Texans Credit Union
Terms, Conditions and Disclosures
for Texans Online Banking Services

Disclosure Update Notification:

This disclosure has been updated to reflect changes to Section XXI, Inactivity Policy.

In these TERMS, CONDITIONS, AND DISCLOSURES, the words "we", "us", "our" and "Texans" refer to Texans Credit Union. The words "you", "your" and "member" refer to each person or business applying for home banking services and each account owner or other person authorized to transact business on any Texans account which may be accessed by way of the Texans Online Banking Services and Texans Mobile Banking Services (the "Services"). By using the Services or by authorizing anyone else to use the Services, you agree to these Terms, Conditions, and Disclosures and you authorize us and any third party acting on our behalf to serve as your agent in processing payments to targeted merchants, and making transfers to and from targeted accounts pursuant to your payment and transfer instructions. Your authorization will remain in effect until revoked by either you or us in writing. If you revoke your authorization, the revocation will not be effective until we have received your written revocation and we have had a reasonable time to act on it. In addition to these Terms, Conditions, and Disclosures, your use of the Services is subject to and governed by the Texans Deposit Agreement and Disclosures including our Electronic Funds Transfer Services Agreement and Disclosures. Please refer to those agreements and the provision which appears below for important information about your obligation to safeguard your Password.

I. ELECTRONIC DISCLOSURES CONSENT

By agreeing to these Terms, Conditions and Disclosures and registering for the Services, you consent to receive electronically all notices, disclosures, agreements and communications from us about the Services and any of the products that you access or for which you may apply through the Services, together with any amendments we may make from time to time to any such disclosures or agreements. Your consent includes any disclosures that we may make in connection with the Services. All agreements entered into by electronic means will be deemed valid, authentic and shall have the same legal effect as agreements entered into on paper. You will be deemed to have received any electronic messages sent to you if such messages are sent to the latest email address you have provided to Texans. This consent to the use of electronic agreements and communications shall apply to all agreements and communications made in conjunction with this agreement and the Services. By consenting and accepting the terms and conditions of this Agreement, you represent and warrant that you are authorized to do so on behalf of all Owners for the Accounts.

You may withdraw your consent to receive future electronic disclosures anytime by emailing us at texans@texanscu.org. However, if you withdraw your consent, you will no longer be eligible to utilize the Services. Your withdrawal of consent will become effective after we have received it and have had a reasonable opportunity to act on it. If your email address or any of your other contact information on file with us changes, you must provide your updated information to us via the Services or by mailing the changes to Texans Credit Union, Attn: Support Services Department, P.O. Box 853912, Richardson, TX 75085-3912. Please include your name and member number when contacting us. You agree that these are reasonable procedures for sending and receiving electronic Communications.

II. NEW SERVICES

We may, from time to time, introduce new Services or enhance the existing Services. We will notify you when these new or enhanced Services are made available. By using these Services when they become available, you agree that they will be governed by these Terms, Conditions, and Disclosures as well as any additional terms, conditions and disclosures we provide to you.

III. MEMBER SERVICE INFORMATION

Questions concerning the Services, including Texans online banking and bill payment questions or problems, should be directed to Texans Credit Union (972) 348-2000 or (800) 843-5295 during our normal business hours. Mail may also be addressed to:

Texans Credit Union
Attn: Support Services
P.O. Box 853912
Richardson, Texas 75085-3912

Or you may send an e-mail to Texans direct from the Services.

IV. ACCOUNT REQUIREMENTS

To subscribe to the Services, you must maintain at least one Account with Texans which may include the following types of Accounts: share account, checking account, money market account, certificate of deposit, Individual Retirement Account, and loan or line of credit ("Accounts").

Texans reserves the right to refuse to open an Account or to deny Member the ability to access the Services, to limit access or transactions or to revoke a Member's access to Services without advance notice to Member.

V. ACCOUNT ACCESS SERVICE

The Services will provide you access to your account via the Internet by entering your Member Number as the User ID and Texans Self Service PIN as the Password. You will be prompted to change your User ID and password as soon as you access your account. Your User ID may be a minimum of six (6) characters and a maximum of eighteen (18) characters in length and consist of letters and numbers. Your password may be a minimum of eight (8) characters and a maximum of twelve (12) characters in length and must include upper and lower case characters, numbers and a special character.

