This Online Banking Service E-Sign Disclosure and Consent ("Disclosure") applies to all Communications for those products, services and Accounts offered or accessible through the Online Banking Service, or a mobile application or mobile website used to access the Online Banking Service, that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.
*Note: Consenting to receive Communications under this Disclosure will not automatically enroll you in e-Statements.
2. Scope of Communications to be Provided in Electronic Form-You agree that we may provide you with any Communication that we may choose to make available in electronic format to the extent allowed by law, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive communications and transactions electronically includes, but is not limited to:
A. All legal and regulatory disclosures and Communications associated with the Account or the product or service available through the Online Banking Service for your Account(s);B. Notices or disclosures about a change in the terms, or change in the fees of your Account;C. The Online Banking Service Agreement, including any amendments or revisions; D. Privacy policies and notices; E. Monthly (or other periodic) billing or account statements for your Account(s); andF. Lending disclosures.
A. Via email; B. To the extent permitted by law, by access to a website, including the our mobile website, that we will generally designate in advance for such purpose;C. By downloading a .PDF file containing the Communication, that you have requested or as requested by us;D. Via our mobile application.
4. How to Request Paper Copies- You should not expect to receive a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to provide a paper copy of a Communication. You can obtain a paper copy of an electronic Communication by printing it yourself, or by requesting a mailed paper copy within a reasonable timeframe after we first provided the electronic Communication to you. To request a mailed paper copy, please call 877-366-1836 or contact your account officer at the nearest Spirit of Texas Bank location (branch location and contact information can be found at www.spiritoftexasbank.com). The Bank may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization, but we will notify you of the charge prior to completing the request. The Bank reserves the right, but assumes no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
5. How to Update Your Records- You can update information (such as your email address) through the Online Banking Service by visiting www.spiritoftexasbank.com and logging into your Online Banking Service profile, by calling 877-366-1836, or by contacting your account officer at the nearest Spirit of Texas Bank location (branch location and contact information can be found at www.spiritoftexasbank.com). It is your responsibility to provide the Bank with accurate and complete email address and contact information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. In the event email is returned undeliverable, notifications will be sent to the physical address on file at the Bank.
6. Hardware and Software Requirements- In order to access, view, and retain electronic Communications from us, you must have:
A. To access your Account(s) through the Online Service, an up-to-date version of Internet Explorer, Safari, or Chrome; or to access your Account(s) through our mobile application, up-to-date versions of one of the following mobile operating systems: Apple iOS, or Android OS; B. Local, electronic storage capacity to retain our Communications and/or a printer to print them;C. A valid e-mail address and software to access it;D. An 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 application or accessing our mobile websites;E. Software that enables you to view files in the Portable Document Format (“PDF”)
Note: If using a phone or tablet to access the Online Banking Service outside of our mobile application, functionality and appearance may vary from traditional interface.
7. Communications in Writing- All Communications in either electronic or paper format from the Bank to you will be considered “in writing.” You should print or download a copy of this Disclosure for your records and any other Communication that is important to you.
8. How to Cancel Electronic Statements- You may withdraw your consent to receive Communications in electronic form at any time by calling Spirit of Texas Bank at 877-366-1836, or by calling your account officer at the nearest Spirit of Texas Bank location (branch locations and phone numbers can be found at www.spiritoftexasbank.com).
9. Termination/Changes- Spirit of Texas Bank reserves the right, in its sole discretion, to discontinue the provision of electronic Communications to you, or to terminate or change the terms and conditions on which we provide electronic Communications to you. The Bank will provide you with notice of any such termination or change, as required by law.
10. Federal Law- You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and the Bank both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
11. E-mail Address of Record for Accounts with Joint and/or Multiple Owners- Only one account owner's authorization is required to enroll in e-Statements. For purposes of electronic notification or delivery of e-Statements on a joint or multiple owner account, you agree that any electronic notifications regarding e-Statements delivered to the
e-mail address of the account owner who enrolls in e-Statements will constitute delivery to all account owners, even if all account owners may not have access to such e-mail address.
