Online Banking. If your account is closed or restricted for any reason, Online Banking accessibility will automatically terminate.
       
    6. Ownership of Material. Unauthorized reproduction in whole or part of any part of the Digital Banking feature of your account is prohibited.
       
  3. Digital Banking Features.
    1. Balance Inquiries, Bill Payment and Transfer Limitations.

      You may use Digital Banking to check the balance of your accounts, pay bills online, transfer funds among your accounts. Savings and money market accounts are subject to federally regulated transaction limitations which dictate how many transactions may be completed within a monthly service charge period. Up to six (6) transfers (to include AccountTRANSFER Overdraft Protection transfers) are permitted to another account of yours at the bank or to a third party. These transfers may be by means of preauthorized or automatic transfer or telephone agreement. Transactions not within these limitations may result in the closure of your account. Additionally, you may visit the bank to withdraw funds, have us mail you a check payable to you or withdraw money at the ATM with your card. These are not third-party transactions and are not limited; however, normal transaction fees will apply. There are no limits to the number of transfers or Bill Payments from accounts that are checking accounts. We currently limit the Bill Payment Service to Checking and Money Market Accounts only.

      Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. There may be situations that cause a delay in an update of your balances. The Digital Banking system will use the most current balance available at the time of a transaction to base our approval.
       

    2. Special Information About the Stop Payment, Check Order, Address Change, Order Documents and Secure Email Services.

      The Digital Banking system includes several menu options that provide a means to securely forward your request to us for processing. Generally, requests received from the Online Banking system will be processed within two (2) Business Days using procedures that would handle similar requests received by mail or fax. If urgent action is required, we recommend that you contact us directly by telephone or in person.

      The Stop Payment feature is designed to submit a request to stop payment on checks you have written. We must be contacted to process ACH stop payment requests; they cannot be processed using the stop payment feature within Digital Banking. There may be additional fees associated with some of these services.
       

    3. Scheduling Transfers and Payment Authorization.

      Once enrolled in Digital Banking you may make one-time or recurring transfers at any time to any accounts on which you are an Owner or an Agent. Transfers are allowed up to the available balance in the “transfer from” account. You may cancel a recurring transfer at any time through Online Banking. Transfers will be immediately debited from your account if processed before 9:00 p.m. (CT), and will be deposited into the transfer to account. There is not a fee assessed for scheduling an Online Banking transfer between accounts at First National Bank Texas or First Convenience Bank. You authorize the bank to withdraw, debit or charge the necessary funds from your designated account in order to complete all of your designated transfers and payments. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of the withdrawal.

      The completion of a transfer or payment is subject to the availability of sufficient funds at the time the transaction is posted. If enough funds to complete the transfer or payment are not available, we may, in our discretion, refuse to complete the transaction.

      The bank is under no obligation to inform you if it does not complete a payment or transfer because there are non-sufficient funds in your account to process the transaction. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer within Digital Banking.
       

    4. Bill Payment Service.

      The Bill Payment service enables customers to pay their bills online or via a mobile device. To access the Bill Payment service online or via a mobile device, you must first enroll by selecting the “Bill Payment” menu within Digital Banking. To use the service you must have completed the enrollment steps, and have Taxpayer Identification Number, Employer Identification Number, or Social Security Number. Bills must be paid within the U.S. and its territories. The following are prohibited payments and should not be paid via Bill Pay:

           •  Payments to unlawful internet gambling sites
           •  Payments to government agencies, organizations and institutions
           •  Payments made in response to a court-directed payment plan

      To pay bills using Bill Payment, set up your payees by choosing from the Payee List or by entering necessary information to create a new payee within Digital Banking. Paying a bill can be conducted online or via a mobile device once a payee is created within Digital Banking. We maintain a large vendor database of regional or national billers to make this process quick and easy. The Bill Payment service will also allow you to see a history of the payments made from your accounts.

      Providing there are sufficient funds in your account, scheduled payments will normally be charged to your account on the business day that is associated with the scheduled due date for the bill. Each scheduled payment must be greater than $1 and less than $10,000.01. The daily aggregate Bill Payment limit is $10,000 for all payments processed on one (1) business day. You will receive an email if a scheduled payment is declined when presented for payment. You also may change the payment to a future date.

