BUSINESS ONLINE BANKING ENROLLMENT FORM

Transcription

1 BUSINESS ONLINE BANKING ENROLLMENT FORM COMPANY INFORMATION Company Name Company Address City State Zip Tax ID Number BUSINESS REQUIREMENTS (Please answer ALL questions) Requesting ability for multiple employees to have on-line access to accounts? Yes No Requesting ability to access multiple Tax ID s under same Company ID? Yes No Requesting Premier Access? (ACH, EFTPS, Wires) Yes No DESIGNATED SECURITY ADMINISTRATOR (Allowed to contact bank for compan password reset, and administers overall security. All company specific communication will be directed to this address. An will be sent to this person when the initial set-up is completed.) First Name Last Name Address Phone Birth City Mothers Maiden Name BASIC ONLINE BANKING CUSTOM ONLINE BANKING PREMIER ONLINE BANKING Check only those desired. Initial access will be granted within 2 business days. You will be contact for Premier services set-up. Bill Payment Multi-TIN Access Multi-TIN Access Bill Payment Bill Payment Dual Control Wire Transfer ACH Origination EFTPS AUTHORIZED ACCOUNTS Account Number (List main account first; If applicable, fees will be applied to this account) Account Name (Operating/Payroll/Disbursement) Tax ID Number *Book transfers allowed only on accounts with same EIN Page 1 of 7

2 In addition to the forgoing accounts, to the extent that Company adds any loan between Company and Bank, this Form will govern. Notwithstanding anything to the contrary in any other agreement or, understanding (collectively, the Agreements ) regarding your use of First Commercial Bank s (the Bank ) Internet banking network between the Bank and the Company, this Business Online Banking Enrollment Form (the Form ) is incorporated into, and to the extent that there are conflicting terms, superior to, such Agreements. Authorization to Issue Password: At the direction of any person named below as the Designated Security Administrator (DSA), or at the direction of any person named as your DSA in the future, you hereby authorize the DSA to issue one or more passwords for use with the Bank s Internet Banking network, as set forth in the Agreements. Company s DSA shall have the sole authority discretion to determine which individual (each, a User ) will be authorized to use the Bank s Internet Banking network on Company s behalf. If multiple account/user access is requested, the DSA will have the sole authority and determination to designate user, authorize access to specific accounts, set limits of authority to accounts, for each User. A user will not be able to make any modification with respect to his or her own limits. The DSA shall have no limitation on its ability to utilize the Bank s Internet banking network, but the DSA must set limits on each User s authority to utilize the Bank s Internet banking network, including, without limitation, each User s access to Company s information and each User s ability to conduct transactions on behalf of Company. If a single sign-on Login ID is requested, it is the responsibility of the Company to manage the security of said login/password. The Agreements may be amended or modified (collectively, the Changes ) from time to time at the sole and exclusive discretion of the Bank. Company s continued use of the Bank s Internet banking network after any such Change shall constitute Company s acceptance of such Change. The Agreements shall remain available in the principal office of the Bank during the Bank s normal business hours. COMPANY ASSUMES FULL, COMPLETE AND SOLE RESPONSIBILITY FOR THE ACTIONS OF ITS DSA AND THE ACTIONS OF EACH USER, INCLUDING, WITHOUT LIMITATION, THE AUTHORITY GIVEN BY THE AUTHORIZED ADMINISTRATOR, ANY USER, OR ANY PERSON WITH APPARENT AUTHORITY FROM THE COMPANY. COMPANY WILL INDEMNIFY AND HOLD BANK HARMLESS FOR ANY AND ALL CLAIMS, DEMANDS, EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY S FEES AND COSTS), LOSS OR DAMAGE OF ANY NATURE WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM ANY PAYMENT ORDER INITIATED PURSUANT TO THESE TERMS AND CONDITIONS EXCEPT FOR LIABILTIY TO COMPANY CAUSED SOLELY BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE BANK. DESIGNATED SECURITY ADMINISTRATOR (DSA) NAME TITLE Page 2 of 7

3 By signing below, the undersigned, an authorized officer of the Company, hereby authorizes the Bank to issue a Company ID and Company password (which may be temporary) to the DSA, and a User ID and a temporary password to the DSA for the Company s account(s) listed above. The Company acknowledges and agrees that issuance of the password will enable the DSA to access such accounts and authorize users as defined above. The Bank First Commercial Bank The Company Signed By Name Title Date Signed By Name Title Date Mail To: Deposit Operations First Commercial Bank 1336 E Court Seguin, Texas For Financial Institution Use: Basic Set Up By: Custom Set Up By: Premier Set Up By: Company ID: DSA ID: Password: Verification By: Page 3 of 7

