Terms and Conditions
TERMS AND CONDITIONS OF TOLLESON DIGITAL BANKING
Tolleson Private Bank (“we” or “us”) offers Tolleson Digital Banking (the “Service”) to enable you to access account information, initiate transactions, and communicate with us by e-mail via a personal computer. This disclosure applies to your personal and business accounts and to any accounts for which you serve as a trustee.
CLIENT SERVICE INFORMATION
For questions concerning payment or transfer processing, please contact us at (214) 692-2919, during normal business hours.
SUBSCRIPTION TO THE SERVICE
Only accounts held with us can be used for the Service. You may make payments to merchants or others. You may choose to have transfers made between your Tolleson Private Bank deposit accounts or between your Tolleson Private Bank deposit and loan accounts.
Tolleson Digital Banking operates through your accounts, and you are subject to the rules and regulations governing those accounts. Any use of the Service to draw on your lines of credit shall be governed by the terms previously disclosed to you.
We reserve the right to refuse to make any transaction (unless required to do so by law or regulation) but will notify you via the Service of any such refusal to make a transaction.
You may ask us to send you particular alert messages. We will use our best efforts to provide those alerts timely and accurately. However, we will only be liable to you for failing to meet that standard if we are grossly negligent.
ACCOUNT DATA ACCESS
Tolleson Digital Banking permits you to view account data for your accounts with us. All account data are provided as a convenience and for informational purposes but are not the official record of your account activity with us; your account statements remain such official record. Banking and account data are updated during the day. All account data and information are subject to adjustment and correction.
Although we attempt to keep the information on this site accurate, complete, and current, we do not warrant that the content is accurate, complete, or current. We make no commitment to update the content. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time changes are made to the content. We may make changes in the products and/or the services described herein at any time.
With the exception of any warranties specifically granted in this notice, WE DISCLAIM ANY WARRANTIES THAT MAY BE EXPRESS OR IMPLIED BY LAW REGARDING THE AVAILABILITY, OPERATION, OR CONTENT OF THE SERVICE, INCLUDING WARRANTIES AGAINST MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY CAUSED BY YOUR EQUIPMENT OR SOFTWARE. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OUR FAILURE TO SEND ALERTS TO YOU TIMELY OR ACCURATELY EXCEPT DUE TO OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, AND/OR DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OPPORTUNITY, OR PROFITS, ARISING OUT OF OR RELATING TO THE USE OF THIS SITE OR THE COPYING OR DISPLAY OF INFORMATION ACCESSED THROUGH THIS SITE, WHETHER OR NOT WE WERE ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF ANY INFORMATION OR CONFIDENTIAL INFORMATION SUBMITTED TO US THROUGH THIS SITE OR ANY PAGE HEREOF OR FOR OUR TRANSMISSION OF INFORMATION OR CONFIDENTIAL INFORMATION TO ANY PERSON(S) OR ENTITY(IES) AS A RESULT OF A REQUEST FOR SUCH TRANSMISSION REASONABLY BELIEVED BY US TO HAVE BEEN MADE BY SUCH PERSON OR ENTITY. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
We shall have no liability to you other than that imposed upon us by law for our own lack of good faith or failure to act in accordance with the reasonable commercial standards of the banking business. Reasonableness of care in handling transactions shall be measured by the standard of the reasonableness of the banking procedures established for the transaction involved. A mere inadvertence or an honest mistake of judgment will not constitute a failure to perform such obligations or a failure to exercise reasonable care and in no case will be deemed wrongful. We shall not be liable for consequential, indirect, or special damages even if we have been advised of the possibility of them.
We shall have no liability in any event to you for loss of interest or any other damages resulting from any error of ours in failing to properly credit funds to or debit funds from your accounts unless you inform us of the error within a reasonable time of the transaction. A “reasonable time” shall never exceed sixty days from the date of the statement for your account which first disclosed the error. If we pay you interest for an error, the interest rate shall be the one that was in effect for that account during the time between the error being made and its being corrected.
We shall not be liable for failure to perform any service under your notice or your disclosure within the time provided therein in the event and to the extent that the failure arises out of war, civil commotion, an act of God, accident, fire or water damage, explosion, mechanical breakdown, computer or system failure or other failure of equipment, interruption of power supplies or other utility or service, strike or lockout, delay in transportation, legislative action, legal proceeding, government regulation or interference, or any other event beyond our control.
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 not be liable: (a) if, through no fault of ours, you do not have enough collected funds in your account to make the transfer; (b) if we have not received proper authorization and notice; (c) if circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken; (d) if your account has been tied up in legal proceedings or other actions; or (e) if we act in accordance with the reasonable commercial standards of the banking business.