12. Acceptance and Consent- By consenting to this Disclosure, you agree to the following statements:
I have read, understand and agree to be bound by the terms and conditions described above and consent to receive electronic Communications according to the process described above. I understand that I may incur costs, including but not limited to online time and other charges from my communications service provider, in accessing and/or viewing such document(s).
I understand and agree that: (i) certain documents will continue to be delivered to me via U.S. mail that are not included in the e-Statements program and that in the future some or all of these documents may be made available for me to view electronically in accordance with this Disclosure; (ii) my consent to view documents electronically does not automatically expire and is not limited as to duration; (iii) the entity or entities with which I have my Account(s) and/or their agents may revoke my participation in the e-Statements program at any time at their discretion; (iv) neither entity or entities with which I have my Account(s), nor their agents will be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the product or services provided pursuant to this Disclosure; and (v) inserts that may be provided along with my account statements contain important information or disclosures concerning my Account(s) and I agree to review such inserts in a timely manner.
The Online Banking Agreement (“Agreement”) and Disclosure provides the terms and conditions that govern your use of Spirit of Texas Bank’s Online Banking Service and contains disclosures required by the Electronic Funds Transfer Act.
As used herein, unless otherwise required by the context, “I,” “me,” “my,” and “mine,” “you,” and “your,” shall refer to (1) an individual or entity that is the owner of an account or a party-in-interest to an account (such as a grantor, beneficiary or co-trustee of a trust account) or (2) an individual authorized by an account owner or a party-in-interest to view account information and/or effect transactions in an account ; and “we,” “us,” or the “Bank” shall refer to Spirit of Texas Bank, or the affiliate of such entity that holds your accounts or provides you services and any agent, independent contractor, designee, or assignee the we may, at our sole discretion, involve in the provision of the Online Banking Service. All references to time of day in this Agreement and Disclosure refer to Central Standard Time (CST) unless otherwise stated.
By offering online banking services and information, products or services via the Online Banking Service, we make no distribution or solicitation to any person to use the Online Banking Service or such information, products or services in jurisdictions where the provision of the Online Banking Service and such information, products or services is prohibited by law.
When you use or access, or permit any other person(s) or entity to use or access the Online Banking Service, or download or use any Software, you agree to the terms and conditions of this Agreement. We may amend or change this Agreement (including applicable fees and service charges) from time to time, in our sole discretion, by sending you written notice by electronic mail or by regular mail or by posting the updated terms on the sites within the Online Banking Service (the "Site(s)"). Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Online Banking Service. Your use of the Online Banking Service after we have made such changes available will be considered your agreement to the change.
The Online Banking Service is an online financial services website offering a variety of content, products and services. We grant to you, for your personal or internal business purposes only, a non-exclusive, non-transferable limited and revocable right to access and use the Online Banking Service as well as any Software in object code. Any Software provided through the Online Banking Service must be downloaded by you in the United States. You agree not to use the Online Banking Service for any other purpose, including commercial purposes, such as co-branding, framing linking, or reselling any portion of the Online Banking Service without our prior written consent. You further agree not to use the Online Banking Service to pay Payees to whom you are obligated for tax payments, payments made pursuant to court orders, fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law. You agree not to attempt to log on to the Online Banking Service from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Online Banking Service from one of these countries may result in your access being restricted and/or terminated.
You may not, and will not allow or cause any third party to: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify any portion of the Online Banking Service, or use the Online Banking Service to develop similar functionality; (b) copy any portion of the Online Banking Service, except as expressly permitted by this Agreement; (c) sublicense, distribute, export or resell any portion of the Online Service or otherwise transfer any rights; (d) remove any proprietary or intellectual property rights notices or labels on the Online Banking Service; or (e) otherwise exercise any other right to the Online Banking Service not expressly granted in this Agreement. We, or our licensors, own all right, title and interest in and to the Online Service. No license or other right in or to the Online Banking Service is granted to you except for the rights specifically set forth in this Agreement.
