Texas Gulf Bank, N.A. Online Banking Agreement and Disclosure of Terms and Conditions; Consumer Mobile Deposit Capture Agreement E-SIGN Disclosure; Customer Terms of Service for Partnership with Digital Onboarding, Inc.

This Online Banking Agreement and Disclosure (“Online Banking Agreement”) explains the terms and conditions that govern your use of the Online Banking and Bill Pay services. By accessing your accounts through Texas Gulf Bank, N.A., using services described below or future services offered by the Texas Gulf Bank, N.A. Internet Site, you agree to be bound by the terms and conditions of this Online Banking Agreement. If you have any questions or do not understand this Online Banking Agreement, please contact us prior to your use of the service.
The terms and conditions of the deposit agreement, signature card and disclosures for each of your Bank Accounts, agreements and disclosures governing your Loan Accounts as well as your other agreements with Texas Gulf Bank, N.A., continue to apply notwithstanding anything to the contrary in this Online Banking Agreement. In addition to this Online Banking Agreement, if you use certain features, products, or services available through the Online Banking Services, such as Cash Management products, you will be subject to, and/or required to agree to, separate user agreements, customer agreements or similar agreements governing or relating to such features, products, or services. All such guidelines, rules, disclosures, disclaimers, user agreements or similar agreements, and other terms and conditions are hereby incorporated by reference into this Agreement.
If the terms and conditions of this Agreement conflict with the terms and conditions contained in any additional agreement solely as they apply to online banking and online bill payment services, this Agreement controls; provided, that the terms and conditions of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by Texas Gulf Bank, N.A. in an additional agreement.
Definitions
As used in this Online Banking Agreement, the words “we”, “our”, “us”, and “Bank” mean Texas Gulf Bank, N.A. “You”, and “Your” refer to the account holder authorized by Texas Gulf Bank, N.A. to use Texas Gulf Bank, N.A.’s Internet Banking System under this Online Banking Agreement and anyone else authorized by that account holder to exercise control over the account holder’s funds through Texas Gulf Bank, N.A.’s Internet Banking System. “Account” or “accounts” means your accounts at Texas Gulf Bank, N.A. “Electronic fund transfers” mean ATM withdrawals, pre-authorized transactions, point of sale transactions and transfers to and from your accounts at Texas Gulf Bank, N.A. using Texas Gulf Bank, N.A.’s Internet Banking System. “Business days” mean Monday through Friday, excluding Saturday, Sundays and Texas Gulf Bank, N.A. holidays.
Security Procedures
You acknowledge and agree that you have approved and will abide by the security procedures set forth in this Online Banking Agreement and any other security procedures established by Texas Gulf Bank, N.A. that have been and/or will be presented to you in the future. You also acknowledge and agree that these procedures are reasonable and adequate for the purpose intended. It is your responsibility to protect your computer from all computer threats, such as viruses.
For security purposes, you determine what password you will use; the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to your password, your access to the Online Banking System will be revoked. To re-establish your authorization to use the Online Banking System, you must contact us to have your password reset or obtain a new temporary password. We require that you create a password that utilizes both alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, and date of birth or names of children and should be memorized, not written down.
You understand the importance of your role in preventing misuse of your accounts through the Online Banking System, and you agree to promptly examine the statement for each of your Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information such as your driver’s license number and social security number. You understand that personal identification information by itself or together with information related to your account may allow unauthorized access to your account. Your password and Login ID are intended to protect against unauthorized entry and access to your accounts. Data transferred via Online Banking is encrypted in an effort to provide transmission security and Online Banking utilizes identification technology to verify that the sender and receiver of the Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the Online Banking system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including email, occur openly on the internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Internet Banking System, or emails transmitted to and from us, will not be monitored or read by others.
Authorized Access
To use Online Banking, you must have at least one account established at Texas Gulf Bank, N.A. and access to Internet Service with a browser that supports 128-bit encryption. You must complete the Online Enrollment application and agree to the terms and conditions set forth in the Online Banking Agreement. If your enrollment is approved, you must confirm your identity through a link in a confirmation email and once verified will receive your Online Banking ID. You will use the last four digits of your Social Security Number as your password. You will be required to change the temporary password the first time you login to Online Banking. Texas Gulf Bank, N.A. reserves the right to decline any applicant who does not meet our internet banking requirements. Business customers must complete an Online Banking Access Agreement, and depending on the services they request, may have to sign additional agreements. Access to accounts will be based upon the identification of users and authority levels specified by you in the enrollment form. Please contact a bank representative for information about this process.
Online Banking can be used to access only the Bank accounts that you have authorization to access. We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the account holder. Subject to the terms of this Online Banking Agreement, you should be able to access your accounts through our Website (referring to www.texasgulfbank.com) 24 hours a day, 7 days a week. At certain times this service may not be available due to system maintenance or uncontrollable circumstances. Texas Gulf Bank, N.A. will still have services available: 24 hour Voice Response, ATM, by phone and during normal business hours at our banking facilities, assuming no major disaster has occurred.
Out-of-Band Two-Factor Authentication

Out-of-Band Two-Factor Authentication is a security feature used to enhance the protection of your online banking account. The feature requires you as the user to confirm a one-time passcode (received via SMS text message or phone call) or an authentication code (generated by an authenticator app) during certain triggering events within your online banking session. These instances may include, but are not limited to, logging in from a new device, logging in from a different geo-location, initiating a new or large bill payment, etc. Texas Gulf Bank will determine which events necessitate the use of Two-Factor Authentication in accordance with your Online Banking Agreement.

