Independent Bank
Online Banking Agreement and Disclosure
General
This Online Banking Agreement and Disclosure ("Agreement") governs your use of Independent Bank's
Online Banking. By using Independent Bank's Online Banking services, you agree to all of the terms and
conditions of this Agreement. Please read it carefully and keep a copy for your records.
In this Agreement, "you" or "your" refers to the person(s) subscribing to or using Independent Bank's
Online Banking; "we," "us," or "our" refers to Independent Bank and any agent, independent contractor,
designee, or assignee Independent Bank may involve in the provision of the Online Banking.
Online Banking Security Information
Ensuring you have a secure online banking experience is our number one priority. This Level of Security
is achieved by:
• Protecting the privacy and the confidentiality of the communications between your browser and
our servers.
• Verifying that only authorized persons are allowed to access online banking.
• Maintaining isolation of our computers from the internet.
For more information on how we use security click here.
About Cookies
Cookies are bits of information that a website sends to a user's computer or device. The user's computer
may then display the information back to the server on subsequent pages, actions, or visits. Online
Banking uses session cookies that expire once the session has ended. The use of cookies within online
banking is necessary for security and is required to access the system. Our use of cookies is for user
authentication only. New browser versions have the ability to see what cookies are left behind, and
whether they are willing to accept a cookie. All cookies must be accepted in order for the online banking
software to operate. Each cookie is required to move you along in online banking. It does not allow you to
input a URL to get inside the online banking session. As there are a number of cookies within our secured
site, you may want to turn off the cookie alert during your online banking session. It can always be
enabled later. Slower computers may time out accepting multiple cookies. For more information about
how to disable the "Accept Cookies" warning in your browser, click on the Troubleshooting link found at
the bottom of the Online Banking Login screen.
Types Of Internet Banking
Independent Bank's Online Banking offers its customers a full line of financial services. Customers have
access to two years of statements and transaction details. At the present time you my use the service to:
• View account balances, deposits, withdrawals, and transfers.
• Make stop payments on checks. You may only initiate stop payment requests online for paper
checks you have written on your accounts, excluding electronic checks, drafts, and bill payments.
To be effective, this type of stop payment request must precisely identify the name of the payee,
the check number, the amount and the date of the check. You will incur stop payment charges as
disclosed in the current fee schedule for the applicable account.
• Make transfers or schedule transfers between accounts.
• Make a loan payment (if you also have an Independent Bank checking account).
• Export account information into Quicken™, Quickbooks™, or other financial programs.
• Set account alerts and notifications.
• Opt to view your statement online.
• File your tax return through TurboTax™.
For customers who opt to use Bill Payment, these functions are also available:
• Schedule and make single payments.
• Schedule and make recurring payments.
• View pending and historical payments.
• Pay from multiple funding checking accounts.
• Set up eBills, if the payee is configured for electronic bills.
• Set up Scraped Bills, if the payee is configured for smart bills.
• Set up alerts and notifications regarding your bill payments and eBills.
• Create bill payment reports.
To subscribe to online banking, you must maintain at least one account with the bank. Online Banking will
allow you to access more than one account, to view account balance(s) and transaction information,
transfer funds among designated accounts, and correspond with the bank through electronic mail. The
bank reserves the right to deny you access to online banking, to limit access or transactions, or to revoke
a customer's access to online banking without advance notice to the customer.
Mobile Banking Services
Independent Bank provides you with free access to your account information through the use of your
mobile device, such as mobile phone or tablet. Together, these Services allow you to check balances,
pay bills, transfer funds between accounts, locate a branch, and more. All Terms and Conditions
contained within this Agreement also apply to the use of Independent Bank's Mobile Banking Services.
Independent Bank does not charge for Mobile Banking Services. Your mobile carrier (e.g., AT&T,
Verizon, Sprint, T-Mobile, etc.) may impose messaging and data charges. You are responsible for all
messaging and data charges associated with your use of the Services. Check with your mobile carrier for
information on charges that may apply.
We work to provide accurate account information in a timely manner. However you understand and agree
that account updates, text messages, alerts and bill payments may be delayed or prevented by a variety
of factors, and we do not guarantee the delivery of any account updates, text messages or alerts or the
accuracy of the contents of any account information. Balances may not reflect recent or pending
transactions that have not yet posted to your accounts, and other restrictions may apply. You agree that
we shall not be liable for any delays, failure to deliver, or misdirected delivery of any account updates, text
messages, alerts or bill payment; for any errors in the contents of an account update, text message, an
alert or a bill payment; or for any actions taken or not taken by you or any third party in reliance on
account updates, a text message, an alert or a bill payment.