The Online Banking Service is a consumer electronic banking service. You may access the Online Banking Service using a personal computer (PC) and browser through the Bank’s web page.
You understand that in order to use the Online Banking Service, you must have a checking, money market, savings, CD, or Loan account and a User ID number with the Bank. To use Bill Payment services, you must have at least one checking account and you can pay bills from multiple checking accounts.
Service Available through the Online Banking Service -The Online Banking Service allows you to:
1. Transfers between one checking or savings (deposit) account and another;
2. Transfers from checking or savings (deposit) accounts to loan accounts (Loan Payments);
3. Transfers from cash reserve checking accounts to other deposit accounts; and
4. Transfers from certain loan lines of credit to deposit accounts, where permitted by the loan agreement.
5. Obtain account information on your Checking, Savings, CD’s, Loan, and Safe Deposit Accounts;
6. Stop check payments yourself (subject to the applicable stop payment fee);
7. Download “real time” transactions from any accounts to commonly available money management software;
8. Pay bills from multiple checking accounts (Bill Payments); Collectively, these are referred to as the “Online Banking service”
You may use the Online Banking Service virtually any time, day or night, 7 days a week. However, the Online Banking Service may be temporarily unavailable due to record updating, or technical difficulties. In addition, access to the Online Banking Service is made available pursuant to a license agreement by and between the Bank and Jack Henry & Associates Inc. Any interruption of service or access caused by Jack Henry & Associates Inc. will also prevent your use of the service. To utilize the services, you will need to enter your ID and password and otherwise satisfy the system’s security procedures.
The Bank’s vendor supports current and prior major releases of Internet Explorer, Firefox, Safari and Chrome. When a new version is announced and as Release to Web, the third-oldest version of the respective browser will no longer be supported. If using a phone or tablet to access online banking outside of an app, functionality and appearance may vary from traditional interface.
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Online Banking Service. This responsibility includes, without limitation, your utilizing up to date web-browsers and access devices and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for the data security of the Systems used to access the Online Banking Service, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested the Online Banking Service for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems. Although we may provide a link to a third party site where you may download software, we make no endorsement of any specific software, hardware or Internet Service Provider and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.
We may at our option change the parameters for the password used to access the Online Banking Service (“Password”) without prior notice to you, and if we do so, you will be required to change your password the next time you access the Online Banking Service. To prevent unauthorized access to your accounts and to prevent unauthorized use of the Online Banking Service, you agree to protect and keep confidential your Card number, account number, PIN, User ID, Password, or other means of accessing your accounts via the Online Banking Service. The loss, theft, or unauthorized use of your Card numbers, account numbers, PINs, User IDs, and Passwords could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft protection credit line, or draws on your credit card account. It could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your Card numbers, account numbers, PINs, User IDs, and/or Passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity, including any data aggregation service providers, to use the Online Banking Service or to access or use your Card numbers, account numbers, PINs, User IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person(s) or entity.
Business days for the purposes of the Online Banking Service are every day except Saturdays, Sundays and federal holidays.
Bill Payments and Transfers (including Loan Payments) may be made by the Online Banking Service. The Scheduled Initiation Date is the date the Bank will initiate the payment or transfer.
1. Only Bill Payments which are submitted via Online Banking before 12:00 p.m. (noon) Central Time on a Business Day will be processed on that day. Bill Payments which are submitted after 11:59 a.m. Central Time on a Business Day or at any time on a Saturday, Sunday or holidays will not be processed until the next Business Day. If the Payment Date selected is the same date that the Bill Payment is submitted and the submission is made after 11:59 a.m. on a Business Day or at any time on a Saturday, Sunday or holiday, the Scheduled Initiation Date will be the next Business Day rather than the Payment Date selected.
