National Bank & Trust La Grange, Texas
Electronic Statement Delivery Authorization And Agreement

The following provisions constitute an Electronic Statement Delivery Authorization and Agreement (this “Authorization”) with National Bank and Trust, La Grange, Texas (hereinafter referred to as “Bank”, “we”, “our”, and “us”) concerning the electronic delivery of periodic account statements concerning accounts maintained by the customer who signs this Authorization (hereinafter referred to as “you” , “yours”, and “depositor”).

1. Election and Authorization for Electronic Delivery

While the Bank is not required by law to provide its customers with periodic account statements, it has been our practice to deliver periodic statements to our customers, normally via the U. S. mail. You currently have the following options for delivery of your periodic account statements: via U.S. mail or in person at the Bank.

As an alternative to receiving delivery of your periodic account statements via the U.S. mail or in person, you may elect to receive such account statements electronically. By signing this Authorization, you affirmatively elect and authorize the Bank, at our discretion, to electronically deliver to you the periodic account statements for those specific accounts identified on the est@tement Authorization application. While various Federal and State laws and regulations may permit us to deliver other information and disclosures to you electronically, this Authorization applies only to the electronic delivery of periodic account statements (“eStatements”). In the event the Bank offers electronic delivery of other documents, disclosures or information in the future, you will be required to execute an additional authorization in order to initiate the electronic delivery of any such other documents, disclosures or information.

Your election and authority for electronic delivery can be withdrawn by your termination of this Authorization in accordance with the provisions of Section 7 below.

2. Security Measures

The Bank will use reasonable measures, consistent with industry standards, to maintain an appropriate level of security over the information contained in your eStatements. Upon receipt of this Authorization, signed by you, the Bank will “pre-note” your e-mail address by sending you a test e-mail and requiring you to reply prior to initiating the electronic delivery of your eStatements.

The Bank has no control over the persons who have access to your personal computer and eStatements once they are in your possession. The Bank will not be liable for any unauthorized access to your personal computer or to the information maintained on your computer, including your eStatements. You are responsible to initiate and maintain adequate procedures to prevent unauthorized access to your personal computer or unauthorized use of your electronic or other files, including your eStatements.

The industry standards for electronic technology are constantly changing and new standards are being developed. You acknowledge by signing this Authorization that there are risks to the electronic delivery of your eStatements, including but not limited to: 1) delay or failure due to technical difficulties, 2) weather conditions, 3) matters beyond the Bank’s reasonable control, 4) alteration of bank statements by third parties in spite of the Bank’s reasonable security measures.

As an additional security measure, the Bank has chosen to encrypt the mailing of your eStatements with a password which is in addition to the password required by your internet mail provider. By signing this Authorization, you represent to the Bank that you have considered the Bank’s security measures and find these security measures to be reasonable. You should consider the content of your eStatements, the risks associated with the electronic delivery of your eStatements, and the Bank’s security procedures in reaching this conclusion. If you decide that the Bank’s security procedures cease to be reasonable in the future, you should withdraw your authorization for the electronic delivery of your eStatements by your termination of this Authorization in accordance with the provisions of Section 7 below.

After signing this Authorization, you will continue to have the ability to receive paper copies of your eStatements upon making written request to the Bank for such paper copies. A Special Statement fee will be charged according to the Fee Schedule Chart for such paper copies.

3. Your Computer Specifications

In order for you to receive electronic delivery of your eStatements, your computer hardware, software, and your internet service provider (“ISP”) must meet the following specifications:

Pentium Class Computer
64 MB RAM
200 MB Free Disk Space
Windows 98 or NT Based Operating System
ISP Allows E-mail Attachments up to 1.5 MB

Your eStatements will be delivered in the form of a portable document file (PDF) attachment. In order to properly view or print your eStatements, you must install on your computer Adobe Acrobat Reader version 4.0 or higher. A copy of the Adobe Acrobat Reader program should have been obtained from the Bank or can be downloaded free of charge at http://www.adobe.com/products/acrobat/readermain.html. 

As mentioned above, your eStatements will be encrypted by the Bank as an additional security measure. In order for you to properly view or print the encrypted eStatements, you must install on your computer a shareware product such as WinZip. A copy of the WinZip program should have been obtained from the Bank or can be downloaded free of charge at http://www.winzip.com/ddchomea.htm. 

4. E-Mail Address

The Bank will deliver your eStatements to you via e-mail to the last known e-mail address provided by you. Transmission to your e-mail address is considered to be proper receipt by you.

