Online Banking Service Agreement
This Online Banking Service Agreement ("OBSA" or "Agreement") contains terms and conditions that govern the use of Classic Bank's Online Banking Services; including Personal Internet Banking and Business Internet Banking, Bill Pay, and other electronic or digital services that we may offer now or in the future ("Services"). This Agreement also documents your consent to conduct transactions electronically; and to receive periodic statements, and disclosures, notices and other communications ("Notices") regarding Classic Bank's products and services electronically, if you affirmatively consent to electronic delivery.
The words "you" and "your" refer to each Classic Bank account holder who is a natural person or a business entity and each person who uses Classic Bank's Online Banking Services for that account with the account holder's authorization or permission.
The words "we," "us," and "our" refer to Classic Bank, N.A., (Classic Bank), the depository bank holding your account(s).
The terms and conditions of your deposit account(s), loan account(s), or any other account established at Classic Bank (Account), as well as other disclosures including but not limited to Electronic Funds Transfer, Expedited Funds Availability, and Privacy remain effective. Your acceptance of this Agreement does not alter any terms or conditions of other agreements governing your Account.
If you use Services primarily for business purposes, certain provisions of this Agreement may not apply to you because certain provisions only apply to the Bank's customers who establish accounts primarily for personal, family or household purposes ("Consumer Customers").
In order to utilize the Services, you must have a computer and obtain access to the Internet with compatible hardware, software and web browser. We require that you use a web browser that supports adequate security measures including SSL encryption technology or additional security measures as we may require. A list of supported operating systems and browsers may be found at www.classic.bank. You will also need to have Adobe Acrobat Reader version 6.0 or newer to access pdf documents. Obtaining and maintaining adequate Internet access is your responsibility, and you are solely responsible for all Internet Service Provider ("ISP") fees and costs. You understand that Classic Bank is not responsible for any computer virus or related problems that may be associated with your use of the Internet in general or your use of the Services.
If you choose to activate the optional Mobile Banking Services, you must have a mobile device with SMS text message functionality and/or ability to access the Internet via a web browser, as well as any other compatible wireless hardware and software necessary to operate such mobile device. You understand that you must also have a mobile device wireless service plan with a suitable mobile device service provider of your choice. You understand that your mobile device service (including mobile device internet connection) is not part of the Services or the optional Mobile Banking Services. You understand that you are responsible for acquiring, maintaining and operating your mobile device and its related hardware and software and for all associated costs and expenses, including, without limitation, all fees you incur for data transfers and as a result of sending and receiving SMS text messages through your mobile device service. You assume full responsibility for ensuring these requirements are met in the event any changes are made to your existing mobile device and/or the associated service plan. You understand that we are not responsible for any of your mobile device errors or failures, or its software and we are not responsible for any viruses or related problems that may be associated with your use of the Services via our Mobile Banking services.
You must have an eligible account. Eligible accounts for Internet Banking include Classic Bank checking accounts, savings accounts, money market accounts, certificates of deposit, IRAs, consumer or commercial loan accounts. Eligible accounts for Classic Bank's Bill Pay service include Classic Bank checking accounts, savings accounts and money market accounts. Federal law restricts the number of certain transfers from savings accounts and money market accounts to no more than six per month.
Once you consent to this Online Banking Service Agreement (OBSA) you will be able to use electronic Services. If you do not agree, you will not be able to use Services, receive electronic statements, Notices, or apply to open accounts on-line. We reserve the right to suspend or terminate your use of Services.
You may terminate this Agreement and/or one or more of the online banking services that you have selected, including Mobile Banking, at any time with or without cause, upon advance notice to Classic Bank. You may terminate this Agreement, by telephone or by written notice. If by telephone, you must contact Classic Bank's Internet Banking group at 800.789.6461 or at [email protected]
We reserve the right to amend this Agreement at any time, and without advance notice, unless advance notice is required by applicable law or regulations. If advance notice of change(NOC) is required, we will generally deliver the NOC to you by regular USPS mail, by email, or any other permissible method at least 30 days (or in some cases 21 days) before the effective date of change. You agree that Classic Bank is not liable or otherwise responsible if you do not receive a NOC via email because your primary email address of record is invalid, inactive, erroneous, or you have not informed us of a new or corrected email address. Your use of the Services after any changes or amendments are effective constitutes your agreement to be bound by the terms and conditions of the amended Agreement. You may review the most current version of this Agreement anytime at www.classic.bank.
