Revised: June 30, 2018
The following terms, provisions and service descriptions constitute the Treasury Management Services Master Agreement (this "Agreement") this day made by and between the party signing this Agreement on his/its behalf or on behalf of each of his/its affiliates (such persons and entities and each of their affiliates being collectively referred to as "Customer") and Liberty Capital Bank ("Bank"). It is the intention of the parties that this Agreement govern all Customer Accounts now or hereafter established at the Bank by Customer and any affiliate of Customer. In consideration of the following premises and covenants and intending to be legally bound, the parties agree as follows:
This Agreement and the Exhibits attached hereto, including those which may be added by mutual agreement in the future, describe the services Bank will perform. Bank may unilaterally change the terms of this Agreement upon thirty (30) days' notice. All provisions shall be in addition to and cumulative with the provisions of any applicable Exhibits.
Customer will pay Bank with immediately available funds, the fees and charges listed in Bank's schedule of fees attached hereto as Exhibit 11, as modified by Bank from time to time, upon thirty (30) days written notice, or otherwise chargeable to Customer hereunder for Customer Accounts. Bank may increase such fees and charges to Customer from time to time in accordance with bank-wide increases in such fees and charges imposed by Bank. Additionally, the transporting or transmitting of data, items, and other materials to or from Bank is solely Customer's responsibility and will be at Customer's expense. Customer will pay and reimburse Bank for all governmental and third party fees arising out of or related to Bank's performance hereunder. Customer authorizes Bank to debit any Customer Account for all such fees and charges on the date the Bank issues the monthly statement, or as otherwise provided in this Agreement, in such order or manner as Bank may elect.
The initial depository accounts established by Customer or its affiliates at the Bank and covered by this Agreement are listed on Exhibit 1 and the other Exhibits attached hereto, all of which are incorporated herein by reference. These accounts, together with any other account subsequently established by Customer or any affiliate at the Bank, are sometimes referred to herein as the "Customer Accounts" or a "Customer Account", and are hereby made subject to this Agreement. Customer will at all times maintain with Bank, in Customer Accounts, collected balances sufficient to reimburse Bank for all items, orders for payment and other amounts which Bank pays on Customer's behalf or are chargeable to Customer hereunder. If a Customer Account has insufficient funds to pay charges, orders for payment, or items on Customer's behalf, Bank will have no obligation to pay such charges, orders or items or to give any notices or to take any remedial or other action, and may refuse to pay such charges or dishonor and return unpaid such orders or items, or Bank may debit and offset such amount against another Customer Account unless such other Customer Account is specifically designated as a "Special Account". If Bank pays such amounts, orders or items in the anticipation of the availability of sufficient collected funds, Customer will, upon demand, immediately remit sufficient collected funds and Bank may exercise any legal right to collect such funds, including, but not limited to, set-off against any Customer assets held by Bank or funds Customer has on deposit in trust or otherwise whether represented by an account, certificate or time deposit. Customer acknowledges and agrees that it is liable for and will pay Bank any fees or charges agreed to with respect to any Customer Account as provided herein or in any account agreement or otherwise charged by Bank as provided herein or in accordance with its standard practices and procedures or which result from any Services requested by Customer or any account deficit resulting from charges, overdrafts or account activity relating to a Customer Account (the "Obligations"). For purposes of this Agreement, an affiliate includes any person or entity controlling, controlled by or under common control with Customer, including, but not limited to, its parents, subsidiaries, partnerships, joint ventures, brother/sister entities, and specifically including management and fiduciary accounts established by Customer or any affiliate with funds held for or beneficially owned by third parties. Customer acknowledges and agrees that the Obligations may be deducted by Bank from any account of Customer or affiliated entity as defined herein, at the discretion of Bank, except for those accounts specifically designated as a "Special Account".
Each person identified as a Company User ("Company User") or Company Administrator (“Company Administrator”) on Exhibits 1 or 2, or granted online access by any Company Administrator (collectively, "Authorized Persons"), are authorized to receive and furnish any and all information concerning this Agreement. Bank is authorized and directed (i) to communicate to any Authorized Person any and all information regarding any service offered hereunder; (ii) upon the request of any Authorized Person, to withdraw funds from any account, to transfer funds from or to any account of Customer, and to apply such funds as directed by such Authorized Person; and (iii) to take any other actions requested by an Authorized Person from time to time with regard to this Agreement, any service offered hereunder (including the Exhibits), and conduct any business with regard to the account or matters related hereto, including but not limited to, in the case of a Company Administrator, designating Company Users to utilize one or more of the Services. Bank is authorized and directed to act on, and may rely without further investigation upon, any oral or written directions (including designations of additional Company Users) from a person representing himself as an Authorized Person, whether delivered or communicated to Bank in person, by messenger, by telephone, telecopier, email, U.S. mail or other manner and Bank shall be entitled to rely on any wiring, paper, statement, order, direction, written communication, email message or telephone or personal conversation believed by Bank to have been signed, sent or made by an Authorized Person. Bank may, but in no event shall be required to, delay any transfer or any other action hereunder until Bank determines to its satisfaction that Customer has authorized such transfer or action. Customer will give Bank prior written notice in the event that it adds or removes a Company Administrator, or otherwise adds or removes a person from the list of Authorized Persons. Bank reserves the right, but is not obligated, to require evidence of authority to add or remove a Company Administrator by written certificate or resolution of Customer’s board of directors, other appropriate governing body, or chief executive officer before the addition or removal of such Company Administrator shall become effective. Any person listed as an Authorized Person in our internet banking system or on any Exhibit shall be an Authorized Person within the meaning hereof with regard to Services relating to such Exhibit and, for such purposes, shall be in addition to other Authorized Persons. A listing of any Authorized Person and signature exemplar will be collected on a separate form. If Customer is an entity, Customer shall furnish to Bank a fully completed and executed copy of the Master Services Request & Authorization Form attached hereto as Exhibit 1. Bank may, upon request from Customer, allow use of the Services by an Authorized Person without dual controls, or by someone other than an Authorized Person pursuant to the request of a Company Administrator. Such use of the Services shall be treated as having been made by an Authorized Person, and shall be at Customer’s sole risk. Bank shall not be responsible to Customer for any loss, claim, liability, damage, cost, or expense, resulting from, related to, arising from, or caused by a Company Administrator’s designation, or authorization, of additional users.
