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Online Banking Service Agreement
and Disclosure Statement
By signing an application and enrollment form (the "Application") to
subscribe to certain internet banking and related services offered by
INVESTAR BANK , a Louisiana banking corporation, as described in this
Service Agreement and Disclosure Statement (this "Agreement") and as
otherwise made available by the Bank from time to time (collectively, "INVESTAR
BANK online banking service"), or by your initial access to INVESTAR
BANK online banking service, and in consideration of our allowing you
access to INVESTAR BANK online banking service, you agree to the terms
and conditions of this Agreement. Each reference in this Agreement to
the "Bank", "INVESTAR BANK ", "we", "us", or "our" refers to INVESTAR
BANK, a Louisiana banking corporation, and each reference to "you" and
"your" refers to each depositor, borrower, authorized signer, or
authorized user for an account (as defined below) who is now or
hereafter enrolled in any one or more of the INVESTAR BANK online
banking services with respect to the account. Each time you use INVESTAR
BANK 's online banking service constitutes confirmation by you of your
agreement to and understanding of the terms of this Agreement and any
screens that appear on your computer when you sign on to INVESTAR BANK
's Web Site. This agreement will be effective as of the date of our
acceptance of this Agreement as evidenced by our issuance of a PIN to
you as provided in Section 3. Please read this Agreement carefully and
keep it for future reference.
BROWSER SECURITY. INVESTAR BANK transmits data Using SSL (Secure Socket
Layer) technology that supports 128-bit key encryption. It is important
to verify that a secure connection between your browser and the Internet
Banking server has been established before transmitting any confidential
account information over the Internet. This can be verified by an
indicator on your web browser. Netscape Navigator has a key symbol that
appears in the lower left corner of the screen. When the symbol appears
"solid" transmitted data is being encrypted. When this symbol appears
"broken", a secure session has not been established. Similarly,
Microsoft Internet Explorer has a lock symbol that appears when data is
being encrypted. When this symbol does not appear, a session is not
secure.
HOST SECURITY. INVESTAR BANK'S web server does not connect directly
to the Internet. It is buffered from the Internet through the use of a
firewall. All access from outside the bank must go through this
firewall, which screens the requests and allows only valid http traffic
to reach the server. INVESTAR BANK Internet Banking makes use of an ICSA
certified firewall.
LINKS. Links to non-INVESTAR BANK websites contained in this site
are offered only as pointers to sources of information on subjects that
may be of interest to users of the INVESTAR BANK website, and INVESTAR
BANK is not responsible for the content of such sites as we have no
control over what is displayed there. INVESTAR BANK does not guarantee
the authenticity of documents at such sites, and links to non-INVESTAR
BANK sites do not imply any endorsement of or responsibility for the
ideas, opinions, information, products, or services offered at such
sites. Use of links to any non-INVESTAR BANK site is solely at the
user's own risk.
COPYRIGHT/TRADEMARKS. You acknowledge and agree that all Content is
the copyrighted work of INVESTAR BANK or third party content suppliers,
and is protected by US and international copyright laws. The compilation
(meaning the collection, arrangement and assembly) of all Content is
also the exclusive property of INVESTAR BANK and is protected by US and
international copyright laws. If you download anything on this Web Site,
you must keep all copyright and other notices intact. You may not
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, or other content obtained from this Web Site without the
prior written authorization of INVESTAR BANK or the third party
suppliers. You acknowledge that www.investarbank.com, the INVESTAR BANK
logo and INVESTARBANK.com logo, all page headers, custom graphics, and
button icons are service marks and/or trademarks of INVESTAR BANK or
it's third party providers, and that all other trademarks, product
names, company names or logos on the Web Site are the property of their
respective owners.