Out-of-Band Two-Factor Authentication Terms of Use

Triggering Events for Two-Factor Authentication: Two-Factor Authentication will be prompted in response to specific events or actions, such as logging in from a new device, logging in from a new geo-location, sending a new or large bill payment, or any other event that Texas Gulf Bank deems as a potential security risk.
Consent to Receive Communications: By using the Out-of-Band Two-Factor Authentication service, you consent to receive communications, including SMS messages, phone calls, and notifications through the authenticator app, related to the authentication process.
Authentication Methods: Out-of-Band Two-Factor Authentication includes three choices for method of delivery: SMS text messages, phone calls, or an authenticator app. Users may choose their preferred method unless otherwise specified or restricted by Texas Gulf Bank.
Suspension or Termination of the Service: Texas Gulf Bank reserves the right to suspend or terminate your access to the Out-of-Band Two-Factor Authentication service if (a) you fail to comply with the terms of use or breach the End-User License Agreement (“EULA”) For Customer’s Use of the Banno Unified Identity, or (b) for any other reason deemed necessary by the Bank to maintain the security and integrity of its systems. Further, your rights to use the Out-of-Band Two-Factor Authentication service will terminate automatically if you fail to comply with any of the EULA terms, covenants and conditions.
Disclaimer of Warranties and Limitation of Liability: The service is provided on an AS IS, AS AVAILABLE basis, without any warranties of any kind, either express or implied, including but not limited to, warranties of merchantability or fitness for a particular purpose. Texas Gulf Bank and its licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of, or inability to use, the service, even if advised of the possibility of such damages.
Changes to the Terms: Texas Gulf Bank reserves the right to modify the terms of use for the Out-of-Band Two-Factor Authentication service at any time. Users will be notified of any changes via email or any other communication method deemed appropriate by the bank. Continued use of the service after any changes to the terms constitutes acceptance of those changes.
Governing Law and Jurisdiction: This Online Banking Agreement shall be governed by and construed in accordance with the laws of the State of Texas in which Texas Gulf Bank operates. Any disputes arising from or related to the use of the Out-of-Band Two-Factor Authentication service shall be subject to the exclusive jurisdiction of the state and federal courts located within that state.
Charges: Your wireless carrier’s standard phone call and messaging rates apply to SMS or phone call communications. Texas Gulf Bank does not charge for any content; however, additional charges from your wireless carrier may apply for downloadable content. Please contact your wireless carrier for information about your phone plan. Your carrier may impose message or phone call limitations on your account that are beyond our control. All charges are billed by and payable to your wireless carrier.
Explicit Consent Required: We will send you a message only once and only with your explicit consent, as indicated by your progression through the process flow.
Data Obtained: Data obtained from you in connection with this service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages, as well as any other information you may provide. We may use this information to contact you, provide the services you request, and to operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service for transmitting your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. By completing forms online or providing us information in connection with the service, you agree to supply accurate, complete, and true information.
Time-sensitive nature of passcodes and authentication codes: The one-time passcodes and authentication codes generated for Two-Factor Authentication are time-sensitive. Users must enter them within the specified time frame as indicated in the communication or app. Failure to do so will result in the code’s expiration, requiring the user to generate or request a new code.
Liability for unauthorized transactions: Users are responsible for promptly reporting any unauthorized transactions or suspicious account activity to Texas Gulf Bank. In case of unauthorized transactions resulting from compromised passcodes or authentication codes, the user takes full responsibility and liability to protect online banking credentials, passcodes, and authentication codes and assumes liability for unauthorized transactions in connection therewith to the full extent authorized by applicable law.
Safeguarding devices: Users must take necessary precautions to safeguard their devices (e.g., smartphones) and the authenticator app to ensure the security of their online banking account. This includes avoiding sharing devices with others, keeping devices locked when not in use, and refraining from installing untrusted apps that may compromise the device’s security.
Lost or stolen devices: In the event a user’s device, used for receiving passcodes or generating authentication codes, is lost or stolen, the user must immediately inform Texas Gulf Bank to prevent unauthorized access to their online banking account. The bank will provide guidance on the appropriate steps to secure the user’s account and re-establish secure Two-Factor Authentication.
Service Availability: The availability of Out-of-Band Two-Factor Authentication service may be subject to interruptions due to network issues, carrier problems, or technical maintenance. Texas Gulf Bank is not responsible for any inconvenience, delay, or potential risks associated with such service interruptions. Users should ensure they have alternative methods of account access and secure transactions in case of service unavailability.
EULA Incorporate by reference: The EULA agreement is incorporated herein by reference the same as if fully copied herein. To the extent the terms, covenants and conditions of this Online Bank Agreement differ from the EULA, the EULA shall control.
If you have any questions or encounter an issue with the Out-of-Band Two-Factor Authentication, please contact our Customer Service team by telephone toll-free at (800) 467-7216 or email info@texasgulfbank.com for assistance. We do not charge for help or informational messages; however, your normal carrier rates apply.
Governing Law
This Online Banking Agreement will be governed by and interpreted in accordance with Federal law and regulations, and by the laws of the State of Texas.
Fees
There are no fees for accessing your account(s) or paying bills through our online services. However, fees, as described in the applicable product or Account Disclosure and Fee Schedule, may apply to services ordered online. Please note that fees may be assessed by your Internet Service provider.
Available Online Banking Services
*Transfers of Funds between Texas Gulf Bank Accounts
You may schedule one time or recurring transfer of funds between Texas Gulf Bank accounts. One-time transfer requests may be immediate or scheduled for a future date. The recurring transfers may be scheduled as weekly, bi-weekly, semi-monthly, or monthly intervals. When you instruct the bank to transfer funds to or from your Texas Gulf Bank accounts through Online Banking, you are authorizing the bank to withdraw the necessary funds from the account you designate. Transfers initiated through Online Banking before 8:00 p.m. Central Standard Time on a business day are posted to your account the same day. Transfers completed after 8:00 p.m. Central Standard Time on a business day or completed on Saturday, Sunday or a banking holiday will be posted on the next business day.
Transfers can be edited or deleted while in a “pending” status.

