Veritex Community Bank - Electronic Banking Access and Disclosure Agreement and Disclosure
This Electronic Banking Agreement ("Agreement") states the terms and conditions which apply when a Customer accesses information, communications or transactions by Bank through any remote channel including the Bank website. In this agreement, "Bank", "we", "us or "our" refers to Veritex Community Bank and their successors or assigns. “Customer", "you" or "your" shall refer to each person who (i) has an interest in an account which is accessible via the Electronic Banking Services and (ii) any person authorized for such access.
These terms and conditions are in addition to those that apply to any accounts or Services you receive or accept from the Bank. You agree to follow all instructions and procedures applicable to the Electronic Banking Services and Service Addendums covered by this Agreement. Each time you access our System or you permit any other person to access our System, you are agreeing to the terms and conditions that we have set out in this Agreement, as amended from time to time by us. Each time you access our System or you permit any other person to access our System, you are agreeing to the terms and conditions of any instructional material which we provide to you regarding the System. Each time you access our System or you permit any other person to access our System, you are acknowledging receipt and understanding of this disclosure and all other matters set forth herein.
Included in this Agreement are the terms and conditions governing Funds Transfer Services ("Funds Transfer Service Addendum"), as it now exists or may be amended and updated from time to time. If you choose to utilize this service now or at any time in the future, subject to the Bank's approval, you acknowledge the Addendum has been provided to you, and understand the terms and conditions of this and all other agreements and disclosures pertaining to your accounts with the Bank.
You understand all specific account Agreements and disclosures will continue to apply notwithstanding anything to the contrary in this Agreement.
You understand that Funds Transfer Service, as described in the Funds Transfer Service Addendum herewith is fee-based, and you are required to sign a “Wire Transfer Agreement” prior to use of the Service for Domestic Wire Transfer and all International Wire Transfer for any account(s) using this Service.
You agree to and consent to the terms and conditions governing electronic communication (“Electronic Disclosure Agreement Addendum”) included in this Agreement for any disclosures, notices, or statements, in lieu of paper form.
You understand that all Service activation is subject to Bank approval prior to system access.
Introduction. This Agreement governs the terms and conditions covering your electronic access to your accounts and other Electronic Banking Services.
This Agreement is also subject to applicable federal laws and the laws of the State of Texas (except to the extent this Agreement can and do vary such rules or laws). You acknowledged through this Agreement, that neither you nor the Bank on your behalf will initiate any transactions that violate any federal or state laws. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. You may not assign this Agreement. This Agreement is binding upon your successors and our successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.
This Agreement and all Addendums included in this Agreement are in addition to any deposit agreements and other agreements related to the accounts and Services covered by this Agreement. To the extent that the provisions or remedies contained in any agreements or addendums are inconsistent, or in conflict with each other or with this Agreement, the provisions most favorable to the Bank shall control over the less favorable provisions.
Definitions. For purposes of this Agreement, the following terms will be given the following specified meanings:
"Accounts" means those deposit accounts and loans that you maintains with the Bank, and which have been designated by you for electronic access.
"Business Day" means any day on which the Bank is open to the public for carrying on substantially all of its business, excluding Saturdays, Sundays and Bank holidays.
"Services" means the Electronic Banking Service(s) selected by you or otherwise provided to you under this Agreement.
"Administrator" means you or the person designated by you to administer access controls, rights, and authorities on behalf of you.
"Authorized Users" are persons who your Administrator has granted access to the System on behalf of you.
"System" means our Online and Mobile Banking System that is utilized to provide the Services as more fully described in this Agreement.
Customer Information. You have expressed the desire and intent to utilize the Services of the Bank, whether for Personal Use or Business Use or both, which requires that specific information be provided by you before access to Services will be granted.
You agree to provide information to us to initially obtain and to continue to receive the Services requested by you. The information requested by the Bank must be in a form and content satisfactory to us and may include, but is not limited to, the following:
Authorizations, Tax Returns, Financial Statements, Credit Ratings, Test Results, and Document Samples
In the event we determine, in our sole discretion, that any information does not meet our requirements, you will not be eligible to obtain the Services or continue usage of Services until requested information satisfactory to the Bank is provided by you.
Contact Information. You agree to notify Bank immediately of any change in contact information, including e-mail address(s), physical or mailing address, or phone number(s) via the System. You agree that if Bank receives any change request to the contact information, Bank will assume such request is from a person authorized to make such changes on behalf of the Customer. Please allow up to three business days to process the requested changes.