We may from time to time introduce new services or enhance the existing Service. We shall notify you of the existence of these new services or enhancements. By using these new services and enhancements when they become available, you agree to be bound by the terms and conditions relating to them, notice of which will be sent to you, if required by applicable law, prior to their taking effect.
SUSPENSION OF PRIVILEGES
We may cancel this notice or terminate your participation in the Service for any reason at any time. We will try to notify you in advance but are not obligated to do so. In the event your subscription is suspended, we will notify you by mail at your last listed address, and all inquiries or related correspondence should be directed to us.
ADDITIONAL TERMS AND CONDITIONS
In addition to the foregoing, you agree to be bound by and comply with our rules and regulations and applicable state and federal laws and regulations.
If you wish to cancel your subscription to the Service, you must provide the Tolleson Private Bank at (214) 692-2919 with thirty (30) days advance notice by telephone or via the Tolleson Private Bank Message Center service; or you may notify us in writing: Electronic Banking Customer Service, Tolleson Private Bank, 5550 Preston Road, Suite B, Dallas, TX 75205. You will be responsible for all transactions you have requested prior to termination unless cancelled by you and all charges and fees incurred. SINCE SUBSCRIPTION CANCELLATION REQUESTS TAKE UP TO 30 DAYS TO PROCESS, YOU SHOULD CANCEL ALL OUTSTANDING PAYMENT OR TRANSFER ORDERS IN ADDITION TO NOTIFYING US OF YOUR DESIRE TO TERMINATE THE SERVICE. WE WILL NOT BE LIABLE FOR PAYMENTS OR TRANSFERS NOT CANCELLED OR PAYMENT OR TRANSFERS MADE DUE TO THE LACK OF PROPER NOTIFICATION BY YOU OF SERVICE TERMINATION.
We may amend this notice, or the applicable fees and charges, at any time. We will send notice to you at least 21 days prior to the effective date of the change, if required by law. However, if the change is made for security purposes, we can implement it without giving you prior notice. Your use of the Service after the effective date of the amendment constitutes your acceptance of such alterations or amendments.
Tolleson Digital Banking information and transactions are governed by the laws of the state that govern your account.
Your user identification information is confidential and for your personal use and should not be disclosed to any other person, including anyone purporting to be from Tolleson Private Bank. Subject to applicable law, you are responsible for the unauthorized use of the identification information. You shall establish and maintain reasonable procedures to protect the confidentiality of the identification information and to prevent unauthorized use. Except as limited by law, we have no duty to investigate the authority of any person (other than our employees and agents) who gains access to your accounts through Tolleson Digital Banking. Contact us immediately if you believe that someone has obtained your identification information or may have access to your accounts without your permission. We will not be responsible for any breach of privacy or financial loss caused by your failure to maintain the confidentiality of your identification information, except as limited by law or regulation.
TOLLESON DIGITAL BANKING SECURITY PROCEDURE
You will be issued one or more identification numbers or passwords or other levels of authentication to use to access your accounts by Tolleson Digital Banking. You will be responsible for any transfers initiated by anyone using one of those identification numbers, passwords, or other means of authentication, even if the transfers are initiated by someone not authorized by you. You are also responsible for informing us promptly of any changes in your list of users. We are authorized by you to honor any instructions for the transfer of funds by any one person using your identification number, password, or authenticating information despite any agreement with us requiring more than one signature on a check.
With respect to all claims of third parties, you agree to reimburse and indemnify us or hold us harmless from any loss, liability, claim, or controversy of any kind arising out of or in connection with, the performance by us of our duties and obligations under your agreement or this disclosure, as well as the costs and expenses (including, but not limited to, reasonable attorney’s fees) of defending against any claim or liability arising out of or relating to your agreement or this disclosure.
FDIC INSURANCE FOR BANK DEPOSIT ACCOUNTS
The basic insured amount of a depositor is $250,000. This insurance coverage is provided by the Federal Deposit Insurance Corporation (“FDIC”). Deposits in different institutions are insured separately. Deposits maintained in different categories of legal ownership in the same institution are separately insured. Accordingly, you can have more than $250,000 FDIC insurance coverage in a single institution if your funds are owned and deposited in different ownership categories. However, federal deposit insurance is not determined on a per-account basis. You cannot increase FDIC insurance by dividing funds owned in the same ownership category among different accounts.
TERMS AND CONDITIONS OF TOLLESON BILL PAYMENT
“Service” means the Bill Payment Service offered by Tolleson Private Bank, through Jack Henry & Associates.
“Agreement” means these Terms and Conditions of the bill payment service.
