online banking AGREEMENT

Master Agreement and Disclosures



1.       What This Online Banking Agreement Covers

 

This Online Banking Agreement and Disclosure (including, without limitation, any and all exhibits, supplements, modifications, and amendments, this "Online Banking Agreement") governs your use of the online banking service provided by us. With the online banking service, you are able to view your accounts on our online banking website and to perform transactions in those accounts. In order to use the online banking service, you must maintain at least one account in good standing with us and enroll in the online banking service. Treasury Management and other customers, as deemed necessary, may be presented with a differing Online Banking Agreement which govern the use of other electronic banking platforms provided by us.

 

2.       Your Acceptance of This Online Banking AgreemenT

 

When you enroll in the online banking service, or when you use or authorize someone else to use the online banking service to access or perform transactions in your accounts, you agree to all of the terms of this Online Banking Agreement. You understand that this Online Banking Agreement applies to any and all accounts from time to time linked to the online banking service, including accounts you may add (or add again) in the future. Subject to applicable requirements, the online banking service may be used to access and perform transactions in the following types of accounts – checking, savings/money market, certificates of deposit, and loan accounts.

 

3.       Definitions


In this Online Banking Agreement, the words "you" and "your" refer to the customer accepting this Online Banking Agreement and every person or entity with an interest in or authorized to access the accounts linked to the service. The words "we," "us," "our," and "Bank" refer to MapleMark Bank and its successors and assigns. The word "account" means each of your accounts linked to our online banking service. The words "business day" refer to any day that is not a Saturday, Sunday, or a bank holiday. Unless the context indicates otherwise, the word "service" refers to all online banking services being provided to you by us, including, without limitation, the ability to view and perform transactions in your accounts via the online banking website and all other services addressed in this Online Banking Agreement. The word "person" means an individual, a corporation, a partnership, an association, a limited liability company, a trust, or any other entity or organization. The words "account documents" mean, collectively, (i) this Online Banking Agreement; (ii) the
Terms and Conditions of Your Account; (iii) all other agreements, disclosures, documents, riders, supplements, addenda, schedules, exhibits, statements, forms, appendices, and instructions that may now or hereafter govern or relate to any services or products we provide to you; (iv) all content, materials, and features available, made, used, or provided on or through the online banking website; and (v) all renewals, supplements, amendments and modifications of any of the foregoing.

 

4.       Other Agreements and Disclosures

 

This Online Banking Agreement supplements, and does not replace or change any of the terms of, the agreements and other account documents applicable to your accounts, or any disclosure we have made or will make to you. For example, this Online Banking Agreement is in addition to the Terms and Conditions of Your Account, the Truth In Savings disclosure, and the Fee Schedule. You should review all your other account documents for other terms and conditions relating to your account. The terms and conditions of all other account documents are hereby incorporated by reference into this Online Banking Agreement.

 

5.       Riders to this Online Banking Agreement

 

From time to time, you may receive riders to this Online Banking Agreement that relate to specific online banking services. By checking the box to acknowledge the terms and conditions of service, you also accept and acknowledge the terms and conditions of each rider. You should review all riders closely. If there is a conflict between the provisions of any rider and this Online Banking Agreement, the provisions of the rider will control with respect to the specific subject matter addressed in it.

Ancillary Online Banking Services and their accompanying riders include, but are not limited to

§  Mobile Banking and Mobile Check Deposit

§  Bill Payment

§  External Transfers

§  Paperless E-SIGN Disclosure

 

You will be presented with each Rider when enrolling for the corresponding service.  You must review and accept the terms within at the time of your enrollment.

 

6.       Electronic Communications Disclosure and Consent

 

You may elect to obtain disclosures electronically (when available).  You may do so within the ‘Statements’ submenu found within the ‘Accounts’ menu of Online Banking.  Please refer to onscreen directions in order to enroll.  You will be presented with and must agree to the terms of the Paperless E-SIGN Disclosure Rider that governs your receipt of electronic communications.

 

7.       Online Banking Services

 

By checking the box to acknowledge the terms and conditions of service, you authorize us to complete electronically any transfers or transactions submitted by you through the service, including transfers or transactions that would otherwise require your written authorization.

 

You may use the service to do any of the following, subject to applicable restrictions:

§  Get checking account(s) information

§  Get savings account(s) information

§  Get certificate of deposit account(s) information

§  Get loan account(s) information

§  Transfer funds from checking to savings account(s)

§  Transfer funds from savings to checking account(s)

§  Transfer funds from loans (dependent on loan type) to checking account(s)

§  Make payments from checking or savings to loan accounts with us

§  Pay bills (including expedited payments; fees apply) from your checking or savings account(s)

§  Setup bill pay payees and review payment reports

§  Transfer funds from your MapleMark checking or savings to your account at another financial institution Acceptance of and adherence to External Transfers Agreement required.