To change contact Information – Navigate to the Address Change menu option under the Settings menu and modify the contact information.
Personal Use. You expressly represent and warrant to us that none of the Personal Accounts that are subject to this Agreement have been established, or are being or will be used, for business purposes. You understand and agree that Services may be used only for personal purposes and are governed by the Electronic Funds Transfer Act.
Business Use. You expressly represent and warrant to the Bank that none of the Business Accounts that are subject to this Agreement have been established, or are being or will be used, for personal, family or household purposes. You understand and agree that Services may be used only for business purposes and are not governed by the Electronic Funds Transfer Act.
Services. The Bank, through its System, will provide you with access via your computer or mobile device to the Electronic Banking System.
User Administration. The first Administrator shall be an authorized signer on the account(s). The Administrator will access the Bank's Self-Enrollment and Register for Online and Mobile Banking at Website (www.veritexbank.com). You may designate one or more persons as Administrator. Your Administrator must establish separate Login ID’s and Temporary Passwords for each Authorized User, as well as limits on each user’s authority to access information and conduct transactions. You assume sole responsibility for the actions of the persons designated by you as Administrators.
Your Administrator has the right and responsibility through the System to control the electronic access to all accounts and services. The Bank is not responsible for managing your Authorized Users System access.
Login IDs. You determine the number of Authorized Users who will be given access to the System on behalf of you. The Administrator will determine user's Login IDs, temporary passwords, and access levels granted to the Authorized Users. Activity of Authorized Users will not be monitored by us, and is the sole responsibility of the Administrator.
Passwords. The Authorized Users will use their assigned temporary Passwords for the first login, but for security reasons will have to change the Password before being given access to the System. Each Authorized User will determine their own Password and will be responsible for the confidentiality and security of their Password. If an Authorized User is not an authorized signer on the account(s), and they forget their password and is unable to reset it using the password reset tool within the System, or is locked out of the System, they must contact the designated Administrator to request the password be reset.
System Access/Security Procedures. In order to access the System, you must have a computer with the capability of accessing the Internet. It is your sole responsibility to obtain, install, operate and maintain your computer and its access to the Internet. You assume sole responsibility for any and all loss, damage or injury arising with respect to any failure of your computer, its associated software and your internet service provider.
You understand and agree that we have no way of knowing whether a person attempting to access the System is an Authorized User except through a combination of Login ID and Password by which access is requested. Therefore, if the designated Login ID and Password match, we are entitled to and will assume that the requested access is from an Authorized User.
Access to certain Services may require additional security measures as deemed appropriate by us.
You agree to establish prudent security standards and policies that include proper safeguards to protect the confidentiality of all Login IDs and Passwords.
Any access, instruction or transaction using a valid combination of a Login ID and Password on behalf of you will be considered to be authorized, authentic, valid and binding upon you. We are fully protected to the extent we act in good faith in compliance with payment orders and other instructions from you which are verified to be pursuant to a valid combination of a Login ID and Password, whether or not authorized by you.
You are strictly responsible for establishing and maintaining the procedures to safeguard against unauthorized access or transactions. You warrant that no individual will be allowed to initiate transactions in the absence of proper supervision and safeguards.
You agree to notify us immediately, followed by written confirmation, of any attempts or suspected attempts of System access by unauthorized persons. The occurrence of unauthorized access will not affect any transfers made in good faith by us prior to receipt of such notification and within a reasonable time period thereafter as required to prevent unauthorized transactions.
You acknowledge that the purpose of security procedures is for verification of authenticity and not to detect an error in the transmission or content of a transfer. Any security procedures for the detection of errors are provided for your convenience only. We have no duty to discover or report any such errors to you, nor are we liable to you for the failure of such security procedures.
If you suspect or believe any security procedure has been compromised, you will immediately contact us.
You agree that our security procedures are reasonable in the context of your operations, requirements and internal procedures.
System Requirements. User will fulfill and maintain the following equipment/access requirements:
For Online Banking Users:
- A valid, active email address and telephone number
- Standard PC or Mac (Pentium IV/1 GHz processor or higher/500 Mb RAM or greater)
- Microsoft® Windows Vista SP2/7 or Mac OS-X
- Cable, DSL or ISDN Internet connection (dial-up supported for basic consumer users only)*
- A web browser with 128-bit encryption level, such as the latest versions of MS Internet Explorer, FireFox or Safari
- Security, anti-virus and Spyware with updates applied
- A PDF reader, such as Adobe Acrobat version 10.0 or higher, will be needed to view the E-Statement and Electronic Notices (a free download of this software can be found at www.adobe.com).