Your Use of INVESTAR BANK online Banking
In order to use INVESTAR BANK online banking services, you must be at
least 18 years of age and reside in the United States. In consideration
of your use of online banking, you agree to provide true, accurate and
current information about yourself as prompted by the registration and
application forms on this Web Site. If any information you provide is
untrue, inaccurate or not current, or if INVESTAR BANK has reasonable
grounds to suspect that such information is untrue, inaccurate or not
current, INVESTAR BANK, at its sole discretion, has the right to suspend
or terminate your use and refuse all current or future access to the
content and use of the services or suspend any portion thereof. Further,
you agree that INVESTAR BANK will not be liable to you or any third
party if INVESTAR BANK terminates your access to the services or content
for any reason
1. Hardware and Software Requirements. To be able to use INVESTAR
BANK, you must provide your own access to the Internet via a personal
computer (a "PC"). You are solely responsible for scanning the Hardware
and the Software for computer viruses and other related problems before
you use them.
- Generally. You agree to use INVESTAR BANK online banking solely
for the services described in this Agreement and designated by you
in the Application or subsequently designated by you as provided in
Section 5, and solely in connection with each deposit account
(collectively, the "Deposit Accounts") and each loan account
(collectively, the "Credit Account") held by the Bank and designated
by you in the Application or subsequently designated by you as
described below (collectively, the "Accounts"), except as otherwise
expressly provided in this Agreement or as otherwise expressly
permitted by us from time to time. Under this Agreement, there may
be multiple accounts. You may add any account for which you, or all
of you if more than one, are depositor, borrower, authorized signer,
or authorized user by notifying the Bank or by visiting any Bank
branch office.
2. Password; Confidentiality of Password. All INVESTAR BANK
online banking transactions or inquiries must be initiated by use of
your INVESTAR BANK online banking password. You will be able to assign
your Access ID and password after you have submitted your Application.
The first time you sign on INVESTAR BANK online banking, you will be
required to select your password. You may change your password from time
to time, as provided in the Software. It is recommended that you do not
use your social security number, birthdays, names, or other codes that
may be easy for others to determine as your password. No Bank employee
will ever ask for your password, nor should you provide it to anyone
unless you intend to allow that person access to your accounts. YOU
AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE PASSWORD BY YOU OR
BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME
AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR
REQUEST COMMUNICATED THROUGH INVESTAR BANK ONLINE BANKING. You agree
that any INVESTAR BANK online transaction or request initiated by use of
the password will be subject to and governed by this Agreement.
If you authorize another person to use your password, that person can
use INVESTAR BANK online to view any information or initiate any
transaction on any of the accounts to the same extent as you, including
viewing information or initiating transactions on accounts to which that
person does not otherwise have access. As such, your sharing of your
password is strongly discouraged by the Bank, and done at your sole risk
and peril.
If you believe that the confidentiality of your password has been
compromised, you agree to notify INVESTAR BANK immediately and you agree
to change your password. If a third party should gain access to your
password, you alone are responsible for changing the password so as to
deny the third party's access to your banking information. Given the
electronic nature of these transactions, the Bank shall have no
liability to you in the event a third party should gain access to your
password through no fault of the Bank.
You should always exit INVESTAR BANK online after you finish viewing
your accounts. Never leave your computer unattended while accessing
INVESTAR BANK online. If you should, a third party may be able to access
your accounts from your terminal, without ever needing to use your
password and you would be responsible for that activity.
3. Business Days. Business days for the Bank and for INVESTAR BANK
online are Monday through Friday, excluding Federal Holidays. You may
access the accounts through INVESTAR BANK online 24 hours a day, seven
days a week, except that INVESTAR BANK may perform regular maintenance
on our systems or equipment, which may result in errors or interrupted
service. We may also find it necessary to occasionally change the scope
of our services. INVESTAR BANK cannot guarantee that we will be able to
provide notice of such interruptions and changes, although we will
attempt to provide such notice.
4. Online Services. You may use INVESTAR BANK online to perform any
of the following services designated by you in the Application or
subsequently added by you as provided below:
- To receive and download balance and transaction information for
INVESTAR BANK accounts;
- To transfer funds between any authorized Deposit Accounts, such
as checking, savings or money market deposit accounts;
- To export account information into a formatted file. This file
will be downloaded onto your computer where it will be available for
import into a personal financial management software program;
- To initiate a stop payment on a check;
- To order checks for your authorized accounts;
- To receive your monthly statements online;
- To apply for products and services;
- To pay bills electronically from a Deposit Account that is a
checking account with unlimited check-writing privileges; and
To receive e-mail from and transmit e-mail to the Bank, all as
described in this Agreement and the Software. You may sign up for or
cancel any service by contacting INVESTAR BANK. As used in this
Agreement, the term "electronic fund transfer" has the meaning provided
for that term in Regulation E and includes, without limitation, a bank
transfer or bill payment (other than a bill payment made by check or
other paper item), as these terms are defined below.