*Bank-to-Bank Transfers (Available to consumers only)
Within Online Banking you may separately enroll for the Bank-to-Bank Transfer service. This service allows you to transfer funds between your linked personal deposit accounts at Texas Gulf Bank, N.A. and certain deposit accounts (checking, savings, or money market accounts) at other financial institutions. You must accept and agree to the Terms and Conditions of the Service. An Inbound transfer moves funds into an account at Texas Gulf Bank, N.A. from an account outside Texas Gulf Bank, N.A. An Outbound transfer moves funds from an account at Texas Gulf Bank, N.A. to an account outside Texas Gulf Bank, N.A. You will need to register each of your non-Texas Gulf Bank, N.A. accounts that you wish to use for these transfers. You agree that you will only attempt to enroll accounts for which you have the authority to transfer funds. All accounts requested to be used as part of this Service will be verified in accordance with Texas Gulf Bank’s procedures. The verification process must be completed by you prior to using the Service. You will have 10 days after enrolling an account to complete the verification process. Verification instructions are displayed to you during the enrollment process.
–Incoming Bank-to-Bank transfers are only allowed for micro-deposit verification of your external account and are limited to $1.00
–Outgoing Bank-to-Bank transfers are limited to 3 per business day for a total outgoing of $1,000.00.
*Bill Payment Services
You may make payments through Online Banking to Companies and/or Individuals. By using this Service, you authorize us to follow the payment instructions you have provided, charge your designated account, and process the payments electronically or by check. The designated account may be a checking account or Money Market account. Savings accounts are not allowed to make online payments to 3rd parties per bank policy.
Bill Payments can be arranged as a single payment or recurring payments. Recurring payments can be automatically initiated in a fixed amount weekly, bi-weekly, semi-monthly, monthly, quarterly, semi-annually, or annually. If the payment date falls on a day other than a business day in any month, your payment will be initiated on the next following business day.
Funds will be debited from your designated account on the “payment” date you enter for Electronically processed payments. If a payee is to be paid electronically, you understand and agree that the payee may not receive the payment until 4 business days after the payment date. We recommend that you schedule electronic payments at least 2-3 business days before the due date.
Funds will be debited from your designated account the day the check is presented for payment for those bill payments made with paper checks. If a payee is to be paid by check, you understand and agree that the paper check is mailed to the payee and may not be received by the payee until 10 business days after the “payment” date. We recommend that you schedule check payments at least 5 to 7 business days before the due date. If you do not allow sufficient time, you will assume full responsibility for all late fees or finance charges.
We will not be liable if there are insufficient funds or insufficient credit availability (if applicable) in your designated account; if a legal order directs us to prohibit withdrawals from the designated account; if the designated account is closed or frozen; or if any part of the electronic funds transfer system or Bill Payment Services system is not working properly.
You are responsible for ensuring that you provide us with a correct Payee address. In addition to your payee names and address, you must provide the Payee account number for each Company Payee (name, address and account number together are “payee Information”) to ensure your payments are properly credited to the Payee. (Please note that the Company Payee may require that payments be sent to a specific address; this mailing address may be different than the addresses that appear on your invoice or billing statement. You may need to contact the Company payee to obtain their payment mailing address.)
The mailing address of any Payee must be in the United States.
You understand and agree that the following payments may be scheduled through the Bill Payment Service but that such payments are discouraged and must be scheduled at your own risk: Federal, State or Municipal tax payments and Court ordered payments.
A Bill Payment is considered a “pending payment” from the time payment instructions are received by us to the scheduled “payment date”. You may view, edit or cancel scheduled payments from your online access. If you need to edit or cancel any scheduled payment, you must do so no later than one (1) business day before the scheduled “payment date”. We will not charge for cancelling or editing a Scheduled Payment. You understand and agree that once we have begun processing the payment, it cannot be cancelled or edited.
Bill Pay Limits (consumer accounts only):
Pay a Person payment limits for Individual Payees by:
–Email or text message (Electronic) is $2,500 per transaction and per processing day
–Direct Deposit (Electronic) is $1,000 per transaction and $2,000 per processing day
–Check is $99,999.99 per transaction and per processing day
Pay a Company payment limits by:
–Electronic or Check is $99,999.99 per transaction and per processing day
You may place a “stop payment” on a paper check bill payment only. You can place a stop payment order using the Online Banking Stop Payment services or by completing a Stop Payment form at one of our branch locations. You will be subject to a Stop Payment fee as disclosed in the Account Agreement and Fee Schedule, as amended from time-to-time and as posted on our website.
*Alerts
Online Banking Service provides you the ability to set up event, balance, item and personal Alerts. A message will be displayed upon your login if an alert has been sent.
*Transaction Download
You may access and download information from your accounts using personal banking software. You are responsible for obtaining and maintaining such personal banking software, and the Bank will not be liable for incorrect information or misapplication of information resulting from the downloading process or the use of such personal banking software.