The Service is accessed through an electronic device and network connection to electronically connect with account information and services that allows you to view account balances and transaction information, transfer funds among accounts, pay bills from designated accounts, send secure electronic mail to Texans and receive electronic mail from Texans, affect stop payments, make address changes, request copies of checks and statements, access electronic statements and reorder checks.

You may generally access certain Accounts through the mobile browser and receive certain information through text messaging under the Services, using an electronic device and a network connection. You are responsible for obtaining an encrypted browser capable of a sufficiently high level of encryption to meet the systems requirements we establish from time to time. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. We are not responsible for any Internet access services.

VI. CHARGES

Under certain circumstances, you will be charged a monthly fee for the Services. If a fee is charged, we will assess the charges against your Checking Account or against your Share Account if there are insufficient funds in your Checking Account at the time that the fee is assessed. You will not be charged any monthly fee for accessing your account through your use of the Service. If you use the Texans Bill Payment service, a monthly fee may apply based on the checking product. . Please refer to your Deposit Account Agreement for information as to which accounts are assessed a fee. These fees may change from time to time. We will notify you in advance of any such change. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

VII. TERMS, CONDITIONS, AND DISCLOSURES THAT APPLY ONLY TO PERSONAL ACCOUNTS

  1. What is a "Personal" Account?

    A personal account is one held by a natural person which is established primarily for personal, family or household purposes. You represent and agree that any account which you may establish with us in the name of a sole proprietorship, a corporation, a partnership, a limited liability company, an association, a club, or similar non-natural person entity is not established for personal, family, or household purposes.

  2. Your Liability for Unauthorized Transfers

    If you believe your Password has been lost, stolen or compromised; notifying Texans immediately via telephone is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line-of-credit, if any). If you tell us within two business days, you can lose no more than $50 if someone used your Password without your permission.

    If you do NOT tell us within two business days after you learn of the loss or theft of your Password and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.

    Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

    You acknowledge and agree that the procedures and instructions set out in these Terms, Conditions and Disclosures, and our Deposit Agreement and Disclosures including our Electronic Funds Transfer Services Agreement and Disclosures, regarding the security and safekeeping of your password, and the security of online banking transactions in general, are reasonable and you agree to be bound by and to comply with those procedures and instructions.

  3. Our Liability

    For any transfer you make, the balance in your Account, not including overdraft protection if applicable, must be sufficient to cover the transfer. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance:

    • If you do not obtain Confirmation at the time you initiate a transfer or payment.
    • If, through no fault of ours, you do not have enough money in your Account to make the transfer or payment.
    • If the transfer would go over the credit limit on your Texans Line of Credit (if approved).
    • If the Services, your equipment, the software, or any communications link is not working properly and you know or have been advised by us about the malfunction before you execute the transaction.
    • If circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside source) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid these circumstances.
    • Additional exceptions which apply to your Bill Payment Service are disclosed in the Bill Payment Service section of these Terms, Conditions, and Disclosures.
    • There may be other exceptions stated in our agreement with you.
    • See the Special Rules for Business Accounts below for information concerning our liability for electronic funds transfers to and from Business Accounts.
    • If the services are inaccessible for reasonable maintenance.
  4. Error Resolution Notice

    In case of errors or questions about Online Banking Transfers, call:

    (972) 348-2000 or (800) 843-5295
    or write
    Texans Credit Union
    Attn: Support Services
    P.O. Box 853912
    Richardson, Texas 75085-3912

    as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we send you the FIRST statement on which the problem or error appeared.

    1. Tell us your name and account number (if any).
    2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
    3. Tell us the dollar amount of the suspected error.

    If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For transactions initiated outside the United States, we will have twenty (20) business days instead of ten (10) business days, and ninety (90) calendar days instead of forty-five (45) calendar days, unless otherwise required by law, to investigate your complaint or question.

    For errors involving new accounts we may take up to 90 days to investigate your complaint or question, and we may take up to 20 business days to credit your account for the amount you think is in error.

VIII. TERMS, CONDITIONS, AND DISCLOSURES THAT APPLY ONLY TO BUSINESS ACCOUNTS

  1. What is a "Business" Account?

    A business account is an account that is established by a sole proprietorship, a corporation, a partnership, a limited liability company, an association, a club, or similar non-natural person entity. You acknowledge and agree that any account established by any such entity shall be for business purposes only and shall not be for personal, family or household use.