Either party to this Agreement may terminate this Agreement with or without cause, upon thirty (30) days written notice, unless otherwise specifically provided herein. However, notwithstanding the above, Bank may terminate this Agreement at any time, without notice to any party, upon the happening of any of the following events or circumstances: (i) Customer's violation or breach of, or default in the performance or observance of any material provision contained herein; (ii) Customer’s failure to implement or comply with certain Security Procedures required by Bank from time to time as a condition to providing the Services covered by this Agreement; (iii) default in the payment of any sum due and payable by Customer to Bank under this Agreement or any other agreement; (iv) misrepresentation by Customer of any material fact in any statement, report or representation given or made to Bank in connection herewith; (v) the seizure, attachment, garnishment or encumbrance by court order or legal process of any portion of Customer's deposit accounts, assets, or properties; (vi) Customer's business failure, insolvency or bankruptcy; (vii) Customer's default under any agreement between Customer and Bank; (viii) Customer fails to provide financial information reasonably requested by Bank (ix) Bank has reason to believe that Customer has engaged in fraudulent or illegal activity; (x) a material adverse change occurs in Customer's business or financial condition; or (xi) if any action be taken, or if there shall be any occurrence, which would or does have the effect of terminating, dissolving or winding up Customer's business. No delay or failure of Bank to exercise any option or right herein given or reserved shall constitute a waiver of such option or right to stop Bank thereafter to exercise the same. Upon termination for any reason, Bank shall have no obligations or duties hereunder whatsoever. All warranties, indemnities, representations and covenants made before termination shall survive and be binding and enforceable after the termination of this Agreement.
This Agreement is made in the State of Texas. Customer agrees that Texas law and applicable federal law shall govern the enforcement and interpretation of this Agreement. Customer submits to jurisdiction in the State of Texas for any action or cause arising out of this Agreement and agrees that venue shall be in Dallas County, Texas.
All notices required and permitted hereunder, including under all Exhibits, shall be in writing, by U.S. Mail until the party changing its address actually delivers written notice of an address change to the other. Notices intended for Customer, shall be sent to the address next to Customer's signature line hereunder, and if to Bank, addressed as follows:
Liberty Capital Bank
Treasury Management Department
Liberty Plaza I
5055 Keller Springs Road, Suite 120
Addison, Texas 75001
Customer warrants to Bank that it has full and complete authority to enter into this Agreement. The person executing this Agreement on behalf of Customer represents and warrants that (i) he or she is authorized to enter into this Agreement and bind Customer hereto and (ii) each of the statements, covenants, assurances, representations and warranties made by Customer herein are true and correct. Bank may accept oral or written instructions (including written instructions sent via facsimile or other electronic transmission) from any Authorized Person. Bank may require further written confirmation of instructions given orally or by facsimile. Each Authorized Person is authorized to conduct any transaction within the scope of Services covered by this Agreement, including the applicable Exhibits and related to the account or accounts specified in the applicable Exhibits. Bank may rely on any written notice containing signatures of an Authorized Person if Bank believes, in good faith, that the signature is genuine. Unless the applicable Exhibit states otherwise, each Authorized Person may act alone. If Bank receives conflicting instructions from Authorized Persons, Bank may (i) honor one or more of the instructions received, (ii) refuse to honor any of the instruction until Bank receives instructions to which all Authorized Persons agree or (iii) submit to a court all funds which are subject to the conflicting instructions (at which time Bank shall be automatically discharged from any obligations with respect to such funds).
Customer has sole audit responsibility for determining and insuring the accuracy and validity of information, data, entries and processing services. Customer must promptly report in writing any non-receipt of statements or other regular reports and any error in connection with any Services covered by this Agreement and any discrepancy between Customer's records of its orders and requests (including wire and ACH payment orders) and the notices Customer receives from Bank regarding Bank's execution of Customer's orders and requests. Customer agrees that thirty (30) days is a reasonable time for Customer to notify Bank of discrepancies, including unauthorized and erroneous payment orders, unless any other portion of this Agreement, or any other applicable document, agreement or law or regulation provides for a shorter notification time, in which case such shorter time shall apply. Any such notification shall be in writing and shall identify with specificity the discrepancy. Customer agrees to provide Bank with all information it reasonably requests in connection with any discrepancy. This Section 1.11 does not modify Bank's rules and regulations governing deposit accounts, notification requirements regarding checks paid without a properly authorized signature or errors or discrepancies other than those specifically related to a Service covered by this Agreement.
Certain provisions of this Agreement may require Customer to have specified amounts of collected or available funds in Customer Accounts at Bank at certain times. Bank is not ever obligated to extend credit to Customer unless Bank has specifically agreed to do so in writing and any conditions to that obligation have been satisfied. However, Bank has the option to extend credit to Customer from time to time by permitting overdrafts in its accounts, delaying collection of amounts due or otherwise. If Bank extends credit to Customer, the outstanding principal amount is immediately due and payable and will bear interest from the date the credit is extended until it is repaid at a per annum interest rate determined by Bank, but not exceeding the lesser of eighteen percent (18%) per annum or the maximum nonusurious rate of interest permitted under applicable Texas or federal law (whichever permits the higher rate). If Bank does not elect to extend credit to Customer, Customer must provide immediately available funds sufficient to satisfy its obligations under this Agreement.
Bank will not be deemed to have breached this Agreement if it fails to perform because of a cause beyond the reasonable direct control of Bank, and without fault or negligence of Bank. Examples of causes beyond the reasonable direct control of Bank include, without limitation: any failure or interruption of any electronic communication system between Customer and Bank, equipment or software failure or malfunction, electrical computer, or mechanical failure or malfunction, computer viruses, action or inaction of governmental, civil or military authority, fire, strike, lockout or other labor disputes, flood, hurricane, war, theft, earthquake, natural disaster, default of common carriers or third party vendors or processors, criminal or fraudulent acts of others, and suspension in payments by another financial institution.
All specifications, tapes, electronic data or media, records, programs, and disks generated and/or used by Bank under this Agreement are Bank's sole property unless otherwise provided herein. Bank may, in its sole discretion, make available such information upon Customer's request. Any expenses incurred by Bank in making any such information available to Customer shall be paid by Customer. All data, reports, items or other materials which Customer is required to furnish or perform, including computer tapes or data, will conform to Bank's computer and other specifications unless waived in writing by Bank. Bank is authorized, but not required, to record electronically telephone and other conversations or communications between Bank and Customer's agents or employees.