Your full account number will not be included in our Mobile Banking or Text Banking Services. However,
account information, text messages and alerts may contain our name and information about your
accounts. Depending upon the account update, text message or alert, information pertaining to loan and
checking account balances, checks written, or insufficient funds may be included. Anyone with access to
your mobile device(s) may be able to access the contents of the text messages or alerts. It is your
responsibility to secure these devices, such as by protecting your user name(s) and password(s) and
deactivating a compromised mobile phone number or device, in order to protect the confidentiality of this
information. You also agree to not leave your mobile device unattended while logged into Mobile Banking
and to log off immediately after each session. You agree to contact us immediately if you believe your
mobile device or password has been compromised, lost, stolen or used without your consent. You
consent to, and agree that Independent Bank will not be liable for, any disclosures which may occur if you
do not take appropriate steps to prevent access to your information by unauthorized persons.
Limitations On Frequency And Amount
For Bill Payment, the frequency of recurring payments can be weekly, bi-weekly, monthly, semi-monthly,
quarterly, semi-annually and annually. For most account products, the Bill Payment processor has a
payment cap of $9,999.00, regardless of how the payment is disbursed; and a daily limit for all bill
payments sent is capped at $19,999.99 for online banking. For the Free Budget Checking account
product, the Bill Payment processor has a payment cap of $500.00, regardless of how the payment is
disbursed; and a daily limit for all bill payments sent is capped at $1,000.00 for online banking.
Regulatory restrictions limit automatic and pre-arranged transfers or withdrawals to 6 per month on
savings and money market accounts. This restriction does not apply to transfers or withdrawals initiated
by the account holder in person, by mail, by messenger, or at an automatic teller machine. Please
discuss any questions you may have regarding these restrictions with a bank representative.
Fees
Personal Accounts: We do not charge for use of the online banking or bill pay services.
Business Accounts: Analyzed business accounts have a $9.99 monthly service charge for the online
banking service. The consumer online banking service is free for all other business account products.
All business account products have a $5.99 service charge for the bill pay service. The bill pay service
allows up to 20 bills sent per statement, each bill sent after has a 75¢ service charge. The bill payment
service has a free 60 days trial period before the service charge will be assessed.
Business Days
For purposes of this Agreement, our business days are Monday through Friday, with the exception of
federal holidays. Transactions performed after 6:00 p.m. Central Time are treated as though they were
performed on the next business day. Bill payments performed after 9:30 p.m. Central Time are treated as
though they were performed on the next business day.
You can use our online banking services seven days a week, twenty-four hours a day, although
occasionally some of all of our online banking services may not be available due to emergency or system
maintenance. When possible, we agree to post notice of any extended periods of non-availability on the
online banking login site.
Statements
You will receive your periodic monthly account statement from us. Or, deposit account customers may opt
in for online statements in lieu of a mailed statement.
Username And Password
Upon registering for Independent Bank's Online Banking service, you will choose a password, consisting
of letters, numbers, and/or special characters, which will allow you to access the service. You agree not
to disclose or otherwise make your password available to anyone not authorized to sign on your
accounts. You accept responsibility for the confidentiality and security of your password and agree to
change your password regularly. The identity of your password is not communicated to the bank. You
may change your username or password at any time inside your login session, under My Settings.
Shared Access
As the authenticated primary user of online banking, you have the ability to entitle another person or
persons (subusers) with access to your online banking site and with certain authorities with respect to
your accounts. Shared Access includes view-only access, making transfers between designated accounts
and initiating payments from designated accounts, granted individually or in combination. You have sole
authority and control in sharing access with, managing and disabling subusers and/or their respective
authority. You authorize us to act on transaction instructions initiated under the credentials of an
authenticated subuser, just as if it were initiated under your credentials. When granting Shared Access,
you assume total liability for any and all activities of a subuser with respect to your accounts, and you
agree to hold us harmless in any claim you make against a subuser for breach of your agreement with
said subuser pursuant to Shared Access.
Notices
All notices from us will be effective when we have mailed them or delivered them to your last known
address on our records. Notices from you will be effective when received by us at the telephone number
or the address specified in this Agreement. We reserve the right to change the terms and conditions upon
which this service is offered. We will mail the notice to you at least twenty-one (21) days before the
effective date of any change, as required by law. Use of this service is subject to existing regulations
governing your account and any future changes to those regulations.
Enforcement
In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a
result of any Account transaction, the prevailing party shall be entitled to reasonable attorneys' fees and
costs, including fees on any appeal, subject to any limits under applicable law.
Termination of Independent Bank's Online Banking
You agree that we reserve the right to terminate this Agreement and your use of the online banking and
Bill Payment services, if:
• You or any authorized user of your password breach this or any other Agreement with us.
• We have reason to believe that there has been an unauthorized use of your password.
• We notify you or any other party to your account that we have canceled or will cancel this
Agreement.