Children should always ask their parent or guardian for permission before sending personal information to anyone online. You understand that only the parent or legal guardian of a child under the age of 13 has authority to access Online Banking Services, even if the account has been established on behalf of that child. If you permit a child under the age of 13 to use our Online Banking Services, or give the child your User ID, Password, or any other credentials or tokens, you understand that you are responsible for all activity the child initiates from or to any of your accounts, even if he or she exceeds your authorization. You understand that you can call our Internet Banking Department at 800.789.6461 or 254.697.6461, or email us at [email protected] if you have any questions or concerns.
At our sole discretion and without limitation, we reserve the right to suspend or terminate, for any reason, and without prior notice (unless required by applicable law or regulation), any and all of the Service listed herein, and any future services provided to you. Termination of this OBSA will cancel any scheduled Transfers and Payments. After 90 consecutive days of inactivity, whether or not there are any scheduled Transfers or Payments pending, your User ID will be revoked. You will need to contact Internet Banking support at 800.789.6461 or 254.697.6461 to have your User ID re-activated.
This OBSA, as it may be amended from time to time, together with any and all addendum and other disclosures or documents incorporated herein by reference (including but not limited to, the deposit account Terms and Conditions of Your Account, and the regulatory disclosures which have been made a part of therein, such as the Electronic Fund Transfers disclosure, and Your Ability to Withdraw Funds disclosure), contains the entire agreement between you and the Bank and supersedes all oral conversations, other communications, and previous agreements, if any, with regard to these services
While we hope that the Services are useful and reliable, you understand that we and our third-party service providers cannot and do not make any representation or warranty: (i) that you will have continuous or uninterrupted access to the Services or any of its information, content or functions; (ii) that the Services will operate on a continuous or uninterrupted basis; or (iii) that any information, content or functions will be error-free. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, CLASSIC BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, AVAILABILITY, CONTENT, FUNCTION, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SERVICES DESCRIBED HEREIN OR PROVIDED. WE ALSO DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, RELATED TO ANY ADVERTISEMENTS OR WEBSITES IN CONNECTION WITH THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU UNDERSTAND THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SERVICES SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AND ADJUST DELIVERY OF THE SERVICES.
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL CLASSIC BANK, OUR OWNERS, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED HEREIN OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED HEREIN OR PROVIDED, EVEN IF CLASSIC BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. IN ANY JURISDICTION WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF CLASSIC BANK, OUR OWNERS, DIRECTORS, OFFICERS OR AGENTS, IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE,INDEMNIFY, DEFEND AND HOLD HARMLESS CLASSIC BANK AND ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, LICENSORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS, FROM AND AGAINST ALL DAMAGES, CLAIMS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD: (i) CONSTITUTE A BREACH BY YOU OF THIS AGREEMENT; (ii) CONSTITUTE INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF INFORMATION, DATA, FILES OROTHER MATERIALS SUBMITTED BY YOU TO THE SERVICES; (iii) CONSTITUTE FRAUD OR MALICIOUS CONDUCT BY YOU; (iv) CONSTITUTE A VIOLATION BY YOU OF ANY LAW OR RIGHTS OF A THIRD PARTY; (v) CONSTITUTE A CLAIM FOR WHICH YOU HAVE AGREED TO PROVIDE INDEMNIFICATION ELSEWHERE IN THIS AGREEMENT; OR (vi) CONSTITUTE A CLAIM FOR DAMAGES FOR WHICH YOU HAVE AGREED ELSEWHERE IN THIS AGREEMENT THAT CLASSIC BANK IS NOT RESPONSIBLE.
GOVERNING LAW; SEVERABILITY
The laws of the state of Texas shall govern this Agreement. You hereby irrevocably consent that all claims or disputes arising out of or in connection with this Agreement and applicable Services shall be heard exclusively by any of the federal or state court(s) of competent jurisdiction located in the Western District of Texas, Waco Division, or Milam County, Texas, USA. If any provision of this Agreement conflicts with the law under which this Agreement are to be construed or if any provision of this Agreement are 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.