Customer acknowledges that it will have access to certain confidential information regarding Bank's execution of the Services contemplated by this Agreement. Customer shall not disclose any such confidential information of Bank and shall use such confidential information only in connection with the transactions contemplated by this Agreement and any Exhibits.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and permitted assigns. This Agreement is not for the benefit of any third party, and no third party shall have any right against Bank or Customer hereunder.
The terms, provisions, representations and warranties contained in this Agreement which by their sense and context are intended to survive the performance hereunder shall so survive the completion of performance and termination of this Agreement.
Bank and Customer each agree to cooperate with the other party in performing loss recovery efforts in the event either party may be liable to the other for damages.
In the event of any disagreement hereunder, or if conflicting demands or notices are made upon Bank relating to this Agreement or any item or amount received by Bank hereunder, Bank may, at its option, refuse to comply with any claims or demands on it, or refuse to take any other action hereunder with regard to the subject matter of the dispute, so long as such dispute continues; and in any such event, Bank shall not be or become liable to any person for its failure or refusal to act, and Bank shall be entitled to continue so to refrain from acting until (i) the rights of all parties shall have been fully and finally adjudicated by a court of competent jurisdiction, or (ii) all differences shall have been adjusted and all doubt resolved by agreement among all of the interested persons. The rights of Bank under this Section 1.19 are cumulative of all other rights which it may have by law or otherwise.
If one or more of the provisions of this Agreement (including the instructions) should be or declared to be illegal or unenforceable in any respect under present or future laws or regulations effective during the term of this Agreement, the legality, validity and enforceability of the remaining provisions of this entire Agreement shall not be affected or impaired thereby; PROVIDED HOWEVER, that if this entire Agreement shall be or be declared to be illegal, invalid or unenforceable or should any regulatory agency direct Bank to discontinue providing the Services hereunder, the parties agree that payments or credits due up to that time shall be remitted or made, and this Agreement shall thereafter be immediately terminated without liability to either party.
The accounts with Bank affected by this Agreement shall continue to be governed by the deposit agreement issued by Bank applicable to such accounts, as it may be amended from time to time, except to the extent such agreement may be inconsistent with this Agreement (in which case this Agreement shall control unless otherwise provided herein).
Customer may transmit, and Bank will accept communication via email of notices, files, reports and other communication contemplated under this Agreement. Customer acknowledges the inherent risk of email communication and understands that email addresses can be simulated and manipulated by third parties. If Customer uses email in connection with the provision of Services under this Agreement, Customer accepts all risk of loss of any kind or character which may result, and releases Bank from any liability related in any way to Customer's use of email. Bank will not ask Customer to verify User ID’s, PINs, password or any other personal identifiers conveyed via email.
Customer acknowledges that Bank shall engage one or more third party service providers in order to provide the Services provided for in this Agreement, and to exchange information with such providers through internet linkages and other media. Although Bank and such third party providers undertake to provide commercially reasonable efforts to maintain the security of information relating to Customer or Customer's account, Customer acknowledges the inherent security risks posed by any electronic internet communication. Customer further understands that Bank provides the Services described herein pursuant to the terms of its contracts with such third party service providers and all limitations on liability in such third party service provider contracts shall be binding on Customer. Bank disclaims any and all liability for the acts or omissions of such third party service providers.
Customer may not assign its interest or rights under this Agreement without the prior written consent of Bank, and any purported assignment in violation of this section shall be void.
Customer is obligated to use "ordinary care" to prevent fraudulent, unauthorized or criminal activity affecting Customer’s Accounts. A failure to use positive pay, tokens, dual controls and other security procedures, when available, may be seen as a failure to implement reasonable commercial standards to protect Customer from fraud risk. Customer acknowledges that Bank is not obligated to examine each check which is drawn on or deposited to Customer Accounts.
In addition to the terms otherwise defined in this Agreement, the following definitions shall apply to this Agreement:
Whenever herein the singular number is used, the same shall include the plural where appropriate, and words of any gender shall include each other gender where appropriate.
a. Security Procedures. By accessing Bank services, Customer acknowledges that it has reviewed the security measures and protocols established by the Bank. Customer agrees that the security measures employed by the Bank are commercially reasonable. Customer agrees that Bank is not responsible for any losses due to the Customer’s lack of security protocols with regard to its own computer systems, networks, and authentication mechanisms (i.e. passwords, security tokens, etc.). Customer understands the importance of these security measures and agrees that it is responsible for each of the following areas, which are also covered in Exhibit 8. b. Access Controls. Security of Customer passwords and access tokens is of the upmost importance. Specific security measures should be used to ensure the security of these passwords. Customer agrees that it will (i) use passwords in a secure environment; (ii) allow only Authorized Persons to have access to Customer passwords; (iii) change Customer passwords on a regular basis and (iv) immediately notify Bank if it believes that Customer passwords granting access to Bank services have been compromised. If Customer authentication credentials do fall into the wrong hands or are otherwise compromised, Customer agrees it is responsible for losses incurred. Additionally, Customer agrees to cooperate with Bank on any investigation and prosecution of any individuals who gain access to Customer Accounts through the unauthorized disclosure or theft of Customer authentication credentials. c. System and Network Security. Customer understands that there is a constant risk posed to its computer systems and networks by individuals attempting to gain unauthorized access. On a daily basis, computer systems run the risk of compromise through unauthorized access by hackers, malware, and other threats that not only put the Customer’s own data and employees at risk, but could also potentially compromise Customer financial information and accounts. Financial losses resulting from such risk could cause the failure of Customer’s business. Customer explicitly acknowledges that Bank is not responsible for the safety and security of Customer’s systems and networks. Customer understands that its computer systems are vulnerable to various types of infiltration. Customer will take responsible measures to protect its data by ensuring that proper security network devices are deployed, configured properly, and kept up-to-date with tools such as firewalls, proxies, intrusion detection and prevention systems, up-to-date anti-virus protection, operating system patches, and patches for third-party software packages like Java, Adobe Flash, Internet Explorer, Google Chrome, and Microsoft Office. Additionally, security audits should be performed by Customer to ensure that the security measures it has in place are adequate and effective. d. Security Awareness. Maintaining a secure network environment is a responsibility shared by Customer, its agents, and employees. Thus, Customer should educate its agents and employees on a regular basis on how to maintain a secure networked environment, including, but not limited, (i) guidance regarding the threats posed by internet activity, and (ii) what to do if they think their computer is compromised or they receive suspicious e-mail communications. e. Physical Security. Customer should ensure that security measures are in place to protect its computer systems and sensitive information from tampering and theft. Only authorized personnel should have access to sensitive areas in which network or server devices are kept. If a security token or any physical security device used to access the Customer’s accounts is lost or stolen, the Customer should immediately report it to Bank. f. Disclaimer. Bank has no obligation to prevent, and has no liability for, loss resulting from infiltration of Customer’s computer systems or any fraudulent or criminal activity by third parties. The FDIC insures deposits from bank insolvency, not from losses resulting from any other cause. Bank, directly or through its third-party service providers, may implement various security measures or devices. Such security measures or devices are primarily for the benefit of Bank, and should not be relied upon by Customer to prevent theft or other losses. Any security measure is subject to malfunction, tampering or human error and may be circumvented by the criminal conduct of third parties.
