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Please provide us with the information requested below.   After you fill out and submit this form, it will be emailed to the appropriate bank representative via SECURE email.  We will email you to confirm your request for an on-line account.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT.

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

*First Name:  Mi:
*Last Name: 
*Address Line 1:  
  Address Line 2:  
*City: *State *Zip:
*Home Phone:        
*Work Phone:        
*Email:
*Social Security Number:        


ONLINE SERVICES AGREEMENT

This Online Services Agreement (the "Agreement") is entered into between THE COMMERCIAL NATIONAL BANK OF BRADY (the "Bank") and the undersigned customer of the Bank, who hereby subscribes to THE COMMERCIAL NATIONAL BANK OF BRADY Online Banking, which may include our mobile application and, if requested and approved, Bill Payment Services ("online services"). This Agreement contains the terms and conditions governing the online services. The customer is referred to in this Agreement as "you" or "your". The Bank is referred to in this Agreement as "Bank", "we", "us", and/or "our". If you use the online service or permit another to use the online service on your behalf, you agree to the terms and conditions stated in this Agreement.

The terms and conditions of the deposit agreements and disclosures for each of your BANK accounts as well as your other agreements with BANK such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Texas (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and BANK's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement constitutes the entire agreement between you and BANK with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

1. Definitions - As used in this Agreement, the words "we", "our", "us" and "BANK" mean The Commercial National Bank of Brady. "You" and "your" refer to the “ACCOUNT HOLDER” authorized by BANK to use online services under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through online services. "Account" or "accounts" means your accounts at BANK. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your BANK accounts using online services including bill payments. "Online services" means the services provided pursuant to this Agreement. "Business days" means Monday through Friday. Holidays are not included.

2. Access - To use online services, you must have at least one account at BANK, have internet access, and submit an enrollment form online. Once we have received your enrollment form, you will need to sign an Agreement. Once we have a signed Agreement and verified your account information, we will assign you a temporary login id and temporary password. We undertake no obligation to monitor transactions through online services to determine that they are made on behalf of the accountholder.

3. Online Services - In general, the Online Banking service package enables you to:

- search transaction histories and obtain balance information on accounts with the Bank

- transfer funds between your transaction accounts at the Bank.

- make payments on your loan accounts at the Bank.

- communicate with bank staff through a secure message facility

The Bill Pay service enables you to:

- electronically request one-time or recurring payments to be made from your checking account to nearly any person, organization or company in or doing business in the United States.

- view pending payments and payment history

This list is not exhaustive and the Bank may offer additional or different online services in the future, all of which will be governed by this Agreement, as amended.

The Online Banking and Bill Pay services are often collectively referred to in this agreement as "online services".

The Online Banking and Bill Pay services are available by request to eligible customers with prior Bank approval. Online Banking and Bill Pay are separate services that must be requested separately by online enrollment. Despite being separate, you must have access to the Online Banking service before you can access Bill Pay. Bill Pay also requires a valid checking account from which payments are drawn.

4. Hours of Access - You can use online services seven days a week, twenty-four hours a day, although some or all online services may not be available occasionally due to emergency or scheduled online services maintenance. We agree to post notice of any extended periods of non-availability on the online services web site.

5. Your Password - For security purposes, you are required to change your password upon your initial login to online services. You determine what password you will use and 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 every 120 days. Upon three unsuccessful attempts to use your password, your access to online services will be revoked. To re-establish your authorization to use online services, you must contact us to have your account enabled and to obtain a new temporary password.

You must create a password that utilizes 3 of the 4 following categories: upper case letter, lower case letter, number and/or symbol for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.

6. Security - You understand the importance of your role in preventing misuse of your accounts through online services and you agree to promptly examine your 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 alone, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via online services is encrypted in an effort to provide transmission security and online services utilizes identification technology to verify that the sender and receiver of online services transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the online services are secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic 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 BANK online services, or e-mail transmitted to and from us, will not be monitored or read by others.