“Payee” is the person or entity to whom you wish a check payment or a pre-authorized ACH debit (“electronic payment”) payment to be directed.
“Payment Instruction” is the information provided by you to the Service in accordance with Service procedures for a check payment or an electronic payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and scheduled Payment Date).
“Payment Account” is the checking account from which check payments or electronic payments will be debited.
“Billing Account” is the checking account from which all Service fees will be automatically debited.
“Business Day” is every Monday through Friday, excluding Federal Reserve holidays.
“Payment Date is the day you want your payment sent to the Payee. For check payments, payments are mailed on the Payment Date. For electronic payments, payments are scheduled to be debited on the Payment Date. Payments entered before 12:00 Noon CST Monday – Friday will be processed by Tolleson Private Bank the same day. Payments received after 12:00 Noon CST on Monday – Friday will be processed the next business day. Payments scheduled to be sent on a holiday will be processed on the business day before that date. Payments scheduled to be sent on a weekend will be processed on the Friday before the weekend.
“Due Date” is the date reflected on your Payee statement on which the payment is due.
“Scheduled Payment” is a payment that has been scheduled through the Service but has not yet been processed.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be debited from your Payment account. Subject to the limitations and exceptions set forth in this Agreement, the Service will bear responsibility for its negligent failure to perform its obligations under this Agreement resulting in any late payment charges up to $50.00 should a payment post after its Due Date so long as the payment was scheduled in accordance with the guidelines set forth in this Agreement.
THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICE.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds are sent on the scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use all reasonable efforts to make all your payments properly. However, the Service shall incur no liability, and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you or sent to your account because of the existence of any one or more of the following circumstances:
if, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
your paper check payment arrives late because of slow mail delivery by the USPS or other cause;
the Payee mishandles or delays a payment sent by the Service;
the payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
you have not provided the Service with the correct Payment Account information, correct scheduled Payment Date or the correct name, address, phone number, or account information for the Payee;
circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances;
the Service is legally required to take action or forego action that is contrary to your Payment Instructions; and/or
the Service is exercising its rights under this Agreement.
Provided none of the foregoing exceptions are applicable and subject to the other terms herein, if the Service negligently fails to fulfill its obligations under this Agreement and such failure 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 Payee in a manner which does not comply with your Payment Instructions, the Service shall be responsible for seeking the return of the improperly transferred funds to your Payment Account, for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment charges due pursuant to the Service Guarantee; provided, that you notify the Service in a timely manner of the errors.
Information provided to the Service – You agree to provide true and accurate enrollment information to the Service, and to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. You agree to maintain security of and over your information, passwords, authenticating information and your Internet access equipment, service or software used to access the Service.
Activation limitations – You must be at least eighteen (18) years of age to enroll in the Service, or your parent must be enrolled in the Service. You must be a resident of the United States or its possessions and use the Service for individual purposes only, not on behalf of any business, corporation, proprietorship or other entity. You must be a legal owner of the Payment Account registered for the Service. We reserve the right to limit the number of memberships you have with the Service.
The Service shall have the right to terminate your membership, reject or reverse any transactions you initiate, and/or restrict or condition your right to send or receive money at any time and for any reason, including, but not limited to:
using the Service (directly or indirectly) for any unlawful purpose; and/or
tampering, hacking, modifying or otherwise attempting to corrupt the security or functionality of the Service.
Transaction limitations – There is no limitation on the amount of the funds the Service may process. However, transfers from a money market account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer are limited to six per monthly statement cycle with no more than three by check, debit card, or similar order to third parties. Additionally, the Service reserves the right to limit your use of this functionality by imposing limits, hold times, or other measures should we believe that suspicious activity has occurred or may occur.
Sending and receiving payments – When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf to the Payee’s account. Payments entered before 12:00 Noon CST Monday – Friday will be processed the same day. Payments received after 12:00 Noon CST on Monday – Friday will be processed the next business day. Payments scheduled to be sent on a holiday will be processed the business day before that date. Payments scheduled to be paid on a weekend will be processed on the Friday before the weekend. We recommend you allow three to four (3-4) business days for an electronic payment and three to seven (3 -7) business days for a check payment to be processed.