By signing this Authorization, you agree to notify the Bank promptly in writing of any change of your e-mail address. For your protection and security purposes the Bank will not accept any change of e-mail address by e-mail or telephone, but only in the form of written notice, signed by you and delivered to the Bank in person or through the mail. For multiple-party accounts, the e-mail address may be changed by written notification from any authorized signatory to your account. The Bank shall have no obligation or liability to any of the parties to a multiple party account if the e-mail address is changed using the procedures described in this Authorization.

By signing this Authorization, you agree that any failure by you to notify the Bank in writing of any change in your e-mail address constitutes a lack of ordinary care on your part and that electronic delivery by the Bank to the e-mail address provided by you to the Bank is an exercise of ordinary care by the Bank.

If the Bank becomes aware that you are not receiving your eStatements, we may mail your account statements to your last known address as reflected in the Bank’s records.

5. Prompt Review of Statements

Your eStatements will be dated the day your eStatements are sent to you by e-mail (the “E-Mail Date”). Promptly review your eStatements and notify the Bank in writing or by e-mail with Bookkeeping  within 30 days from the E-Mail Date of any error, unauthorized signature, lack of signature, alteration, or other irregularities in your eStatements, items or account. If you allow someone other than yourself to review your eStatements, you must still review the eStatements yourself for errors, unauthorized signatures, lack of signatures, alterations, or other irregularities because you may be responsible for the wrongful acts of your employees and agents. The 30 days within which you must notify the Bank of any errors in your eStatements shall begin on the E-Mail Date regardless of when you receive and/or open the eStatements.

6. Notice of Unauthorized Access

If you believe your eStatements are lost or someone has obtained access to your eStatements without your permission, call the Bank at (979) 968-4558 or write the Bookkeeping Department at National Bank and Trust, P. O. Box 310, La Grange, Texas 78945.

7. Termination/Amendment

You have the right to terminate this Authorization and withdraw your election and authorization to have your account statements delivered electronically by delivering to the Bank written notice of your withdrawal and termination. Such withdrawal and termination shall be effective 10 days following the Bank’s receipt of the written withdrawal and termination signed by you.

The Bank will have the right to terminate this Authorization immediately if you fail to comply with the terms of this Authorization or in the event that Bank, in its discretion, deems that is in the best interests of the Bank to cease electronic delivery of account statements to you. If the Bank terminates this Authorization, we will do so by written notice which will be mailed to you and the termination will be effective on the effective date specified on the written notice and not on the date when the notice is mailed or received. In the event there are more than one signatory on an account, notice to any one signatory shall be effective as to all signatories and the account.

Any amendments or revisions to this Authorization must be made in writing signed by an authorized signatory on your account, accepted in writing by a Bank officer, attached to the Bank’s copy of this Authorization and retained in the Bank’s account records either in paper or electronic format.

8. Disclaimer of Warranty

The Bank makes no warranties to the software program(s) used to access the electronically delivered account statements and the Bank does not warrant that the software program(s) or the Bank’s electronic account statement delivery services will meet your specific requirements. The Bank makes no warranties of any kind, whether express or implied, with respect to the use and adequacy of the software program(s) or electronic account statement delivery services that the Bank provides in accordance with this Authorization. The Bank disclaims any and all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

9. Liability; Indemnification

The Bank shall have no liability for losses that are not the direct result of our negligence or intentional misconduct in electronically delivering account statements to you. The Bank shall have no liability for failure to electronically deliver any account statement or for any disruption or delay in electronically delivering any account statement in the event such failure, disruption, or delay is due to circumstances beyond our reasonable control, including, but not limited to: 1) failure or disruption of electric power, 2) failure or breakdown of computer equipment, 3) failure or disruption of telecommunications systems, 4) failure, disruption, or breakdown of your ISP, or 5) weather conditions. The Bank shall have no liability for any consequential, special, punitive damages or indirect loss under any circumstances.

Except to the extent that the Bank may be liable under the provisions of this Authorization, by signing this Authorization, you agree to indemnify and hold the Bank and our Directors, Officers, Employees, and Agents harmless from all claims, demands, judgments, and expenses (including reasonable attorney’s fees) arising out of or in any way connected with the electronic delivery of your account statements. You agree that this indemnification shall survive the termination of this agreement.

10. Governing Law/Jurisdiction/Severability

The agreement shall be governed by and interpreted in accordance with the laws of the State of Texas and any applicable Federal laws and regulations. You hereby agree to submit to the jurisdiction of any Federal or State court sitting in the State of Texas for any action that you bring under this Authorization and agree that in any such action venue shall be proper in Fayette County, Texas. A determination that any part of this Authorization is invalid or unenforceable will not affect the remainder of this Authorization.

I have read the disclosure and agree to the terms and would like to proceed with the application
 

For additional information call (979) 968-3136 or (800) 330-3136
Tele-Bank  (979) 968-4545 or (888) 968-4545