7. Fees and Charges - You agree to pay any reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone, Internet, cell phone and data charge fees you incur in connection with your use of online services.

8. Balance Reporting – Bank shall provide prior day and memo post balance and transaction information on your Bank account(s).

9. Transfers – You agree that given the size, type and frequency of the intra-Bank transfers, which you intend to make, the following procedures are commercially reasonable. You agree that Bank may solely rely on these procedures to verify the authenticity of your transfer requests. You agree to be bound by any transfer requested in its name and which is in compliance with such procedures whether actually authorized or not. The procedures are as follows:

A. You are responsible for the input and verification of all information onto the online services. Bank shall have no responsibility to determine the accuracy of such information. Should there be any conflict between account number and account name, the account number shall prevail. Bank shall be entitled to rely upon any transfer request reasonably believed by Bank to have been input by you or your authorized users specified in this Agreement.

B. Bank cut-off time for transfer requests is 6:00 p.m. CST., after which time such requests will be processed the next business day.

C. Bank may, in its sole discretion, reject any transfer request if there are insufficient funds authorized account(s); or the transfer request (1) is not authenticated to Bank’s satisfaction or which Bank, in good faith, believes may not be authorized by you; (2) contains incorrect, incomplete or ambiguous information; or (3) involves funds subject to a lien, hold, dispute or legal process which prevents their withdrawal. Bank shall incur no liability for any loss to you or to any third person occasioned by Bank’s refusal to make such transfer.

D. Bank shall not be responsible for any loss or liability arising from: Your negligence or breach of this Agreement; any ambiguity or inaccuracy in any book transfer request or in the information set forth in this Agreement given to Bank by you; or from any error, failure or delay in the execution of a book transfer, including without limitation any inoperability of computer or communication facilities, or other circumstances beyond the Bank’s reasonable control.

E. Types of Transfers:

• Transfer funds between your checking and savings accounts.
• Make loan payments.

LIMITATIONS – In addition, your ability to transfer funds between certain accounts is limited by federal law, as stated in your deposit agreements with us. With a Savings account you may make four (4) withdrawals/transfers from your account each quarter and Money Market account you may make three withdrawals and three transfers per month, if by preauthorized or automatic transfer, or telephone (including date transmission) agreement, order or instruction. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds being held until the hold expires. The Bank reserves the right to further limit the frequency and dollar amount of transactions from your accounts for security or credit reasons, as the Bank may determine at any time at its sole discretion.

10. Bill Payment Services – The Bill Payment service CNB EZ Pay, or "Bill Pay" is an optional electronic payment system that permits you to initiate and authorize payments from your checking account(s) to payees, which you have selected in advance, to receive payments by means of this service (a "payee" is a person, organization or business you are paying).

To participate in Bill Pay you must be a customer in good standing and have a checking account with THE COMMERCIAL NATIONAL BANK OF BRADY and access to our Online Banking service. The Bill Pay service can be accessed only via Online Banking and is a separate service made available to you after your enrollment online and Bank approval of that enrollment. Participation in Bill Pay is voluntary, requires a separate enrollment, and may incur service charges if you do not have a club account type.

11. Posting of Transfers - Transfers initiated through online banking before 6:00 p.m. CST. on a business day (defined as Monday through Friday, holidays not included) are posted to your account the same day. Transfers completed after 6:00 p.m. CST. on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. Online banking identifies transfers based upon the login ID of the user who made the electronic transfer.

12. Overdrafts; Order of Payments - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:

A. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;

B. Electronic fund transfers initiated through online services which would result in an overdraft of your account may, at our discretion, be canceled;

C. In the event the electronic fund transfers initiated through online services which would result in an overdraft of your account are not canceled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

13. Stop-Payment Requests – Online Banking allows you to: (1) place a stop payment order request of up to six (6) months in duration; (2) cancel an existing stop payment order; or (3) determine the paid status of a check. Any stop payment placed in online banking shall automatically expire at the time designated by you – not to exceed six (6) months from date of the placement of the stop payment order by you.