ELECTRONIC DELIVERY CONSENT
If you choose to receive online statements and electronic Notices, you have the right to withdraw your consent to receive such at any time by canceling your enrollment in the service. You can do this from the Customer Service section of Online Banking. There is no fee to withdraw your consent to receive online statements and electronic Notices and begin receiving them in paper form. To receive your statements and Notices electronically, you will need access to a computer that satisfies the minimum web browser requirements for online banking. A list of supported browsers can be found at the link provided on page one of this Agreement. You must also have Adobe 6.0 or newer to view statements and Notices in PDF format. Additionally, you will need access to a printer or the ability to download the information, in order to keep copies for your records. By consenting, you understand and agree that you can meet these requirements. We reserve the right to deliver periodic statements and "Notices" on paper rather than electronically. If you wish to receive a paper copy of a disclosure or other information that is delivered to you electronically, please call 254.697.6461, or email [email protected], or write to Classic Bank, P. O. Box 835 Cameron, Texas 76520. Please be as specific as possible regarding the information you are requesting, but do not include nonpublic personal information such as account numbers or Social Security Numbers in email, as it is not secure. Statements and notices will only be mailed to the address we have on file. There is no fee to request a paper copy of a regulatory notice or a copy of the terms and conditions and fees on your account. If you wish to have a paper copy of a statement or check mailed to you, normal research fees will apply. You are responsible for providing us with updated contact information, such as changes in your email address. You can update and change your email address at any time from the Customer Service section of Online Banking.
ONLINE BANKING FUNCTIONS AND GENERAL DESCRIPTIONS OF SERVICES
You may perform unlimited transfers between eligible accounts. You may not make more than six (6) transfers per month from any savings or money market account. All transfers conducted prior to 10:00 PM CT will process on that business day.
You may use online banking to check balances on all deposit and loan accounts.
You may use online banking to view copies of checks and deposit account statements, place stop payments on checks, set up account alerts, and download account information to Microsoft Money, Intuit Quicken, or Intuit QuickBooks.
External transfers allow qualified customers to electronically transfer money between eligible deposit accounts at Classic Bank and other financial institutions that are located in the United States and have a valid ABA routing number. If you use the External Transfer Service, you represent and warrant that you are the owner of the account(s) selected for the External Transfer Service and /or you have been authorized by the owner of the accounts to use this service. External Transfer Services are subject to application and approval once eligibility period has been completed.
- You may use external transfers only to make transfers to and from your eligible Classic Bank accounts and any eligible checking, savings, or money market accounts at Approved Financial Institutions, from which accounts you must be authorized to make withdrawals and you have verified your ownership (Verified Account).
- When you transfer funds from a Verified Account at any financial institution to your eligible Classic Bank account, the funds will not be available for your use or withdrawal until three (3) business days after the transfer is conducted even if the transfer is reflected in your current balance.
- You may only make transfers to and from your eligible Classic Bank accounts and Verified Accounts at other financial institutions for which you have authority to do so. • In any one business day, the total aggregate amount of all transfers to Verified Accounts from eligible Classic Bank accounts cannot exceed $2,500.00. In any one business day, the total aggregate amount of transfers from Verified Accounts to eligible Classic Bank accounts cannot exceed $2,500.00. Other restrictions apply and will be disclosed to you upon approval of External Transfer Services. We may change limits and restrictions at any time without prior notice.
- We may terminate your access to the External Transfer Service without prior notice if:
- Any of your accounts with Classic Bank are not in good standing
- You have had any External Transfers canceled, revoked or incomplete due to insufficient funds, stop payments, revoked authorizations, frozen accounts, or
- Known of suspected fraud, or any other event that creates an unanticipated liability for Classic Bank.
You may opt to receive your periodic account statement electronically. You can enroll for on-line statements by going to the Statement Tab under the Account Tab in Internet Banking. Once this option is selected, your next periodic statement notice will be sent electronically to the email address on record.
An optional service that allows you to schedule one time or recurring payments to third parties. See Bill Pay Service Functionality below for detailed information.
An optional service that provides easy access to the important financial information in your Classic Bank deposit and loan accounts. It provides the functionality from view balance to view and search transactions, and transaction capabilities such as account-to-account transfers. The functions can be expanded when you choose additional optional mobile services that we offer. Our Mobile Banking service can deliver content to all major mobile platforms. See Mobile Banking below for detailed information, and our Mobile Banking Terms and Conditions.
An optional service that enables consumers to use our Classic Bank Mobile Banking app and certain hardware (such as a smartphone or other mobile device) to take a picture of certain checks and Paper Items and transmit the images to us for deposit to their Classic Bank deposit account. Specifications and terms for mobile deposit are in our Mobile Deposit Terms and Conditions.
An optional service that enables consumers to use their smartphone to make purchases in stores, at the table in restaurants, online, and much more.