*Stop Payments
The stop payment service allows you to place a stop payment order on checks you have written. You may view stop payments orders through the Online Banking Service. You can edit or remove a stop payment by visiting any Texas Gulf Bank location in-person or by sending us a secure message when logged into your account from the TGB Online Banking Portal.
It is your responsibility to determine the status of the check prior to placing a stop payment. If the check for which the stop is being placed has already cleared and you reissue the check, the Bank will not be liable for paying either or both of the checks.
The Bank will not be liable for failure to honor a stop payment order on any check if that check was presented before the stop payment order was received by the Bank or before we had a reasonable opportunity to implement the order. Stop payment fees will be automatically deducted from your account in accordance with the terms of your Account Agreement and Fee Schedule as amended from time-to-time and as posted on our Website; stop payment fees are applicable to each stop payment and any renewals thereof. Stop payment orders are effective for six (6) months. Note: for consumer accounts, also see pg. 7 Preauthorized Payments – Right to Stop Payment and Procedure for doing so.
(For consumer accounts only):
1) Preauthorized Payments–Right to Stop Payment and Procedure for Doing So.
If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call or write us at the telephone number or address listed in this disclosure, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We charge a fee for each stop payment as disclosed in the Account Agreement and Fee Schedule, as amended from time-to-time and as posted on our website;
2) Preauthorized Payments–Notice of Varying Amounts.
If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.);
3) Liability for Failure to Stop Payment of Preauthorized Transfer.
If you order us to stop one of these payments 3 business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
Overdrafts – Order of Payments, Transfers and other Withdrawals
If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then: (a) Electronic fund transfers involving currency disbursements, like ATM withdrawals will have priority; (b) Electronic fund transfers initiated through Online Banking which would result in an overdraft of your account may, at our discretion, be cancelled and (c) In the event that the electronic fund transfers initiated through Online Banking which would result in an overdraft of your account is not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Limits on Amounts of Online Banking Transactions
If a hold has been placed upon deposits made to an account from which you wish to transfer funds, you cannot transfer that portion of the funds until the hold expires.
Change in Terms
We may change any term of this Online Banking Agreement at any time. If the change would result in increased fees for any Online Banking services, increased liability for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Online Banking website or forward it to you by email or by postal mail. When an immediate change in terms or conditions is necessary to maintain or restore the security of your account or our electronic fund transfer system, and if the Bank makes such a change permanent and disclosure would not jeopardize the security of the account or system–the Bank will provide you notice within 30 days of making the change permanent. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
Periodic Statements
You will not receive a separate Online Banking statement. Transfers to and from your accounts using Online Banking will appear on the respective periodic statements for your Bank accounts.
Confidentiality
We will disclose information to third parties about your account or the transfers you make: (1) where it is necessary for completing transfers; (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (3) in order to comply with government agency or court orders; or (4) as explained in the separate Privacy Disclosure.
Texas Gulf Bank, N.A. Accounts Accessible by More than One Person
If your account is owned by more than one person or is accessible by one or more authorized representatives, each such owner or authorized representative may individually access the account through the Online Banking Service. Each owner or authorized representative will need a unique ID and Password. The terms of this Online Banking Agreement will apply to each such person.
In Case of Errors or Questions (for consumer accounts only)
It is your responsibility to contact us immediately in case of errors, questions about electronic transfers, incorrect information on your statement or any concerns about the use of your password or authentication code by calling or writing us at the telephone number or address listed below or by secure message when logged into your account from the TGB Online Banking portal. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When you contact us you must provide:
(1) your name and account number,
(2) description of the error or transfer and a clear explanation of why you believe it is an error or why you need more information,
(3) the dollar amount of the suspected error, and
(4) for transactions on Online Bill Pay, the account number used to pay the bill, payee name, the date of the bill payment, payment amount, and the payee account number for the payment in question.
If you provide oral notice, you will be required to send in your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (5 business days if involving a Visa® point-of-sale transaction processed by Visa® or 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days (5 business days if involving a Visa® point-of-sale transaction processed by Visa® or 20 business days if the transfer involved a new account) 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 10 business days, we may not provisionally credit your account. An account is considered a new account for 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. Business Days: Monday through Friday, excluding Federal Holidays.