§  Request stop payments

§  Request contact information changes

§  Setup and maintain service alerts

§  Send secure customer service messages

§  Download account history

§  View electronic statements

 

Some of the above services may not be available to you because of the type of account you have or other restrictions that may apply.  Some services require your enrollment and acceptance of Riders to this Online Banking Agreement.

 

Generally, you will be able to access the service 24 hours a day, seven days a week. You may not be able to access the service if, for example, our system is down for routine maintenance or emergency repairs, and we do not warrant that the service will be available at all times.

 

8.       General Terms and Conditions

 

Your Liability for Unauthorized Transactions. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your

possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission. Also, if you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

 

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.

 

If you believe your user ID or password has been lost, stolen, or used without your permission, call or write to us as follows:

 

Telephone Number:

866-698-5760

 

Mailing Address:

MapleMark Bank

Deposit Operations

Reagan Place at Old Parkland

3963 Maple Avenue, Suite 260

Dallas, Texas 75219

 

For your own protection, we recommend that you not email us to notify us of lost or stolen user IDs or passwords.

 

Your Responsibility to Keep User IDs and Passwords Confidential. You agree to keep your user ID, password, personal identification numbers, and codes secure and confidential. You agree to tell us immediately, and to select a new user ID or password, if you believe your user ID or password has been obtained by someone not authorized to have access to your account. If you give your password to someone, every transaction that person performs in your account is considered to have been authorized by you. You are solely responsible for all transactions that person may perform while using the service, whether or not you authorized a particular transaction. We have no duty to verify the identity of any person who accesses the service using a valid password. We are not liable for any losses resulting from the use of the service by any person to whom you have given your password. If you tell us that a person is no longer authorized to access your account, then only transactions performed by that person after you told us, and after we have had a reasonable amount of time to act on your notice, are considered unauthorized transactions.

 

Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance –

 

§  If, through no fault of ours, you do not have enough money in your account to make the transfer.

§  If the transfer would go over the credit limit on your overdraft line.

§  If the automated teller machine where you are making the transfer does not have enough cash.

§  If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.

§  If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

§  If the funds are subject to legal process or other encumbrance restricting the transfer;

§  If an Account becomes dormant (in which case we may terminate card or code access to that Account); or

§  If your card or code has been revoked due to inactivity or at our discretion.

§  There may be other exceptions stated in our agreement with you.

 

Waiver of Signature Requirements. You agree that any requirement for multiple signatures or authorizations do not apply to accounts linked to the service. You agree that we may honor the instructions of any person who has accessed the service using your password even if your account is a joint account or has a multiple signature requirement.

 

System and Hardware Requirements. You must have the following items in order to use the service:

§  A personal computer;

§  An operating system such as Windows XP, Windows Vista, Windows 7, or Macintosh OS 10.x;

§  An internet browser, such as Microsoft Internet Explorer 8.0 or 9.0, Firefox, or Safari 6.0, with a minimum 128-bit encryption for accessing the internet; and

§  Access to the internet through your internet service provider (ISP).

 

You represent and warrant to us that you have all of the items listed above.

 

In addition, you will find recommended settings to ensure optimal performance here. Your ISP may charge you a fee for its services that are in addition to any fees you may owe us. We are not responsible for errors, failures, or malfunctions of your computer equipment or software, or for the actions of any third party, such as your ISP. You alone are responsible for ensuring your computer equipment and software are installed and maintained correctly, and that your internet service is working properly. We are not responsible for the effects of, or any losses you may incur as a result of, any computer virus or other program or device that infects your system. We are not responsible for maintaining the security of your system while you use the service or for any losses you may incur as a result of any breach of your system security. We are not responsible for losses you may incur because your internet access was not functioning properly.

 

Disclaimer of Warranties. We cannot guarantee that the service or any software provided to you by us or any third party will be available and operational at all times, or that they will function without error or interruption. There will be times when the service is unavailable or software malfunctions.

 

THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY SOFTWARE PROVIDED TO YOU BY US OR ANY THIRD PARTY.

 

Limitation of Liability. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SERVICE; (II) THE USE OF ANY PRODUCT OR SERVICE PROVIDED BY US OR ANY THIRD PARTY UNDER THIS AGREEMENT; OR (III) ANY LOSS OF DATA SUFFERED BY YOU, IN EACH CASE EVEN IF WE OR ANY THIRD PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. If we are ever determined to be liable for damages, our liability will not exceed the amount of fees you have paid us for use of the service.

 

Service Fees and Charges. You authorize us to charge fees and charges for the service to any account you maintain with us. Fees and charges for the service are listed in the Fee Schedule. We reserve the right to change the Fee Schedule at any time, subject to any notice or other requirements under applicable law.