• You have closed your account(s) with the bank
• Your online banking is inactive for 180 days or more, or 90 days or more in the case of Bill
Payment only.
We may limit access or transactions, or terminate your access, to online services at our sole discretion,
without advance notice to you. Upon termination you will be responsible for making arrangements to pay
any future or recurring payments.
You or any other party to your account can terminate this Agreement by notifying us in writing or emailing
us at ContactUs@i-bankonline.com. To cancel Bill Payment contact us by phone at (901) 844-0400 or
email us at [email protected].
Termination of service will be effective the first business day following receipt of your notice. Termination
of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for
transactions or outstanding charges initiated before termination.
Bill Payment Service
Bill Payment Processing Dates: Payments are processed based on the date you specify. This means it is
your responsibility to determine when the bill payment processing should begin so the payment is
received before the due date. Payments may take up to three (3) banking business days for an electronic
payee and five (5) banking business days if the payee is paid by check to be received.
Bill payments posting to your checking account activity may not reflect the actual process date of the bill
payment. Please refer to your bill payment session for actual process dates.
Bill Payment Limitations: You may make a payment using our Bill Payment service to any Payee who has
a U.S. address; however, you may not use bill payment services to pay taxes or make other payments to
government agencies.
For most account products, a single bill payment may not exceed $9,999.99, and the daily limit for all bill
payments sent is capped at $19,999.99. For the Free Budget Checking account product, a single bill
payment may not exceed $500.00, and the daily limit for all bill payments sent is capped at $1,000.00.
Add, Edit, or Cancel a Bill Payment: You may add, edit, or cancel a bill payment up to 9:30 p.m. Central
Time on the payment date.
Stop a Bill Payment: Each bill payment stop pay request is unique, depending on the time and date of the
request is made. We will make every effort to stop a payment, provided that payments have not posted or
cleared.
To stop a bill payment, contact us by phone at (901) 844-0400 or email us at ContactUs@i-
bankonline.com. If we are able to issue a stop payment order, we will immediately process your written
stop payment request. To be effective, this type of stop payment request must precisely identify the name
of the payee, the payee-assigned account number, the amount and scheduled date of the payment.
Confirmation of a Bill Payment: If a payee requires proof of a bill payment, contact us by phone at (901)
844-0400 or email us at [email protected].
If the bill payment was sent via physical check, we may or may not be able to obtain an image copy of the
check. Obtaining images of checks is dependent upon the date of the request. If the bill payment was
sent electronically, we will be able provide a confirmation.
Payment Guarantee
The Bill Payment processor will reimburse you up to $50.00 per payment for any late fees you are
charged as a result of the failure of a Payee to receive a payment by the due date if each of the following
conditions applies:
• You scheduled the payment on a transaction date at least three (3) business days prior to the due
date for an electronic payee or at least five (5) business days prior to the due date for a payee
paid by check.
• You provided us with the correct Payee name, address, account number, and amount.
• Your account had sufficient funds to complete the payment or transfer on the transaction date.
• The Payee is a business payee, and late fees were assessed by the Payee.
• Your computer and internet connection are functioning correctly, and you never received notice
from the Payee that there were problems associated with processing payments from this system
in the past.
Our Liability for Failure To Make Transfers
If we do not complete a transfer to or from your account initiated through the Independent Bank's Online
Banking and Bill Payment Services on time or in a correct amount according to this 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, through no fault of ours, you do not have enough money in your account to make the transfer.
• If the money in your account is subject to legal process or other claim restricting such transfer.
• If the transfer would go over the credit limit on your overdraft line.
• If the system was not working properly and you knew about the breakdown when you started the
transfer.
• If you provided any incorrect information about the Payee.
• If the Payee delays the handling of the payment.
• If circumstances beyond our control (such as fire or flood) prevent the transaction, despite
reasonable precautions that we have taken.
• There may be other exceptions stated in our agreement with you.
Notice of Your Rights And Liabilities
Tell us immediately, if your password has been stolen, lost, or compromised. Failure to do so could cause
you to lose all the money in the accounts accessible by the password.
If you notify us within two (2) business days after you discover that your password has been stolen or lost,
you can lose no more than $50.00 if someone used the password without your permission. If we are not
notified within two (2) business days, and we can prove we could have prevented someone from using
your password without permission had we been notified, you could lose as much as $500.00.
If unauthorized transfers are reflected in your statement, notify us immediately. You must tell us within
sixty (60) days after the statement was mailed to you. Otherwise, if we can prove that we could have
stopped someone from taking the money had we been notified, you may not recover any lost funds.
In the event of an unauthorized transfer or that your password has been lost or stolen, call us at (901)
844-0400, or write us at 5050 Poplar Avenue, Memphis, TN 38157 as soon as you can.
