Skip Navigation

Documents in Portable Document Format (PDF) require Adobe Acrobat Reader 5.0 or higher to view. Download Adobe© Acrobat Reader.


American State Bank

Online Banking Agreement


This Agreement states the terms and conditions for electronic access to your accounts with American State Bank (the "Bank" or “American Bank”). When you use, or you permit any other person to use, the online banking services offered by American State Bank for electronic access to your accounts, you agree to all of the terms and conditions of this Agreement. These terms and conditions are in addition to those that apply to any accounts you have with the Bank. This Agreement is an addendum to the existing account agreement and signature card that you received and signed when opening your account, as amended from time to time. This Agreement is also subject to applicable federal laws and the laws of the State of Texas (except to the extent this Agreement can and does vary such rules or laws). This Agreement is not intended to affect or amend any agreement or contract between you and Bank for the provision of a particular financial product or service. The terms and conditions of the agreements and disclosures for each of your accounts, as well as your other agreements with the Bank, continue to apply notwithstanding anything to the contrary in this Agreement and those terms and conditions are hereby incorporated by reference into this Agreement. If there is a conflict between the terms and conditions of this Agreement and one contained in the other agreements between us, this Agreement will control but only to the extent necessary. In the event of such a conflict, such separate terms and conditions will govern and control with respect to the corresponding product or service.
As used in this Agreement, "you" or "your" refers to each person(s) subscribing to, using or accessing the online banking services (the “services”); "we," “it,” "us," or "our" refers to American State Bank and any agent, independent contractor, designee, or assignee that American State Bank may, in its sole discretion, involve in the provision of these online banking services.
These online banking services are not a product belonging to the Bank but are, instead, the product of various third party service providers which has been made available to Bank’s customers if they elect to accept such service. Such service will provide you with information relative to your bank statements and your accounts at the Bank and, should you elect, such program may also permit you to initiate certain transfers between and from your accounts. The Bank has no proprietary control over the services and, therefore, cannot and will not guarantee their performance or suitability.
BY ACCESSING THESE SERVICES YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY DISCONTINUE USING AND ACCESSING THESE SERVICES. BANK MAY MODIFY THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME IN BANK’S SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU SHOULD PERIODICALLY REVIEW THIS AGREEMENT CAREFULLY IN ORDER TO MAKE SURE THAT YOU ARE AWARE OF THE MOST CURRENT TERMS AND CONDITIONS FOR THE USE OF THESE SERVICES. ANY USE OF THESE SERVICES BY YOU AFTER ANY CHANGE TO THIS AGREEMENT, WHETHER OR NOT YOU HAVE REVIEWED THE AMENDED AGREEMENT, CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT AS CHANGED. Bank may discontinue the operation, maintenance or provision of these services and/or any related content, features, products or services, or the terms thereof, at any time without notice or liability to you or to any third party.
To use these online services, you must have at least one checking account at Bank, access to Internet service, and an e mail address. Once Bank has received your signed Enrollment Form, and verified your account information, it will provide you, either in person, by phone, or by postal mail, confirmation of its acceptance of your enrollment, along with your assigned log in ID and temporary password. These services can be used to access only the Bank accounts which you have designated for access in your Enrollment Form and have been approved by Bank. You can request to add or delete Bank accounts from this Agreement by completing a new Enrollment Form. Access to your accounts through these online services will be based upon the identification of users and authority levels specified by you in your Enrollment Form. BANK UNDERTAKES NO OBLIGATION TO MONITOR TRANSACTIONS THROUGH SERVICES TO DETERMINE THAT THEY ARE MADE ON BEHALF OF THE ACCOUNT HOLDER.
For security purposes, you are required to change your password upon your initial login to the online services. You determine what password you will use, but it must be at least 4 and no more than 8 characters in length, and must be a combination of letters and numbers. Special characters/symbols and blank spaces are not allowed. Your password is case sensitive, so letters must be entered in upper case or lower case as originally entered. You should select your password carefully, and you should not use names, dates and information that may easily be guessed.
