Online Agreement

The Bank of River Oaks Internet Banking Agreement & Disclosure

Please read this disclosure carefully before following the link at the bottom of the page.

Introduction

This Internet Banking Agreement and Disclosure governs your use of Internet Banking. Throughout this web site the Agreement and Disclosure will be referred as “Agreement”. By using Internet Banking, you agree to all terms of this Agreement. Please, read it carefully and keep a copy for your records.

Fees

Internet Account Access No Charge

Internet IPay bill pay service No Charge

Definitions

You or Your – The person(s) subscribing to or using Internet Banking.

We, Us or Our – Refers to The Bank of River Oaks and any agent, independent contractor, designee, or assignee The Bank of River Oaks may involve in the provision of Internet Banking.

Business Day – Any calendar day other than Saturday, Sunday, or any holidays recognized by The Bank of River Oaks.

Electronic Bank Statements and Disclosures

You agree to receive your account statements online at no charge.  If you wish to receive your statements in paper form, you will be charged a $5.00 monthly fee.  If you wish to discontinue receiving your statements electronically, you must notify us in writing. 

You agree to receive your annual Privacy Notice, EFT Resolution Notice, Texas Complaint Notice and any notification of changes in fees electronically.  If you wish to receive these notices in paper form, you must notify us of your desire to do so. Disclosures are available to you in paper form at no charge.

Virus Protection

The Bank of River Oaks is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

About Internet Banking

The Internet Banking system that is accessible by The Bank of River Oaks’ customers over the Internet currently consists of:

• Account Inquiries
• Secure Applications
• View Detailed Transactions
• View Images of Checks – Full Statements
• Downloads
• View Pending ACH Debits and Credits

Additional components of an Internet Banking sites involves in-bank transfers and bill payments. The different features of these components are:

• Account Transfers
• One-time Electronic Payments
• Fixed Recurring Payments
• Variable Recurring Payments

Log On and Security

In order to ensure the security of your accounts, we will end your online session if we have detected no activity for five (5) minutes. This is to protect you in case you accidentally leave your computer unattended while you are logged on. When you return to your computer, simply re-enter your passcode and your session will continue where you left off.

Because your passcode is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a passcode that is hard to guess. (We suggest that you stay away from names, dates and information that may easily be guessed.) Keep your passcode safe. Memorize your passcode and never tell it to anyone. Change your passcode frequently. This can be done at the beginning of each Internet session. Three (3) invalid passcode attempts will lock your online banking account and you will need to contact The Bank of River Oaks to have this reset.

Balance Inquiries and Transfers

You may use Internet Banking to check the balance of your accounts and to transfer funds among your accounts. According to Federal regulations, you may not make more than six (6) pre-authorized or automatic transfers from your Money Market Account during a given monthly statement period. There are no limits to the number of transfers from your Checking Accounts.

Shown balances of accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. If you have further questions, contact The Bank of River Oaks.

Cut off Times

Intrabank internal transfers that are made before 5:00 PM CST will be processed the same business day.  Intrabank internal transfers made after 5:00 PM CST and weekends or holidays will be processed the next business day. For domestic wires initiated by Business Internet Banking, transfers initiated before 3PM CST will be processed the same business day.  Wires initiated after 3PM CST will be processed the next business day.  International wires in foreign currency cannot be processed through Business Online Banking.  Domestic wire transfers that are initiated in person, telephone or fax by 4:00 PM CST will be processed the same business day.  International wires sent in foreign currency initiated before 2 PM CST will be processed the same business day. International wires sent in foreign currency initiated after 2 PM CST and weekends or holidays will be processed the next business day.  International wires sent in US dollars initiated before 3 PM CST will be processed the same business day.  International wires sent in US dollars initiated after 3 PM CST and on weekends and holidays will be processed the next business day.  ACH transfers initiated before 3:30 PM CST will be processed on the same business day. ACH transfers initiated after 3:30 PM CST and on weekends or holidays will be processed the next business day. 

Online Bill Pay payments initiated by 3:00PM CST will be processed the same business day.  Online Bill Pay payments initiated after 3:00 PM CST and on weekends or holidays will be processed the next business day.

Bill Pay Service

There is no service charge for Bill Pay service through IPay.