Account to Account (A2A) Payments through Zelle ®
An optional service that provides a fast and easy way for you to make payments or transfer money between your Classic Bank deposit account and other consumers' accounts held at Classic Bank or at other financial institutions, using our Mobile App. Details are disclosed in our Terms and Use for Zelle®
BILL PAY SERVICE FUNCTIONALITY:
You may make or schedule bill payments as needed. Payments can only be made to payees within the US and its territories. You can make payments to natural persons and businesses.
You may set up payments to pay automatically on an ongoing basis. You set up the frequency, amount and timing of the payment. The amount is fixed and will not change unless you manually change it.
You authorize us to follow your payment instructions. We will deduct your payment from your designated account on the "Send on Date" or up to two business days after the "Send on Date". For Automatic Payments we will deduct your payment from your account on the "Start Date" or up to two business days after the Start Date. We will then initiate payments to Payees. To ensure on-time payments, allow at least 3-5 business days to process most payments; and 7-10 days to process payments by check.
Bill Pay Timing
Bill payment made by 8:00 PM CT Monday through Friday will process on that business day. Payments scheduled on a Saturday, Sunday or federal holiday will auto adjust to the next business day.
Bill Pay Alerts
Customers are automatically alerted by email when certain conditions occur. All alerts will have a description or reason for the alert. An alert will be sent when the following situations occur:
- Funding accounts are set to a pending status for bill payments,
- payment cancelled because of customer activity,
- payment cancelled because of exception conditions, and
- debit returns.
You are responsible for having sufficient and available funds on deposit to make payments and transfers on scheduled dates. We may deduct payments or transfers from your designated account in conjunction with any of the above listed services, even if such creates an overdraft. You are liable for all applicable overdraft fees.
MOBILE BANKING – GENERAL DESCRIPTION OF SERVICES AND CONSENT
Mobile Banking enables you to access your Classic Bank deposit and loan accounts via a mobile device. Mobile Banking enables you to access information on accounts that are tied to your Classic Bank Internet Banking account; including Balance Inquiries, Mini Statements, and Transfers. Once you set up your bill pay accounts (payees) in our optional Online Banking Bill Pay service you may make payments through Mobile Banking. Our Mobile Banking service is offered for free. Your wireless service provider may charge you a fee for access and text messages. Check with your wireless service provider for details on specific fees and charges.
There are three types of Mobile Banking: (1) the downloadable application, (2) the browser application, and (3) the text message (SMS) banking method. You will register for mobile banking on your mobile device. You can download our free Classic Bank app from the iTunes or Google Play Stores. You can also access the mobile web application at www.classicbank.mobi. This mobile site will be redirected to a secure site address of https://m.mbankingservices.mobi/wap/home//en. Short Message Service (SMS) text banking is also available by selecting the service within the Customer Service tab within your Classic Bank Internet Banking account. You will utilize your Classic Bank Internet Banking User ID and Password to access your Mobile Banking account.
In the event your mobile device is lost or stolen, you agree to update your information and make the appropriate changes to disable the use of your registered device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. Additionally, if your mobile device is lost or stolen, you agree to report the loss to your wireless carrier to stop service to that device. Do not report the loss of your mobile device to the bank.
You are responsible for obtaining, installing, maintaining and operating all necessary hardware, software, and Internet access necessary to use these services. Classic Bank is not responsible for failures from the malfunction of your hardware, software or Internet access services. We require your browser to be, at a minimum, 128-bit encryption enabled. If you believe that your Personal or Business Internet Banking ID is subject to unauthorized use or that an unauthorized transaction may be or has been made from a Classic Bank eligible checking account, contact our Internet Banking Department immediately at 800.789.6461, 254.697.6461, or [email protected]
MOBILE DEVICE CONTACT CONSENT
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications--including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system--from us at that number. Your express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your mobile services provider.
You will need to register your mobile device before we are able to send you text messages for the Services that use text messaging.
By registering your cellular phone number for text based services, you expressly consent to receiving text messages related to any of the Services that use such functionality. Message and data rates may apply and you are responsible for any such charges. Message frequency depends on your account settings and the frequency of use of Services. You have the ability to update your contact information and manage your communication preferences at any time by logging in to your Internet Banking account or the Classic Bank App.
If you require assistance for Mobile Banking, you may contact customer support 24/7 at 1-877-580-0235.
To select and begin using our Mobile Banking service, please go to our Mobile Banking Terms & Conditions.