      Although payments may be scheduled for the current business day or any date in the future at any time, they will only be processed once a day at our Bill Payment Cut-Off Time of 8:00 p.m. (CT) on any business day. (If you attempt to schedule a payment for that day after 8:00 p.m., the system will notify you that the payment will be scheduled for the next business day.) Anything scheduled on a non-business day, or after the Bill Payment Cut-Off Time, will not be sent out until the following business day. Since we must forward the funds and billing information to the payee, some lead time for payments is necessary. In general, the Bill Payment system will attempt to notify you when you can expect the payment to be received by the payee. The estimated payment “deliver by date” is typically shown on the screen when you schedule the payment. (Our Bill Payment system assumes the payee/vendor will promptly process the payment on the business day it is received. Any delays caused by the payee/vendor would result in additional days before the payment would show on their records.) By using the Bill Payment service, you authorize us, and any third-party payment processing agent we may use, to choose whatever method we determine, in our sole discretion, is the most effective method to process your requested Bill Payment transaction.

      The time frames generally will be determined by the way the payment is sent to the payee. If we have to send a paper check in the U.S. Postal system, we typically suggest sufficient time as four (4) business days prior to the payee receiving the payment for processing at their address. If the payee accepts the payment electronically, we generally define sufficient time as two (2) business days prior to the payee receiving the payment. In all cases, the payment will be delivered to the payee/vendor by the tenth (10th) business day after the payment was approved and charged to your account.

      Our Liability for Incomplete Bill Payment Transactions. We are responsible for processing all payments properly initiated through the Bill Payment system in accordance with this agreement. Except as provided in the following sentence, (a) transfers generally will be processed within two (2) business days of the completed transfer transaction and (b) we will be liable where the system caused a payment delay or failed to process a payment to be received by the payee/vendor by the tenth (10th) business day following the date your account was charged for the payment as described in “Limited Late Fee Reimbursement” provision below. Transactions may take longer to process, and we will not be responsible for any damages you suffer due to processing delays or failures if any of the following occur:

      1.  Funds are not showing on the system’s available balance in your account that is to pay for the bill or transfer at the time of the transaction.
      2.  Funds are subject to legal process or other encumbrances restricting the payment or transfer.
      3.  You had knowledge of or questions about the possible malfunction of the system when you initiated the transaction.
      4.  Any information provided by you about the payee is incorrect.
      5.  Any delays in the handling of the payment by the payee.
      6.  Natural disasters (fire, flood, tornado, etc.) or other uncontrollable circumstances (mail delays, power failures, etc.) prevent proper completion and delivery of transactions.
      7.  Other applicable laws and/or regulations exempt us from liability.
      8.  It can be shown that the merchant or payee received the payment within the normal delivery time frame and failed to process the payment through no fault of Digital Banking, Mobile Banking, or our service providers.
      9.  It can be shown that the delay was caused by unusual mailing delays by the U.S. Postal Service.

      Limited Late Fee Reimbursement. We will reimburse you, up to $50 per payment, for any payee imposed fee or portion of finance charges associated with the late payment amount that the payee will not waive or reverse as a courtesy to you or to us or any third party and that was incurred by you due to a payment posting late, provided that the payment resulting in such a fee was scheduled in accordance with this agreement and instructions relating to the service and provided that none of the circumstances listed above are applicable. Reimbursement will not apply to payments scheduled in any applicable grace period (that is, if the due date for a payment is the first (1st) day of the month and by agreement, there is a fifteen (15) day grace period to make the payment, the payment must be scheduled no later than five (5) business days prior to the first (1st) of the month for reimbursement to be granted). If we or any service provider we use erroneously caused the late fees or finance charges, then such amounts will be returned to you. If the late fees or finance charges are caused by a user error, we will not be responsible for any such amounts.
       