* Satellite cable connections often have difficulty supporting encrypted (HTTPS) applications. Because online banking is HTTPS encrypted for the safety of your financial information, some satellite cable connections may exhibit slow response.
Note from Microsoft:
Important notice for users of Windows XP: The support for your product ended April 8, 2014! There will be no more security updates or technical support for the Windows XP operating system. It is very important that customers and partners migrate to a modern operating system such as Windows 8.1.
You understand that from time to time, software and hardware upgrades may be necessary for continued use of the System.
For Mobile Banking App Users:
Not every mobile device supports all the features of the Veritex Mobile Banking App. A device’s operating system and capabilities affect the overall functionality. Devices and their infrastructure change rapidly and this list is presented as help suggestions.
Features recommended for best performance:
- Operating System – iOS (7.0+) or Android OS (Versions 4.1+)
- Camera Specs – rear-facing, auto focus with 5+ megapixel resolution (For Mobile Deposit Capture functionality)
- Connectivity - 4G LTE or Wi-Fi
- Display Resolution – 1024x768+
- Location Services – GPS enabled/native mapping app enabled (For Branch/ATM location functionality)
Note: A valid, active email address and telephone number is also needed for the Mobile Banking App
Detect Safe Browsing (DSB). As a courtesy to Veritex online banking users, we provide Detect Safe Browsing (DSB) from Easy Solutions/Cyxtera security software. DSB is a security software application that provides an additional layer of protection for online transactions and identity theft. You can use DSB to protect your web browser sessions with most websites that contains private or personal information.
If you choose to download and install DSB security software you agree with all Easy Solutions/Cyxtera terms and conditions. Veritex Bank is not responsible for, nor do we guarantee, the content or services associated with this product. You also agree to hold us harmless for any loss or damage as a result of downloading and installing DSB.
All problems, questions or concerns regarding DSB security software must be directed to Easy Solutions/Cyxtera Support at https://www.easysol.net/.
Rejection of Services Requests. The bank has the right to reject any Service request that is incomplete or inaccurate in any respect, or if we suspect fraud in the transaction, or if completing the transaction will subject the Bank to competing claims, or for any other reason, or for no valid reason. Furthermore, we have the right to reject any request involving a transfer of funds from an Account that has insufficient available funds to cover the request or if the available funds are contested by a third party or enjoined by a court order or similar mandate.
Account Inquiry. This Service provides information to you about one or more specified accounts, including account balances, transactions, and history. You determine the accounts accessible through the Electronic Banking Service.
Fees and Charges. You agree to pay such fees and charges for use of our Electronic Banking Services as are set forth in the "Schedule of Service Charges and Fees" as it may be amended from time to time. We may amend the type and amount of such fees and charges at any time upon 30 days' prior notice to you.
Amendments. From time to time, we may amend any of the terms and conditions contained in this Agreement and the related Service Addendums. Amendments will become effective not less than 30 days after notice to you via secure messaging within the System.
You are responsible for reading all messages sent to you through the System. Furthermore, there will be new addendums and/or agreements provided through secure messaging. Should the addendum or agreement apply to changes to an existing online service or be applicable to a new online service, your use of said service(s) will constitute your acknowledgement of said addendum and/or agreement.
From time to time, you may wish to add or remove accounts or Services that you can access through the System. You assume all responsibility for adding or removing accounts from our Electronic Banking Services.
Termination. The Customer may terminate this Agreement or any Addendum to the Agreement at any time upon prior written notice to the Bank. The Bank may terminate your use of this Agreement or any Addendum to the Agreement at any time, with or without cause. The Bank may suspend or terminate your System access or use of any Service without prior notice to you if you breach any agreement with us.
We may routinely terminate Electronic Banking services for customers that have not used the service within the first 30 days after activation or if the use of the service has been inactive for a year without notice to you.
The Bank is not responsible for any fixed payment made before we have a reasonable opportunity to act on your termination notice.
You remain obligated for any payments made by the Bank on your behalf.