Certain Security Procedures designed to verify the origination (but not errors in transmission or content) of instructions, orders and other communications sent by Bank and Customer might be used in connection with the Services. Customer agrees that any such mutually agreed-upon Security Procedures shall be deemed commercially reasonable. Bank shall not be obligated to act on a communication not transmitted in accordance with the Security Procedures and may refuse to act on any communication where Bank reasonably doubts its authorization, contents, origination or compliance with the Security Procedures. Bank shall have no duty to discover, and shall not be liable for, errors or omissions by Customer. If Bank complies with the Security Procedures in respect of a communication, Bank shall be entitled to act on that communication and shall not be obligated to verify the content of such communication, establish the identity of the person giving it, or await any confirmation thereof, and Bank shall not be liable for acting on, and Customer shall be bound by, any communication sent in the name of Customer, whether or not authorized. Bank reserves the right to issue new Security Procedures and/or to cancel or change any Security Procedures from time to time. Whenever the Security Procedures include the assigning to Customer of any confidential password, logon identification, identification code, personal or location identification number, repetitive code, or similar security device, Customer shall not disclose such security device except to employees or agents authorized to act for Customer in connection with the RDC Services. Customer shall implement such safeguards as are reasonably necessary to ensure the confidentiality and integrity of such security devices, and shall immediately notify Bank if the confidentiality or integrity of any such security device is breached or threatened. Bank expressly reserves the right to condition the provision of some or all of the Services to be provided under this Agreement upon Customer's use of Security Procedures required by Bank. Customer shall be solely responsible for the safekeeping of such security devices and assumes all risk of accidental disclosure or inadvertent use of such security devices by any party whatsoever, whether such disclosure or use is on account of Customer's negligence or deliberate acts or otherwise. IF CUSTOMER, FOR ANY REASON WHATSOEVER, ELECTS NOT TO EMPLOY, IMPLEMENT OR UTILIZE ONE OR MORE SECURITY PROCEDURES, BANK SHALL BE FULLY EXCULPATED FROM ANY LIABILITY IN CONNECTION WITH THE PROVISIONS OF THE SERVICES, AND CUSTOMER SHALL INDEMNIFY AND HOLD BANK HARMLESS FROM AND AGAINST ANY AND ALL LOSS SUFFERED OR INCURRED BY CUSTOMER IN CONNECTION WITH THE PROVISION OF THE SERVICES, INCLUDING WITHOUT LIMITATION INDEMNIFICATION FOR ANY LEGAL FEES AND COSTS INCURRED BY BANK. Bank shall not be liable for any loss or damage resulting from fraudulent, unauthorized or otherwise improper use of any security devices.
Customer should utilize resources provided by trade organizations and agencies that specialize in helping small businesses. Customer should also maintain the following:
This Agreement and the Exhibits hereto constitute the entire agreement between the parties, supersede all prior agreements relating to the matters provided herein. Bank may amend this Agreement from time to time, and such amendment shall automatically become effective thirty (30) days following notice thereof. For this purpose, notification may be made electronically by posting on Bank’s website or Customer’s on-line banking display, and Customer acknowledges it has access to such electronic reports. Any such waivers shall be effective only for the specific purposes, circumstances and duration provided therein. Section headings are included for convenience of reference only and shall not constitute a part of this Agreement. There are no third party beneficiaries of this Agreement. Notwithstanding any other terms of this Agreement, this Agreement shall be deemed to be amended automatically, without notice to either party, to comply with any statute, regulation or ruling (or any amendment thereof) of any government agency to whose jurisdiction Bank is subject.
Upon Customer's written request for internet banking services from Bank, or upon Customer's use of such services, Customer agrees:
The source code, listings, and any accompanying support materials and documentation supplied under this Agreement, as well as the ideas and concepts incorporated in such items, are confidential to and trade secrets of Bank and Licensor ("Confidential Information"). Customer agrees to provide Confidential Information only to those employees, agents, and independent contractors who are required to know of its existence. Customer shall inform all such individuals of the confidential nature of the Confidential Information, and such persons shall be bound by the terms and conditions of this Agreement. Customer further agrees to take all other actions necessary or appropriate to preserve the confidentiality of the Confidential Information and to protect and secure the Internet Banking Product in a manner consistent with Bank's and Licensor's rights. Except as specifically provided in this Agreement, Customer agrees not to publish, disclose, display or otherwise make available any Confidential Information without the advance written consent of Bank and Licensor. The provisions of this Section 2.3 shall survive the termination of this Agreement.
Subject to all terms of this Agreement, in the event the Internet Banking Product or any portion of the Internet Banking Product is held to constitute an infringement of any third party's rights such that use of such Internet Banking Product by Customer is prohibited, Bank and Licensor shall, at their election, (i) promptly procure the right for Customer to utilize the Internet Banking Product, or (ii) notify Customer of their intent to discontinue use of the Internet Banking Product and/or provide an alternative Internet Banking Product providing substantially equivalent services.
Customer agrees to purchase, lease or license hardware, software, support services, communications equipment and links as specified by Bank. Customer shall be solely responsible for ensuring equipment compatibility with Bank's Internet Banking Product. All hardware and telecommunications lines will be purchased and maintained by Customer. Customer further agrees to the payment terms for the purchase of these products and services as detailed in Exhibit 9.