5. Transfers to and from Accounts.
- Deposit Accounts. You may use INVESTAR BANK to initiate
electronic fund transfers from one Deposit Account that is a
checking, savings or money market deposit account to any other
Deposit Account that is a checking, savings or money market deposit
account, as provided in this Agreement. These types of transactions
are referred to in this Agreement as "bank transfers". You will
provide a list of deposit accounts that may be used for bank
transfers during the setup process.
- Authorization. You expressly authorize us to debit the
appropriate Deposit Account in the amount of any bank transfer
initiated through INVESTAR BANK online banking by you or by any
other person who is authorized to use your password. You agree that
we may treat any such bank transfer from a Deposit Account the same
as a duly executed written withdrawal, transfer, or check and that
we may treat any such bank transfer to a Deposit Account the same as
a deposit, all in accordance with the terms of this Agreement and
your deposit agreement(s) with us.
- Limitations. Your ability to initiate bank transfers between
Deposit Accounts may be limited by federal law or by the terms of
your deposit agreement with us. Bank transfers from Deposit Accounts
that are savings or money market deposit accounts are limited as
required by federal regulation. You agree that we may, without
notice or other obligation to you, refuse to make any bank transfer
for security reasons or as otherwise expressly provided in this
Agreement or your deposit agreement with us. You cannot post-date
bank transfers or schedule bank transfers for future dates.
- Time of bank transfers; posting; funds availability. If you
initiate a bank transfer of available funds on or before six (6)
p.m. Central Standard Time ("Central") on a business day, the bank
transfer will be posted to the Deposit Account on the same business
day. If you initiate a bank transfer other than before six (6) p.m.
Central on a business day, the bank transfer will be posted on the
next business day. Transferred funds will be available for
withdrawal on the business day the bank transfer is posted to the
Deposit Account.
- Except as expressly otherwise provided in this Section,
transferred funds will be available for transfer and withdrawal as
provided in our Schedule of Funds Availability (the "Schedule of
Funds Availability"). The schedules provided in this Section are
subject to the provisions of Section 17 and 18.
- Documentation. You will get a monthly account statement from us.
The statement will be presented via your INVESTAR BANK online
Banking account and will combine all authorized accounts. The
statement will list all transactions generated via Online Banking.
6. Account Information. You may use INVESTAR BANK online
banking to receive, download, and store or print information regarding
an account that is routinely set forth in the statement for the Account,
debits and credits made to the account, amounts and item numbers for
items drawn on the account (if applicable), and the daily account
balance (including interest credited to a Deposit Account and finance
charges accrued on a Credit Account). All account information provided
via INVESTAR BANK online banking will be current. Because the
information is made available to you is "raw data" furnished through the
Service Provider and is subject to change, we cannot assure you of the
accuracy or completeness of the information and expressly disclaim the
same. You will still receive your usual periodic statement of account,
and adjustments may have been made to your account in connection with
the preparation of your statement.
7. Bill Payment Service.
- Payment Accounts. If you have enrolled in the optional bill
payment service, you may use INVESTAR BANK online banking to
initiate payments from any Deposit Account that is a checking
account with unlimited check-writing privileges (a "Payment
Account") to pay obligations owed to certain third parties in the
United States, including, without limitation, any INVESTAR BANK
mortgage, installment loan, credit card or line of credit account,
These types of transactions are referred to in this Agreement as
"bill payments". You may initiate individual bill payments and may
pre-authorize recurring bill payments. You must designate the
account used to process bill payment debits and any applicable fees.
- Authorization. You agree that we may treat any bill payment that
was initiated though INVESTAR BANK online banking by you or by any
other person who is authorized to use your password the same as your
duly executed written payment order or check, all in accordance with
the terms of this Agreement and your deposit agreement with us.