Customer Responsibilities. You are solely responsible for the timeliness, accuracy and completeness of any instruction and information entered by your Authorized Users in connection with any Service. Furthermore, Customer is solely responsible for naming Authorized Users, specifying those accounts and Services to which each Authorized User will have access and monitoring all Authorized Users' use of those Services. We will have no responsibility for maintaining any records regarding the identity of the Authorized Users or of the Services to which each Authorized User has access.
You agree that you are solely responsible for the risks associated with disclosure of any Login ID or Password and the unauthorized use of Services.
Bank Responsibilities and Limitation of Liability. We agree to provide you with access to Services in accordance with the provisions of this Agreement. However, we make no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with Services provided under this Agreement. We do not and cannot warrant that the System will operate without errors, or that any or all Services will be available and operational at all times. To the maximum extent allowed by law, you agree that no Bank officer, director, employee, agent, or contractor is liable for damages under or by reason of any Service provided under this Agreement.
You further agree that we are fully protected and released from any liability in performing any and all Service transactions entered under valid Login IDs and Passwords, whether or not the person actually entering such transactions is authorized by you to perform such transactions.
To the maximum extent permitted by law, we will not be liable for events or circumstances beyond our reasonable control and our liability will be limited to correcting errors caused by us. In any event, our sole liability for damages to you for any cause whatsoever and regardless of the form of action will be limited to direct damages sustained by you only to the extent that such damages are the direct result of our own gross negligence or willful misconduct. Further, in no event will our liability to you for loss or damages (i) exceed the amount of the payment or transfer order for a transfer of funds which is not properly or timely executed or (ii) for other claims exceeding the amount paid by you for the Services provided to you for the six months immediately preceding the event(s) giving rise to the claim.
Under no circumstances shall we be liable to you or any third party, whether in contract or in tort, for any consequential, exemplary, punitive, multiple, special or incidental losses or damages whatsoever, including, without limitation, any loss of revenue, goodwill or profits or claims by third parties against you or otherwise in connection with, related to, based upon or arising out of this Agreement or any of the Services to be provided under this Agreement, or any performance or non– performance of this Agreement.
In connection with a transfer of funds or other transaction subject to Article 4A of the Uniform Commercial Code and the laws of the State of Texas, the Bank will not be liable for any expense, claim, loss, damage, or cost (collectively, "Damages") arising out of or relating to the Bank's performance under this Agreement other than those Damages required to be paid under Article 4A; provided, however, we shall not be liable for any such Damages to the extent otherwise disclaimed or reduced in this Agreement.
Corporations, Partnerships and Other Entities. If the Customer is a corporation, partnership, limited liability Company, or other entity, we are not obligated to act pursuant to this Agreement until appropriate resolutions, and other documentation as requested by us have been delivered to the Bank to establish the authority of the person(s) authorized to act on behalf of such entity.
Indemnity. You agree to indemnify and hold the Bank, its officers, directors, agents and employees harmless from and against all damages, losses, claims, liabilities and expenses (including reasonable attorney's fees) (collectively "Claims") incurred by or asserted against any of them to the extent they are acting in good faith and the Claims arise out of a Service under this Agreement provided pursuant to valid Login IDs and Passwords.
Communications between Bank and Customer. Unless this Agreement specifies otherwise, communications will be as follows:
You may direct communications to us by any of the following:
- Customer Service at 469-443-9912.
- Mail addressed to Veritex Community Bank, Customer Support, 17950 Preston Rd, Dallas TX 75252.
- Use Secure Messaging within the Online and Mobile Banking System
We may direct communications to you by notification to your designated Authorized Users.
Recording and Use of Communications. You and the Bank agree that all telephone conversations, e-mails, or data transmissions between such parties or their agents made in connection with this Agreement may be electronically recorded and retained by either party by use of any reasonable means.
Consent to Electronic Delivery of Notices. You agree that the Bank may provide certain disclosures and notices to User in electronic form by posting the notice on the Bank's web site, Electronic Banking Secure Messaging or by e-mail, in lieu of paper form, including electronic delivery of disclosures. You agree to notify us immediately of any change in your or your Administrator's e-mail address.
Right to Receive Agreement in Printed Form. You may request a printed copy of the Veritex Community Bank - Electronic Access Agreement and Disclosure Statement. To receive a printed copy of this agreement, contact Customer Support at 469-443-9912 or mail your request to Veritex Community Bank, 17950 Preston Rd, Dallas TX 75252.