Limitation of Liability
Except where provided for in this Agreement, we cannot be held responsible for any loss, injury or
damage, whether direct, indirect, special or consequential, caused by the online banking service or the
use thereof. This includes any electronic virus or viruses that you may encounter.
The bill payment service will use good faith efforts to make all your payments properly. However, we and
our agents will incur no liability if the service is unable to complete any payments or transfers initiated via
the bill payment service because of any one of the following circumstances:
• 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 attempted to execute
the transaction or, in the case of an automatic or recurring payment or transfer, at the time such
payment or transfer should have occurred.
• The payee mishandles, delays posting a payment, refuses or is unable to accept a payment.
• You have not provided the bill payment service with the correct name(s), address or account
information for Payees.
• Your subscription to the service has been terminated for any reason.
• If circumstances beyond our control including, but not limited to, fire, flood or interference from an
outside force, prevent the proper execution of the transaction.
• The transfer of your funds is restricted by legal process or holds.
• Other exceptions stated in this agreement or related agreements.
Errors and Questions
Questions or issues regarding electronic transfers: Telephone us at (901) 844-0400, or write us at 5050
Poplar Avenue, Memphis, TN 38157 as soon as you can. We must hear from you no later than sixty (60)
days after we sent the FIRST statement or notification on which the problem or error appeared.
• Tell us your name and account number (if any).
• 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.
• Tell us the dollar amount of the suspected error.
• For Bill Payments: Include the payee's name and account number, the date on which payment
was made, the confirmation number, and the payment amount.
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.
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.
Questions or issues regarding bill payment processing: Contact Independent Bank by phone at (901)
844-0400.
Confidentiality
We will disclose information to third parties about your account or the transfers you make:
• To complete transfers as necessary; or
• To verify the existence and condition of your account upon the request of a third party, such as
credit bureau or merchant; or
• To comply with government agency or court orders; or
• If you give us your written permission.
No Signature Requirements
When any online service or payment causes a charge to be made your account, you agree that we may
debit that account without obtaining your signature on the item and without notifying you.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Tennessee.
Amendments
Terms and conditions of this Agreement may be amended under the same conditions as outlined in the
Depositor Agreement governing your account(s).
Entire Agreement
This Agreement is the entire agreement between you and Independent Bank related to Independent
Bank's online banking. It supplements the Depositor Agreement related to your account(s). This
Agreement shall supersede in the case of a conflict between this Agreement and any other agreement or
disclosure or any statement made by our employees or agents.
Consent To Conduct Transactions Electronically and To Receive Electronic Disclosures And
Notices
This disclosure documents your consent to conduct transactions electronically and to electronically
receive disclosures and notices relative to the accounts and products you access with us online. The
disclosure also describes your rights relative to conducting transactions electronically and to electronically
receiving disclosures and notices, as well as the consequences of withdrawing your consent. We
recommend you print and retain a copy of this disclosure and all the disclosures and agreements related
to this transaction.
Once you consent, you will be able to view and conduct transactions online. If you do not consent, you
will not be able to use online banking.
You understand, prior to consenting, that:
• Your consent applies only to disclosures and notices regarding your accounts;
• Unless you consent, you have the right to receive all required disclosures in paper or non-
electronic form;
• Even after consent, if you want to receive a paper copy of the disclosure in addition to the
electronic disclosure you can obtain one free of charge by calling us or writing us at the number
or address listed below;
• You can withdraw your consent at any time by calling us or writing us at the number or address
listed below; and
• By consenting to view, conduct transactions, and receive disclosures and notices electronically,
you agree to provide us with the information (such as current email address) needed to
communicate with you electronically and update us as to any changes in such information by
calling us or writing us at the number or address listed below. You also agree to regularly access
online banking as you would any notice or activity via in-branch, phone banking, or
correspondence.
We reserve the right to provide any disclosures or notices in writing, rather than electronically. Except as
otherwise provided in this or other agreements, by law, or on our website, all notices from you must be in
writing.
Additional Agreements and Disclosures
You understand that in conjunction with Online Banking, Independent Bank may make available to you,
either directly or through third parties, additional online services. These services are optional, and there is
no obligation to use any of these services. If you choose to take advantage of these services, you
understand that you accept the additional applicable terms and conditions as set forth below.
Funds Transfer Service
Online Statements
Mobile Deposit
Purchase Rewards
Contact Information
901-844-5050
Independent Bank
5050 Poplar Avenue, Suite 112
Memphis, TN 38157
ContactUs@i-bankonline.com
Consent
By clicking "I Agree" you consent to conduct transactions electronically, to electronically receive
disclosures and notices relative to the accounts you access with us online, and to the terms and
conditions described above.