  2. Your Password and Your Liability for Unauthorized Transfers

    You acknowledge and agree that it is your responsibility to notify us in writing of any possible unauthorized use of your Password. Your limited liability for unauthorized transfers on personal accounts will not apply to transfers made to or from Business Accounts. You agree that losses from the unauthorized use of your Password on your Business Accounts will be your sole responsibility and that we are not liable for any such losses under any circumstances.

    From time to time, we may communicate with you and others authorized to use your account or your Password. We will send those communications to your address as reflected in our records, and you agree that we will have no liability to you or to any other person if our communication to you is stolen or otherwise intercepted by any person at any time.

    You acknowledge and agree that the procedures and instructions set out in these Terms, Conditions and Disclosures, and our Deposit Agreement and Disclosures including our Electronic Funds Transfer Services Agreement and Disclosures, regarding the security and safekeeping of your password, and the security of Services transactions in general, are commercially reasonable and you agree to be bound by and to comply with those procedures and instructions. Authorizations given to other persons will be considered unlimited in amount and manner until you notify us and we have had a reasonable opportunity to act on your notification.

  3. Our Liability

    If we allow a payment or transfer to be made in an amount in excess of the amount you instructed, our liability to you will be limited to the amount erroneously transferred or paid. You agree that, prior to reimbursing you, we may first make reasonable efforts to recover amounts erroneously transferred or paid from the transferee. In the event that we allow a transfer or payment to be made in an amount that is less than the amount you instructed, or if we delay or fail altogether to make a transfer or payment in keeping with instructions we receive from you, our sole liability shall be to make the payment or transfer in keeping with your prior instructions within a reasonable time. Under certain circumstances, we will have no liability whatsoever if we do not complete a transfer to or from your account on time or in the correct amount. We will NOT be liable, for instance:

    • If you do not obtain Confirmation at the time you initiate a transfer or payment.
    • If, through no fault of ours, you do not have enough money in your Account to make the transfer or payment.
    • If the Services, your equipment, the software, or any communications link is not working properly and you know or have been advised by us about the malfunction before you execute the transaction.
    • If circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside source) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid these circumstances.
    • Additional exceptions which apply to your Bill Payment Service are disclosed in the Texans Bill Payment Service section of these Terms, Conditions, and Disclosures.
    • There may be other exceptions stated in our agreement with you.
    • If the Services are inaccessible for reasonable maintenance.

    IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES IN EXCESS OF THE FOREGOING, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, INCLUDING LOST PROFITS OR ATTORNEY'S FEES.

IX. CONTACT IN EVENT OF UNAUTHORIZED TRANSFER

If you believe your Password has been lost or stolen, you should change your Password on your Online Banking account immediately. If you believe that someone has transferred or may transfer money from your account without your permission, call:

(972) 348-2000 or (800) 843-5295 or write
Texans Credit Union
Attn: Support Services
P.O. Box 853912
Richardson, Texas 75085-3912

For business accounts, written notification is required.

X. INTERNAL FUNDS TRANSFER SERVICES

Internal Funds Transfers allow you to transfer funds between your Accounts at Texans. In addition, you may make transfers between you accounts from other accounts within Texans – Checking, Shares, Money Market and loans – which you are authorized to use. These "other accounts" are accounts in which you are not an account owner. The owner of the "other accounts" must complete and sign the Online Banking form or Online Banking Modification form and expressly authorize you to access the "other accounts." By doing so, the account owner acknowledges and agrees to grant you, the member named in such form, complete Internet access to the listed "other accounts." By doing this, the account owner also agrees that the authorization will supersede any prior authorization, and will continue in effect until we receive written revocation and have a reasonable time to act upon it.

Business accounts, other than Sole Proprietorship accounts, may not be linked to personal accounts. You agree that we will not be liable for any damage or loss occasioned by transfers between sole proprietorship and personal accounts, whether or not any such transfer is authorized, unless otherwise provided by applicable law.

  1. Funds Transfer Cancellation Requests

    You may cancel or edit any scheduled funds transfer (including recurring funds transfers) by following the directions within the Service. There is no charge for canceling a scheduled funds transfer. Once Texans has begun processing a funds transfer it cannot be cancelled or edited.