 

Confidential Information. We will disclose information to third parties about your account or the transfers you make:

§  Where it is necessary for completing transfers;

§  In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;

§  In order to comply with government agency or court orders; and

§  As explained in the Privacy Disclosure.

 

Privacy Policy. Please see our Privacy Disclosure for our policy on the use and sharing of information obtained from you.

 

Posting of Transactions. Unless otherwise stated in this Online Banking Agreement, online banking transfers submitted prior to 8:00 p.m. Central Time on a business day will be processed on the same business day. Tranfers submitted after 8:00 p.m. Central Time on a business day, or on a Saturday, Sunday, or bank holiday, will be processed the next business day. Transactions you perform other than through the online banking website, such as in person at a branch, may have earlier deadlines.  Bill Pay, External Transfers and other third-party payments may have earlier cut-off; please refer to Riders for each for specific processing cut-offs.

 

Limitations on Transfers. By Federal law, Savings and Money Market Accounts are limited to a total of six (6) withdrawals per month by automatic or pre-authorized transfer, telephone, online, or mobile banking, or wire transfer. You will be subject to the Excess Items Fee shown in our current Fee Schedule for each transfer in excess of six (6) per month; charged monthly.

 

Repeated withdrawals exceeding the six (6) allowed per month may require us to close the account and re-open it into a checking account that offers unlimited transactions.

 

Please review your other account documents for additional information.

 

Your Right to Stop Preauthorized Transfers. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: call, email, or write us as indicated in the section entitled "Errors or Questions About Your Transfers" (below) in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If we do not receive the requested written confirmation within 14 days after you call, we may consider your stop payment request withdrawn and make all payments as originally directed by you. If you wish to stop all future regular payments to any person, you must state so in your request; otherwise, we will deem the stop payment request to apply only to the payment described in your request. Please refer to the separate schedule of fees for information on the fee for stop payment orders. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

 

Errors or Questions About Your Transfers. In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

 

1.     Tell us your name and account number (if any).

2.     Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

3.     Tell us the dollar amount of the suspected error.

 

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 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 we decide to do this, we will credit your account within 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 the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

 

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

 

You may ask for copies of the documents that we used in our investigation.

 

Stop Payments. You may use the service to place a stop payment order on any paper check in accordance with the Terms and Conditions of Your Account.

 

9.       Your Right to Cancel the Service

 

You may cancel your enrollment in the service at any time (i) by notifying us in writing at MapleMark Bank; Deposit Operations; Reagan Place at Old Parkland; 3963 Maple Avenue, Suite 260; Dallas, Texas 75219; (ii) by sending a secure email to us through the online banking website; or (iii) by calling our Customer Service Center at 866-698-5760. Your cancellation will become effective after we have had a reasonable period of time, but in any event at least three business days, to implement your cancellation request. All payments through the service that remain unprocessed will be canceled. Cancelling your service will not close any accounts you maintain with us. If you cancel the service, you will still be responsible for all payments, transfers, and other transactions existing or pending at the time of your cancellation.

 

10.    Our Right to Cancel the Service

 

We may cancel the service, or your enrollment in the service, at any time for any reason (including, without limitation, for inactivity), with or without notice to you. We will have no liability of any kind to you in the event we cancel the service or your enrollment in the service. If we cancel the service or your enrollment in the service, you will still be responsible for all payments, transfers, and other transactions existing or pending at the time of our cancellation.

 

11.    Our Right to Change this Online Banking Agreement

 

Subject to applicable law, we may change this Online Banking Agreement, or the terms and conditions of the service, at any time, with or without notice to you. We may modify, add new provisions to, or delete existing provisions of, this Online Banking Agreement. Generally, we will notify you in advance of any change and the date upon which the change will become effective; however, if circumstances require the change to become effective immediately, we will notify you as soon as reasonably possible after the change became effective. If you continue to use the service after receiving notification of a change, you acknowledge and agree to the change.

 

12.    Proper Use of the Service

 

You agree that you will not use the service for any activity not permitted under the account documents or for any unlawful, abusive, harassing, libelous, defamatory, obscene or threatening purpose. You agree to immediately stop using the service if we have terminated this Online Banking Agreement or the service, and to stop using the service to access any other services that may have terminated.

 

13.    Alert us of Email Changes

 

You must provide us with a current, accurate email address and other contact information in order to participate in the service. You agree to update us promptly in the event your email address or other contact information has changed. You may notify us of changes to your email address or other contact information by updating your contact information on the online banking website or by calling Customer Service at 866-698-5760. Changing your contact information for online banking does not change your contact information for any other purpose. If you wish to change the contact information the Bank has on record for you, or any contact information we may use for specific services such as the Bill Payment service, you must do so separately.