- Time of bill payments. Each bill payment must be initiated a
certain number of business days before the business day that you
want the bill payment to be made (the "Payment Date"). This number
of business day is referred to as the "lead time". The lead time for
the payee will be approximately 3 - 4 business days for electronic
payments and approximately 5 business days by check. A bill may be
paid as quickly as 48 hours from the receipt of your request. You
should schedule each bill payment to be made prior to the due date
of the bill payment. If you do not schedule a bill payment on time
or if you do not otherwise initiate a bill payment properly, you
will be solely responsible for any late charges, finances charges,
or other costs resulting from failure to make the bill payment on
time. You will be solely responsible for all inputting errors.
- Checks. If the payee cannot or will not accept a bill payment by
electronic fund, a check will be generated and submitted to the
payee. Although the check will not be signed by you, you agree that
any check issued in this manner to make a bill payment initiated in
accordance with this Section will be deemed authorized and may be
paid by the Bank from the Payment Account.
- Returned or rejected bill payments. If a bill payment is
returned or rejected, whether by the Bank, the Service Provider or
any third party (including, without limitation, an intermediary bank
or the payee's bank), then either the Bank or the Service Provider
will notify you and you will be solely responsible for re-initiating
the bill payment. You agree to furnish to the Bank and/or the
Service Provider such information as it may request to resolve any
error or inquiry arising out of your initiation of any bill
payment(s).
- Cancellation or stop payment of bill payments; revocation of
authorization. You may review, change or cancel bill payments online
without an additional charge while the bill payment request is in
the "Pending Payments" screen. Once the transaction is completed, it
is moved from the "Pending Payments" screen to the "Bill Payment
History" screen and cannot be cancelled or changed. If a check has
been issued to the payee and the check has not cleared, you may
request a stop payment order. A charge of $25.00 will be assessed to
process that order. You may call the Bank to request the stop
payment but, we will also require you to put your request in writing
and deliver it to us no later than fourteen (14) days after you
call. Except as expressly otherwise provided in this Section, stop
payment orders will be subject to the applicable provisions of the
Deposit Account Agreement that you signed when opening your Deposit
Account at INVESTAR BANK. You may not stop payment of any type of
online transfer other than a bill payment. You may revoke your
authorization for future recurring bill payments by deleting the
bill payment instructions, as provided in the online bill pay
system, by notifying the Bank, or by canceling the bill payment
service.
- Inconsistent name and number appearing in a bill payment order.
If a bill payment initiated by you describes the intended recipient
of funds inconsistently by name and account number, you agree that
payment by the receiving bank (which may be the Bank) may be made on
the basis of the account number alone even if that account is not
owned by the person named in the bill payment. If a bill payment
identifies an intermediary bank or the payee's bank inconsistently
by name and identifying number, you agree that we may rely solely on
the number as the proper identification of the intermediary bank or
the payee's bank even if it identifies a bank different from the
bank identified by name. To the extent permitted by applicable law,
you acknowledge and agree that your obligation to pay us the amount
of the bill payment will not be excused in any circumstance
described above and that you will reimburse us for any losses or
expenses we incur as a result of our reliance of the identifying
number provided in the bill payment.
8. Electronic Mail Service. We also provide e-mail for you to
communicate with the Bank. You may ask questions about your account(s)
or maintenance and/or problem resolution issues, or to give your
comments regarding our products and services. E-mail is not a secure
method of communication over the Internet and we recommend that you do
not send confidential information by e-mail.
E-mail may not be used to initiate transactions on your account(s).
E-mail transmitted by you to us via INVESTAR BANK online often will not
be delivered to us immediately. If you need to contact us immediately to
stop payment, to report an unauthorized use of your password, to report
unauthorized access to an account, or for any other reason, you should
call us at (225) 757-7117. We will not be responsible for acting on or
responding to any e-mail request made INVESTAR BANK online banking until
we actually receive your e-mail message and have a reasonable
opportunity to act. You should check your e-mail regularly; we will
attempt to notify you by e-mail in the event of any technical
difficulties or other occurrence that may affect your use of INVESTAR
BANK online banking.