  2. Limitations on Transfers From Your Money Market Account and Share Account Using the Online Banking Services

    Government regulations restrict the number of pre-authorized and telephone transfers (including transfers by way of data transmission) from your Money Market Account or your Share Account to no more than six (6) per month. No more than six (6) transfers can be made by check drawn on your Money Market Account. Transfers made through the Services are included when computing the permissible number (6) of monthly transfers made. If you exceed the number of transfers permitted, your account may be subject to closure. Please refer to the Truth-In-Savings Disclosures in your Deposit Agreement for more information concerning transaction limitations.

    Note: Money Market Account includes the Texans Money Market, Select Money Market, and Performance Money Market on both Personal and Business Accounts.

  3. Internal Transfer Limits

    Internal Transfers are limited to the available balance in the account and to a minimum of $.01 and a maximum of $999,999.99 per transaction. If your transfer exceeds the balance in the account or the maximum amount stated above, it will not be processed.

XI. TEXANS BILL PAYMENT SERVICE TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

Selection of the Bill Pay Service will enable you to make payments (either one-time or recurring payments) online from your designated checking account to third parties as you direct; and use the Bill payment feature to receive bills from participating Billers, view Biller bill summary and bill detail information. By choosing to use the Bill Pay Service in addition to the Service, you agree to be subject to the terms and conditions outlined in this document.

  1. SERVICE DEFINITIONS

    "Bill Pay Service" means the bill payment service offered by Texans through Fidelity National Information Services Inc. "FIS" (together, "Provider").

    "Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills.

    "Payment Instruction" is the information provided by you to the Bill Pay Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Send-On Date).

    "Payment Account" is the checking account from which bill payments will be debited.

    "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

    "Send-On Date" is the day you want the payment sent to your biller and is also the day your Payment Account will be debited.

    "Pending Payment" is a payment that has been scheduled through the Bill Pay Service but has not begun processing.

  2. PAYMENT AUTHORIZATION AND REMITTANCE

    By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Pay Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Bill Pay Service may edit or alter payment data or data formats in accordance with Biller directives.

    When the Bill Pay Service receives a Payment Instruction, you authorize the Provider to debit your Payment Account and remit funds on your behalf on or after the Send-On Date designated by you. You also authorize the Provider to credit your Payment Account for payments returned to the Bill Pay Service by the United States Postal Service or Biller.

    The Provider will use its best efforts to make all your payments properly. However, the Provider shall incur no liability and any Bill Pay Service Guarantee shall be void if the Provider is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

    1. If, through no fault of the Provider your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit of your overdraft account;
    2. You have closed the designated Account, or have been removed as a joint owner;
    3. The payment processing center is not working properly and you know or have been advised by the Provider about the malfunction before you execute the transaction;
    4. We have identified you as a risk and have chosen to (i) make all payments initiated by you via the Services utilizing a paper, as opposed to electronic, method, (ii) place your current and future bill payments on hold due to insufficient funds in your account or (ii) terminate your subscription to the Services;
    5. You have not provided the Provider with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller;
    6. The Merchant mishandles or delays handling payments sent by us; and/or
    7. Circumstances beyond control of the Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Provider has taken reasonable precautions to avoid those circumstances.

    Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

  3. PAYMENT METHODS

    The Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a check payment.

  4. PAYMENT CANCELLATION REQUESTS

    You may cancel or modify any Pending Payment up to 12:01 AM Central Standard Time (CST) on the payment Send-On date. Once the Bill Pay Service has begun processing the Payment Instruction, it cannot be cancelled or edited; therefore, a stop payment request must be submitted only for bills paid via paper check. You may not submit a stop payment after a Payment Instruction has been sent electronically. If you need to stop a payment that has been paid via paper check, you will need to call:

    (972) 348-2000 or (800) 843-5295
    or write
    Texans Credit Union
    ATTN: Support Services
    P.O. Box 853912
    Richardson, Texas 75085-3912

    If you request Texans cancel a payment on your behalf prior to the Send-On date, you may call or write and the request must be received by Texans three (3) business days or more before the payment Send-On date. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call.

    1. Liability for failure to stop payment. If you order us to stop one of these payments three (3) business days or more before the payment is scheduled, and we do not do so, we will be liable for your losses or damages. See Business Account disclosures above for information concerning our liability for transfers to and from Business Accounts.

  5. PROHIBITED PAYMENTS

    Payments to Billers outside of the United States or its territories are prohibited through the Bill Pay Service.

