NBC E-STATEMENT SUPPLEMENTAL AGREEMENT
The following provisions constitute an amendment to the Terms and Conditions (the "Terms") of NBC Bank (hereinafter referred to as "we", "our", "us", and "Bank") concerning electronic delivery of statements and notices concerning accounts, including time deposits, maintained by any individual, corporation, partnership, association, or other legal entity (herein referred to as "you", "yours", and "Depositor"). To the extent there is any conflict between any statement made in this eStatement Supplemental Agreement (the "Agreement") and the Terms, this Agreement shall control.
1. ELECTION AND AUTHORIZATION FOR ELECTRONIC DELIVERY
You have the right to receive in paper form statements and all disclosures related to your accounts. By signing the eStatement Enrollment Form, you affirmatively request and agree to permit the Bank to deliver statements and to make disclosures and provide notices to you in electronic form, in lieu of providing such statements, notices and disclosures in written form. Your consent and agreement shall relate to all forms of statements, disclosures and notices which we are required to give under applicable law or as a result of the various agreements between you and the Bank and shall remain valid until such time as you exercise your right to revoke this consent. You elect and authorize us, at our discretion from time to time, to electronically deliver your account statement(s), disclosures and notices that we are required to provide you under applicable Federal and State statutes and their implementing Conditions, as amended from time to time, including but not limited to:
Truth in Savings Act
Fair Credit Reporting Act
Electronic Funds Transfer Act
Oklahoma Banking Act
Privacy of Consumer Financial Information
Other Federal and State statutes may be enacted or amended in the future to provide for electronic delivery of account statements and notices. Your signature on the eStatement Enrollment Form also authorizes us, at our discretion, to provide electronic delivery of such statements and notices pursuant to these statues after they become effective. If there is more than one Depositor that is a party to the account, notice to any one Depositor will be effective for all. Refer to Paragraph 3 for a description of the technical requirements for access to and retention of electronic disclosures and/or notices.
2. SECURITY MEASURES
We will use commercially reasonable measures, consistent with industry standards, to maintain a reasonable level of security over the information contained in the electronically delivered account statement(s) and notices. Upon your election of the E-Statement service, the Bank will confirm your e-mail address and your ability to access the information by sending you a test e-mail and requiring you to reply to us within 15 calendar days prior to initiating the service.
YOU UNDERSTAND THAT THESE INDUSTRY STANDARDS ARE DYNAMIC AND CONSTANTLY DEVELOPING. BY SIGNING THE E-STATEMENT ENROLLMENT FORM, YOU ACKNOWLEDGE AND UNDERSTAND THAT THERE ARE RISKS TO ELECTRONIC DELIVERY OF ACCOUNT STATEMENT(S) AND NOTICES, INCLUDING, BUT NOT LIMITED TO, DELAY OR FAILURE OF DELIVERY DUE TO TECHNICAL DIFFICULTIES, WEATHER CONDITIONS (INCLUDING BUT NOT LIMITED TO SUN SPOTS), MATTERS BEYOND OUR REASONABLE CONTROL OR INTERCEPTION AND/OR ALTERATION OF SUCH ACCOUNT STATEMENT(S) AND NOTICES BY THIRD PARTIES IN SPITE OF THE BANK'S COMMERCIALLY REASONABLE SECURITY MEASURES AND FIND THAT OUR SECURITY MEASURES ARE COMMERCIALY REASONABLE. IN REACHING THIS CONCLUSION, YOU HAVE CONSIDERED THE HISTORICAL AND POTENTIAL FUTURE CONTENT OF YOUR ACCOUNT STATEMENT(S), THE RISKS ASSOCIATED WITH ELECTRONIC DELIVERY OF ACCOUNT STATEMENT(S) AND OUR SECURITY PROCEDURES, IF YOU CONCLUDE THAT OUR SECURITY PROCEDURES CEASE TO BE COMMERCIALLY REASONABLE IN THE FUTURE, YOU MUST TERMINATE THIS AGREEMENT IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH 11 BELOW.
3. TECHNICAL REQUIREMENTS
In order to receive eStatements, you must have a personal computer with *Adobe Acrobat Reader 5.0 or greater, and a valid e-mail account with the following capabilities.
- The ability to receive messages through the Internet
- The ability to receive file attachments with a .pdf extension
- The ability to receive file attachments up to 6 megabytes in size
*Adobe Acrobat Reader is available for down load free of charge at www.adobe.com/products/acrobat
If you choose to retain your statement in electronic format, the computer that you use to save and access the statement at a later date must have the capacity to write file sizes of up to 6 megabytes per statement to a hard disk, CD, DVD or other high capacity media.
If you choose to retain a printed copy of your statement, the computer that you use to open your estatement file must have an installed printer capable of printing files with images.
4. E-MAIL ADDRESS
We will send your periodic account statement(s) to you via e-mail to the last known e-mail address provided by you. You agree to notify us promptly in person at your nearest NBC location of any change to your e-mail address(es). For your protection and for security purposes, we will not accept any change of e-mail address via telephone. If you have not notified us in writing of any change to your e-mail address, you agree that your failure to provide us with a good e-mail address is the lack of ordinary care on your part. If we become aware that you are not receiving your eStatement(s) and notices, we will send your eStatement(s) and notices to you via U.S. Mail to your last address known to us. If you have a joint account as defined in the Terms, your e-mail address may be changed using the procedure described above by any authorized party to your account.