Use of your log-in ID and password (the “Access Codes”) is the agreed security procedure to access the online banking services. You agree that Bank may accept as authentic and is authorized to act on any instructions received under your Access Codes. You understand that an electronically transmitted transaction using the Access Codes is not subject to verification and you may be solely responsible for any actions taken using these Access Codes. You acknowledge and agree that, notwithstanding the terms of any agreement to the contrary between you and Bank, when you use the online services to effect electronic transactions, the Bank shall have no responsibility for verifying such transactions by telephone or otherwise prior to effecting the transaction. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful, consecutive attempts to use your password, your access to the online services will be revoked. To re establish your authorization to use the online services, you must contact us to have your password reset or to obtain a new temporary password. You must create a password that utilizes both alpha characters and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. Bank also recommends that you do not use as a password any word that is found in any dictionary.
You understand the importance of your role in preventing misuse of your accounts through the online banking services and you agree to promptly examine your paper statement for each of your accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and log-in ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via the online banking service is encrypted in an effort to provide transmission security. Notwithstanding our efforts to insure that the online banking service is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. Bank cannot and does not warrant that all data transfers utilizing the online banking service, or e mail transmitted to and from Bank, will not be monitored or read by others.
CONTACT BANK AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts. If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time.
You will not receive a separate statement for these online services. Transactions to and from your accounts using these online services will appear on the respective periodic paper statements for your Bank accounts.
You can use these online services to check the balance of your Bank accounts, view Bank account histories, transfer funds between your Bank accounts, order checks, make stop payment requests, activate and reorder and report lost or stolen ATM or debit cards, and pay bills from your Bank accounts if you have requested the optional Bill Payment Service on your Enrollment Form. Balance and activity information are available as of 4:00 p.m., Central Standard Time, of the previous business day.
Transfers initiated through these online services before 6:30 p.m. (Central Standard Time) on a business day are posted to your account the same day. Bill payments from your account are not posted to your account until the bill payment is received for clearing. Transfers completed after 6:30 p.m., (Central Standard Time) on a business day, or conducted on Saturday, Sunday or a banking holiday, will be posted on the next business day. Online services identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts in order to avoid overdrafts.
The number of transfers from Bank accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then: a. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority; b. Electronic funds transfers initiated through these online services which would result in an overdraft of your account may, at our discretion, be canceled and overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account; c. In the event the electronic funds transfers initiated through these online services which would result in an overdraft of your account are not canceled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account. If the Bank in its sole discretion creates an overdraft to complete a transaction, you agree to repay Bank upon demand, together with interest (at the Bank’s then current per diem interest rate for such overdrafts), a processing fee and, if necessary, the costs of collection. However, the Bank is under no obligation to create an overdraft for any purpose. The Bank is not liable for failing or refusing to perform any transaction which would violate this or any other agreement with the Bank.
You agree to pay the fees and charges for your use of these online services as set forth in the current fee schedule. You agree that any such fees and charges will be deducted from the Bank checking account designated as the "Primary Checking Account" (the first account listed) on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. If you do not timely designate another account as your Primary Checking Account, then we are authorized to deduct all such fees and charges from any account that you have with Bank. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of these online services.
You can access the online services seven days a week, twenty four hours a day, although some or all online services may not be available occasionally due to emergency or scheduled system maintenance.

