(To Receive Electronic Communications, Use Electronic Signatures, and Conduct Business Electronically,)
Please read this Federal E-SIGN Disclosure carefully and keep a copy for your records.
Definitions—In this E-SIGN Disclosure, the following meanings apply:
- “We”, “us”, “our”, and “Bank” refer to Texas Gulf Bank, N.A. and any current and future affiliates of Texas Gulf Bank, N.A.
- “You” and “your” refer to the person giving this consent, and each additional account owner, authorized signer, authorized representative, product owner and/or service user identified on any Bank product that you apply for, use, or access. (Note: If you have been presented this disclosure as other than a Bank customer or applicant to be a Bank customer (e.g., vendor or employee), “you” and “your” refer to the person and/or party giving this consent.)
- “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.
- “Communications” means any customer agreements or amendments thereto, disclosures, terms and conditions notices, periodic statements, change-in-terms notices, policies, documents, records, responses to claims/inquiries, fee schedules, rate sheets, and all other notices or information related to a Texas Gulf Bank, N.A. product, service, or account–including, but not limited to, information that we are required by law to provide to you in writing or that you sign, submit, or agree to at our request. (Note: If you are consenting as other thana Bank customer or applicant to be a Bank customer (e.g., vendor or employee), “Communications” means those disclosures and records related to the particular transaction that gives rise to the obligation or necessity to provide the record or disclosure).
- “In writing” refers to either paper or electronic format (concerning Communications from us to you).
- “Bank product” and “product” mean any account, product, or service we offer that you apply for, own, use, administer or access, either now or in the future.
- “Electronic” and “electronically” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
- “Electronic Services” means any product or service (including, but not limited to, TGB Online and TGB Mobile Banking) we offer that you apply for, enroll in, use, administer, or access using the Internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future.
CONSENT AND DISCLOSURES FOLLOWS:
Effect of Consent:
- After you consent, this disclosure shall constitute your written consent to electronically receive records, disclosures, agreements, terms and conditions notices, change-in-terms notices, policies, periodic statements and such other Communications we may include from time to time as part of the enrollment in the E-Statements program (“E-Statements”), and all other Communications relative to the accounts you are applying to open with us and/or to Electronic Services we offer that you apply for, enroll in, use, administer, or access, either now or in the future. The disclosure also describes your rights relative to electronically receiving these Communications. We recommend that you retain a copy of this disclosure and all the agreements and disclosures related to this account or transaction. (Note: If you are consenting as other than a Bank customer or applicant to be a Bank customer, your consent applies only to the particular transaction that gives rise to the obligation to provide the record or disclosure.)
- After you consent, this disclosure shall also constitute your written consent that we may use electronic signatures and obtain them from you as part of our transaction with you. Electronic records and electronic signatures carry the same weight and legal effect as traditional paper documents and handwritten signatures. By affixing your electronic signature on a document or other Communication, or by clicking an electronic button or marking a checkbox for “I Confirm”, “I Consent”, “I Accept”, “I Agree”, “I Acknowledge”, or similar assertions—you agree that each constitutes your electronic signature and signifies your intent to sign and your intent to be bound by the terms and conditions of the agreement, contract, and disclosures.
- By your consent, you acknowledge and agree that your consent to receive electronic Communications and to use electronic signatures and electronic records is being provided in connection with any and all transactions that are subject to the Federal Electronic Signatures in Global and National Commerce Act/E-SIGN Act (consumer transactions only) and/or Texas Uniform Electronic Transactions Act/UETA (consumer or business transactions) and any future laws that govern electronic commerce -and that you and we bothintend that the Acts apply to the fullest extent possibleto validate our ability to conduct business with you by electronic means.
- After you consent (if consenting as a Bank customer or applicant to be a Bank customer), you will be able to apply to open accounts and/or to apply for or enroll in Electronic Services. If you do not consent, you will not be able to apply online nor apply for or enroll in Electronic Services. However, regardless of whether or not you consent, you will still be entitled to apply to open accounts through other methods we permit, such as in person. If you do not want to receive Communications electronically, and you are reviewing this E-SIGN Disclosure on the Online Account Application Center or one of the Online Banking areas, you should exit the Online Account Application Center or Online Banking area of our website; if applying to open an account in person, you may choose the paper option for signing and for receiving records and other Communications. (Note: Like for Bank customers or applicants to be a Bank customer, if you have been presented this Disclosure as other than a Bank customer or applicant to be a Bank customer (e.g., vendor or employee) and do not want to receive communications electronically or to sign electronically, you may click Decline and choose the paper option.)
- There are certain Communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you in paper format. However, if the law changes in the future and permits any of those Communications to be delivered electronically, this consent will automatically cover those Communications as well.