WAIVER OF JURY TRIAL. THE PARTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY KNOWINGLY, INTENTIONALLY, IRREVOCABLY, UNCONDITIONALLY AND VOLUNTARITY, WITH AND UPON THE ADVICE OF COMPETENT COUNSEL, WAIVE, RELINQUISH AND FOREVER FORGO THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO THE AGREEMENT, THE NOTE OR ANY OTHER DOCUMENT EXECUTED IN CONNECTION HEREWITH OR ANY CONDUCT, ACT OR OMISSION OF BANK, OR ANY OF ITS DIRECTORS, OFFICERS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS OR ATTORNEYS, OR ANY OTHER PERSONS AFFILIATED WITH BANK WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE
Governing Law. This Agreement shall be governed by the laws of the state of Texas.
Funds Transfer Service Addendum
This Funds Transfer Service Addendum is an Addendum to and supplements the Electronic Banking Agreement (the "Agreement" as therein defined) with respect to the terms and conditions defined herein.
This Funds Transfer Services Addendum will apply to the transfer of funds from your account(s). Terms not otherwise defined herein shall have the meanings assigned to such terms in the Agreement.
The Customer hereby requests the Bank to transfer funds from and to the Customer's account(s) pursuant to instructions transmitted to Bank electronically and to charge your account on the terms and conditions set forth in the Agreement.
Customer may designate authorized representatives for this service via the Online Banking System setting internal rights and limits, if applicable. For initiation of such Transfers, Bank may require possession of a Token, a device capable of receiving a one-time Secure Access Code, or the identification of registered computer. Customer agrees to safeguard Token and take reasonable steps to prevent its unauthorized use. Customer accepts responsibility for failure to safeguard Token. Customer’s Token should be kept separate from password and User ID. Customer must notify Bank immediately if Token is lost or stolen, password has been compromised, or you experience unauthorized activity. We may request you put your report of unauthorized activity in writing. Failure to do so may delay or void your claim. Customer is liable for the cost of a damaged, lost or stolen Token.
Authorizations. You hereby authorize the Bank: to execute and charge to your accounts all transfer instructions transmitted by you in accordance with the Agreement; to transfer funds in accordance with the Agreement (i) from your specific accounts with the Bank to any other of your specified bank accounts, whether such accounts are with the Bank or other banks or financial institutions, and (ii) from your accounts with us to any accounts of a third party, whether such third party accounts are with the Bank or other banks or financial institutions; in our sole discretion, to record mechanically any voiced instructions transmitted to the Bank; in our sole discretion, to execute a funds transfer instructions transmitted by you (or others) in any order convenient to the Bank, and (unless you request otherwise with respect to specific transfers of funds) to select such means and routes for the transfer of funds as we consider appropriate under the circumstances, and to charge you (i) such reasonable funds transfer fees as we may impose from time to time in accordance with our customary pricing policies, and (ii) any direct or indirect transfer charges incurred by the Bank arising out of our execution of your funds transfer instructions. In our sole discretion, such charges may be assessed directly against your accounts, or may be imposed or charged to you indirectly through account analysis and balance requirements. This debit advice will be provided to Customer through the Bank’s Online Banking System under Account Transaction History. Customer acknowledges that the Bank’s Online Banking System is a reasonable method of delivery of debit advice.
Instructions. All funds transfer instructions shall be originated by electronically transmitting to the Bank the following information: the name of your Authorized User transmitting the instruction; the dollar amount of the instruction; the account number of the Customer to be debited; the account number to be credited; and (if applicable) the Customer's name or originator if not the same; the bank or other financial institution at which the beneficiary's account to be credited is located; the name of the beneficiary maintaining the account and any subsequent beneficiary; any other information we request.
You may execute a repetitive transfer through the Bank's Electronic Banking Services.
Certain funds transfers may require a callback verification to verify authenticity of the transaction at a pre-determined phone number in Bank’s record. Callback verification may be on a recorded line. Customer accepts and consents to Bank recording telephonic communication.
Security Procedures. All funds transfers shall occur only after compliance with the security procedures followed by the Bank and as set forth in the Agreement. You understand the security procedures and expressly agree that the security procedures are reasonable in the context of your operations, requirements and internal procedures.