  6. EXCEPTION PAYMENTS

    Tax payments and court ordered payments are prohibited. We reserve the right to refuse to make any payment, but will notify you of any such refusal within two (2) business days following receipt of your payment instruction. In no event shall the Provider be liable for any claims or damages resulting from your scheduling of these types of payments. The Provider has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, miss-posted or misdirected exception payments will be the sole responsibility of you and not of the Provider.

  7. BILL DELIVERY AND PRESENTMENT

    This feature is for the presentment of electronic bills only. In addition, if you elect to activate one of the Bill Pay Service's electronic bill options, you also agree to the following:

    1. Information provided to the Biller – The Bill Pay Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill.
    2. Activation – Upon activation of the electronic bill feature the Bill Pay Service may notify the Biller of your request to receive electronic billing information. The date of presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
    3. Authorization to obtain bill data – Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
    4. Notification – The Bill Pay Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Bill Pay Service, the Bill Pay Service may send an email notification to the email address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Pay Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
    5. Cancellation of electronic bill notification – The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Bill Pay Service will notify your electronic Biller(s) as to the change in status of your account but it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Provider will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
    6. Non–Delivery of electronic bill(s) – You agree to hold the Provider harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
    7. Accuracy and dispute of electronic bill – The Provider is not responsible for the accuracy of your electronic bill(s). The Provider is only responsible for presenting the information we receive from the Biller.

    Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

    This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

  8. EXCLUSIONS OF WARRANTIES

    THE BILL PAY SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  9. FAILED OR RETURNED TRANSACTIONS

    In using the Bill Pay Service, you are requesting the Provider to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction and Courtesy Pay is not available), the transaction will not be completed. If this occurs, you will receive a notice from the Provider, be suspended from the Bill Pay Service and all future scheduled bill payments will not be paid until you reimburse the Provider. In such case, you agree that:

    1. You will reimburse the Provider immediately upon demand the transaction amount that has been returned to the Provider;
    2. For any amount not reimbursed to the Provider within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
    3. You will reimburse the Provider for any fees it incurs in attempting to collect the amount of the return from you; and,
    4. The Provider is authorized to report the facts concerning the return to any credit-reporting agency.
  10. BILLER LIMITATION

    The Provider reserves the right to refuse to pay any Biller to whom you may direct a payment. The Provider will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

  11. RETURNED PAYMENTS

    In using the Bill Pay Service, you understand that Billers and/or the United States Postal Service may return payments to the Provider for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Provider.

XII. ACCOUNT ALERT SERVICE

The Account Alert Service is offered to eligible accounts, allowing you to request and receive messages about your Texans account(s). You may receive alerts via email message(s) and/or text enabled cell phones or pagers. Each alert will be effective after set up of the alert parameters and delivery points using the Alerts Service. You must be enrolled in the Service to use the Account Alert Service.

You accept that each alert may not be encrypted, and may include your name and information pertaining to your account(s). The Alert will never contain your full account number. The information contained in an Alert is as of a specific time and date. Receipt of each alert may be delayed, or prevented by factor(s) affecting your Internet Service Provider(s), phone operator(s), and such other relevant entities. We neither guarantee the delivery or the accuracy of the contents of any alert. Texans will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or wrong delivery of any alert; (b) inaccurate content in an alert; (c) your use or reliance on the contents of any alert for any purposes. Texans reserves the right to terminate any request from you, for any alert, at any time. The information in any alert may be subject to certain time lags and/or delays. You will manage the types of your alerts, and the alerts may be stopped, or suspended by you at any time.

Either you or Texans may terminate your use of the Alerts Service at any time without notice.

Enrollment in text services requires identification of your banking relationship with Texans as well as providing a mobile phone number. Standard messaging charges apply for text messages provided by Texans combined with your handheld's text messaging capabilities. In case of questions, please contact Texans at 972-348-2000 or 800-843-5295.