9. Electronic Delivery of Banking Notices. INVESTAR BANK will
deliver all notices allowed under Federal law and regulation (as
promulgated by the FDIC, Federal Reserve Bank, FFIEC, or any other body
given governing authority over INVESTAR BANK) via e-mail or posted
within your online banking system. To that end, you agree to receive all
such notices electronically and you agree to provide your current e-mail
address to INVESTAR BANK for those purposes.
10. Additional Service. We may, from time to time, make additional
services available through INVESTAR BANK online banking. We will notify
you of the availability and terms of these new services. By using these
additional services when they become available, you agree to be bound by
this Agreement and any additional instructions, procedures and terms
provided to you with respect to each of these new services.
11. Fees and Charges. In consideration of our making the INVESTAR
BANK online services available to you, you agree to pay, and you
authorize us to automatically debit to the billing account designated on
the Application (the "Billing Account") on the 5th or 6th business day
of each month, the following non-refundable charges for the preceding
calendar month:
Access to the INVESTAR BANK web site is furnished at no charge to the
customer. INVESTAR BANK has not instituted a charge for viewing your
accounts, or completing transfers to and from your individual accounts.
At Investar Bank we do our best to keep our services completely free. Therefore we feel it is important to make you aware that you will need to sign into your Internet Banking account at least once every 60 days to avoid the $5.00 Inactive Fee.
For customers utilizing the "Bill Payment Service", the following fees
will apply:
Account Type Monthly Fee Per Item Fee
Free checking $3.95 $0.50 per item over 15 items
All Personal Checking Accounts FREE $0.50 per item over 15 items
(excluding Free Checking)
Business Accounts $5.95 $0.50 per item over 20 items
These charges will not be prorated for portions of a month and may be
changed pursuant to Section 21 of this Agreement. You will be solely
responsible for all tariffs, duties, or taxes imposed by any government
or governmental agency in connection with any transfer made pursuant to
this Agreement and for all telephone charges, Internet access service
charges, tools tariffs, and other costs for online sessions initiated by
you. There may be other costs and charges associated with your accounts.
Please refer to the service schedule for details.
12. Errors and Adjustments. We agree to correct any error made in
crediting or debiting any account by making the appropriate adjustment
to your account balance. You agree to repay promptly any amount credited
to your account in error, and you authorize us to initiate a debit
transfer to any account to obtain payment of any erroneous credit.
13. Account Reconciliation. The Deposit Account statements or other
notices provided to you by us will notify you of (a) the execution of
bank transfers or bill payments and the debits to the Deposit Account
made with respect to such bank transfers and bill payments, and (b)
amounts debited by the Bank from the Billing Account or any other
account for payment of the services or other charges pursuant to this
Agreement. You agree that we will not be required to provide any other
notice to you of the execution of bank transfers, bill payments, or
debits. You agree to promptly examine each statement for a Deposit
Account and to promptly report any discrepancies between your records
and the Deposit Account statements or any other notices mailed by the
Bank to you, as provided in Section 19.
14. Settlement of Obligations. To the fullest extent permitted by
applicable law, you authorize us to obtain payment of your obligations
to us under this Agreement from time to time by (a) initiating debit or
credit transfers to any of the accounts or (b) deducting the payment
from the amount of any bank transfer or bill payment. Such obligations
include, without limitation; fees owed to us and settlement for bank
transfers or bill payments initiated through INVESTAR BANK online
banking. At the time any account is closed (whether by you, by us, or
otherwise) or any INVESTAR BANK online service is terminated (whether by
you, by us, or otherwise), you agree that all such obligations will be
immediately due and payable to us, and you authorize us to withhold the
amount of any such obligations from any account. Debiting an account or
deducting payment from the amount of any bank transfer or bill payment
is not the Bank's exclusive remedy under this or any other section of
this Agreement, and the Bank will not be deemed to have made an election
of remedies by making any such debit or deduction on any one or more
occasions.
15. Bank's Liability for Failure to Make or Stop Certain Electronic Fund
Transfers. If we do not complete an electronic fund transfer to or
from a Deposit Account in a reasonable amount of time or in the correct
amount according to our agreement with you, we will only be liable for
your direct losses or actual damages, except in the following instances:
- If, through no fault of ours, you do not have enough money in
the Deposit Account (or any linked account) to make the electronic
fund transfer or the account has been closed.