2. If the Payment Date selected is a Saturday, Sunday or holiday, then the Scheduled Initiation Date will be the last Business Day before the Payment Date selected, unless the Bill Payment is submitted later than 11:59 a.m. Central Time on the last Business Day before the Payment Date. If a Bill Payment is submitted after 11:59 a.m. Central Time on the last Business Day before the selected Payment Date which is a Saturday, Sunday or holiday, then the Scheduled Initiation Date will be the next Business Day after the selected Payment Date.
3. If any recurring interval (weekly, monthly, etc.) is selected for a Bill Payment, I may select any Payment Date that recurs on the specified basis as a recurring Scheduled Initiation Date for the Bill Payment, subject to the limitations above.
4. Funds will be deducted from the account you selected on the Scheduled Initiation Date for any Bill Payment that is transmitted electronically. Bill Payments that are made by check will be charged against your checking account when the check is paid from the account in the same manner as for other checks drawn on the account. Funds must be available in your account to pay these items and electronic transfers when required.
5. A Bill Payment submitted via Online Banking before the Scheduled Initiation Date may be edited or deleted through the Online Banking Service at any time before 2:00 a.m. Central Time on the Scheduled Initiation Date. A Bill Payment submitted after 2:00 a.m. but before 12:00 p.m. (noon) Central Time on the Scheduled Initiation Date may be edited or deleted until 11:59 a.m. Central Time on that date.
1. Transfers must be submitted via the Online Banking Service before 6:00 p.m. Central Time on a Business Day to be processed on that day. If the Date selected for the Transfer to be made is the same date that the Transfer is submitted and the submission is made after 5:59 p.m. Central Time on a Business Day or at any time on a Saturday, Sunday, or holiday, the Scheduled Initiation Date will be the next Business Day, rather than the Date selected.
2. If the Date selected for the Transfer to be made is a Saturday, Sunday or holiday, then the Scheduled Initiation Date will be the next Business Day after the Date selected.
3. If you designate a Transfer as "Weekly", "Bi-Weekly", "Semi-Monthly", "Monthly" transaction, you may select as the “Date” for the transfer any date that reoccurs on a specified regular basis (i.e. weekly, bi-weekly, semi-monthly, monthly, etc) as a Scheduled Initiation Date, subject to the limitations above. You will designate a day of the week/month and an expiration date.
4. Funds will be deducted from the account from which a Transfer is made on the Scheduled Initiation Date. Sufficient funds must be available on the Scheduled Initiation Date in the account from which any transfer of funds is to be made.
5. Transfers submitted via the Online Banking Service may be edited or deleted at any time before 6:00 p.m. Central Time on the last Business Day before the Scheduled Initiation Date
B. Processing - Some Bill Payments are electronically delivered to the payee. These payments should be received by the payee within four business days after the Scheduled Initiation Date. However, some payees are not set up to accept electronic payment. In these cases, a check will be issued which may take longer to be delivered by mail. You must allow sufficient time (generally, up to 4 business days for electronic or 10 business days for check) for the Online Banking Service to receive your request and process the Bill Payments in order for funds to be delivered to the payee before the payment due date. If you do not allow sufficient time, you will be responsible for all late fees, finance charges, or other actions taken by the payee. If you schedule your payment within sufficient time, and the payment was not received by the payee, or was received late, the Online Banking Service will assume responsibility for any late charges or finance charges incurred as a result of any failure on the Bank’s part. The Bank is responsible only for exercising ordinary care in making payments you’re your authorization and for mailing or sending a payment to the designated payee. The Bank is not liable in any way for damages you may incur if you do not have sufficient funds in your account to make the payment on the processing date, if the estimate of time to allow for delivery to the payee is inaccurate, or due to delays in mail delivery, changes of merchant address or account number, the failure of any merchant to account correctly for or credit the payment in a timely manner, or for any other circumstances beyond the control of the Bank.
B. IntraBank Transfers (FI-to-FI transfers and Person-to-Person transfers) - Subject to availability, you have the option of transferring funds between your linked accounts at Spirit of Texas Bank and certain deposit or investment accounts you own at other financial institutions owned by your or someone else.