XIII. DOWNLOAD SERVICES

Download Services enables you to download specific information from the Services into Quicken®, and other software applications. It is your responsibility to obtain a valid and separate license agreement with the provider of the software application. You understand and agree that:

  1. The information you download is for tracking purposes only and should not be considered an official record. Statements generated by Texans are the sole official record of account transactions and balances.
  2. The account information will not reflect Banking or financial activities and transactions that have not yet been completed and will only reflect the account information at the time that you download the information.
  3. It is your responsibility to update your downloaded account information to your software application.
  4. Texans is not liable for any loss, damages or expenses of any kind as a result of your reliance upon the downloaded information in your software application.
  1. TRANSMISSION AND STORAGE

    You agree and understand that:

    1. You assume all risk for the possibility that any account information you download and store in your software application may be accessed by unauthorized third parties;
    2. If you send the information in a manner that is not secure, or if you take the account information out of Texan's secure computers by downloading it, Texans is no longer responsible for the security and confidentiality of that information, and the responsibility becomes solely yours (or may be shared with others, such as your software application provider); and
    3. Texans is not responsible for the security and confidentiality of the account information if you: (i) use wireless connections to download your account information, in which case you acknowledge such connection may permit other persons to access the information being downloaded; or (ii) allow other persons access to your software application.
    4. You agree that any account information that you download is processed at your own risk and you are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download any information, or any loss or corruption of data that might occur as a result of the downloading or its storage in an electronic device or other electronic device.
  2. ADDITIONAL LIMITATIONS OF LIABILITY

    You agree that Texans will not be liable to you for:

    1. Your inability to use the download service;
    2. The accuracy, timeliness, loss, or corruption of account information;
    3. Unauthorized access to your account information and any misuse, or alteration, of your account information or data, to the extent the unauthorized access results from your acts or omissions;
    4. Your inability to access your account information (including but not limited to, failure of electronic or mechanical equipment,
    5. Connection problems with telephone providers or Internet service providers ("ISPs"), acts of God, strikes, or other labor problems).

XIV. STATEMENTS

All payments and transactions made via the Services will be listed on your monthly account statement (the "Statement") that you receive from us.

XV. CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make; (i) where it is necessary for completing transfers, (ii) text messages from the Alerts Service or (iii) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (iv) in order to comply with government agency or court orders, or (v) if you give us your written permission.

XVI. COMPUTER EQUIPMENT AND SOFTWARE

You are solely responsible for the maintenance, installations and operation of your electronic device and for the software used in accessing the Service. Texans shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your electronic device or software, nor will Texans be responsible for any technology virus that affects your electronic device or the software while using the Service. By accessing the Service through the World Wide Web, you agree that Texans shall not be liable for any indirect, incidental, or consequential costs, expenses or damages (including lost savings or profit, lost data, business interruption or attorney's fees). Additionally, you must have an Internet Service Provider, an email address, and a browser to utilize Service through the Internet.

XVII. SAFEGUARDING YOUR PASSWORD AND PERSONAL IDENTIFICATION NUMBERS

Your use of the Services confirms your agreement to and understanding of the terms and conditions contained herein. You are responsible for keeping your online password, account numbers, personal identification data, and other account information confidential.

Never share your User ID / Password, or other personal account information. If you provide your Password or Texans Self Service PIN to any other person, you agree that you will instruct them to keep them strictly confidential. Any person having access to your Password will be able to access the Services and perform all transactions including reviewing account information and making transfers to other accounts and to other persons. All transactions initiated by those with whom you shared information will be considered as authorized by you, regardless of whether you intended those transactions to be made. Texans Credit Union staff members will never ask for your Password or Texans Self Service PIN by phone, mail or e-mail.

XVIII. ADDRESS CHANGES

It is your sole responsibility to ensure that the contact information in the Services is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by visiting a branch or contacting Texans at 972-348-2000 or 800-843-5295.

XIV. EMAIL ADDRESS

You agree to provide us with a current email address to receive email notifications and disclosures from Texans. You must immediately notify Texans of any changes or updates to your email address or if it becomes inoperative or inactive. You agree to immediately identify another email address to be used for the Service. You also agree that Texans is under no obligation to re-transmit any notifications to you that were returned "undeliverable" or otherwise rejected for delivery. Email will be the only notice you will receive advising you that electronic records have been posted to your account.

XX. OTHER GENERAL INFORMATION

Error Resolution Notice

In case of errors or questions about Online Banking Transfers, call:
(972) 348-2000 or (800) 843-5295 or write
Texans Credit Union
Attn: Support Services
P.O. Box 853912
Richardson, Texas 75085-3912

as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we send you the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number (if any).
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For transactions initiated outside the United States, we will have twenty (20) business days instead of ten (10) business days, and ninety (90) calendar days instead of forty-five (45) calendar days, unless otherwise required by law, to investigate your complaint or question.