We will tell you the results within three 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. If we have made a provisional credit then later determine that there was no error, a corresponding debit will be made from your account.
Contact Information: Write us at Texas Gulf Bank, N.A., 1717 North Velasco, Angleton, Texas 77515 or Call us toll-free at 1-800-467-7216
Your Liability (for consumer accounts only)
Contact Us Immediately if you believe your password or authentication code has been lost, stolen, used without authorization, or otherwise compromised or if someone has transferred or may transfer money from your accounts without your permission. A phone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password or authentication code, you can lose no more than $50 if someone has used your password or authentication code without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your password or authentication code, and we can prove that we could have stopped someone from using your password or authentication code without your permission if you had told us, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may lose any amount transferred without your authorization after the sixty (60) day period, if we can prove that we could have stopped someone from making the unauthorized transfer if you had told us on time. If a good reason, such as a long trip or hospital stay kept you from telling us, time periods in this section may be extended.
You agree to assist us in our efforts to recover any funds that were transferred or paid without your permission.
Our Liability
If we do not complete a transfer to or from your account on time or in the amount you requested, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result but only to the extent of the amount of the payment or transfer. We will not be liable for (1) if, through no fault of ours, you do not have enough money in your account to make a transfer; (2) if a legal order directs us to prohibit withdrawals from the account; (3) if your account is closed, or if it has been frozen; (4) if the transfer would cause your balance to be overdrawn, to go over the credit limit of any established line of credit or the credit limit for any credit arrangement set up to cover overdrafts; (5) if you, or anyone authorized by you, commits any fraud or violates any law or regulation; (6) if any electronic terminal, telecommunication device, or any part of the Online Banking electronic transfer system is not working properly and you knew about the problem when you started the transfer; (7) if you have not properly followed the on-screen instructions for using the Online Banking System; or (8) if circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Limitation of Liability, Indemnification
Notwithstanding any provision to the contrary contained in this Online Banking Agreement, we shall be responsible only for performing the services as expressly provided for in these Terms and Conditions. We shall only be responsible for losses which are the direct result of our own negligence or misconduct in performing these services. We shall have no liability for failure to perform any services or for any disruption or delay in 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, Telecommunication systems, your internet service provider, or weather conditions. We shall have no liability for any consequential, special punitive damage or indirect loss under any circumstances.
Unless otherwise required by law or specifically provided for in this Online Banking Agreement, you agree that neither we nor the service providers shall be responsible for any harm, including but not limited to direct, indirect, special, consequential and economic damages, resulting in any way from the installation, operation or maintenance of our equipment or software, or internet browser or access software, nor shall we or the service providers be responsible for any loss, property damage or bodily harm, whether caused by Texas Gulf Bank, N.A., its equipment or software or by internet access or browser providers, or by online service providers, or any agent or subcontractor of any of the aforementioned parties.
Except to the extent that we are liable under the terms of this Online Banking Agreement or an agreement that otherwise governs your eligible Account, you waive any claim against the Bank and you agree to indemnify and hold us and our Directors, Officers, Employees, Agents or Third Party Service Providers harmless from all loss, liability, claims, demands, judgments and expenses (including reasonable attorney’s fees) arising out of or in any way connected with the performance of the Online Banking services. You agree that this Indemnification shall survive the termination of these Terms and Conditions.
Links to Other Sites
In connection with your use of our services, including the Online Banking Services, you might come across links to websites operated by third parties (“Third-Party Websites”). It’s essential to understand that these Third-Party Websites are not under our control. As such, we neither endorse nor take responsibility for the content, security, or privacy practices of these sites.
Should you decide to utilize any of these Third-Party Services or Websites, the responsibility falls on you to thoroughly review and understand their terms and conditions. The third parties offering these services are solely responsible for the performance, accuracy, completeness, reliability, and authenticity of their content. We make no warranties, express or implied, regarding the content of Third-Party Websites. This includes any claims of copyright, trademark, or potential virus contaminations.
Furthermore, our provision of links to Third-Party Websites does not imply any form of endorsement, sponsorship, or affiliation. We don’t review, monitor, or verify the content of these sites, and in no scenario will Texas Gulf Bank, N.A. be held accountable for your experience with or inability to use such websites. It’s imperative to be cautious, acknowledging that Third-Party Websites may have their distinct terms and privacy guidelines, which might differ from ours. Texas Gulf Bank, N.A. is not accountable for these separate terms and expressly denies any liability associated with them. Your interaction and reliance on any Third-Party Website is purely at your own discretion and risk.