    5. E-Statements

      You agree and understand that the bank may send the following communications in electronic form:

      •  Legal and regulatory disclosures and Communications associated with the account
      •  Notices or disclosures about changes to the terms of your account
      •  Privacy policies and notices
      •  Monthly (or other periodic) billing or account statements (E-Statements) for your account or such other communication we may include from time to time.

      E-Statements, notices, and electronic communication can be accessed directly from Digital Banking by selecting the E-Statement option on the Accounts Overview screen.

      To receive and retain E-Statements, notices and other electronic communication, you must have a working connection to the Internet with email, capability to open Portable Document Format (.PDF) files with Adobe Reader 5.0 or higher and sufficient electronic storage space on your computer’s hard drive or other data storage unit. Upon enrollment, E-Statements, notices, and other electronic communication will be made available in electronic format only. Requests for paper copies of these documents will be subject to Research fees as disclosed in our Banking Services/Fee Schedule. You may request paper copies by sending your requests to the address provided in the Errors, Questions, and Customer Support section of the Online Services Terms and Conditions or by secure email sent through the Online Banking website. You may change your email address(es) at any time by editing your profile. At the time of enrollment or upon our request, you agree to provide us an email address.

      We will send you an email notification when you have E-Statements, notices, or electronic communications that are available to view. You are responsible for updating your email address. If your email notification is returned to us you are still responsible for logging in periodically to view your E-Statements, notices, or electronic communications. If you are unable to view your E-Statement, notices, or electronic communications once you have logged in, please contact our Customer Support.

      If we change the minimum hardware or software requirements and you are unable to receive E-Statements, notices and electronic communication, you will be released from these Terms and Conditions without any penalty. You may withdraw your consent for E-Statements, notices and electronic communication by editing your profile at any time by selecting the E-Statement menu within Online Banking. We will not impose any fee to process the withdrawal of your consent, however, depending on your account type your account may be charged maintenance fees for paper statements. Please see your disclosures or contact us for details. Upon withdrawal, the documents will be sent in paper form to your address of record. Upon termination of E-Statements, notices, or electronic communication, by you or by us, a new enrollment will be required to reinstate this service.
       

    6. Alerts & Notifications

      We provide Mandatory and Voluntary Notifications (collectively, “Alerts”). Alerts can be accessed at any time.

      Mandatory Alerts are sent to you following important account activities or when certain changes are made online to your profile within Digital Banking, such as a change in your email address, password and transfer activities. You do not need to activate Mandatory Alerts. We automatically activate them for you. You will not have the ability to suppress these Mandatory Alerts.

      Voluntary Notifications must be activated by you. Voluntary Notifications can help you manage your accounts. We recommend that you set up Voluntary Notifications for important thresholds, particularly a low balance.

      Both Mandatory and Voluntary Notifications are subject to the following:

      We may add new Mandatory and Voluntary Notifications from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so.

      Alerts will be sent to the email address or mobile phone number you provided as your contact information within Digital Banking. You may also enable the push notification feature within Mobile Banking to receive notifications directly to the Mobile App.  If your email address or your mobile phone number changes, you are responsible for informing us of that change. Changes to your primary and secondary email addresses will apply to all of your Alerts. While the bank does not charge for the delivery of the Alerts, please be advised that text or data charges or rates may be imposed by your carrier.

      You understand and agree that your Alerts may be delayed or prevented by a variety of factors. Your wireless carrier may impose delays or prevent you from receiving alerts, contact your carrier for the details of your wireless plan. We neither guarantee the delivery nor the accuracy of the contents of any Alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any Alert, for any errors in the content of an Alert, or for any actions taken or not taken by you or any third party in reliance of an Alert.

      Alerts may include your name and some information about your accounts. Depending upon which Alerts you select, information such as your account balance or recent transfer activities may be included. Anyone with access to your email or mobile device will be able to view the contents of these Alerts.
       

    7. Mobile Banking

      What is Mobile Banking? 

      Mobile Banking provides you access to your account information and to conduct banking transactions through the use of your mobile device using the text messaging capabilities of your mobile device or using a software application provided by a third-party.