Daily Deadlines. The Bank shall be entitled to establish daily deadlines for the transmission of a funds transfer instructions We shall use our reasonable best efforts to execute on the day received all instructions transmitted to the Bank before the daily deadline, but shall not be responsible to you or others for delays in the execution of instructions, including, without limitation, delay until the Bank's next business day of execution of instructions received late in the day, or delay occasioned by the fact that such day is not a business day for any communications facility or other bank though which such instructions are routed. We shall be entitled, in our sole discretion, to change daily deadlines without notice; however, we agree to use our reasonable best efforts to promptly notify the Customer of any such change.
Deadlines for Funds Transfers completed by wire transfer are posted in the Bank’s Online Banking System.
Finality of Instructions. You will have no right to reverse, revoke or alter a funds transfer instruction after such time as any action implementing the execution of such instruction, including electronic or computerized processing thereof, has been initiated by the Bank, except upon mutual agreement. Except upon its own initiative or upon instructions there for, the Bank shall have no obligation to request a return of funds from any third-party transferee or intermediary transfer agent, regardless of the extent, if any, of irregularity, erroneousness or lack of authority for such transfer.
Reliance on Instructions. We may rely on the account number in a payment order originated by you that identifies the intermediary bank or beneficiary's bank, even if we identify a bank different from the bank identified by name in the payment order if. We have no duty to detect any such inconsistency in identification. Payment of a funds transfer originated by you may be made by the beneficiary's bank on the basis of an identifying or bank account number, even if it identifies a person different from the named beneficiary.
You assume full responsibility for any inconsistencies between the name and the identifying number of any credit party. The beneficiary's bank has no duty to detect any such inconsistency in identification.
Transfer Confirmations; Bank Statements. The Customer shall promptly review and reconcile all transfer confirmations and bank statements received from the Bank. You agree to promptly report in writing any error in connection with any funds transfer or other electronic fund transfer ("EFT") transaction or any discrepancy between your records and any notice or information sent to or received by you relating to an EFT transaction. You acknowledge that the Bank’s Electronic Banking System is a reasonable method of delivery of transfer confirmations. You agree that for the purposes of Article 4A of the Uniform Commercial Code ("Article 4A"), a reasonable time to notify the Bank of the relevant facts concerning an unauthorized or erroneously executed funds transfer is the earlier of (i) within ten (10) days after your receipt of bank statements which reflect the debit or check related to the funds transfer or (ii) within ten (10) days after you receive a transfer confirmation or other actual knowledge or notice that the funds transfer was accepted or executed.
A confirmation of an funds transfer or a bank statement, sent or made available to you by any reasonable method, is conclusively presumed to have been received by you five (5) days after such funds transfer confirmation or bank statement was sent by the Bank.
Funds Transfer to Customer. Anything to the contrary notwithstanding, if the Bank accepts a payment order in which the Customer is the beneficiary, we may, but shall not be obligated to, notify you of such acceptance unless the Bank has otherwise expressly agreed in writing to provide such notice.
Overdrafts. The Bank shall have no obligation to execute funds transfer instructions if the collected balance of the account to which such instructions relate is not sufficient to complete the transfer. The Customer shall be liable, and shall upon demand promptly reimburse the Bank, for any amount transferred in excess of the collected balance in any of the Customer's accounts
International and Foreign Currency Transfers. Upon your request we agree to transmit funds to a foreign country in United States Dollars, or in such other available currency as you may request. You acknowledge that it may not be within our control to cause payment to the final recipient to be made in United States Dollars, or in such other currency requested by you, and you agree to assume the risk of any loss due to the rate of exchange between currencies in the event the transfer is converted into another currency. Unless you otherwise instruct the Bank, reasonably in advance of the Bank's receipt of a transfer, we shall be at liberty to convert to United States Dollars any transfer in a currency other than United States dollars received by the Bank for your account, at the prevailing market rate of exchange for conversion to United States Dollars from such other currency.
Limitations of Liability. General Limitation the Bank's liability for EFT services and other pay orders electronically transmitted to the Bank or for any act or failure to act hereunder shall be strictly limited to the liability imposed by Article 4A as the same may be modified or limited hereunder.
Consequential Damages. Under no circumstances shall we be liable to you or any third party, whether in contract or in tort, for any consequential, exemplary, punitive, multiple, special or incidental losses or damages whatsoever, including, without limitation, any loss of revenue, goodwill or profits or claims by third parties against you or otherwise in connection with, related to, or based upon wire transfer or other electronic fund transfer services, or any performance or nonperformance of the Agreement or this Addendum.