Customer agrees to transmit transactions pursuant to this Agreement and any applicable Exhibits ("Transactions") to Bank in accordance with such instructions as Bank shall give from time to time in writing, and in accordance with the specifications for the Internet Banking Product, the Internet Banking Program requirements, and this Agreement.
Customer agrees that the Internet Banking Product is proprietary with respect to Bank and Licensor, and that Customer shall not under any circumstance transmit a transaction via the Internet Banking Product to any financial institution or other entity other than Bank for processing. Customer agrees that any breach of this covenant shall constitute an immediate and material breach of this Agreement. CUSTOMER FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS BANK FROM ANY AND ALL LIABILITIES, CLAIMS, AND DAMAGES RESULTING FROM CUSTOMER'S BREACH OF THIS SECTION 2.7 TO THE FULLEST EXTENT PROVIDED FOR INDEMNITIES UNDER SECTION 1.5.
Customer warrants, represents and covenants that each transaction submitted to Bank (i) will be accurate, true and correct in all respects, (ii) will have been fully authorized and approved by Customer holding the account to which the Transaction pertains and such authorization and approval will be effective until such Transaction is posted to the account, (iii) will be valid and timely under such authorizations, (iv) will fully satisfy and comply with all applicable requirements of Bank and other guidelines, (v) will fully comply with the EFT Act, Regulation E and all other federal and state laws and regulations applicable thereto, and (vi) fully comply with the specifications of the Internet Banking Product and the Internet Banking Program requirements.
Customer agrees that Bank has no obligation or duty to detect errors with respect to any Transaction. However, if Bank detects an error with respect to a Transaction, Bank will attempt to give Customer notice of such error, and Customer agrees to furnish to Bank corrections promptly via the Internet Banking Product or as Bank shall direct. In the event Customer discovers, or has reason to believe, that an error has been made with respect to any Transaction, Customer agrees to notify Bank immediately and, in all events, not later than thirty (30) days following the date of the monthly statement which identifies the Transaction and Customer agrees to take such corrective actions as Bank shall require. Because the passage of time substantially reduces the likelihood of correcting or remedying any error, Customer agrees that such thirty (30) day notice period is commercially reasonable.
If Customer requests Bank to transmit a Transaction in an amount other than the authorized or proper amount, or requests Bank to withdraw funds from an unauthorized or improper account, Customer (a) will be responsible for all resulting losses, damages and liabilities, (b) waives and releases Bank from any claim, liability, or responsibility relating to the transactions; and (c) AGREES TO DEFEND, INDEMNIFY AND HOLD BANK HARMLESS FROM ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS, RESULTING OR ARISING FROM THE TRANSACTION TO THE FULLEST EXTENT PROVIDED FOR INDEMNITIES UNDER SECTION 1.5.
A stop payment request will expire and become null and void six (6) months from the date received by Bank, unless revoked or released prior to that time or unless renewed for additional periods of time. Renewals will be for the same time period as the original stop payment.
Reasonable notification of any stop payment request must be received by Bank prior to the item being presented. Bank and Customer agree that reasonable time is at least one (1) Banking Day prior to the item being presented to Bank.
Upon Customer's written request for funds transfer services from Bank, or upon Customer's use of such services, Customer agrees:
(a) Customer and Authorized Persons must safeguard the PIN, password, tokens and Code Numbers which Bank assigns to Customer and Authorized Persons and make them available only to appropriate Authorized Persons. Customer, and not Bank, shall be liable for the improper use of its PIN and/or Code Numbers.
(b) Bank (through its Wire Transfer Department) is authorized to electronically record telephone conversations between Bank and an Authorized Person whether or not such conversations relate exclusively to Funds Transfers. Bank is not required to provide advance or simultaneous notice of the recording. The decision to record a telephone conversation is solely within Bank's discretion; however, Bank shall have no liability for failing to do so.
(c) Customer agrees that the security procedures set forth herein constitute a commercially reasonable method of providing security against unauthorized Random Transfers or Repetitive Transfers. Customer agrees to be bound by any Payment Order, whether or not authorized, issued in Customer's name and accepted by Bank in compliance with the security procedures set forth herein and CUSTOMER AGREES TO INDEMNIFY AND HOLD BANK HARMLESS FROM ANY LOSS SUFFERED OR LIABILITY INCURRED BY BANK IN, OR ARISING FROM, BANK'S EXECUTING PAYMENT ORDERS ON CUSTOMER'S BEHALF IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PROVIDED FOR INDEMNITIES UNDER SECTION 1.5. It is understood that the security procedures set forth herein are designed to verify the authenticity and not the correctness of a Payment Order.
(a) If the applicable account is an analyzed account, Bank will adjust the aggregate ledger and collected balances of the applicable Customer Account to reflect properly in the average balances on the account analysis the amount that would have resulted had no error occurred.
(b) If the applicable account is a non-analyzed interest bearing account, Bank will calculate the amount using the applicable interest rates for the account.
(c) If the applicable Customer Account is a non-analyzed, non-interest-bearing account, Bank will calculate the amount using the average of the Federal Fund rates published by the Federal Reserve Bank of New York for the relevant period. If Bank is required to refund payment to Customer because a Funds Transfer is not completed and such failure to complete was not due to Bank's negligence or omission, then the interest shall be adjusted by a percentage equal to Bank's reserve requirement for the applicable account.
(d) Compensation, if any, for loss of interest or use of funds due to Customer as a result of Bank error or of Bank's failure to execute a Payment Order on the date received when the Payment Order is received prior to Bank's published deadlines, will be for a period not exceeding fourteen (14) days, or the date of actual transfer or error correction, whichever occurs first.
Bank will mail (or if Bank desires, upload) notifications daily to Customer (an "Advice") of all Funds Transfers made which affect Customer Accounts. Customer agrees to exercise ordinary care to determine whether an Advice or a monthly statement contains an error or if there is any discrepancy between Customer's records and the notification mailed by Bank. Customer further agrees that Customer's right to assert a claim against Bank with respect to any Funds Transfer reasonably identified on a monthly statement or Advice shall expire (if not reported to Bank) after thirty (30) days of Customer's receipt of the Advice or statement whichever first occurs.
All requests by Customer for transfers shall conform to the procedures as Bank may from time to time prescribe. Bank may change these procedures from time to time upon three (3) days prior written notice to Customer. Customer further agrees that it will prevent the disclosure within and outside of its organization, except on a "need to know" basis, of any of Bank's procedures relating to Funds Transfers. If the confidentiality of the procedures is compromised, Customer will notify Bank immediately.