- If the electronic fund transfer would go over the credit limit
on any check overdraft protection line of credit account linked to
the Deposit Account.
- If you have not completely and properly followed the terms of
this Agreement or instructions provided by the Software regarding
how to make an electronic fund transfer or you have not given
complete, correct and current instructions so that a transfer may be
made.
- If any data or instruction transmitted via INVESTAR BANK online
banking are inaccurate or incomplete.
- If you do not initiate an electronic fund transfer according to
the time limits set forth in this Agreement and the online Payee
list, or if the payment amount requested is less than the full
amount due.
- If the electronic fund transfer has been transferred from the
Deposit Account to a third party, including, without limitation, any
third party through which payment is made and any payee or its
financial institution.
- If the Hardware, the Software, the Service Provider, or any part
of the INVESTAR BANK online system, including the bill payment
service, was not working properly and you knew about the breakdown
when you started your electronic fund transfer.
- If circumstances beyond our control, such as an act of God,
failure, delay, or error on the part of any third-party service
provider (including, without limitation, the Service Provider, the
United States Postal Service or any other delivery service), power
outage, difficulty with telephone or cable lines or satellite
communications, difficulty with any Hardware, the Software, or the
Service Provider, computer virus or related problem, or cessation of
the operation of the Service Provider or the arrangement between the
Bank and the Service Provider, prevent or delay the electronic fund
transfer, despite reasonable precautions that we have taken.
- If the money in your account(s) is subject to legal process or
other claim restricting such transfer.
- If the funds in the Deposit Account are unavailable (funds are
only conditionally credited until they become available for
withdrawal).
- If your password has been reported lost or stolen or if we have
any other reason to believe that an electronic fund transfer may be
erroneous or unauthorized.
- If you, any joint holder, or an authorized cosigner on a Deposit
Account has requested that we stop payment of the electronic fund
transfer.
- If you have exceeded the limitations on the number of
withdrawals or transfers allowed during the statement period for the
type of Deposit Account you have with us (e.g., certain types of
savings accounts, including money market deposit accounts).
- There may be other exceptions stated in this or any other
applicable agreement that we may have with you.
16. Limits on Bank's Liability. Our liability for electronic fund
transfer made to or from Deposit Accounts is also governed by Sections
16 and 18. If any provision herein is inconsistent with any provision of
Section 16 or Section 18 or any provision of applicable law that cannot
be varied or waived by agreement, the provisions of those Sections or
applicable law shall control. To the fullest extent permitted by
applicable law, you agree that we will have no liability whatsoever for
any loss, damage, or claim arising out of any delay or failure in the
performance of any INVESTAR BANK online service in accordance with the
terms of this Agreement, including but not limited to, that resulting
from our negligence. Our duties and responsibilities to you are strictly
limited to those described in this Agreement, except with respect to any
provisions of the law applying to electronic fund transfers that cannot
be varied or waived by agreement. In no event will the Bank be liable
for any consequential, special, or punitive damages or for any indirect
loss that you may incur or suffer in connection with the service (even
if the Bank has been informed of the possibility of such damages),
including, without limitation, attorneys fees. The Service Provider is
an independent contractor and not the Bank's agent. The Bank's sole duty
shall be to exercise reasonable care in the initial selection of the
Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE BANK WITH RESPECT TO ANY
INVESTAR BANK ONLINE SERVICE OR THE SOFTWARE, AND THE BANK HEREBY
DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by
the licensor of the Software and set forth on the Software package. To
the fullest extent permitted by applicable law, and without limiting the
generality of the foregoing, the Bank shall not be liable at any time to
you or any other person for any loss, charge, fee, penalty, expense or
other damage resulting from any failure or delay of the performance of
the bank's responsibilities under this Agreement which is caused or
occasioned by any act or thing beyond the Bank's reasonable control,
including, without limitation, legal restraint, interruption of
transmission or communication facilities, equipment failure, electrical
or computer failure, war, emergency conditions, acts of God, fire,
storm, or other catastrophe, or inability to obtain or delay in
obtaining wire services or Internet access, or refusal or delay by the
Service Provider or another bank or financial institution to execute any
bank transfer or bill payment. In addition, the Bank shall be excused
from any failure or delay in executing a bank transfer or bill payment,
if such execution would result in the violation of any applicable state
or federal law, rule, regulation or guideline. To the fullest extent
permitted by applicable law, you agree that the Bank shall not have any
liability whatsoever for any loss caused by the act, error, or omission
of you or any other person, including, without limitation, the Service
provider, any Internet access service provider, any federal reserve bank
or transmission or communications facility or any intermediary or
receiving financial institution, and no such person shall be deemed the
Bank's agent.