C. Account Designation - You may transfer between all your designated deposit or loan accounts you have at the Bank. Some accounts may be excluded from transfer capability due to regulatory requirements, bank policy, or loan agreement between you and the Bank. For the purposes of this Agreement, your “deposit accounts” or “safe deposit accounts” include any accounts of which you are the sole owner or one of the multiple or joint owners and your “loans accounts” include any loans on which you are personally obligated as a borrower, whether or not anyone else is obligated.
D. Funds Availability - Although you receive immediate provisional credit upon completion of transfers on the Schedule Initiation Date, you must submit transfers before 6:00 P.M. Central Time on the Schedule Initiation Date for those funds to be posted on an account that day and to be available for non- Online Banking Service transactions. Transfers designated as “One-Time” transactions submitted after 6:00 P.M., Central Time on the Scheduled Initiation Date, or if the Scheduled Initiation Date is a Saturday or Sunday or holiday, will be available for the payment of non-Online Banking Service transactions on the following Business Day. “Weekly, Bi-Weekly, Semi-Monthly, Monthly,” etc. transfers will be processed between 9:30 and 11:30 P.M. of the Scheduled Initiation Date for provisional credit (i.e. for Online Banking Bill Payments, and cash withdrawals at ATMs or bank locations), and will post and be available after nightly processing on the Scheduled Initiation Date for payment of non-Online Banking Service transactions. If the Scheduled Initiation Date is a Saturday, Sunday or holiday, the transfer will occur on the next business day. Future-dated and recurring transfers may be changed or canceled up until 6:00 P.M. the previous business day before the Scheduled Initiation date.
B. Available Funds Required - All Bill Payments and Transfers initiated through the Online Banking Service are subject to there being sufficient funds available in the affected account to cover the Bill Payment or Transfer on the Scheduled Initiation Date or earlier.
You authorize the Bank to charge your designated account(s) for any transactions accomplished through the use of the Online Banking Service, including the amount of any Bill Payment or Transfer made through the use of the Online Banking Service, and any charges for the Service and/or Stop check payment requests. You authorize the Bank to process Bill Payments and to transfer funds according to the instructions the Bank receives through the Online Banking Service. You authorize the Bank to initiate any reversing entry or reversing file, and to debit your accounts at the Bank, in order to correct any mistaken credit entry. You understand that if a Bill Payment or Transfer submitted describes the beneficiary inconsistently by name and account number, execution of the request may occur on the basis of the account number, even if it identifies a person different from the named beneficiary. Your obligation to pay the amount of the Bill Payment or Transfer to the Bank is not excused in such circumstances. The Bank will have no liability for the execution or failure to execute a Bill Payment or Transfer request which includes a discrepancy between the name of a person and an account number or which is to be made from an account with insufficient available funds. Payments that can be processed by check are handled in the same manner as a check written out of your checkbook against an insufficient balance. Payments that can be made electronically are verified for funds availability during processing. If the funds are available, the account that you selected for the payment will be debited for processing. If the funds are not available, the payment will not be processed and you will receive a message to inform you that the payment could not be sent due to insufficient funds. Attempts will continue to be made to process the payment(s) until the payment is either deleted by you or sufficient funds become available to process the payment.
You may check the balance(s) of your deposit or loan accounts through the Online Banking Service. (Note: The balance figure should reflect recent transactions, and may include funds which are not subject to immediate withdrawal.)
You agree that by using the Online Banking Service, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or the Online Banking Service may be sent to you electronically to any electronic mailbox we have for you, or at our option, another electronic mail address you provide to us or in any other manner permitted by law.
B. Stop Check Payment Fees - When placing a Stop Check Payment for a check written on the Bank, the Bank will automatically deduct a service fee from the account on which the stop payment was placed. This charge will be incurred each time a stop payment is made. When placing a Stop Check Payment for a Bill Payment, the Bank will automatically deduct a service fee from the account on which the stop payment was placed. This charge will be incurred each time a stop payment is made.