Bank may change, add or delete any procedures established pursuant to this Section 4.
Customer agrees to supply to Bank any additional forms or information which Bank may reasonably request including, but not limited to, transfer authority, accounts to be affected, dates of transfer, supplemental instructions and further evidence of any Authorized Person's authority to transfer funds or to do any other act contemplated hereunder.
Individuals designated as Authorized Persons must be listed in Exhibit 1 or 2 citing name, dollar amount limitations, verification and/or notification privileges and limits as well as Customer Accounts to be accessed. The list of Authorized Persons in Exhibit 1 or 2 shall remain in full force and effect until Bank shall have received further written notification from Customer or the President of Customer (or a duly assigned designee), or from a general partner, manager or trustee of Customer.
When Payment Orders are submitted by online banking, prior to file transmission, authentication of Customer request will be determined based on the system configuration. If this information is authenticated, Customer may initiate the Payment Order transmission. Customer agrees that it, and not Bank, has control over Customer's computer systems; accordingly, Customer assumes all liability related to connecting and securing telecommunications lines to the proper computer as well as complete control over the physical security of its hardware.
A request that a Payment Order be amended or canceled by Bank may be given to Bank by an Authorized Person by phone, email or facsimile, provided a written request for amendment or cancellation containing an ORIGINAL authorized signature is received via U.S. Mail or by courier from Customer within forty-eight (48) hours of the phone, email or facsimile request. Bank may place a call to an Authorized Person to authenticate request. Bank shall be relieved of liability for acting on phone, email or facsimile instructions Bank reasonably believes to be those of an Authorized Person.
Customer wishes to initiate Credit and/or Debit Entries pursuant to the terms of this Agreement and the Operating Rules and Operating Guidelines that have been adopted by the National Automated Clearing House Association (“NACHA”) and ePayResources (together with any amendments or revisions thereto, hereinafter collectively called “Rules”), and Bank is willing to act as an Originating Depository Financial Institution (“ODFI”) with respect to such Entries. Customer agrees that Bank may from time to time provide email updates to Customer providing notice of Rules changes or any other updates to governing laws or ACH procedures. Customer acknowledges that entries may not be initiated which violate the laws of the United States. Customer agrees that any Third-Party Sender used by Customer has entered into an appropriate agreement under which the Third-Party Sender is bound by the Rules and acknowledges that entries may not be initiated that violate the laws of the United States and/or the Rules.
Upon Customer's written request for general account sweep services from the Bank, or upon Customer's use of such services, Customer agrees:
Upon Customer's written request for positive pay services from the Bank, or upon Customer's use of such services, Customer agrees:
In addition to the terms otherwise defined in this Agreement, the following definitions shall apply to this Section 7:
Customer shall transmit Check Information to Bank in comma delimited format as Bank requires through Bank's online website. If Customer is unable to transmit any of such Check Information, Customer shall notify Bank by telephone, fax or email.
If Customer desires to stop payment of any Issued Check listed in the Positive Pay in OLB file, Customer may issue a stop-payment order with respect to such Issued Check in accordance with Bank's usual stop-payment procedures.
Provided that the Bank has exercised ordinary care and acted in good faith, the Bank shall not be responsible for any liability, loss, or damage resulting from (i) payment in accordance with the provisions of this Section 7 of any Issued Check or Presented Check which is forged, altered, or unsigned or which bears the forged or unauthorized signature of Customer, (ii) return of any Issued Check or Presented Check to the depository bank in accordance with the provisions of this Section 7, or (iii) any delay in the performance of or failure to perform its obligations under this Section 7 which is caused by an act of God, fire or other catastrophe, electrical or computer failure, operational or system failures by Bank or any third party provider, or, without limiting the generality of the foregoing, any other cause beyond Bank's control. IN CONSIDERATION OF BANK'S OFFERING CUSTOMER THE OPPORTUNITY TO SUBSCRIBE TO THIS SERVICE, CUSTOMER HEREBY WAIVES AND RELEASES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER'S RIGHT TO SEEK RECOURSE AGAINST BANK FOR ANY LOSS CUSTOMER SUFFERS AS RESULT OF THE PROCESSING OF ANY ITEM PRESENTED ON CUSTOMER'S ACCOUNT, REGARDLESS OF WHETHER SUCH ITEM REPRESENTS A FORGERY, ALTERATION, OR FRAUDULENT ENDORSEMENT, AND REGARDLESS OF WHETHER SUCH LOSS IS ATTRIBUTED IN WHOLE OR IN PART TO BANK'S NEGLIGENCE. THIS WAIVER AND RELEASE IS INTENDED TO BE BROAD IN SCOPE, AND ENCOMPASSES ALL CLAIMS CUSTOMER WOULD OTHERWISE HAVE UNDER ARTICLE 3 AND 4 OF THE UNIFORM COMMERCIAL CODE OR AT LAW OR IN EQUITY.
Any schedule, information sheet, specification sheet or other applicable document executed by Customer is made a part hereof.
For services rendered by the Bank, Customer agrees to pay the Bank for its services under this Section 7 in accordance with the Bank's standard fees and charges, which Bank may unilaterally amend from time to time.
Upon Customer's written request for lockbox and/or third party deposit services from the Bank, or upon Customer's use of such services, Customer agrees:
Customer may request Bank from time to time to establish one or more lockboxes through the Bank or through any other third party vendor acting as a correspondent bank for the Bank ("Correspondent Bank"). Customer shall execute such agreements and comply with the policies and procedures established by Bank and any Correspondent Bank for lockbox arrangements, including completion of the information set forth in Exhibits 6 & 7. Following establishment of the lockbox, Bank will process any and all checks, evidences of payments or accompanying documents delivered by U.S. mail or otherwise to the designated post office box ("Remittances") in accordance with Bank's standard policies and procedures, on any Banking Day, at such times as the Bank may establish. Customer hereby irrevocably authorizes Bank to open the envelopes, remove and inspect the Remittances and enclosures and handle the Remittances and enclosures as provided herein. An acceptable check is one which conforms with the following:
Acceptable checks shall be processed and deposited in the following manner:
Checks deposited to a Customer Account which are returned unpaid because of "insufficient funds" or "uncollected funds" or the like, will be re-deposited and handled for collection by the Bank only once. If redeposit is not warranted for reasons such as "account closed" or "payment stopped", the Bank will charge Customer for the amount of the check (by charging the Customer Account), and send the check with debit advice to the address designated by Customer, in the customary manner of the Bank. If a check is returned unpaid a second time, the Bank will charge Customer for the amount of the check (by charging the Customer Account or deducting from a deposit to the Customer Account), and send the check with debit advice in accordance with standard banking policies and in the customary manner of the Bank. The charge for returned checks will be the prevailing rate as specified by the Bank.
