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Brenham National Bank
Addendum to Total Access Agreement
Bill Pay Customer Agreement
This Agreement is between Brenham National Bank and each customer who signs this agreement and any other person authorized by such customer to use the Bill Pay Service. This Agreement sets forth the terms and conditions under which you may use the Service. This Agreement includes by reference The Brenham National Bank’s Total Access Agreement, Business Total Access Agreement, Commercial Cash Management Agreement, Deposit Agreements and Brenham National Bank’s Disclosure Statement Pursuant to Electronic Funds Transfer Act and Regulation E which explains the customer’s right to dispute errors. By completing this agreement, you agree to be bound by the terms and conditions of all referenced Agreements, as they may be amended from time to time.
In this Agreement, the words “you” and “your” mean each customer who has signed the enrollment for the Service and any person authorized by the customer to use the Service. The words “we”, “us” and “our” mean the Service Provider and any agent, independent contractor, designee, or assignee that Brenham National Bank may, in its sole discretion, involve in the provision of Bill Pay Service. The word “Payee” means a third party that you select in advance to receive one or more Service payments. “Payment date” means the scheduled date on which a Service payment is scheduled to be processed and sent either by mail or electronically.
This Agreement is also subject to applicable federal laws and the laws of the State of Texas (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in the Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Brenham National Bank’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement constitutes the entire agreement between you and Brenham National Bank with respect to Bill Pay Services.
ELIGIBILITY
To access our Service, you must have a qualified checking account with us and have “Total Access” Internet banking with Brenham National Bank. Accounts that require two or more signatures to withdraw or transfer funds may not be used as a Bill Pay account. Savings accounts and Money Market accounts have transaction limitations and cannot be designated as a Bill Pay account.
ACCESS
The Service is generally available via “Total Access” Internet banking 24 hours a day, 7 days a week, except during maintenance periods. However, payments made through the Service can only occur on business days. Our business days are Monday through Friday, with the exception of legal holidays, and any closings required by circumstances beyond our control. We are not liable under this Agreement for failure to provide access due to a system failure or other unforeseen acts. We are not liable under this Agreement for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with this Service.
SECURITY
You understand the importance of your role in preventing misuse of your accounts through Brenham National’s Bank Total Access and Bill Pay Service, and you agree to promptly examine your statement for each of your Brenham National Bank accounts as soon as you receive it. You may be held liable for the unauthorized use of your Access Codes (see Section 11 of the Total Access Agreement).
Data transferred via Total Access is encrypted in an effort to provide transmission security and Total Access utilizes identification technology to verify that the sender and receiver of transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Total Access and Bill Pay Service will not be monitored or read by others.
BILL PAY SERVICE
You can arrange, at your option, for the payment of your current, future and recurring bills from your designated Bill Pay Account. You may not use the Service to pay taxes or court ordered payments. You must provide the full name of the Payee and the Payee’s complete United States address. Additional information such as your account number with the Payee, the amount of the payment, and whether the payment is recurring are also required.
You must schedule any payment at least five (5) business days prior to the date the payment is due to your Payee for a check payment mailed to the Payee and at least three (3) business days before the payment due date for an electronic payment to the Payee. Brenham National Bank is not liable for any service fees or late charges levied against you due to postal delays or processing delays by the Payee. There is no limit on the number of payees or number of payments that may be authorized. The maximum per payment amount is $999,999,999.00 for check payments and the minimum per payment amount is $1.00. Electronic payments are subject to the availability of sufficient funds in the designated checking account. However, Brenham National Bank reserves the right to impose limits at some future date, with proper written notice.
When you schedule a bill payment by check using the Service, you authorize us to issue a check drawn on your qualified designated checking account for the requested amount. Funds will not be deducted from your account until the check clears through normal check clearing processing. If sufficient funds are not available in your designated account when the check is presented for payment, we may refuse to honor the check and return it unpaid. At our sole discretion, we may elect to pay the check regardless of the insufficient funds. In either event, your qualified designated account will be charged our then current fee for processing insufficient items, whether the check is paid or returned, as applicable. You are responsible for any loss or penalty that you may incur due to a lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account.