4 BUSINESS ONLINE BANKING TERMS & CONDITIONS Thank you for choosing First Commercial Bank s Business Online Banking. This document provides product information, disclosures, and descriptions of Business Online Banking ( Terms and Conditions ) available at First Commercial Bank (the Bank ). Other documents may become part of our agreement depending on the online banking services you select ( Services ). Please read all documents carefully; they will govern the Services provided to you. By signing and returning the Business Online Banking Enrollment Form, you agree to the terms and conditions outlined for all Services selected by you, the Company (the Company ). This agreement (the Agreement ) will also serve as disclosure for any Services you add in the future. Should you have any questions about the information contained in this document, please contact Deposit Operations Department. A. SERVICES 1. Bank will provide Company with access to Bank s Internet banking network as agreed by Bank and Company, for Company s Accounts, subject to the terms and conditions of this Agreement. Information reporting systems permit the Company to view balances, transactions, and statements, and to initiate stop payment orders, internal transfers, bill payments, and such future Services as are provided by Bank. 2. Company agrees to run antivirus software before transmitting data to or through any Web Site. Company may use any commercially available, industry recognized Antivirus software of the type that detects and disinfects viruses automatically, without the need for the Company to execute virus scanning for each file manually. Company shall update its antivirus software on a regular basis to maintain a commercially reasonable level of security. B. SECURITY Company acknowledges that the Internet banking network provided by Bank is fully automated, and is not monitored by bank. Company acknowledges the importance of maintaining the various passwords and security devices in the strictest confidence. Company is solely responsible for the misuse, theft, or misappropriation of passwords. C. LIABILITY Bank shall have no responsibility to verify instructions from DSA received through the Internet banking network if the instructions are made in compliance with this Agreement. As long as Bank complies with its current applicable security procedures ( Security Procedures ), Company shall be responsible for unauthorized entries and transfer orders, and shall hold Bank harmless therefore. Bank may recognize deviations from stated Security Procedures, if Company has by custom and practice routinely ratified entries or transfer orders representing a standard deviation Page 4 of 7

5 from Security Procedures. Bank shall not be liable to Company for any losses, damages, claims, or causes of actions arising from: 1. nonperformance due to strikes, mechanical or electronic breakdowns, or other nonfunctioning of equipment, impossibility of performance, or other circumstances beyond Bank s reasonable control; 2. the failure of Company to maintain its security; 3. nonperformance, malfunction, or incompatibility of Company s hardware or software, or the malfunction of the information reporting system beyond Bank s reasonable control; or 4. any cause except the gross negligence of willful misconduct of Bank s employees. D. TRANSACTION PROCESSING Book Transfers: Book transfers initiated through Business Online Banking received by Bank from 8:00 am to 6:00 pm Central Time on a Business Day will be processed the same day. Stop Payment Requests: Stop Payment Requests initiated through Business Online Banking and received by Bank from 8:00 am to 4:00 pm Central Time on a Business Day will be filed in relation to the account the same day. Reasonable notice of a Stop Payment Request must be given to Bank at least 24 hours prior to item being presented for payment. E. TERMINATION Notwithstanding any other provision regarding termination set forth herein or in any other agreement between Bank and Company, Bank may terminate Company s access to and its ability to transact Online Services at any time, effective immediately. Bank shall use reasonable efforts to give notice of the termination to company promptly, and will then provide written confirmation of the termination if the initial notice of termination was not communicated in writing. Bank may require execution of additional documents or agreements to continue to transact business using the Bank s Business Online Banking Service. The additional Terms and Conditions of this Agreement will remain in effect upon termination of Online Services. F. REVIEW OF STATEMENTS AND ADVICES Company will review promptly and reconcile Company s statements of account sent by Bank and shall report to Bank any discrepancies between Bank records and Company records within a reasonable time, not to exceed thirty (30) calendar days from the date the statement of account is received by Company. The failure of Company to notify Bank of any discrepancies within the specified time period will relieve Bank of any liability with respect to any compensation provided for in Paragraph G. G. COMPENSATION Subject to Paragraph F above, compensation, if any, for the loss of interest or use of funds Page 5 of 7