Remittances which are sent directly to the Customer may be forwarded to the lockbox and handled in the manner set forth in this Section 8.
Checks drawn in foreign currency will be submitted for collection only. Credit will be posted upon receipt of paid collections less all fees and charges.
Expenses such as post office box rental, postage and exchange charges shall be charged to Customer in accordance with Bank's current rates and charges. Customer agrees that it will be responsible for, and will reimburse Bank for all such expenses. Customer further agrees to promptly pay Bank for such lockbox services according to the Bank's published fee schedule, as adjusted by Bank from time to time. Bank may reimburse itself from any other account maintained by Customer at Bank. Bank may, at its option, require advance payment of such expenses and fees or a deposit to cover such expenses and fees.
Customer shall promptly notify Bank in writing of any error in connection with the lockbox service and any discrepancies between any records maintained by Customer and any notice Customer receives from Bank with respect to the lockbox service, and shall provide Bank with any information it may reasonably request in connection therewith. Customer agrees that thirty (30) days is a reasonable time for Customer to notify Bank of errors or discrepancies, unless any other agreements, or laws, rules or regulations provide for a shorter period.
In connection with lockbox services, by executing Exhibit 6 & 7, Customer may establish electronic lockbox image service ("ELI") to access archival images of lockbox remittances and other remittance materials. ELI is provided pursuant to the terms and conditions of the Lockbox Net Query Authorization Form attached hereto as Exhibit 7 & 8, which Customer will sign to establish the ELI service.
Customer may make deposits to Customer Accounts at the branches of the Correspondent Bank, or other locations which Bank may designate from time to time ("Third Party Deposits"). Customer shall execute such agreements and comply with the policies and procedures established by Bank for such Third Party Deposit arrangements, which may include such agreements as may be required by the Correspondent Banks. Third Party Deposits require additional processing time, and subject to the requirements of applicable law and regulation, will be credited to Customer Accounts within five (5) business days of deposit.
Upon Customer's written request for remote deposit capture services or mobile banking services from the Bank, or upon Customer's use of such services, Customer agrees:
In addition to the terms otherwise defined in this Agreement and Exhibit 5 (remote deposit), the following definitions shall apply to this Section 9:
CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS BANK AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS ("INDEMNITEE" OR "INDEMNITIES") FROM AND AGAINST ALL LIABILITY, LOSS AND DAMAGE OF ANY KIND (INCLUDING ATTORNEYS' FEES AND OTHER COSTS INCURRED IN CONNECTION THEREWITH) INCURRED BY OR ASSERTED AGAINST SUCH INDEMNITEE IN ANY WAY RELATING TO OR ARISING OUT OF THE RDC SERVICES OR MOBILE BANKING SERVICES, BY REASON OF ANY ACTS OR OMISSIONS OF CUSTOMER OR ANY THIRD PARTY OR OTHERWISE, EXCEPT TO THE EXTENT SUCH LIABILITY, LOSS OR DAMAGE IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH INDEMNITEE (PROVIDED THAT RELIANCE, WITHOUT FURTHER INVESTIGATION, ON ANY ORAL, TELEPHONIC, ELECTRONIC, WRITTEN OR OTHER REQUEST, NOTICE OR INSTRUCTION BELIEVED IN GOOD FAITH TO HAVE BEEN GIVEN BY CUSTOMER WILL IN NO EVENT CONSTITUTE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF SUCH INDEMNITEE). SUCH INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT ALLOWED UNDER SECTION 1.5.
Certain Security Procedures designed to verify the origination (but not errors in transmission or content) of instructions, orders and other communications sent by Bank and Customer might be used in connection with the RDC Services and Mobile Banking Services. Customer agrees that any such mutually agreed-upon Security Procedures shall be deemed commercially reasonable. Bank shall not be obligated to act on a communication not transmitted in accordance with the Security Procedures and may refuse to act on any communication where Bank reasonably doubts its authorization, contents, origination or compliance with the Security Procedures. Bank shall have no duty to discover, and shall not be liable for, errors or omissions by Customer. If Bank complies with the Security Procedures in respect of a communication, Bank shall be entitled to act on that communication and shall not be obligated to verify the content of such communication, establish the identity of the person giving it, or await any confirmation thereof, and Bank shall not be liable for acting on, and Customer shall be bound by, any communication sent in the name of Customer, whether or not authorized. Bank reserves the right to issue new Security Procedures and/or to cancel or change any Security Procedures from time to time. Whenever the Security Procedures include the assigning to Customer of any confidential password, logon identification, identification code, personal or location identification number, repetitive code, or similar security device, Customer shall not disclose such security device except to employees or agents authorized to act for Customer in connection with the RDC Services or Mobile Banking Services. Customer shall implement such safeguards as are reasonably necessary to ensure the confidentiality and integrity of such security devices, and shall immediately notify Bank if the confidentiality or integrity of any such security device is breached or threatened. Customer shall be solely responsible for the safekeeping of such security devices and assumes all risk of accidental disclosure or inadvertent use of such security devices by any party whatsoever, whether such disclosure or use is on account of Customer's negligence or deliberate acts or otherwise. Bank shall not be liable for any loss or damage resulting from fraudulent, unauthorized or otherwise improper use of any security devices.
Customer shall also:
All user guides, manuals, data, software, processes and other information provided to Customer in connection with the RDC Services or Mobile Banking Services and all fee and pricing information with respect to the RDC Services or Mobile Banking Services is the proprietary and confidential property of Bank and/or its relevant licensors or suppliers. Customer agrees to use such information only in the manner specified by Bank and in the ordinary course of Customer's business, to return it to Bank upon termination of such service, and to keep such information confidential and limit access thereto only to its agents and employees who require access in the normal course of their duties, except to the extent the information is already in the public domain or Customer is required to disclose the Information by law.
