online banking AGREEMENT
Master Agreement and Disclosures
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
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