Error Detection. Any security procedures from time to time established by the Bank for the detection of errors by you relating to amount, identification of beneficiary or duplicate transmission, are provided for your convenience only. The Bank shall have no duty to discover or report to you any such error, nor shall we be liable to you for the failure of such security procedures to detect such Customer errors, regardless of the manner in which security Procedures are applied by the Bank.
Force Majeure. Except to the extent required by Article 4A, the Bank shall not be responsible for any liability, loss or damage resulting from any priority or delay in execution of or failure to execute, any wire transfer instructions transmitted to the
Bank, or to perform any other obligations under this Agreement or this Addendum or for any delay, which is caused by an act of God, fire, floods, adverse weather conditions or other catastrophes; war, sabotage, riots, acts of public enemy, or acts of governmental authority, labor difficulties; equipment or computer failure or destruction, or the unavailability, interruption or malfunction of communications facilities or utilities; delays or failure to act by the Customer or recipients of transferred funds and their personnel; criminal acts; or generally any cause reasonably beyond our control.
Reimbursement: Any reimbursement by the Bank for any liability hereunder may be made either directly to Customer or by adjustment of the aggregate ledger and collected balances of the Customer's accounts.
Indemnification/Release of Liability You agree to indemnify and hold the Bank, its officers, directors, agents and employees (collectively the "Bank Group") harmless from any and all damages, losses, claims, costs, lawsuits, liabilities, fees and expenses, including reasonable attorney's fees and expenses (the "Damages") imposed upon, incurred by, or asserted against any of them (1) by reason of or in connection with a breach by Customer of any provision of this Agreement, or (2) by reason of or in connection with payment orders, electronic funds transfer, and other services covered by this Agreement, except for those Damages which have not been waived and which result directly from the gross negligence or a failure to act in good faith of a member of the Bank Group.
To the maximum extent permitted by law, members of the Bank Group will not be liable for events or circumstances beyond their reasonable control, and the liability of the members of the Bank Group will be limited to correcting errors caused by the members of the Bank Group.
You agree that clerical errors and mistakes in judgment do not constitute negligence or a failure to act in good faith.
Electronic Disclosure Agreement Addendum
The following disclosures are required by the federal Electronic Signatures in Global and National Commerce Act (“ESIGN”).
Electronic Delivery of Disclosures and Notices. By accepting the following terms and conditions, you (User) have consented and agreed that the Bank may provide disclosures, notices, terms and conditions, and other documents and all changes to the disclosures, notices, etc. to you in electronic form, in lieu of paper form. In order to use Veritex Electronic Banking Services and to access, receive and retain the disclosures, notices, etc. you must provide at your own expense an Internet connected device that is compatible with Veritex Electronic Banking Services. Your device must meet the minimum requirements outlined in this Electronic Banking Access and Disclosure Agreement. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the disclosures and notices electronically each time you access and use Veritex Electronic Banking Services.
Paper Delivery of Disclosures and Notices You have the right to receive a paper copy of the disclosures, notices, terms and conditions, other documents, and any changes. You may receive a paper copy by contacting a local branch or using the 'contact us' form at www.veritexbank.com, or call Customer Support at 469-443-9912, or write to Veritex Community Bank, 17950 Preston Rd, Dallas TX 75252, with your name and mailing address. Be sure to state which document, disclosure notices, etc. you are requesting a copy of. Certain documents such as printed account statements or printed check images may have a fee associated with it, please contact us for current fees.
System Requirements to Retain Information. To retain a copy of the disclosures, notices, terms and conditions, other documents, your device must have the ability to receive e-mails as wells as download and store PDF files.
Withdrawal of Electronic Acceptance of Disclosures and Notices. You can also contact us in any of the ways described in the ‘Paper Delivery of Disclosures and Notices’ section of this addendum to withdraw your consent to receive any future disclosures, notices, terms and conditions, and other documents electronically.
For E-Statements, you may cancel this service and revert back to paper statements at any time by logging on to Veritex Bank Online or Mobile Banking – navigate to the Statement Delivery menu option under the Settings menu and modify User's statement delivery preferences to ‘Paper Statement’ on an account by account basis, agreeing to the terms of the E-Statement Delivery Agreement and then selecting the Save button to complete the opt-out process.