THE BANK SHALL HAVE NO OBLIGATION OR LIABILITY TO ANY OF THE PARTIES OF A JOINT ACCOUNT IF THE E-MAIL ADDRESS IS CHANGED USING THE PROCEDURES SET FORTH ABOVE.
5. PROMPT REVIEW OF E-Statement
Your eStatement will be dated the day the eStatement is sent to you by e-mail (the "E-mail Date"). You must promptly review your eStatement and any accompanying items and notify us in writing (within the applicable time periods specified in the Terms) of any error, unauthorized signature, lack of signature, alteration or other irregularity. If you allow someone else to review your statements, you must still review the statement for any errors, unauthorized signatures, lack of signatures, alterations, or other irregularities because you will be responsible for the wrongful acts of your employees and agents. Any applicable time periods within which you must notify us of any errors on your account statement(s) shall begin on the E-mail Date regardless of when you receive and/or open the eStatement.
6. AVAILABILTY OF PAPER RECORDS
You have the right to withdraw your consent to receive statements, disclosures, and notices electronically prior to the time they have been sent and you may have any statements, disclosures, and notices which we sent to you in electronic form later sent to you in written form. If at a later date, you wish to obtain paper copies of your past statements, disclosures, or notices, you should:
- Call (405)748-9188 or,
- Write to us at NBC Customer Service, P.O. Box 21000, Oklahoma City, OK 73156 or,
- User our secure contact form.
A $5 charge per paper statement copy may be imposed.
7. CHANGING YOUR PASSWORD
If you would like to change your password, you must notify us in person at your nearest NBC location. For your protection and for security purposes, we will not accept any change of password notice requests by telephone. The procedure for changing your current password is to simply set forth in a letter your new password. If you have a joint account as defined in the Terms, your password may be changed using the procedure described above by any authorized party to your account. THE BANK SHALL HAVE NO OBLIGATION OR LIABILITY TO ANY OF THE PARTIES OF A JOINT ACCOUNT IF THE PASSWORD IS CHANGED USING THE PROCEDURES SET FORTH ABOVE.
You agree that the Bank has no control as to the persons who have access to your email account and your password once it is in your possession. The Bank will not be liable for any unauthorized access to your eStatement using your password. You agree that it is your responsibility to initiate and maintain adequate procedures to prevent any unauthorized access to your email account or unauthorized use of your eStatement.
8. DISCLAIMER OF WARRANTY
WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE PROGRAM USED TO ACCESS THE E-STATEMENT SERVICES, AND WE DO NOT WARRANT THAT THE SOFTWARE PROGRAM OR THAT THE STATEMENT SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE USE AND ADEQUACY OF THE SOFTWARE PROGRAM OR THE E-STATEMENT SERVICES WE PROVIDE UNDER THIS AGREEMENT. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. NOTICE OF UNAUTHORIZED ACCESS
If you believe your eStatement is lost or that someone has obtained access to your E-Statement without your permission, call us at (405)748-9188 or write us at NBC, Customer Service, P.O. Box 21000 Oklahoma City, OK 73156
10. LIABILITY; INDEMNIFICATION
NOT WITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WE SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE E-STATEMENT SERVICES AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
WE SHALL BE LIABLE ONLY FOR MATERIAL LOSSES WHICH ARE THE DIRECT RESULT OF OUR OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT IN PERFORMING THESE E-STATEMENT SERVICES. WE SHALL HAVE NO LIABILITY FOR FAILURE TO PERFORM ANY E-STATEMENT SERVICES OR FOR ANY DISRUPTION OR DELAY IN PERFORMING E-STATEMENT SERVICES IN THE EVENT SUCH FAILURE, DISRUPTION OR DELAY IS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OR DISRUPTION OF ELECTRIC POWER, COMPUTER EQUIPMENT, TELECOMMUNICATIONS SYSTEMS, YOUR INTERNET SERVICE PROVIDER, OR WEATHER CONDITIONS. WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR INDIRECT LOSS UNDER ANY CIRCUMSTANCES. EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS, DEMANDS, JUDGMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THE E-STATEMENT SERVICE. YOU AGREE THAT THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
11. TERMINATION/AMENDMENT
To revoke this consent or to request a paper copy of any electronic disclosure or notice provided pursuant to this consent, you must either call the Bank at 405-748-9100 or write the Bank at NBC Customer Service, P.O. Box 21000 Oklahoma City, OK 73156. We also have the right to terminate this Agreement immediately, with or without cause, or if you fail to comply with the terms of this Agreement or any other agreement which you may have with us or any applicable rule or regulation which may govern your account(s), including the Terms. If we terminate this Agreement for any of these reasons, such termination shall be effective on the effective date specified in a written notice mailed to you, and not on the date when the notice is mailed or received. We may amend this Agreement from time to time in our discretion by giving you reasonable notice of the amendment in writing or electronically pursuant to this Agreement. Other amendments must be executed in writing by an authorized representative of the Bank and attached to our copy of the Agreement as well as noted in our account records.
12. GOVERNING LAW/JURISDICTION/SEVERABILITY
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oklahoma and any applicable Federal laws and the Conditions. You irrevocably submit to the jurisdiction of any Federal or State court sitting in the State of Oklahoma for any action relating to this Agreement or the services provided under it. A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement.