      Enrollment, Technological Requirements, Communications. You may activate the Mobile Banking feature of Digital Banking at any time by downloading our Mobile Banking application. You also must have a mobile device and subscribe to a telecommunications services provider that supports Mobile Banking, and your mobile device must have access to the Internet, and/or offer phone calls and text messaging. Your password for Mobile Banking will be the same as your password for Online Banking. You agree that access to your account information and all transactions initiated via Mobile Banking using your mobile device and password are authorized unless we have been notified to cancel the Mobile Banking feature. You and the bank are solely responsible for the content transmitted through the text messages sent to and from the bank. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)

      Mobile Banking Log-In Security. Your Mobile Banking application is protected with multi-factor authentication. No sensitive information is stored on the mobile device. After three (3) consecutive failed log-in attempts you will be locked out and will be directed to call Customer Support. We recommend you log-in to Mobile Banking at least once every thirty (30) days to keep this feature active. Notify us IMMEDIATELY if you believe your mobile device or password have been compromised, lost, stolen or used without your authorization by calling us at the number listed below in the Errors, Questions and Customer Support section. Your rights and liabilities with respect to unauthorized access to your account using your mobile device are set forth above.

      Fees Associated With Mobile Banking. The bank will not charge you any fees for requesting or using the Mobile Banking service. For fees associated with your account or other bank services please refer to our Banking Services/Fee Schedule. Please consult with your telecommunications services provider regarding fees associated with your mobile device. You agree to be responsible for any telephone charges, text messaging fees, data usage fees and any other charges or fees your wireless carrier may impose as a result of your accessing your account(s) through the Mobile Banking service.

      Acconts. You may request via Mobile Banking to access any account on which you are a signer or owner, including checking, savings, certificate of deposits and loans. Mobile Banking provides you the ability to check the balance of your account(s), view recently processed debits and credits, pay bills, perform account transfers, and conduct other banking transactions. If you desire services that allow you to transmit Electronic Items, or initiate payments or transfers from the account(s), you will need the required authority for the account(s) to be able to complete the transaction. By using Mobile Banking, you agree to maintain one or more accounts with us and to keep sufficient balances in each account to cover any transactions and fees that are ultimately approved by or related to the system. If the 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 mobile device and password are authorized unless we have been notified to cancel the Mobile Banking service. The balance information you obtain via Mobile Banking is your Available Balance. There may be situations that cause a delay in an update of your balances. The Mobile Banking service allows access to up to forty-five (45) days of transaction information.

      Mobile Check Deposit: Mobile Check Deposit enables qualifying customers to use our Mobile Banking application to transmit electronic images of the front and back of paper items, and transmit those images and other information captured from the MICR Line to us for review and for processing. In order to be able to use the Mobile Check Deposit service, you must meet certain qualifying criteria set by the bank, in its sole discretion. In addition, the bank may, at its sole discretion, grant you access to Mobile Check Deposit and may terminate your ability to use the Mobile Check Deposit service at any time. The Electronic Items you submit for deposit are subject to verification and are not available for immediate withdrawal. The bank will use commercially reasonable efforts to review each Electronic Item and decline any item that we in our sole discretion determine to be ineligible for the service prior to the Mobile Check Deposit Cut-Off time. We will notify you via email if your Electronic Item is approved or declined. Funds are generally made available the day after an item is approved. We will notify you if the status of your deposit changes and if a hold applies. Items deposited through Mobile Check Deposit are not covered by the Bank’s published Funds Availability Policy. Items may be held up to seven (7) business days after a deposit has been approved for processing. The bank may limit the number and amount of items you are allowed to present for deposit in a single day. You agree not to submit international checks or cash through Mobile Check Deposit. There is no charge to use Mobile Check Deposit, but message and data rates may apply.