For errors involving new accounts we may take up to 90 days to investigate your complaint or question, and we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

If there is an error on an electronic transfer made through Texans Bill Payment Service, call (972) 348-2000 or (800) 843-5295 for resolution.

XXI. INACTIVITY

If you do not sign in to the Service or have not scheduled bill payments through the Services for 90 days or more, we may cancel your Service without further notice.

XXII. OUR BUSINESS DAYS

Our business days are Monday through Friday 9:00 AM to 5:00 PM. Holidays observed by Texans Credit Union are not included.

XXIII. ADDITIONAL TERMS, CONDITIONS, AND DISCLOSURES

  1. If you add an additional Service, you agree that the Terms, Conditions, and Disclosures of this Agreement will apply to any such added Service.
  2. You agree to be bound by and comply with these Terms, Conditions and Disclosures and applicable state and federal laws and regulations.
  3. We reserve the right to terminate your use of the Services, in whole or in part, at any time without prior notice.
  4. If you wish to cancel your subscription to the Services, you must notify us in writing of cancellation. You will be responsible for all payments you have requested prior to cancellation and for all other related charges, fees, and taxes incurred.
  5. You are responsible for cancelling all outstanding payment orders before you cancel the Services. We will not be liable for payments not canceled, or made.
  6. We may change these Terms, Conditions, and Disclosures, and any applicable fees and charges at any time and we will notify you of any such change. Your use of the Services following receipt of such notice constitutes acceptance of any such change.
  7. NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
  8. If any provision of the Agreement is found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.
  9. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
  10. These Terms, Conditions, and Disclosures shall be governed by and construed in accordance with the laws of the State of Texas to the extent not pre-empted by applicable federal law. Venue for any action shall lie in Dallas County, Texas.

XXIV. FINANCEWORKS & PURCHASE REWARDS OFFERS - END USER LICENSE AGREEMENT

In addition to the above content, if you decide to use either FinanceWorks or the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

  1. LICENSE GRANT AND RESTRICTIONS. You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service (the "Service") solely to manage your financial data, and the purchase rewards application ("Purchase Rewards Offers") to benefit from your debit card purchases.

    In addition to the FinanceWorks Service and the Purchase Rewards Offers, the terms "Service" and "Purchase Rewards Offers" also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Purchase Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Purchase Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Purchase Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.

    You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Purchase Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Purchase Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Purchase Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Purchase Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the Service; or (vii) otherwise use the Service, Purchase Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.

  2. OWNERSHIP. The Service and Purchase Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.

  3. YOUR INFORMATION AND ACCOUNT DATA WITH US. You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, Purchase Rewards Offers or any services provided in connection with them, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Service, Purchase Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for the Service, Purchase Rewards Offers or any services provided in connection with them, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Service, Purchase Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Service, Purchase Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.

    We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.

  4. YOUR INFORMATION AND ACCOUNT DATA WITH OTHER FINANCIAL INSTITUTIONS. Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called "aggregation"). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.

    If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.

    If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.

  5. USE, STORAGE AND ACCESS. We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes. Maintenance of the Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.

  6. THIRD PARTY SERVICES. In connection with your use of the Service, Purchase Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.

  7. THIRD PARTY WEBSITES. The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Purchase Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.

  8. EXPORT RESTRICTIONS. You acknowledge that the Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.

  9. PURCHASE REWARDS OFFERS. If you decide you wish to participate in the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

    Purchase Rewards. You will earn rewards for your participation in the Purchase Rewards Offers program based on total purchases. If you participate in the Purchase Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Purchase Rewards Offers deposit account which is associated with the Purchase Rewards Offers program.

    Purchase Rewards Offers Account. You must use the debit card associated with the Purchase Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.

    Purchases must be made as indicated in the offers made available under the Purchase Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Purchase Rewards offer in order for the purchase to qualify.

    While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.

    Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.

    You understand and agree that we make no warranties and have no liability as to:

    • Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Purchase Rewards Offers program.

    • The rewards information that we provide to you, which is provided "as is" and "as available".

    • (i) your inability to comply with offer guidelines, (ii) the accuracy, timeliness, loss or corruption, or mis-delivery, of any qualifying purchase information or any other information, (iii) unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions, or (iv) your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or internet service providers, acts of God, strikes, or other labor problems.

    • Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.