Available Services. You will be allowed access to the online services by first entering your Access Codes.

a) Account Information. You may use the online services to obtain balance and transaction information about your eligible linked accounts with us. Please note that while the online services operates in a “real time” mode, balance information may not reflect transactions not received by the Bank such as outstanding checks or recent debit card transactions conducted at off line merchants. Balances may also be subject to a hold (which will not necessarily be evident from the online services, but which you would have received written notice of when it was placed, either in person or by mail). Please also note that online transaction history for accounts is limited to your current statement cycle and previous statement cycle; you may need to check the statements that we have previously sent you for information beyond the last day covered by the online transaction history. You may download your eligible account(s) information into software such as Quickbooks or Money software. Any links to, or downloads from, outside sources provided through the online services are beyond the control on the Bank’s security and the Bank is not responsible for the content, operation or security of such sites or your computer.
b) Funds Transfers. You may use the online services to transfer money between certain eligible consumer accounts you have with American State Bank. You may schedule transfers to be initiated on the current Business Day, on a future date, or on the same date of each month, subject to the restrictions in this and other agreements between you and the Bank. While you can enter transfer information through the online service twenty four (24) hours a day, seven (7) days a week, transfers can be initiated only on Business Days. Funds will be deducted from the eligible account you designate on the Business Day on which a transfer is to be "initiated." This date is referred to in this Agreement as the "Transaction Date." If you direct the initiation of a transfer to occur on a day other than a Business Day, it will be initiated on the following Business Day. Transfers must be scheduled by 6:30 p.m. (Central Standard Time) on any Business Day in order for the transaction to be completed on that Business Day. Recurring transfers are those made for the same amount and are made on a weekly, bi monthly, monthly basis, etc. Once started, recurring transfers will be made automatically until your account(s) no longer has sufficient funds in it, until you delete the transfer on line or until you tell us to stop or cancel such transfer or the online services and we have a reasonable opportunity to act on your request. Call or write us at the telephone number or address listed in this Agreement in time for us to receive your request 3 Business Days or more before the transfer is scheduled to be made. If you call, we will also require you to put your request in writing and get it to us within 14 days after your call.
c) Bill Payment. Click on the link to Bill Payment contained on the online banking screens. First time users of American State Bank Bill Payment Services will be required to accept an additional online Agreement specific to Bill Payment Services. Please read this Agreement thoroughly, since it contains applicable rules, restrictions and guidelines related to Bill Payment Services. Upon acceptance of the Bill Payment Agreement, that Agreement becomes an addendum to this Agreement and a part of your overall online services Agreement with American State Bank.
d) Customer Service. Answers to the online services frequently asked questions can be found by using the Help Button shown on the various online banking screens. Additionally, you may communicate with American State Bank by utilizing the Contact Us link shown on the American State Bank Internet Home Page using a personal computer to send and receive written messages electronically after logging onto the computer. This method is very effective for requesting additional information, questions, comments and other miscellaneous correspondence. E MAIL IS NOT A SECURE METHOD OF COMMUNICATION AND CONFIDENTIAL INFORMATION SHOULD NOT BE SENT OVER THE INTERNET EMAIL. You may also contact one of our Customer Service Representatives at 903/859-2211 between the hours of 8 A.M. & 4 P.M., Monday – Thursday and 8 A.M. & 6 P.M. on Friday (excluding Bank holidays).

Limitations on Services
1. Dollar Limitations. There is a dollar limit of $ 9,999.99 (or the available balance in your deposit account, whichever is less) on any Transfer.
2. Transfer Limitations. Except as provided herein, all Transfers to and from an account are subject to the terms and conditions applicable to such account as set forth in the account agreement governing such account. With respect to non transaction accounts including money market accounts, and savings accounts, you may not make more than six transfers or withdrawals per month or statement period to another account of yours or when these transfers are made by means of a pre authorized or automatic transfer, or telephonic agreement, order or instruction, including these online services.
3. Available Funds Required. All Transfers initiated through these online services are subject to there being sufficient funds available in the affected account to cover the Transfer on the Scheduled Initiation Date.