17. Your Liability for Unauthorized or Erroneous Transfers. To
the fullest extent permitted by applicable law, you agree to be
responsible for all unauthorized or erroneous transactions initiated
through INVESTAR BANK online banking. You have the obligation to
immediately notify the Bank if your password has been lost or stolen, or
if someone has transferred funds from your account through INVESTAR BANK
online without your permission (or is contemplating do so). The
following provisions of this Section apply only to your liability for
unauthorized electronic fund transfers. An "unauthorized electronic fund
transfer" means an electronic fund transfer from a Deposit Account that
is initiated by another person without your authority to initiate the
electronic fund transfer(s) and from which you receive no benefit. The
term does not include INVESTAR BANK online electronic fund transfer that
is initiated by a person to whom you furnished your password. We may
require that the notice be in writing. You could lose all the money in
your Deposit Account, some or all of the money in any linked account, or
up to your maximum overdraft line of credit if you have a check
overdraft protection line of credit, if you fail or refuse to
immediately advise the Bank of the unauthorized use of your password. If
your statement shows electronic fund transfers that you did not make,
tell us at once. If you do not tell us within sixty (60) calendar days
after the statement was mailed to you, you shall not be entitled to
assert a claim against the Bank, nor be entitled to any damages from the
Bank, as to said unauthorized transfers. This sixty (60) day limitation
is without regard as to the standard of care exercised by the Bank. If
you believe your password has been lost or stolen or that someone has
transferred or may transfer money from a Deposit Account without your
permission call: (225) 757-7117
Or write:
INVESTAR BANK
P.O. Box 84207
Baton Rouge, LA 70884-4207
18. Rejection of Payment Orders; Overdrafts. You acknowledge that
the Bank or the Service Provider may from time to time, in its sole
discretion, reject any bank transfer or bill payment request (any
"payment order") or return any bank transfer or bill payment (a) if
there are insufficient or unavailable funds in the Deposit Account or
the Deposit Account has been closed or is frozen, (b) if the payment
order does not conform to the terms of this Agreement or the Software,
or (c) if the payment order appears to be a duplicate, but neither the
Bank nor the Service Provider is under any obligation to recognize that
a payment is a duplicate and you should not rely on the Bank or the
Service Provider to do so. If a payment order is rejected or a bank
transfer or bill payment is returned, either the Bank or the Service
Provider will notify you and you will have the sole obligation to remake
the payment order in accordance with the terms of this Agreement and the
Software. The Bank or Service Provider will make two attempts to present
the bill payment request in the event that there are insufficient or
unavailable funds in the Deposit Account. The Bank or the Service
Provider may from time to time, in its sole discretion and without any
obligation to do so, execute any payment order or make any bank transfer
or bill payment even though an overdraft to the account results. To the
extent permitted by applicable law, you agree that neither the Bank nor
the Service Provider will have any liability whatsoever for refusing to
accept any payment order or rejecting or returning any bank transfer or
bill payment. If an overdraft occurs in a Deposit Account, you agree to
cause sufficient available funds to pay the amount of the overdraft to
be deposited into or credited to the Deposit Account before the end of
that business day. Any overdraft existing at the close of a business day
is immediately due and payable without notice or demand. Further terms
and conditions related to the online bill pay service are submitted for
your review and acceptance during the online bill pay service
application process.