The Service Provider will use its best efforts to make all your payments properly. If we do not complete a payment on time or in the correct amount, we will be liable for your losses and damages. However, there are some exceptions to this liability such as in the following circumstances:
- If through no fault of ours, you do not have enough funds in your account to make an electronic payment, or the payment would exceed the credit limit on any overdraft line associated with the account;
- The equipment or software used by the Service Provider to provide the Service was not working properly and you knew or were advised by the Service Provider about the malfunction before you executed the payment;
- You have not provided the Service Provider with the correct names, addresses, or account information for third-party Payees to whom you wish to direct payment;
- Circumstances beyond our control (such as, but not limited to, fire, flood, acts of nature, or interference from an outside force) that prevent the proper execution of the payment transaction despite the reasonable precautions we have taken;
- If the funds in your account are unavailable because of garnishment, levy, court order, or a hold placed on the designated account under the terms and conditions of the Funds Availability Act;
- If the qualified designated account has been closed or if the Service has been cancelled.
FEES
You agree to pay the fee for your use of Bill Pay Service as set forth below. You agree that such fee will be automatically deducted from your designated checking account at Brenham National Bank. If you close this account and you wish the service to continue, it will be your responsibility to set up another designated account to be your new Bill Pay account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet Service fees you incur in connection with your use of Brenham National Bank’s Total Access and Bill Pay Service.
ELECTRONIC PAYMENTS
Bill Pay transactions are governed by the Electronic Funds Transfer Act. A thorough knowledge of your rights and liabilities is important. This information is provided to you at the time your account is opened. Additional copies are available upon request, by calling 979-836-4571 or 888-292-4571 and ask to speak to a Personal Banker.
ADDING, MODIFYING, OR DELETING PAYMENTS
You may add a new Payee at any time, but no less than 5 (five) business days prior to the scheduled due date of the payment to ensure on-time receipt. You may modify the information on a Payee or delete a Payee up to 12:00 P.M. CST on the business day before the scheduled payment date. If the transaction shows an (IN PROCESS) status, then the payment cannot be modified or deleted.
CANCELLING TOTAL ACCESS AND BILL PAY SERVICE
You may cancel your use of the Service at any time by sending an email to the Bank @ customercare@bnbank.com or by calling us at 979-836-4571 or 1-888-292-4571. If you notify us by telephone, we may request that you put your request in writing. Notices from you will be effective when received by us at the following address:
Brenham National Bank
P. O. Box 2568
Brenham, TX 77834-2568
We cannot cancel the Service until all pending payments have cleared. If you cancel Brenham National Bank’s Bill Pay Service for any reason, prior to scheduled payment(s), the Service Provider is not liable for non-payment to any Payee. Your scheduled payments and transfers will be automatically deleted.
The Service Provider reserves the right to terminate the Agreement, in whole or in part, at any time for any reason. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
ALTERATIONS AND AMENDMENTS
The terms of this Agreement, applicable fees and service charges if any, may be altered or amended by the Service Provider from time to time. In such an event, we shall provide notice to you at least twenty-one (21) days before the effective date of any change when required by law to do so. Use of the Bill Pay Service is subject to existing regulations covering your account and any future changes to those regulations. All notices from us will be effective when we have delivered them to your last known address on our records.
CURRENT PRICING
Monthly cost for Bill Pay Service is $5.95 per month to be deducted at statement time from the designated Brenham National Bank Bill Pay account. If you have a REWARD CHECKING account, POWER PAY is free. For business accounts the monthly cost is $5.95 for the first 10 transactions, any transactions after 10 will be billed at 35 cents each.
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Click hereThe terms set forth in the "Rules & Regulations Governing Accounts" covers the operation of deposit accounts at Brenham National Bank. This disclosure is available from any Banker.
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