Authorization To Charge Accounts.
You authorize Bank to charge your designated account(s) for any transactions accomplished through the use of these online services, including the amount of any Transfer made through the use of these online services. You authorize Bank to transfer funds according to the instructions we receive if the instructions are received by us through these online services. You authorize Bank to initiate any reversing entry or reversing file, and to debit your accounts at the Bank, in order to correct any mistaken credit entry.
You understand that if a Transfer request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary. Your obligation to pay the amount of the Transfer to the Bank is not excused in such circumstances.
Bank will have no liability for the execution or failure to execute Transfer request which includes a discrepancy between the name of a person and an account number or which is to be made from an account with insufficient available funds. Bank will not be responsible for resubmitting any payment for you after funds become available in an account from which a Transfer was to be made.
Termination or suspension of online service
Your Right to Terminate You may cancel these online services at any time by providing us with written notice by postal mail or fax. Your access to these online services will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Bank’s Right to Terminate or Suspend You agree that Bank can terminate or limit your access to these online services for any of the following reasons: (1) without prior notice, if you have insufficient funds in any one of your bank accounts (these online services may be reinstated, at Bank’s sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits); (2) upon 3 business day's notice, if you do not contact Bank to designate a new Primary Checking Account immediately after you close your Primary Checking Account; or (3) upon reasonable notice, for any other reason at Bank’s sole discretion. Bank also reserves the right to temporarily suspend the online services in situations deemed appropriate by Bank, in Bank’s sole and absolute discretion, including when Bank believes a breach of the system security has occurred or is being attempted. Bank may consider repeated incorrect attempts to enter your Access ID or Password as an indication of an attempted security breach.
In any such event, Bank may (but is not obligated to) immediately discontinue making previously authorized transfers, including recurring payments and other transfers that were previously authorized but not yet made. Termination or suspension of the online services does not affect your obligations under this Agreement with respect to occurrences before termination or for your cooperation after termination.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THESE ONLINE SERVICES IS AT YOUR SOLE RISK. THESE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
BANK MAKES NO REPRESENTATION OR WARRANTY THAT (i) THESE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THESE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THESE ONLINE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THESE ONLINE SERVICES WILL MEET YOUR EXPECTATIONS, AND/OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESE ONLINE SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANK OR THROUGH OR FROM THESE ONLINE SERVICES OR THE BANK’S WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE THAT BANK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS, INJURIES OR CLAIMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM (i) THE USE OF OR THE INABILITY TO USE THESE ONLINE SERVICES, (ii) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THESE ONLINE SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING THESE ONLINE SERVICES, (v) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, AND/OR (vi) ANY OTHER MATTER RELATING TO THESE ONLINE SERVICES OR YOUR USE THEREOF.
EXCEPT WHEN CAUSED BY BANK’S INTENTIONAL MISCONDUCT OR WANTONNESS, YOU AGREE TO INDEMNIFY, PROTECT AND FULLY COMPENSATE BANK AND ITS SERVICE PROVIDERS AND LICENSORS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF THESE ONLINE SERVICES, YOUR VIOLATION OF THIS AGREEMENT OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
This Agreement constitutes the current, sole and entire agreement between you and Bank with respect to the use of these online services, and any and all prior “Terms of Use” with respect to the use of these online services are superseded by this Agreement. You acknowledge and agree that no practice or course of dealing between you and Bank, nor any oral representations by any representative of Bank, which vary the terms and conditions of this Agreement shall constitute a modification or amendment of the terms and conditions of this Agreement. No failure by Bank to exercise, and no delay by Bank in exercising, any right or remedy shall operate as a waiver thereof. If any provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, such provision shall be deemed automatically reformed to the extent, and only to the extent, necessary to render it valid and enforceable under applicable law; however, if such reformation of the provision is not reasonably possible, the provision shall be deemed severed from this Agreement with respect to the person or circumstances as to which such provision shall be invalid or unenforceable, and the remainder of this Agreement continue in full force and effect to the fullest extent permitted by law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws provisions or your actual state or country of residence, and applicable federal law. For purposes of any action or proceeding arising out of this Agreement, you expressly submit to the jurisdiction of all federal and state courts located in the State of Texas, and agree that Bank, in its discretion, may require that Smith County, Texas, be the venue for any legal proceedings arising out of or related to this Agreement. You waive and agree not to assert in any action, suit or proceeding that you are not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum or that venue of the action, suit or proceeding is improper. In the event that you should have any claim or cause of action against Bank arising out of your use of these online services, you agree that, regardless of any statute or law to the contrary, such claim or cause of action must be initiated or filed in a court of competent jurisdiction within one (1) year after accruing or be forever barred.
Arbitration - The parties agree that any dispute between them and any claim made by either against the other arising under or related to this agreement or its construction or any act or omission with respect to or related to any obligation arising under or related to this Agreement, including any question as to whether the dispute or claim is subject to arbitration hereunder, will be settled by arbitration. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator(s), including the amount of any damages suffered, will be final and binding on both parties. Each party will bear that party's own expenses in the arbitration proceedings for arbitrators fees, attorneys fees and all other costs involved.
Communications between Bank and You Unless this Agreement provides otherwise, you can communicate with Bank in any one of the following ways: (1) By Computer -- you can utilize the Contact Us link shown on the American State Bank Internet Home Page using a personal computer to send and receive written messages electronically after logging onto the American State Bank Internet Home Page; (2) By Telephone you can contact Bank by telephone at (903) 859-2211; By Facsimile you can contact Bank by fax at (903) 859-8241; By Postal Mail you can write to Bank at: American State Bank, P. O. Box 100, Arp, TX 75750; In Person -- or you may visit in person at any one of Bank’s banking center locations.
Consent to Electronic Delivery of Notices You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic funds transfer disclosures, may be made electronically by posting the notice on the American State Bank Internet Home Page.
 

Online Banking