Scope of Consent/Types of Communications to Be Electronically Provided: You understand, prior to consenting, that
- Your consent applies to any and all Communications regarding accounts you apply for and open and/or Electronic Services we offer that you apply for, enroll in, use, administer, or access, either now or in the future; it applies to account opening disclosures and subsequent disclosures and notices for the life of the accounts. Note that your consent to receive electronic Communications does not automatically enroll you in E-Statements. Although periodic statements are included in the scope of consent, enrolling in E-Statements (electronic periodic statements) is a separate process that requires you to first enroll in TGB Online Banking, then complete steps under the E-Statements tab. (Note: If you are consenting as other than a Bank customer or applicant to be a Bank customer, your consent applies only to the particular transaction that gives rise to the obligation to provide the record or disclosure.)
- We reserve the right to provide any disclosures, notices, or other Communications in paper format, rather than electronically. Except as otherwise provided in this or other agreements, by law, or on our website, you cannot give us notices electronically and all notices from you must be provided in paper format.
Method of Providing Communications to You in Electronic Form: You understand, prior to consenting, that
All Communications that we provide to you in electronic form will be provided either (1) via secure email, (2) by access to a web site that we will designate in an email notice we send to you at the time the information is available, or 3) by requesting you download a HTML or PDF file containing the Communication.
Requesting Paper Copies of Disclosures and other Communications: You understand, prior to consenting, that
Even after consent, if you want to receive a paper copy of the disclosures/Communications in addition to the electronic version, you can obtain them free of charge by calling or writing us at the number or address listed below.
Updating Us on Changes to Your Email Address: You understand, prior to consenting, that
By consenting to conduct transactions and receive disclosures, notices, and other Communications electronically, you agree to provide us with the information (current email address) needed to communicate with you electronically and to update us promptly as to any changes in such information by calling or writing us at the number or address listed below or (as applicable) by logging into TGB Online Banking, accessing Options page and entering your new email address.
Withdrawing Your Consent to Receive Electronic Communications: You understand, prior to consenting, that:
- You can withdraw your consent to receive future electronic Communications by calling or writing us at the number or address listed below; however, for periodic statements, if you enroll in E-Statements and later wish to cancel, you must log-in to TGB Online Banking, go to E-Statement Sign Up/Changes tab, and uncheck the box(es) in order to revert to paper periodic statements. Note that canceling/withdrawing your consent for E-Statements does not mean that you have withdrawn your consent to receive any other types of electronic Communications.
- You can withdraw your consent to receive electronic Communications at any time, free of charge.
- If you withdraw your consent (other than withdrawing your consent for E-Statements): 1) any authorization you have to utilize or access our Electronic Services may be terminated and 2) any accounts you opened onlinemay be closed by us. Please refer to the Fee Schedule for any fees associated with closing your account(s). In addition, for certain account types closed before interest is credited, you will not receive the accrued interest.
- Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process it. “Reasonable” generally means within 30 calendar days.
Hardware and Software Requirements: You understand, prior to consenting, that to receive electronic records (access, view, and retain documents, disclosures, notices, and other Communications electronically), you must have access to the following—
- a Current Version of an Internet browser we support,
- a connection to the Internet,
- an active email address,
- a Current Version of a program that reads and displays PDF files (such as Adobe® Acrobat® Reader®),
Note: Adobe®, Acrobat®, and Reader® are registered trademarks of Adobe, Inc. in the United States and/or other countries.
- a computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form, and
By “Current Version,” we mean that we support a version of the software that is currently being supported by its publisher. We reserve the right to discontinue support of a Current Version of software for any reason, including, but not limited to, it suffers from a security flaw or other flaw that makes it unsuitable for use with Texas Gulf Bank products. (Click link for Current Version-Technical Requirements)
Your consent (by clicking Accept) means that:
* You confirm that you have the necessary hardware and software to access, view, and retain records, documents, disclosures, notices, and other Communications electronically and that you have an active email account.
* You consent to receiving records, documents, disclosures, notices, and other Communications electronically and to using electronic signatures and electronic records. By consenting, you are also confirming that you are authorized to, and do, consent on behalf of yourself and all other account owners, authorized signers, authorized representatives, product owners and/or service users identified on your Texas Gulf Bank, N.A. products. (Note: If you are consenting as other than a Bank customer or applicant to be a Bank customer, the preceding sentence beginning with “By consenting” is hereby replaced with, “By consenting, you are also confirming that you are authorized to, and do, consent on behalf of yourself or as an authorized representative of the contracting party.”)
How to contact Texas Gulf Bank, N.A.
You may contact us to let us know of changes as to how we may contact you electronically; to request paper copies of certain information from us; or to withdraw your prior consent to receive notices and disclosures electronically as follows:
- By secure message* when logged into your account from the TGB Online Banking Portal
- By telephone toll-free at (800) 467-7216
- In writing, by postal mail at 1717 N. Velasco, Angleton, TX 77515
*Any secure message you send to us will not be effective until we receive it and have a reasonable opportunity to act on it. We therefore, strongly encourage you to report all matters requiring immediate attention (for example, reports of alleged unauthorized payments, errors or fraud) to us by calling the above listed phone number. We recommend that you do not use e-mail to communicate confidential information since it may not be secure.