C. Transaction Fees - If the deposit account from which the payment or transfer is made is a Money Market Account or a Savings account it is charged a per-item fee for excessive debit transactions.
D. Applicable to All Fees and Charges - If you do not have sufficient funds in your account on the date the fee or charge is payable, you authorize the Bank to automatically deduct the payment from your account as soon as funds are available.
A User ID and Password will be issued to you for security purposes. The User ID and Password is confidential and should not be disclosed to third parties. You are responsible for the safekeeping of the User ID and Password. You agree not to disclose or otherwise make the User ID and Password available to anyone not authorized to sign on your accounts. You represent that you have considered the security procedures of the Online Banking Service and find that the security procedures are commercially reasonable for verifying that a Bill Payment, Transfer or other communication purporting to have been issued by you is, in fact, yours. In reaching this determination, you have considered the size, type and frequency of Bill Payments, Transfers or other communications that you anticipate issuing to the Bank. If the Online Banking security procedures are not, in your judgment, commercially reasonable, you must inform the Bank within thirty (30) days. If the size, type and frequency of your Bill Payments and Transfers change, and the result is that the Online Banking Service security procedures cease to be commercially reasonable, you must also inform you of this within thirty (30) days.
You will notify the Bank and change your password immediately if you believe that your User ID and/or Password has become known to an unauthorized person. If you suggest that an unauthorized transfer or payment may have occurred, the Bank may require you to sign an affidavit. You could lose all the money in your deposit account(s) accessed through the Online Banking Service (plus your maximum overdraft line of credit, if any) if you don’t inform the Bank that your User ID and Password have become known to an unauthorized person. If you tell the Bank within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if an unauthorized person used your User ID and Password to access the Online Banking Service without your permission. If you do not tell the Bank within two (2) banking days after you have learned that the User ID and Password have become known to an unauthorized person, and the Bank can prove that you could have stopped someone from using your User ID and Password without your permission if you had told the Bank, you could be liable for as much as $500.00. Also, if your statement shows electronic funds transfers that you did not make, you will notify the Bank immediately. The Bank may require you to provide your complaint in the form of an affidavit. If you do not tell the Bank within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if the Bank can prove that it could have stopped someone from taking the money if you had told the Bank in time. If a good reason (such as a long trip or a hospital stay) kept you from telling the Bank, the Bank may extend the time periods.
If you believe your User ID and Password have become known by an unauthorized person, or that someone has transferred money or made payments without your permission, you will call – Contact your frequented Spirit of Texas Bank location (phone numbers and addresses are listed at www.spiritoftexasbank.com ) as soon as you can.
If the Bank does not send a payment or make a transfer on time, or in the correct amount according to your instructions given in accordance with this Agreement and Disclosure, the Bank will be liable for damages caused. However, there are some exceptions. The Bank will not be liable, for instance, if:
A. Through no fault of the Bank, your account does not contain sufficient funds to make the payment or transfer
B. The payment or transfer would go over the credit limit on your overdraft line of credit;
C. The equipment, phone lines, or computer systems were not working properly or were temporarily unavailable.
D. Circumstances beyond the Bank’s scope of control, such as fire or flood, prevented the payment or transfer, despite reasonable precautions that the Bank has taken;
E. A court order or legal process prevents the Bank from making a transfer or payment;
F. If the Bank has a reasonable basis for believing that unauthorized use of your User ID and Password, or designated accounts have occurred or may be occurring or if you default under any agreement with the Bank or either the Bank or you terminate this Agreement;
G. The payee does not process a payment correctly, or in a timely manner;
H. There may be other exceptions stated in the Bank’s agreement with me.
If any of the circumstances listed above in subsections (C) or (D) shall occur, the Bank shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct transactions that have incorrectly been processed.