 

14.    Secure Messaging

 

You may send messages to us regarding your online banking accounts through our secure messaging service, which is accessible from the online banking website. The secure messaging service may not be used for sending email messages to or from anyone other than us. We may not immediately receive or view messages sent through the secure messaging service or by regular email. As a result, we are not liable for taking action on any message sent through the secure messaging service or by regular email until we have actually received and viewed the message and have had a reasonable opportunity to act on it.

 

By enrolling in the service, you agree that you will not use the secure messaging service to conduct transactions in your account. Instead, you will use the appropriate online banking functions to conduct account transactions. You may not use the secure messaging service to tell us about unauthorized transactions or lost or stolen user IDs or passwords. If you believe you have unauthorized transactions in your account or your user ID or password has been lost or stolen, please call or write us as indicated in the section above title "Your Liability for Unauthorized Transactions."

 

You agree that we may use the secure messaging service to communicate information to you about your accounts, transactions in your accounts, and the service. We may also send important notices and disclosures to you through the secure messaging service. We will deliver all secure messaging communications to the email address on record with us. It is your responsibility to notify us of any changes to your email address. You may notify us of changes to your email address by updating your contact information on the online banking website or by calling Customer Service at 866-698-5760.

15.    Transfers Between Accounts

 

You may make transfers between your online banking accounts that are registered with us under the same social security number or federal tax identification number. You may make transfers seven days a week, 24 hours a day; however, we will process transfers only on business days. Transfers made after 8:00 p.m. Central Time on a business day, or on a Saturday, Sunday, or bank holiday, will be processed on the next business day. You authorize us to withdraw and debit your account as necessary to complete any and all transfers. You agree not to schedule any transfer unless you have, and will have at the time the transfer is processed, funds in the account sufficient to complete the transfer. We may, at our option, either cancel or complete any transfer from an account with insufficient funds. We may also attempt to complete the transfer again at a later time. If we choose to complete the transfer, you may have an overdraft and will be liable for the overdraft and overdraft fees and charges as set forth in the Terms and Conditions of Your Account and Fee Schedule. We will notify you if we cancel a transfer because of insufficient funds. We reserve the right to terminate your access to the service and cancel all existing and future transfers if you make a transfer without sufficient funds in the withdrawal account.

 

If you wish to cancel a transfer, you must do so prior to 8:00 p.m. Central Time on the date you requested the transfer. Future scheduled transfers may be cancelled prior to 8:00 p.m. Central Time on the date prior to the scheduled transfer date. In addition, as described in the section entitled "Your Right to Stop Preauthorized Transfers," you have a right to cancel regularly recurring scheduled transfers at least three business days prior to the scheduled payment date. To cancel a scheduled transfer between accounts, log on to the service through the online banking website and follow the instructions for deleting transfers on the "Scheduled Transfers" screen.

 

Federal regulations limit the number and type of withdrawals and transfers you may make from a savings or money market account each monthly statement cycle. Exceeding these limits will result in per transaction fees and the potential of account conversion or closure.  Please review your other account documents for additional information.

 

16.    Your Use of Other Products and Services

 

We may provide access to other products and services offered by third parties, us, or our affiliates to help you manage your finances and accounts. Access to these products and services may be provided from within the service, by hyperlink or otherwise. None of these products or services are intended to provide legal, tax, or financial advice of any kind. You agree that when you use any such product or service, you are subject to and will abide by the separate terms and conditions of use applicable to it. You further agree that we have no liability for the content of, or any damages arising from for your use of, any such product or service.

 

17.    Assignment

 

You may not assign this Online Banking Agreement to any person. We may assign this Online Banking Agreement or delegate our rights and responsibilities under it to any person.

 

18.    Construction

 

The captions and heading used in this Online Banking Agreement are for convenience of reference only and are not intended to affect the meaning of any provision of this Online Banking Agreement.

 

19.    Governing Law

 

This Online Banking Agreement will be governed by and construed in accordance with the laws of the States of Texas and Oklahoma, without regard to its conflicts of law principles.

 

20.    Waiver

 

We may delay in enforcing our rights under this Online Banking Agreement without waiving them. Any waiver by us is not a waiver of any other right or remedy or of any future right or remedy. Except as set forth in this Online Banking Agreement or otherwise required by law, you waive diligence, demand, presentment, protest and notice of every kind.

 

21.    Severability

 

If any provision of this Online Banking Agreement is determined to be invalid, void, or unenforceable, the remainder of this Online Banking Agreement will remain in full force and effect.

 

22.    Waiver of Jury Trial

 

YOU AND WE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE OUR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS ONLINE BANKING AGREEMENT.

 

YOU ACKNOWLEDGE THAT YOU HAVE HAD A REASONABLE OPPORTUNITY TO SEEK OR RECEIVE THE ADVICE OF COUNSEL WITH RESPECT TO YOUR DECISION TO WAIVE YOUR RIGHTS TO A TRIAL BY JURY.

 

 

REVISED 2018.04