      Mobile Check Deposit is not available on all devices. Our systems may require that you have the latest versions of the bank’s mobile banking application for your Android, iPhone, or tablet device. You assume the responsibility for ensuring that these conditions are met. You are responsible for the maintenance, support, and service for the device that is required for Mobile Check Deposit. You represent and warrant to the bank that:

      1.  You will use the Mobile Check Deposit service only for paper items that are payable to, and endorsed by, you.
      2.  You will maintain control over and be responsible for secure storage and destruction of original paper items for which you have deposited using Mobile Check Deposit. You will destroy original paper items from which you have submitted to us and received credit for within 30 days of receiving credit.
      3.  You will not submit any duplicate items for deposit through Mobile Check Deposit.
      4.  You will not deposit to your account or otherwise negotiate any original paper item from which you have submitted to us through Mobile Check Deposit, unless it is requested of you by the bank.
      5.  You will transmit to us only Electronic Items that are suitable for processing, including, but not limited to, Electronic items that are legible and contain machine-readable MICR Line data.
      6.  You will review and verify for accuracy the information contained in the Electronic Item(s) before you transmit Electronic Item(s) to us.
      7.  You will only transmit Electronic Item(s) that are drawn on or payable at or through banks located within the United States.
      8.  You will not store or make a back-up copy of the Electronic Items you submit.

      Termination of Mobile Banking Feature. We may cancel your access to Mobile Banking or any of the services within Mobile Banking, including, but not limited to, Mobile Check Deposit, at any time without prior notice. You may terminate the use of Mobile Banking by removing the mobile application on your mobile device at any time. You will remain responsible for all transactions approved via Mobile Banking prior to the cancellation of that feature and for any other fees associated with your use of Mobile Banking. If your account is closed or restricted for any reason, Mobile Banking accessibility will automatically terminate.
       

    8. ACH Origination

      ACH Origination services may be accessed through Digital Banking for an additional charge. You must also execute the ACH Origination Agreement in order to access these services.

      Financial Review; Audit and Investigation. You understand that the bank may, in accordance with its internal operating policies, conduct reviews of your financial situation to determine the credit risk that you present to the bank with respect to your use of the Digital Banking system in accordance with these Terms and Conditions. In connection with such reviews (which may include a review of your accounts with the bank), you agree that, upon the request of the bank, you shall provide the bank with your most recent quarterly and annual financial statements and/or federal and state income tax returns for review by the bank. Based upon such review the bank may, in its sole discretion, determine whether you remain eligible to use any or all of the Services, and if the bank so determines that you are not so eligible, then the bank may, in its sole discretion, and upon written notice to you, remove or suspend your access to any of the Services or terminate these Terms and Conditions immediately. In addition, upon the occurrence of any event of unauthorized use of any username or password of any Authorized User, or any other unauthorized access of one or more of your accounts, or any loss therefrom, You acknowledge and agree that the bank, itself or through its authorized representative(s), may, in its sole discretion (but shall have no obligation to), conduct an audit or investigation of your Digital Banking practices, security procedures and protocols. You hereby agree to provide the bank with access to your facilities, equipment and personnel for purposes of enabling the bank to identify the cause(s) or potential cause(s) of such unauthorized access, loss or other security breach.
       

    9. Business Express Deposit

      Remote Deposit Capture services, called Business Express Deposit, may be accessed through Digital Banking for an additional charge. You must also execute the Business Express Deposit Service Agreement in order to access these services.

      Financial Review; Audit and Investigation. You understand that the bank may, in accordance with its internal operating policies, conduct reviews of your financial situation to determine the credit risk that you present to the bank with respect to your use of the Online Banking system in accordance with these Terms and Conditions. In connection with such reviews (which may include a review of your accounts with the bank and site visits), you agree that, upon the request of the bank, you shall provide the bank with your most recent quarterly and annual financial statements and/or federal and state income tax returns for review by the bank. Based upon such review the bank may, in its sole discretion, determine whether you remain eligible to use any or all of the Services, and if the bank so determines that you are not so eligible, then the bank may, in its sole discretion, and upon written notice to you, remove or suspend your access to any of the Services or terminate these Terms and Conditions immediately. In addition, upon the occurrence of any event of unauthorized use of any username or password of any Authorized User, or any other unauthorized access of one or more of your accounts, or any loss therefrom, You acknowledge and agree that the bank, itself or through its authorized representative(s), may, in its sole discretion (but shall have no obligation to), conduct an audit or investigation of your Digital Banking practices, security procedures and protocols. You hereby agree to provide the bank with access to your facilities, equipment and personnel for purposes of enabling the bank to identify the cause(s) or potential cause(s) of such unauthorized access, loss or other security breach.
       