You will – Contact your frequented Spirit of Texas Bank location (phone numbers and addresses are listed at www.spiritoftexasbank.com ) as soon as you can, if you think your statement or receipt is wrong or you need more information about a Bill Payment or a Transfer. The Bank must hear from you no later than sixty (60) days after the Bank sends the statement on which the problem or error appeared. A statement is considered to have been sent when it is first made available and I must:
B. Describe the error or payment you are unsure about, and explain as clearly as you can why you believe it is an error or why you need information;
C. Tell the Bank the dollar amount of the suspected error;
D. If you tell the Bank orally, the Bank may require that you send your complaint or question in writing. The Bank may require you to provide your complaint in the form of an affidavit. The Bank will inform you of the results of its investigation within ten (10) business days (20) business days if it involved a new account) after it hears from you and will correct any error promptly. If the Bank needs more time, however, it may take up to forty-five (45) days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign initiated transfer) to investigate your complaint or question. If the Bank decides to do this, it will re-credit your account within ten (10) business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have use of your money during the time it takes you to complete the Bank’s investigation. If the Bank asks you to put your complaint or question in writing and the Bank does not receive it within ten (10) business days, the Bank may not re-credit your account. If the Bank determines that there is no error, the Bank will send you a written explanation within three business days after it finishes its investigation. You may ask for copies of the documents that the Bank used in your investigation. Other Problems: If you believe an error other than an electronic funds transfer problem has occurred concerning a deposit account or if you have a problem regarding a credit account accessed by an ATM Card, you will refer to your monthly statement for instructions regarding how to have the Bank resolve your question or correct an error
The Bank will disclose information to third parties about your account and the payments or transfers you make:
B. In order to verify the existence and the condition of your account for a third party, such as a credit bureau or merchant;
C. In order to comply with government agency or court orders;
D. if you give the Bank your written permission; or
E. as otherwise permitted in the Bank’s Deposit Agreement and Disclosures, by law, or as required by government regulations.
B. Periodic Statements - Information concerning Online Banking Service transactions will be shown on your normal statement for the account to and from which transfers or payments are made. You will get a statement monthly, unless there are no electronic funds transfers in a particular month. In any case, if your account is a checking, savings, or money market, you will get a statement at least quarterly.
C. Recurring Deposits - If you have arranged to have deposits made to a deposit account at least once every sixty (60) days from the same person or company, you can find out whether or not the deposit has been made through the Online Banking Service. Or, you can call Customer Service at 877-3366-1836 or any Spirit of Texas Bank location to find out whether or not the deposit has been made.
You are responsible for complying with all terms of this Agreement and Disclosure and the regulations governing the deposit accounts which you access using the Online Banking Service. The Bank can terminate your the Online Banking Service
privileges without notice to you if you do not pay any fee required in this Agreement and Disclosure when due or if you do not comply with those agreements. The regulations governing your deposit account are set forth in the Bank’s Deposit Agreement and Disclosures, a copy of which is available from any branch location.
The Bank may change this agreement at any time. The Bank may add, delete or amend terms or services. The Bank will mail or deliver a written notice to you at least 30 days before the effective date of any change in a term or condition disclosed in this Agreement and Disclosure if the change would result in increased fees or charges, increased liability for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law.
When you use any of the Online Banking Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire agreement.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE ONLINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
In addition to this Agreement, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either this service or products which may be accessed via this service, including, but not limited to, all account agreements, end user license agreements, and with all applicable State and Federal laws and regulations. To the extent there is a conflict between the terms of this Agreement and your applicable account agreements with us, or any end user license agreements (“EULA”) provided in conjunction with your use of the Software, the terms of your account agreement, or EULA, as the case may be, will control except as may be otherwise stated herein.
We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to the Online Banking Service, in whole or part, at any time for any reason without prior notice, including but not limited to, your failure to access the Online Service for a period of three (3) months or greater.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Upon termination, you shall immediately discontinue use of the Online Banking Service and delete any applicable copies.