19. Disclosure of Deposit Account Information to Third Parties.
You agree that we may from time to time disclose to third parties
information about your Deposit Account or the transactions that you make
through INVESTAR BANK online banking. We will disclose information to
third parties about your Deposit Account or the transfers you make:
A. Where it is necessary for completing bank transfers or bill payment
or providing any other service in connection with INVESTAR BANK online
banking; or
B. In order to verify the existence and condition of your Deposit
Account for a third party, such as a credit bureau or merchant; or
C. In order to comply with government agency or court orders; or
D. If you give us your written permission.
20. Other Agreements; Severability; Governing Law. The terms and
conditions of this Agreement are cumulative with and in addition to any
terms of the signature cards or account agreements for your Deposit
Account(s), the applicable account disclosures, the Funds Availability
Notice, the Bank's Electronic Fund Transfer Agreement and Disclosure
Statement, the agreements governing the Credit Accounts, and the
Application, all as may be amended from time to time. In the event of
any conflict between this Agreement and the content of the Software or
any related materials regarding the Bank's obligations to you, the terms
of this Agreement will control. If any provision of this Agreement is
unlawful or unenforceable, each such provision or writing will be
without force and effect without thereby affecting any other provision
hereof. No consumer protection provision of the federal Electronic Fund
Transfer Act or Federal Reserve Board Regulation E is intended to be
waived by you under this Agreement unless the waiver is permitted by
law. The parties agree to be bound by the operating rules and guidelines
of the National Automated Clearing House Association and the applicable
local automated clearing house association as in effect from time to
time with respect to all automated clearing house transfers made
hereunder. This Agreement will be governed by the substantive laws of
the United States, applicable federal regulations, and to the extent not
inconsistent therewith, the laws of the state where our offices holding
the account(s) is located, without regard to such state's rules
regarding conflict of laws.
21. Amendments. We may amend this Agreement from time to time.
Each amendment will be effected by our mailing or otherwise delivering
the amendment, revised agreement and/or notice thereof to you in
accordance with applicable federal and state laws. If no federal or
state law specifically governs the amendment, the amendment shall be
effected by mailing or otherwise delivering it to you or positing it in
our full-service branch offices at least 10 calendar days prior to the
effective date of the amendment. Notwithstanding the foregoing and to
the extent permitted by applicable law, we may change any term of this
Agreement without prior notice or obligation to you: (a) if the Software
or the Service Provider changes any term without providing us sufficient
notice to enable us to properly notify you; (b) for security reasons;
(c) to comply with applicable law; or (d) as otherwise expressly
provided in this Agreement.
22. Termination. You agree that we may cancel or restrict your
use of INVESTAR BANK online banking or any INVESTAR BANK online service
at any time upon such notice (including e-mail) as is reasonable under
the circumstances. You may notify INVESTAR BANK online by written
request to the Bank at any time. If you cancel the bill payment service,
all pending and/or recurring bill payments will be automatically
canceled. Online service fees will not be prorated.
23. Assignment. You may not assign all or any part of your rights
or obligations under this Agreement without our prior express consent,
which may be withheld in our sole discretion. We may assign or delegate
all or any part of our rights or obligations under this Agreement,
including, without limitation, the performance of the services described
herein. This Agreement will be binding on and inure to the benefit of
the successors and assigns of either party.
24. No Third-Party Beneficiaries. This Agreement is for the
benefit of you and the Bank and is not intended to grant, and shall not
be construed as granting, any rights to or otherwise benefiting any
other person, except as expressly otherwise provided in this Agreement.
25. CHOICE OF FORUM AND JURY TRIAL WAIVER. In the event any
litigation is instituted to enforce or interpret the terms of this
Agreement, you agree that the exclusive forum therefore shall be the
Circuit Court of East Baton Rouge Parish, Louisiana. In the event that
the Bank is the prevailing party, the Bank shall be entitled to
reimbursement for all reasonable attorneys' fees and costs incurred
including, but not limited to, those incurred incident to any appeal.
YOU AND THE BANK HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ALL
DISPUTES, CONTROVERSIES AND CLAIMS BY, BETWEEN OR AGAINST EITHER YOU OR
THE BANK WHETHER THE DISPUTE, CONTROVERSY OR CLAIM IS SUBMITTED TO
ARBITRATION OR IS DECIDED BY A COURT.
26. OWNERSHIP of MATERIALS. The content and information on our
site is the property of INVESTAR BANK . It should not be duplicated or
copied by any means.
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