  4. Errors, Questions and Customer Support.

    In cases of errors or questions concerning transactions completed with Online Banking or Mobile Banking, do one of the following, as soon as possible:

    •  Call Customer Support at 254-554-6699, 800-677-9801 or TTY 866-390-9768; or
    •  Write to Customer Support, P.O. Box 937, Killeen, TX 76540; or
    •  You can send us a secure message online or via our mobile application.
     

  5. Time Zone.

    Any time stated in these Terms and Conditions shall mean such time as Central Time, as applicable in Killeen, Texas, United States of America.
     

  6. Digital Banking Privacy Disclosure. We understand how important privacy is to our customers. We have taken steps to ensure your security and privacy for your personal and financial dealings with us. Please refer to the Bank’s Privacy Policy located on our website or contact Customer Support with any questions you may have. We collect general information about your visit, such as when our site was accessed, which pages were accessed and what Internet provider was used. You may elect to provide us with more specific information, such as when you give us feedback or send us an email. Email sent via the Secure Messaging feature within Digital Banking will be protected, and, accordingly, requests emailed from the Digital Banking may contain confidential information or requests such as address changes.

    If you would like to know what information we have collected regarding your visit to our website, contact Customer Support or the specific department you emailed (i.e., Customer Support, Loans, etc.). After reviewing the information, if you believe any of it is in error, contact Customer Support or that specific department and explain the alleged discrepancy. If the information is incorrect, we will update it promptly.
     

  7. Disclosure of Account Information to Third Parties. We may, in our discretion, disclose information about your account(s) or transactions involving your account(s) to third parties only as follows:

    •  The disclosure is necessary to complete a transaction that you have authorized or requested.
    •  The disclosure is necessary to verify the existence and condition of your account to a third party, such as a credit bureau or merchant.
    •  The disclosure is necessary to comply with a governmental agency or court order.
    •  You gave us permission (in writing, if required) to make the disclosure.
    •  The disclosure is necessary to collect information for internal use, or the use of our service providers or servicing Agents and contractors concerning our electronic funds transfer service.
    •  The disclosure involves a claim by or against us concerning a transaction involving your account.
    •  The disclosure otherwise is required or permitted under state or federal laws and/or regulations concerning our electronic funds transfer service.
     

  8. Children’s Privacy. Protecting the privacy of our children is more critical today than ever. For that reason, our website is not structured to attract children under the age of 13. You must be 13 or older to submit our forms via our website.
     
  9. Non-Assignment. Customer may not assign this Agreement or any of the rights or duties hereunder to any person without bank’s prior written consent.
     
  10. Headings. Headings are used for reference purposes only and shall not be deemed a part of these Digital Banking Terms and Conditions.
     
  11. Binding Agreement; Benefit. These Digital Banking Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.
     
  12. Severability. In the event that any provision of these Digital Banking Terms and Conditions shall be determined to be invalid, illegal or unenforceable to any extent, the remainder of these Online Services Terms and Conditions shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
     
  13. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR BY LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR USE OF THE ONLINE BANKING SERVICE OR ANY OF ITS FUNCTIONS, AND YOU SHALL INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, DEMANDS, LAWSUITS, LOSSES, COSTS, EXPENSES AND ATTORNEYS’ FEES WE SUFFER OR INCUR BECAUSE OF YOUR USE OF THE ONLINE BANKING SERVICE.

    The Commercial Digital Banking Terms and Conditions are subject to change. To view the current version of the Commercial Digital Banking Terms and Conditions please visit www.1stnb.com or www.1stcb.com. These Commercial Digital Banking Terms and Conditions supplement and are incorporated by reference in the Deposit Agreement, the agreement between you and the bank governing your account. If any provision of these Commercial Digital Banking Terms and Conditions conflicts with any other provision of the Deposit Agreement, then the provision of these Commercial Digital Banking Terms and Conditions will govern only with respect to the Online Banking, Mobile Banking, and E-Statement features of your account.

Account activation may take up to 10 business days.