6 due Company as a result of Bank s error or Bank s failure to execute a transfer request on the date received (if such request was received prior to Bank s deadline) and when such execution or error was within Bank s control, will be for a period not exceeding the lesser of sixty (60) days of the period between the date of the request and the date of actual transfer or error correction, and will be either of the following forms at the option of Bank: a) Adjusting Company s account balance(s) at Bank to properly reflect the average balances that would have occurred; or b) Reimbursing Company an amount equal to interest at a rate not exceeding the average Federal Funds rate computed on a daily basis for the period and amount in question. In any event, Bank shall not be liable for payment of damages arising out of or in connection with a payment order after one year from the date of such payment order transfer. H. RESPONSIBILITY OF BANK 1. Bank shall have no responsibility or liability for any inaccuracy, interruption, or delay in transmission and for claims occasioned by any circumstances, including any act, or failure to act, by a third person or entity, beyond Bank s reasonable control. 2. Company will hold Bank harmless and indemnify Bank for any and all claims, demands, expenses (including, but not limited to, attorney s fees and costs), loss, or damage of any nature whatsoever arising directly or indirectly from any payment order initiated pursuant to these Terms and Conditions, including, but not limited to, any election made by Bank under these Terms and Conditions, except for liability to Company caused by gross negligence or willful misconduct of Bank. In no event shall bank be liable for any punitive, special, consequential, or incidental damages, even if Bank has been informed of the possibility of such damages, except as allowed by law. 3. Company will assume full responsibility for all transfers executed by Bank in good faith and in accordance with these procedures, agrees that Bank shall be conclusively deemed to have discharged its duty to act in good faith if it has followed the transfer procedures as contained in Paragraphs A, B, C, D, and E herein or in other documents of similar purport, and agrees that Bank assumes no responsibility beyond its duty to exercise ordinary care. 4. This agreement is governed by the provisions of Regulation J, 12 CFR Part 210, Subpart B, including the Appendices, to the extent that any wire transfer request is carried out. Terms which are not defined in this Agreement shall have the same meanings as defined by the Uniform Commercial Code Article (4A). This Agreement is also subject to all applicable Operating Circulars of the Federal Reserve Bank in the district in which Bank and Company are located and any other applicable provisions of federal or state law. To the extent that Regulation J does not apply to this Agreement, this Agreement shall be governed by the laws of the State of Texas. I. CONFIDENTIAL INFORMATION Company will keep confidential all repetitive transfer numbers and all PINs of Company Page 6 of 7

7 and all the names of DSAs and Users, and Bank shall have no liability for losses occasioned by unauthorized access to such information. J. FEES Company will pay Bank for Services under these Terms and Conditions in accordance with Bank s fee schedule, as amended from time to time as provided in Paragraph K below. Bank may deduct any fees due under this Agreement from any account of Company with Bank. K. AMENDMENT 1. Bank may change, add, or delete any procedures established pursuant to these Terms and Conditions, from time to time as provided in Section 2 below. In the event there is a change by Company to any Exhibit, such change shall be in writing, signed by Company, and shall not be effective until it is received and accepted by Bank and the Bank has had reasonable opportunity to act on it. Any other modification or amendments by Company to these Terms and Conditions shall be in writing and signed by Company and shall be effective when expressly accepted by Bank. 2. Unless applicable law provides otherwise, Bank may at any time amend Bank s fee schedule and these Terms and Conditions upon thirty (30) days written notice to Company prior to its effective date. This Agreement may also be amended by writing signed by Bank and Company. No representation or statement not expressly contained in this Agreement or in any amendment shall be binding upon Bank or Company. L. NOTICES 1. Any notice to be given under these Terms and Conditions, if by Company, shall be in writing, signed by Company and shall be considered to be given when received and accepted by an appropriate person in Bank and Bank has had a reasonable opportunity to act on it and, if by Bank, except as provided in Paragraph G above, may be oral or in writing and shall be effective when given. 2. Bank shall be entitled to rely on and protected in acting upon any form of notice, which it in good faith believes to be genuine and what it purports to be. M. ADDITIONAL PROVISIONS 1. The accounts with Bank affected by these Terms and Conditions shall continue to be governed by the deposit agreement issued by Bank on such types of accounts, as it may be amended from time to time, except to the extent such agreement may be inconsistent with these terms. 2. If any section, provision, or condition of this Agreement is deemed invalid or unenforceable, the enforceability of the remaining provisions shall not be affected. Page 7 of 7