A. You agree to indemnify Bank against any loss for the amount of said check and all expenses, costs and consequential damages, if any, incurred by Bank because of refusing payment pursuant to your stop payment order. You agree not to hold Bank liable on account of payment contrary to your stop payment order if same occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn by the undersigned are returned insufficient. You agree that any stop payment placed on any check issued on your accounts may be relied upon by Bank to have been placed by an agent of you duly authorized to place the stop payment, and Bank shall have no duty or obligation to verify either the authenticity of the stop payment order request or the authority of the person placing it.

B. You may initiate stop-payment requests online via online banking only for check and ach transactions on your BANK accounts. Online stop-payment requests are processed on the business day following the date the stop payment has been requested online. To be effective, this type of stop-payment request must precisely identify the account number, name of the payee, the check number, if check transaction, the amount, the date of the transaction, and the reason for stop payment. Bank shall have no responsibility to determine the accuracy of such information.

C. If you make your stop-payment request online or by telephone, we may also require you to put your request in the form of a paper writing and get it to us within 14 days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account.

14. Confidentiality – We will disclose information to third parties about your account or the transfers you make:
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
• In order to comply with government agency or court orders, or
• If you give us your written permission.

15. Periodic Statements - Transfers to and from your accounts using online services will appear on the respective periodic statements for your BANK accounts.

16. Change in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any online service, 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 online services. We will post any required notice of the change in terms on the BANK online banking web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer online services, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject online services indicates your acceptance of the change in terms. 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.

17. In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments - Telephone us at (325) 597-2961, or write us at P. O. Box 591 Brady, Texas 76825 as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after the FIRST statement on which the problem or error appeared. When you contact us:

A. Tell us your name and account number (if any).
B. Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
C. Tell us the dollar amount of the suspected error and if possible the date and type of error.

If you contact us orally or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within ten (10) business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and WE DO NOT receive it in the form of a paper writing within ten (10) business days, we may not credit your account.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

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 error has occurred it will be corrected within one business day after completing determination.

18. Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:

A. If, through no fault of ours, you do not have enough money in your account to make a transfer.
B. If a legal order directs us to prohibit withdrawals from the account.
C. If your account is closed, or if it has been frozen.
D. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
E. If any electronic terminal, telecommunication device, or any part of the online services electronic fund transfer online services is not working properly and you knew about the problem when you started the transfer.
F. If you have not properly followed the on-screen instructions for using online services.
G. 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.

19. Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission (See #22 below). An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts.

Also, if your statement shows transfers that you did not make, contact us at once.

19. Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the online services provided to you under this Agreement. We do not and cannot warrant that online services will operate without errors, or that any or all online services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to online services, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BANK and its affiliates exceed the amounts paid by you for the services provided to you through online services.

20. Your Right to Terminate - You may cancel your online services at any time by providing us with written notice by postal mail or fax. Your access to online services will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

21. Our Right to Terminate - You agree that we can terminate or limit your access to online services for any of the following reasons:

A. Without prior notice, if you have insufficient funds in any one of your BANK accounts. Online services may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
B. Upon reasonable notice, for any other reason in our sole discretion.

22. Communications Between the BANK and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

A. E-mail -You can contact us by e-mail at cnbbrady@cnbbrady.com (Please note that banking transactions through ONLINE SERVICES are not made via e-mail.)
B. Telephone - You can contact us by telephone at (325) 597-2961
C. Facsimile - You can contact us by fax at (325) 597-0122
D. Postal Mail - You can write to us at:

Commercial National Bank of Brady
P. O. Box 591
Brady, Texas 76825-0591

E. In Person - You may visit us in person at:

Commercial National Bank
105 E. Second St.
Brady, Texas 76825

23. Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the BANK online service web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above set forth.

 


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