Our Liability for Incomplete  Transactions

It is our responsibility to process all transfers and bill payments properly initiated through Internet Banking in accordance with this Agreement.  We will be liable for damages caused by delay in process or error in process.  We will not be liable if any of the following occurs:

• Funds are not available in your account or attached credit line
• Funds are subject to legal process
• You had knowledge of or questions about the possible malfunction of equipment when initiated the transaction
• Any information provided by you about the Payee is incorrect
• There are any delays in the handling of the payment by the Payees
• Natural disasters (fire,flood,tornado,etc.) or other uncontrollable circumstances (mail delays, power failures, etc.) prevent proper completion and delivery of transactions.
• Other applicable laws and/or regulations exempt us from liability

Notice of Your Rights and Liabilities

Notify us immediately if your passcode has been lost or stolen. Failure to notify us immediately could result in the loss of all money accessible by the passcode.

If your statement shows unauthorized transfers, notify us within 30 days after the statement is mailed to you, after 30 days lost funds might not be recovered.

Errors and Questions

In cases of errors or questions concerning transactions completed through Internet Banking, please contact us:

By telephone (713) 520-6257

By mail P O Box 131002

Houston, TX 77027

We will tell you the results of our investigation within ten (10) business days after notification. If we need more time we may take up to 45 business days to investigate. If we choose to take up to 45 business days, we will give you a provisional credit to your account with ten (10) business days. If we decide there was no error, we will furnish you with a written explanation within three (3) days after the investigation is complete.

No Signature Requirements

When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.

Disclosure of Account Information to Third Parties

Information to third parties about  your account(s) or the transaction(s) you make will only be disclosed if at least one of the following applies:

• It is necessary to complete a transaction
• To verify the existence and condition of your account to a third party such as a credit bureau or merchant
• To comply with a governmental agency or court order
• If permission is given to us by you, which we may require in writing
• To collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer service
• It involves a claim by or against us concerning a deposit to or withdrawal from your account
• Where otherwise required or permitted under state or federal laws and/or regulations

Termination

You may terminate the use of Internet Banking by contacting The Bank of River Oaks in writing by mail, e-mail, or personal delivery. If your account is closed or restricted for any reason, Internet Banking accessibility will automatically terminate.

Security Statement

This Internet Banking System brings together a combination of industry- approved security technologies to protect data for the bank and for you, our customer.  It features password-controlled system entry, Secure Sockets Layer (SSL) protocol for data encryption, and a router loaded with a firewall to regulate the inflow and outflow of server traffic.

Secure Access and Verifying User Authenticity

To begin a session with the bank’s server, the user must key in an Access ID and a password. Our system, the Internet Banking Systems, uses a “3 strikes and you’re out” lock-out mechanism to deter users from repeated login attempts.  After three unsuccessful login attempts, the system locks the user out, requiring either a designated waiting period or a phone call to the bank to re set the password before re-entry into the system.  Upon success full login the system authenticates the user’s identity and establishes a secure session with the user.

Secure Data Transfer

Once the server session is established, the user and the server are in a secured environment.  Because the server has been certified as a 128-bit secure server by VeriSign, data traveling between the user and the server is encrypted with Secure Sockets Layer (SSL) protocol.  With SSL, data travels between the bank and customer is encrypted and can only be decrypted with the public and private key pair.  In short, the bank’s server issues a public key to end user’s browser and creates a temporary private key.  The two keys are the only combination possible for that session.  When the session is complete, the keys expire and the whole process starts over when a new end user makes a server session.

Router and Firewall

Requests must filter through a router and firewall before they are permitted to reach the server.  A Router, a piece of hardware, works in conjunction with the firewall, a piece of software, to block and direct traffic coming to the server.  The configuration begins by disallowing ALL traffic and then opens holes only when necessary to process acceptable data requests, such as retrieving web pages or sending customer requests to the bank.  Using the above technologies, your Internet Banking transactions are secure. 

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

Assignment

This agreement may not be assigned to any other party by you. We may assign or delegate, in part or whole, to any third party.

Amendments

Terms and conditions of this agreement may be amended in whole or part at any time with 30 days written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. Amendments or changes to term(s) or condition(s) may be made without prior notice if it does not result in higher fees, more restrictive service use, or increased liability to you.

Entire Agreement

This Agreement supplements any other agreements or disclosures related to your account(s) including the Deposit Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this agreement shall supersede.