Bank may act on any communication and provide the RDC Services and the Mobile Banking Services using any payment system or intermediary organization, vendor or provider it reasonably selects. Bank's provision of the RDC Services and the Mobile Banking Services is subject to the rules and regulations of any such system or organization. Bank may engage third parties to provide the RDC Services. Bank shall have no obligation to disclose arrangements with third parties to Customer or obtain Customer's consent thereto. Customer authorizes the transfer of information relating to Customer to agents of Bank or Customer for use in connection with the RDC Services and the Mobile Banking Services or as required by law.
Either Customer or Bank may produce telephonic or electronic recordings or computer records, including email and telecopy transmissions, as evidence in any proceedings brought in connection with the RDC Services and the Mobile Banking Services. Customer agrees to Bank's telephonic or electronic recording for security and quality of service purposes.
The RDC Services and Mobile Banking Services involving Customer Accounts at Bank are subject to Bank's terms and conditions of deposit account agreements and availability schedules in effect from time to time, provided that in the event of any conflict between this Section 9.10 and Bank's terms and conditions of deposit account agreements, this Section 9.10 shall prevail.
Customer shall promptly notify Bank in writing of any error in connection with the RDC Services or the Mobile Banking Services and any discrepancies between any records maintained by Customer and any notice Customer receives from Bank with respect to the RDC Services or the Mobile Banking Services, and shall provide Bank with any information it may reasonably request in connection therewith. Customer agrees that thirty (30) days is a reasonable time for Customer to notify Bank of errors or discrepancies, unless any other agreements, or laws, rules or regulations provide for a shorter period. Bank shall have the right to correct the amount in the data field for any Check that has an incorrect amount to be consistent with the image of the Check. Notwithstanding the foregoing, if Bank at any time discovers that the legal amount of the Check is different than the amount that has been credited to Customer's Account, Bank will make the necessary adjustment to the Account to correct the discrepancy.
Customer shall comply with all laws, rules and regulations in connection with the RDC Services and Mobile Banking Services. Customer agrees to be bound by such rules, and agrees that no entries that violate United States law may be initiated. CUSTOMER SHALL BE RESPONSIBLE FOR AND SHALL FULLY INDEMNIFY BANK TO THE FULLEST EXTENT ALLOWED UNDER SECTION 1.5 FOR ANY AND ALL FINES AND ASSESSMENTS IMPOSED ON BANK AS A RESULT OF ANY INFRACTION OR VIOLATION OF SUCH RULES CAUSED BY OR ATTRIBUTABLE TO CUSTOMER.
Customer acknowledges that Bank may have certain legal record keeping and reporting requirements with respect to the RDC Services and consents to Bank's disclosure to governmental authorities of information concerning Customer and the RDC Services and the Mobile Banking Services provided to Customer which Bank believes to be appropriate or necessary to fulfill such legal requirements.
Nothing contained herein shall be deemed to create fiduciary status on the part of Bank in connection with the provision of the RDC Services or Mobile Banking Services. The foregoing notwithstanding, to the extent, if any, that Bank is deemed to be a fiduciary of Customer in providing the RDC Services or Mobile Banking Services, this Agreement is not intended to, nor shall, relieve Bank of any fiduciary responsibility otherwise imposed by law.
In addition to the other grounds for termination or suspension of Services set forth in this Agreement, Bank may terminate or suspend the RDC Services or Mobile Banking Services without notice to Customer if (i) Bank determines it is impractical or illegal to provide the Services because of changes in laws, regulations or rules or (ii) Bank, in good faith, is unable to satisfy itself that the RDC Services or Mobile Banking Services have been properly authorized by Customer. Notwithstanding any termination, the terms of this Section 9.15 shall apply to all transactions, which have been initiated prior to termination.
Customer acknowledges that, except where purchased by Customer, the Bank (or its vendor) retains ownership of all equipment and components (hardware and software) furnished to Customer to enable Customer to access and utilize the RDC Services or the Mobile Banking Services. Upon termination, Customer shall return the equipment in the condition as originally provided to Customer, excepting reasonable wear and tear resulting from proper use, packed for proper shipment, shipped FOB to such location as may be designated by Bank. If such equipment is not so delivered, Customer shall pay Bank an amount equal to the replacement cost for the equipment as liquidated damages.
This Agreement and the Exhibits hereto constitute the entire agreement between the parties, supersedes all prior agreements relating to the matters provided herein, and shall not be modified nor any provision waived by Bank except by a written instrument duly executed by Bank and Customer. Any such waivers shall be effective only for the specific purposes, circumstances and duration provided therein. Article and Section headings are included for convenience of reference only and shall not constitute a part of this Agreement. There are no third party beneficiaries of this Agreement. This Agreement is made in Texas; and shall be governed by the laws of the State of Texas and by applicable federal laws and regulations. Notwithstanding any other terms of this Agreement, this Agreement shall be deemed to be amended automatically, without notice to either party, to comply with any statute, regulation or ruling (or any amendment thereof) of any government agency to whose jurisdiction Bank is subject. This Agreement may be assigned by Customer only with Bank's prior written consent but may be assigned by Bank upon notice to Customer. This Agreement shall bind and inure to the benefit of the parties and their representatives, successors and assigns.
Customer and Bank agree that the procedures herein are commercially reasonable practices and standards of care on Bank's part.
IN WITNESS WHEREOF, Bank and Customer have executed this Agreement as of _________ of 20__.
Exhibit 1 – Master Authorization Resolution
Exhibit 2 – Online Reporting Authorized Users
Exhibit 3 – Funds Transfer (Wire) Agreement and Authorization
Exhibit 4 – ACH Account Information/Authorized Persons
Exhibit 5 – Commercial E-Banking Risk Assessment and Controls Evaluation
Exhibit 6 – ACH Blocking
Exhibit 7 – Lockbox Services
Exhibit 8 – Lockbox Net Query Authorization Form
Exhibit 9 – Remote Deposit Capture Authorization Form
Exhibit 10 – Mobile Banking Services Authorization Form
Exhibit 11 – Commercial Schedule of Fees
Remote Deposit Capture
Liberty Capital Bank, located in Addison, Texas, services clients with
personal and commercial banking needs across the Dallas/Fort Worth metroplex.
We offer a fresh approach to banking, with long-term results in mind.
5055 Keller Springs Rd #120 | Liberty Plaza I | Addison, TX 75001 | (469) 375-6600
Real Estate Banking
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