Not all of the products or services, or functionality of those products and services, described on the Site(s) are available in all geographic areas. Therefore, you may not be eligible for all the products or services described. We reserve the right to determine your eligibility for any product or service.
In the event of a dispute arising under or relating in any way to this Agreement or to the Online Banking Service provided under this Agreement, you and we agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between what one of our employees says and the terms of this Agreement, the terms of this Agreement shall control.
You acknowledge and agree that you are personally responsible for your conduct while using the Online Banking Service and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Online Banking Service or the use of the Online Banking Service by anyone using your Card number, account number, PIN, User ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.
Our records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive. Unless otherwise prohibited by law, any communication or material you transmit to us via the Site or electronic mail is on a non-confidential basis and we may use such communication or material for any purpose consistent with our Privacy Notice, including reproduction, publication, broadcast and posting. We are entitled, but not obligated, to monitor, retain and review all communications, including those by telephone, e-mail and other formats, for reasonable business purposes, such as to survey the quality of service that you receive, to assure compliance with this Agreement and industry regulations and to maintain the security of the Online Banking Service.
You agree to provide a valid e-mail address so that we may send you certain information related to the Online Banking Service. As part of the Online Banking Service, you agree we may send you emails regarding benefits and features that you have a right to receive in connection with the Online Banking Service. To service and manage any of your account(s), or the services offered through the Online Banking Service, we may contact you at any telephone number or email address you provide or any number where we believe we may reach you.
When you give us your mobile phone number, we have your permission to contact you at that number about all your Spirit of Texas Bank accounts. Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and account service calls, but not for telemarketing or sales calls. It may include contact from companies working on our behalf to service your accounts. Message and data rates may apply. You may contact us anytime to change these preferences.
You agree that you will not transmit securities trade orders or any other transactional instructions to us using electronic mail. You acknowledge that we will not act upon orders or instructions transmitted through electronic mail and that we may not be in a position, by virtue of time zone difference and otherwise, to respond to your communications sent by electronic mail within the time frame contemplated by you
Please note that upon submission, any suggestion, idea, proposal or other material you provide to us becomes our property without limitation or further consideration.
This Agreement and its enforcement shall be governed by the laws of the State of Texas, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s), products and services accessed via the Online Banking Service shall be governed by laws of the applicable account agreements.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part 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.
If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
Your enrollment in the Online Service may include access to some products and services through a mobile device or via the Spirit of Texas Mobile App (“Mobile Banking Services”). By using the Mobile Banking Services, you agree to the following terms. You agree that we may send you information relative to Mobile Banking Services through your communication service provider in order to deliver them to you and that your communication service provider is acting as your agent in this capacity. You agree to provide a valid phone number, e-mail address or other delivery location so that we may send you certain information about your applicable account or otherwise related to the Mobile Banking Services. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.
You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other move money transactions, through the Mobile Banking Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Banking Services. Additionally, not all of the products, services or functionality described on the Site(s) and the Agreement are available when you use a mobile device. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. We reserve the right to determine your eligibility for any product, service, or functionality. Information available via the Mobile Banking Services, including balance, transfer and payment information, may differ from the information that is available directly through the Online Banking Service and Site(s) without the use of a mobile device. Information available directly through the Online Banking Service and Site(s) without the use of a mobile device may not be available via the Mobile Banking Services, may be described using different terminology (including capitalized terms used in the Agreement or on our Site(s), or may be more current than the information available via the Mobile Banking Services, including but not limited to account balance information. The method of entering instructions via the Mobile Banking Services may also differ from the method of entering instructions directly through the Online Banking Service without the use of a mobile device. Processing of payment and transfer instructions may take longer through the Mobile Banking Services. We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking Services. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any app store.
Account information provided to you as part of the Online Banking Service is not the official record of your account or its activity. Your account statement, furnished to you by us in a paper format, or electronically if you are enrolled in paperless statements service, will remain the official record. The Online Banking Service information is generally updated regularly, but is subject to adjustment and correction and therefore should not be relied upon by you for taking, or forbearing to take, any action.