New Services
Texas Gulf Bank, N.A. may, from time to time, offer and introduce new online services. We will notify you of the existence of these new products and services. By using these services when they become available, you agree to be bound by the terms, which will be communicated to you concerning these services.
Rights to Terminate
This Online Banking Agreement will remain in effect until it is terminated by you or by Texas Gulf Bank, N.A. You may cancel Online Banking at any time by calling or writing us at the telephone number or address shown under “Contact Information” above or by sending us your request via secure message when logged into your account from the TGB Online Banking portal. We may cancel this Online Banking Agreement and terminate your use of Online Banking services in whole or in part, for any reason, at any time without prior notice. If we terminate this Online Banking Agreement, no further Banking transfers or bill payments will be made, including but not limited to any payment scheduled in advance or any preauthorized recurring payments or transfers. If you do not access any of your eligible accounts via Online Banking Services within a one (1) year period, all of your Online Banking Services may be disconnected without notice.

Consumer Mobile Deposit Capture Agreement
This Consumer Mobile Deposit Capture Agreement for Texas Gulf Bank, N.A. (the “Agreement”) is made as of the date you first use the remote deposit capture service (“Mobile Deposit” or “Service”). This Agreement supplements the deposit account agreement(s), Online Banking Agreement, Mobile Banking Agreement and any other agreements (collectively referred to as “Other Bank Agreements”) between Texas Gulf Bank, N.A. and customer using the Service. In this Agreement, “you” and “your” refer to the Service user who has enrolled in the Service and the terms “Bank” shall refer to Texas Gulf Bank, N.A. The Service is only for use with respect to your accounts used primarily for personal, family or household purposes and may not be used for any business purposes. Other Bank Agreements you have entered into are incorporated by reference and made a part of this Agreement. With respect to your use of the Service, to the extent that this Agreement has terms, covenants and conditions (collectively referred to as “Terms”) contrary to the terms, covenants and conditions of Other Bank Agreements, the Terms of this Agreement shall control. Your use of the Service constitutes acceptance of the Terms of this Agreement.
Description:
The Service is designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank for deposit to your designated account(s). The device must capture an image of the front and back of each check (“Check”) to be deposited in accordance with the procedures contained herein; must read and capture the magnetic ink character recognition (“MICR”) line on each Check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these Checks for payment.
The Service converts your scanned Checks into substitute Checks, in accordance with the Check 21 Act and Federal Reserve Board Regulation CC (Vol. 12 of the U.S. Code of Federal Regulations, part 229) promulgated to comply with Check 21 Act, as it may be amended, substituted for, or recodified from time to time (“Reg. CC”), to facilitate the deposit and collections of such Checks. You agree that Bank shall determine in its sole discretion the manner in which Checks are cleared or presented for payment, including without limitation, by substitute Check, ACH or image exchange. Your use of the Service is also subject to, and you agree to comply with , the applicable rules and regulations of the Office of Foreign Assets Control Sanction laws, the USA Patriot Act and the Uniform Commercial Code as enacted in the State of Texas.
To use the Service, you must be a Bank account holder, enrolled in Online Banking, have agreed to this Online Banking Agreement, and lastly applied for and been approved for the Mobile Deposit Service.
Business Mobile Deposit Agreement requires a separate application and agreement by contacting treasuryservices@texasgulfbank.com to apply.
Definitions:
All capitalized Terms in this Agreement shall have the meaning given to them in this Agreement or Other Bank Agreements.
Hardware and Software requirements:
You must have a mobile device that is acceptable to us and a wireless plan from a compatible mobile wireless provider (“Mobile Device”). You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time. Bank is not responsible for any third party software you may need to use the Services.
You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. We may change requirements at any time without prior notice. You may need to upgrade the Texas Gulf Bank N.A. Mobile App to use the Service.
Deposit Limits:
Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits. Our current monthly deposit limit is $5,000.00, and the highest Check amount is limited to $2,500.00.
Check Requirements (including image quality):
Information on the Check
The image of an item transmitted to the Bank using the Service must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line that contains the routing transit number and account number of the account on which the Check is drawn; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).
Types of Checks
You can only deposit Checks using “Mobile Deposit”. Bank in its sole discretion may refuse to accept, and you represent and warrant that you shall not use the Service to deposit any Checks that:
• are payable to any person or entity other than you;
• are issued by you, or by any other person on any of your accounts or any account on which you are an authorized signer or joint account holder, or any account of any business entity of which you are a principal, officer or authorized signer; Checks containing any alteration of which you know or believe to be fraudulent or not authorized by the owner of the account on which the Check is drawn;
• any Checks that are not in original form with a signature, such as substitute Checks which have been previously endorsed by a financial institution or remotely created Checks;
• contain obvious alteration to any of the fields on the front of the Check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the account holder;
• are drawn on a financial institution located outside the United States or are not payable in United States currency; are dated more than six (6) months prior to the date of deposit;
• are missing or have an invalid or incorrect routing number;
• are photocopies or otherwise not original paper Checks when they are scanned;
• are issued to multiple parties;
• are third party or second endorsed Checks;
• do not qualify as “original checks” as defined in Reg. CC;
• are prohibited by Bank’s current procedures relating to the Service or are not acceptable under the terms of Other Bank Agreements.
In the event that you breach any of these representations or warranties, you agree to defend, indemnify and hold the Bank and its agents harmless from and against all liability, damages, and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize us to charge your account(s) for the amount of any claim, suit or demand that constitutes a breach of warranty claim under the provisions of Check 21 Act, Reg. CC and/or the Texas Uniform Commercial Code.
Image Quality:
Both the front and back of each Check must be transmitted to the bank. The Bank in its sole discretion may refuse to accept Checks that do not meet our image quality requirements. This includes, without limitation Checks where:
• the front and/or back image is too large or too small;
• the front and/or back image is too light or too dark;
• the front and back images have a dimension or other mismatch or discrepancy;
• the image has torn or folded edges, cut corners, or other damage;
• the image does not comply with the standards for image quality established from time to time by the American National Standard Institute (ANSI), the Federal Reserve Board, any other regulatory agency, clearing house or association, or by us, or by applicable law.
Note: Any Check that you attempt to deposit using Mobile Deposit is subject to verification by Bank. We may reject an item for deposit for any reason and will not be liable to you. In such a case, you will need to deposit the item using other means, such as visiting a Bank branch.
Endorsements and Procedures:
You agree to restrictively endorse any item transmitted through the Service as “FOR MOBILE DEPOSIT ONLY, Texas Gulf Bank, account # “, Signature or as otherwise instructed by Bank. You agree to follow any and all other Procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the share draft or Check within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a Check payable to you and any joint owner(s) of your Bank account, the Check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such Check into a Bank account jointly owned by all such payees. If the Check is payable to you or your joint owner, either of you can endorse it. If the Check is made payable to you and any non-joint owner, you may not deposit the Check into your Bank account using the Services. All mobile deposits made without this specific restrictive endorsement language are subject to rejection for non-compliance. Should there be continued non-compliance, Texas Gulf Bank may revoke your Mobile Deposit Service. If the deposit was accepted, the customer will be liable to the Bank for any loss incurred from the subsequent deposit of an original check that was deposited by you through the Mobile Deposit Service.