The Service reserves the right to hold funds beyond the standard distribution periods for any transactions it deems necessary. The Payee’s ability to access these funds is at the sole discretion of the Payee and is not controlled by the Service. You acknowledge that once money is delivered to the recipient, the transaction is non-reversible and non-refundable to you by us. Credits to and debits from your Payment Account are only processed on Business Days. If we learn that you had insufficient funds in the Payment Account from which you requested we send money, we may cancel the payment. If we learn this after the money has been delivered to the Payee, you will owe us and agree to repay promptly the amount of the shortfall. We may apply funds awaiting receipt by you against the amount you owe us. In addition, we may not permit Payees of your outstanding payment requests to receive the money, and we will not refund transaction fees in these situations. With respect to any transaction, the Service reserves the right to seek reimbursement from a recipient if we receive any type of charge-back related to any Payment Instructions. We may obtain such reimbursement by deducting the charge-back amount from the recipient’s account(s), reversing any credit(s) to the recipient’s Payment Account, or by seeking such reimbursement from recipient by any other lawful means.
Non-delivery of electronic payments – It is your sole responsibility to provide the correct information for a Payee to whom the Service generates a payment on your behalf. THE SERVICE IS NOT RESPONSIBLE FOR PAYMENTS MADE TO UNINTENDED RECIPIENTS DUE TO THE INPUT OF INCORRECT INFORMATION BY YOU, NOR SHALL THE SERVICE BE RESPONSIBLE FOR VERIFICATION OF THE IDENTITY OF RECIPIENTS.
Accuracy and dispute of electronic payments – We are not responsible for determining whether the amount of money being sent is correct for any underlying transaction or is actually owed to the Payee. Any dispute that may arise between you and the Payee relating to a payment made or received, or any other aspect of a transaction between you and the Payee, is not the responsibility of the Service. We make no guarantees regarding purchases paid for via the Service. You acknowledge that the Service does not ensure the quality, safety or legality of any merchandise received, nor that a seller will even ship merchandise. You agree to hold the Service harmless for any loss or expense you incur as a result of such purchases or disputes.
Cancellation of electronic payment(s) – Once initiated, payments may be cancelled until noon (12:00 p.m.) CST the day of the scheduled Payment Date. Once money is delivered to the Payee, the transaction is non-reversible and non-refundable to you by the Service.
The Service reserves the right to select the method by which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment or check.
PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing an electronic payment it cannot be cancelled or edited. However you may request a stop payment on payments made by check. Submit such requests to Tolleson Private Bank, Attn: Electronic Banking, 5550 Preston Road, Suite B, Dallas, Texas 75205, or call (214)-692-2919.
The Service will not make payments to Payees outside of the United States or its territories.
EXCEPTION PAYMENTS (TAX AND COURT ORDERED)
Tax payments, court ordered payments and other governmental payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research regarding and resolution of any misapplied, misposted or misdirected payments will be the sole responsibility of you and not of the Service.
EXCLUSIONS OF WARRANTIES
THE 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.
You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling (214) 692-2919 during business hours. For more information, please see our Security Statement.
SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. 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.
FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service 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 (if, for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some cases you will receive a return notice from the Service or from Tolleson Private Bank. In such cases, you agree that:
you will reimburse the Service immediately upon demand for any transaction amount that has been returned to the Service;
you will reimburse the Service for any fees imposed as a result of the return;
you will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
the Service is authorized to report the facts concerning the return to any credit reporting agency.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
For more information on your liability for unauthorized transfers, please refer to our Terms and Conditions disclosure provided to you upon opening your account(s).
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice of the change to you. Any use of the Service after the Service provides you a notice of change(s) will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and to cause access to be allowed only in accordance with the Service’s more recent revisions and updates.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, names, addresses, phone numbers and email addresses. Changes may be made by contacting Tolleson Private Bank. Any changes in your Payment Account should also be made within the application. All changes made are effective immediately for scheduled and future payments paid pursuant to updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may contact customer service via one of the following: Telephone us at (214)-692-2919 during business hours; and/or, contact us at:
Tolleson Private Bank
Attn: Electronic Banking
5550 Preston Road, Suite B
Dallas, Texas 75205
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. Scheduled Payments, including recurring payments, will not be processed after the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
ERRORS AND QUESTIONS
For more information on Errors and Questions, please refer to our Terms and Conditions disclosure provided to you upon opening your account(s).
DISCLOSURE OF INFORMATION TO THIRD PARTIES
The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee or to void the payment and credit your Payment Account. You may receive notification from the Service.
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Payee or Tolleson Private Bank (for example, to resolve payment posting problems or for verification).
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute pursuant to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service and that it supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service says and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party. The Service may assign this Agreement to any directly or indirectly affiliated company or to any future affiliate, direct or indirect. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar to or waiver of any rights or remedies on future occasions.
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.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws provisions.
I agree that my first use of Tolleson Digital Banking and the Bill Payment Service will signify my acceptance of all terms and conditions of this Digital Banking and Bill Payment Agreement.