Rejection of Deposits:
After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Other Bank Agreements. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits. Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for remote deposit, you must physically deposit the original Check.
Unpaid Checks:
You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by Bank. Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you.
In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned.
Since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute Check.
You may not use the Service to deposit a substitute Check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide to you in connection with returned Checks.
Your Duty to Report Errors:
Bank will provide you with periodic statements that will identify the deposits that you make through the Service. In addition, you may access the Bank’s Online Banking service for information about your deposits, return items, deposit adjustments, Checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that we will be liable for the Check.
You shall notify us promptly of any errors, omissions, or discrepancies in a deposit related to “Mobile Deposit” as soon as possible after they occur, and in no event later than 30 days after Bank account statement is sent. Unless you notify us within 30 days, the account statement containing the deposits made through the Services is deemed correct, and you cannot bring a claim against us for any alleged errors.
You may notify us in writing at Texas Gulf Bank, N.A., 1717 North Velasco, Angleton, Texas 77515 or by telephoning us at 800-467-7216. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Bank Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.
Availability of Service/ Contingency:
The Service is generally available 7 days a week, 24 hours a day. At certain times the Service may not be available due to system maintenance or technical difficulties, including those of the wireless service provider or circumstances beyond our control. In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all Checks to the closest Bank location. The deposit of original Checks at an office of the Bank shall be governed by the terms and conditions of the Other Bank Agreements and not by the terms of this Agreement. Bank is not responsible for providing an alternative method of remote deposit capture if the Service is not available.
Funds Availability:
The funds for the Checks that you deposit through the Service may not be immediately available to you. The funds for all accepted Checks will be available in accordance with Bank’s Availability Disclosure, as amended from time to time.
Cut Off Time for Deposits:
Deposits made via “Mobile Deposit” must be made before 5 PM Central Standard Time in order to be considered deposited same day. Deposits made after 5 PM Central Standard Time will be considered deposited the next business day. A business day is Monday through Friday, excluding Federal holidays.
Storage, Security and Destruction of the Original Checks:
You agree that once a Check has been deposited through the Service, the original Check is your property and not the property of the Bank. You shall securely store the original Check for a reasonable period, not to exceed sixty (60) days, after you receive a deposit receipt through the Service that the Check has been accepted. While the original Check is in your possession, you agree to use a high degree of care to safeguard the original Check and related files against security risks. Security risks include, without limitation, the theft or reproduction of the original Check or unauthorized use of the information on the Check or in the file. You shall take appropriate security measures to ensure that: a) only authorized persons shall have access to the original Check; b) the information contained on the Check shall not be disclosed to unauthorized persons; and c) the original Check will not be duplicated, will not be scanned more than one time, and will not be presented, deposited or negotiated again in any way. Upon request by the Bank you will promptly provide to the Bank a retained original Check, or a sufficient copy of the front and back of the Check in form acceptable to us, to aid in the clearing and collection process, or to resolve claims by third parties, or for our audit or fraud loss prevention purposes.
After the sixty (60) day retention period expires, you shall destroy the original Check by shredding it or by any other permanent deletion manner that does not allow the original Check to be accessed by an unauthorized person(s) and in a manner that the original Check is no longer readable or capable of being reconstructed. After destruction of an original Check, the image will be the sole evidence of the original Check.
You agree that you will never present the original Check more than one time. You understand that you are responsible if anyone is asked to make a payment based on an original Check that has already been paid.
You agree to be responsible to us for any losses, costs, expenses, and damages we may incur as a result of your failure to comply with the provisions of this Section.
Prohibition Against Presenting Checks More Than Once:
Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute Check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute Check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute Check. You agree that we may debit from your Bank account the aggregate amount of any Checks that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.
Your Authentication Method:
You agree that we are entitled to act upon instructions we receive with respect to the Service under your Online Banking User ID, PIN or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Bank Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential.
You agree to indemnify and release us from any and all liability and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method.
By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, Checks deposited, Check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.
Mobile Deposit Security; Data Security:
You understand that Check images captured using your Mobile Device are stored on the Mobile Device only until the associated deposit has been successfully submitted. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your Mobile Device remains securely in your possession until the deposit has been completed.
It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at 800-467-7216 and with written notice to Texas Gulf Bank Attn: Customer Service, 1717 North Velasco, Angleton, Texas 77515 if you learn of any loss or theft of original Checks. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
You agree to protect the confidentiality of your account and account number, your data, and your personal identification information. Notwithstanding our efforts to ensure that the Service is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including e-mail, 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 the Service or e-mail transmitted to and from us, will not be monitored or read by others.
Compliance with Law; Prohibited Activities:
You agree to use the Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You are prohibited from engaging in, and you represent and warrant to the Bank, that you do not and shall not engage in, any business or activity that: a) would result in your being or becoming a money service business that regularly cashes third party checks, sells money orders, or handles wire transfers or other financial services for third parties; b) would result in your accepting restricted transactions in connection with another person in unlawful Internet gambling; c) would result in the Bank being used as a conduit for money laundering or other illicit purposes; or d) would directly or indirectly result in any activity or use of the Service that may be illegal or fraudulent.
Your Financial Information:
Bank may request financial and other information from you from time to time in order to evaluate the risks of providing the Service to you. You agree to promptly provide any such financial and other information we request. You authorize us to review your financial information, including consumer reporting agency reports, before we authorize you to use the Service and for as long as you use the Service. If you do not provide any requested financial or other information, or if we determine that the credit, security or other risks of continuing to provide the Service to you are not acceptable, we may immediately terminate your access to the Service without prior notice.
Fees and Charges:
Bank offers the benefits and convenience of “Mobile Deposit” Services to you free. We reserve the right to charge fees for the Services in the future. Your use of the Service after the effective date of any fee changes shall constitute your agreement to such fee changes. You also understand and agree that you are responsible for any wireless service provider charges and any and all fees and charges that you may incur by accessing and using the Service.
Changes/ Termination of Service:
We may, in our sole discretion, modify, add or remove portions of the service or end the service at any time without notice. We may turn off the service to you if we suspect fraud, if you misuse Mobile Deposit, have excessive overdrafts or returned items or for other reasons in our sole discretion.
Cooperation with Investigations:
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
Disclaimer of Warranties:
YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BANK DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BANK MAKES NO WARRANTY THAT THE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THAT THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. IN NO EVENT WILL BANK BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SERVICE OR FOR ANY LOSS OF DATA, EVEN IF BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Assignment:
You may not assign any of your rights, duties and obligations under this Agreement. We may assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors, service providers, or other third parties.
Governing Law:
This Agreement is governed by, and is subject to, the laws of the State of Texas.

E-SIGN Disclosure
(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 Act 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.
“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.
“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” mean 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.
E-SIGN CONSENT AND DISCLOSURES FOLLOW: 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.

• 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 both intend that the Acts apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

• After you consent, 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.

• 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.

• 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 online may 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. Our product is not endorsed or sponsored by Adobe, Inc.
• 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 – https://helpx.adobe.com/sign/system-requirements.html )

Additional Disclosures; Terms and Conditions of Enrollment in and Use of E-Statements

By enrolling in E-Statements, you are electing to receive your statement electronically. Once enrolled, you will only receive your statement electronically.
There are currently no fees for the use of E-Statements. However, you agree that Texas Gulf Bank, N.A. has the right to institute or change the fees for E-Statements upon 30 calendar days prior written notice to you. In addition, Texas Gulf Bank, N.A. has the right to amend these terms and conditions from time to time providing you with written notice of the amended terms and conditions.
You agree to waive and release any claims against Texas Gulf Bank, N.A. arising out of or that may in any way be related to the use of E-Statements, except for those claims resulting solely from the negligent acts or omissions of the Bank. You agree that you are solely responsible for any loss due to use of E-Statements by you, any authorized user, or any unauthorized user or recipient who gains access to E-Statements through your computer or information obtained directly or indirectly from you.
You will need email access to receive notice of your statement availability and at least 1MB of free space to receive your statement(s). Notice of your statement availability will be sent to the email address that is on file with Texas Gulf Bank, N.A. It is your responsibility to keep your email address updated with Texas Gulf Bank, N.A. You have the option to have notice of your statement(s) availability emailed to one additional recipient. It is your responsibility to maintain the ID, Password, and email addresses for the additional recipient.
Statements are sent as a “shell” .pdf without customer data. Once the user logs into TGB Online, the ID and Password are authenticated and the data fills the PDF document. The data included in the statement is streamed via a secure 128-bit SSL encryption.
Your TGB Online ID and Password are your keys to E-Statements. It takes both identification keys to gain access. No one representing Texas Gulf Bank, N.A. will ask for your Password. You should never give your Password to anyone who asks for it in an email or by phone or anyone else who you do not want to have access to your account.
Statements can be printed or saved to a file on your computer for easy storage. The past eighteen months’ statements will be available on TGB Online for your convenience.
You have the option to receive check images with your electronic statement.

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.

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.
Note: As disclosed earlier, if you have enrolled in E-Statements and later wish to cancel, you must follow a different process than the contact methods shown above; instead, 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. Also 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.

Introduction
Welcome to Texas Gulf Bank (“we,” “us,” or “our”). By accessing and using the services (“Services”), including those provided through our partnership with Digital Onboarding, Inc., you agree to comply with and be bound by the following Terms of Service (“Terms”). These Terms outline the rights and obligations governing your use of our Services. Please read them carefully, and contact us if you have any questions.
Services Provided
We offer a variety of digital services to enhance your banking experience. Specific to our partnership with Digital Onboarding, Inc. these include personalized onboarding campaigns and microsites designed to facilitate your introduction to our banking services, as well as direct deposit enrollment widgets that simplify setting up or modifying direct deposits into your accounts. We also provide card on file switching widgets, which allow you to update and manage your card information with various merchants. In addition, you may sign up for optional services such as Mobile Deposit, which enables remote check deposits through our mobile banking app (subject to separate application and agreement), eStatements for paper-free statement delivery, and fee-based treasury services such as Remote Deposit Capture, Positive Pay, and ACH Origination. Please note that certain of these services may require additional applications, agreements, approvals, and/or fees.
Use of Services
By choosing to use our Services, you agree to provide accurate and up-to-date information whenever required and to promptly notify us of any changes to your contact details or other relevant personal or financial information. You accept responsibility for maintaining the confidentiality of your account credentials, including any usernames, passwords, or other security measures. If you suspect unauthorized use or a breach of your account, you must notify us immediately. You further agree to use our Services in compliance with all applicable federal, state, and local laws, regulations, and ordinances. Any use of our Services for fraudulent, illegal, or unauthorized purposes is strictly prohibited.
Privacy and Data Security
Your privacy is important to us. We adhere to strict data protection policies and use industry-standard security measures, such as encryption and secure servers, to safeguard your personal information. However, no method of electronic transmission or storage can be guaranteed as entirely secure. By using our Services, you acknowledge and accept the inherent risks associated with online communication. For more information about how we collect, use, and share your information, please refer to our Privacy Policy. If you have any concerns about data security, you may contact us directly for more details.
Third-Party Services
We may integrate our platform with third-party applications to enhance functionality and streamline your banking experience. While we endeavor to maintain a high standard of security and seamless interaction, we cannot guarantee the security or reliability of services, applications, or websites that are operated by third parties beyond our control. Consequently, you acknowledge and agree that we are not responsible for any data breaches, service interruptions, or other losses arising from your use of third-party services. Before engaging with any third-party application, you are encouraged to carefully review its respective terms and privacy policies.
Additional Applications and Agreements
Certain services, including but not limited to Mobile Deposit and Treasury Services, may require the submission of separate applications or the signing of additional agreements. By submitting any such application, you authorize us to review and process your request, which may involve evaluating your eligibility and conducting risk assessments. Approval of these services is at our sole discretion and may be declined. If approved, you may be required to abide by further terms and conditions, and you may incur fees associated with these services.
Limitation of Liability
To the fullest extent permitted by law, Texas Gulf Bank shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Services, including any inability to access our platform. The Services are provided on an “as is” and “as available” basis, and we expressly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We shall not be responsible for delays or failures to perform resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of third parties, or technological disruptions.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Texas Gulf Bank, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way related to: (a) your breach or alleged breach of these Terms; (b) your misuse or unauthorized use of the Services; or (c) any violation of law or regulation by you. However, this indemnification obligation does not apply to the extent any claims arise from our own gross negligence or willful misconduct.
Modifications to Terms
We reserve the right to modify or update these Terms of Service at any time. If we make any material changes, we will communicate those changes to you and update the “Last Updated” date at the bottom of this document. Your continued use of our Services after the posting or communication of any revisions constitutes acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any modifications.
Contact Information
If you have questions or concerns about these Terms of Service, please contact us at 1-800-467-7216. We welcome your feedback and are committed to addressing any inquiries or issues you may have regarding your banking experience or the Services we provide.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. By using our Services, you agree to submit to the exclusive jurisdiction and venue of the courts located within Harris County, Texas for the resolution of any disputes arising out of or related to these Terms.
Acceptance of Terms
By accessing and using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must discontinue the use of our Services immediately by contacting us at the above number.