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GATE-Net ONLINE BANKING - Services Agreement For Personal and Business Banking Services
You should read this agreement carefully and understand its terms before using GATE-Net™ Internet Banking services, and you should retain a copy of this agreement, any enrollment documents for your records, and any other documents which are incorporated herein by reference. You must have an eligible personal or business deposit account to enroll in American Gateway Bank's GATE-Net™ Internet Banking Services. If you agree to the following terms and conditions, you may choose "Continue to Enrollment" at the end of the agreement to complete the enrollment form.
Internet banking is not available to persons under 18 years of age.
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I. INTRODUCTION
This Internet Banking Services Agreement ("Internet Banking Agreement") explains the terms and conditions governing GATE-Net™ Internet Banking Services offered through American Gateway Bank (a Louisiana Commercial bank) ("Bank"). You should read this Internet Banking Agreement and the related information provided by the Bank prior to using GATE-Net™. By using GATE-Net™ Internet Banking Services, you agree to abide by the terms and conditions of this Internet Banking Agreement. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You agree that the Bank may provide any notice required by law or by this Agreement in electronic form. Unless specifically identified, all terms and conditions apply to Internet Banking Services for Personal and Business Banking Services.
You should print these agreements and disclosures for your records and keep these notices for future reference. If you don't have a printer, e-mail us at support@amgb.com and we will send you a copy of these agreements and disclosures. |
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II. DEFINITIONS
As used in this agreement, the following words have the meanings given below. |
- "Account" and “Accounts” mean your Primary Account and all other deposit, loan and other accounts you have at Bank to which you have access through the Internet Banking Service.
- "Business Days" are Monday through Friday, except Bank holidays.
- "Electronic funds transfers" means automated teller machine (ATM”) withdrawals, preauthorized transactions, point of sale transactions and all transfers to and from your Accounts using the Internet Banking Service, including bill payments.
- "Eligible Account", for purposes of this Agreement, includes Checking, Savings, Money Market Deposit, Installment and Real Estate Loans. Certificates of deposit, IRAs, and any deposit or loan account that requires two or more signatures to make withdrawals, transfers or transactions are not eligible are not eligible for designation as the Primary Account. However, these types of accounts may be included in your accounts accessible for viewing through GATE-Net Online Banking.
- “Enrollment Form” is the GATE-Net Internet Banking Enrollment Form.
- "The Internet Banking Service" and “the Service” or “the Services” means our service that allows you to make payments, transfer funds, access accounts, obtain information and perform other transactions over the Internet by use of a personal computer and modem and/or other means we authorize or allow. This term includes transactions made on GATE-Net Bill Pay unless otherwise noted.
- "Paper statements" are the regular, periodic statements for your deposit accounts that we send to you by U.S. mail.
- "Primary Account" means the eligible deposit or loan account that you designate as your Primary Account on the Enrollment Form or as subsequently designated by you as your Primary Account.
- The words "we", "our", "us" and "Bank" refer to the depository institution that holds one or more accounts accessed by GATE-Net Internet Banking sm.
- "You", "your", and “yourself” refer to each person (including any business) who applies to use the Service, and each person who uses the Service with the permission of an applicant.
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III. ACCESSING YOUR BANK ACCOUNTS THROUGH GATE-NET
You can access your American Gateway Bank accounts through GATE-Net™. To access your personal and/or business accounts through GATE-Net™, you must have a login ID, and an internet banking password. Each of your accounts at the Bank are also governed by your "Deposit Account Agreement and Disclosure”, Expedited Funds Availability Act Disclosure, Electronic Funds Transfer Act Disclosure and related account agreements as applicable for personal and business accounts. |
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A. Requirements
To enroll to access your personal and/or business accounts through GATE-Net™, you must have a checking account, access to the Internet and a functioning email address. Once we have received your signed Enrollment Form, verified your account and other information and approved your use of the Internet Banking Service, we will send you, either by regular U.S. mail, confirmation of our acceptance of your enrollment and your assigned login ID and temporary password. The Internet Banking Service can be used by you to access only the Accounts that you have designated for access by the Internet Banking Service, either on the Enrollment Form, in subsequent documentation or by other means acceptable to us. The Internet Banking Service can be used to access, and to add to the list of Accounts accessible through use of the Internet Banking Service, all Eligible Accounts on which you are designated as "primary owner." None of the accounts on deposit with American Gateway Bank primarily owned by you can be excluded from this agreement.
American Gateway Bank accounts accessible through GATE-Net™ include:
• Checking Accounts
• Savings Accounts
• Money Market Accounts
• Certificates of Deposit
• IRAs
• Loans
You will be required to designate one checking account as your primary account. If you do not do so, we may select a primary account for you. Any service fees will be charged to your primary account. |
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B. Linking Additional Accounts
Using the Internet Banking Service, you can add to the list of Accounts that are to accessible through use of the Internet Banking Service those Accounts on which you are designated as "secondary owner" or "authorized signer" by calling us at 1-225-387-0011, writing to us at P. O. Box 500, Port Allen, LA 70767, Attn: Internet Banking Department, or by emailing us at support@amgb.com. Any account on which you are designated as "primary owner" will automatically be included in the list of Accounts accessible to you through use of the Internet Banking Service.
Each person authorized to access accounts through our Internet Banking (Net-Bank) product must utilize a User ID and Password separate from each other.
1.Consumer Accounts and Sole Proprietorships
If as an account holder you have a joint account with us, you are jointly and severally liable under this agreement. Each of you has the ability to access your accounts with us using a separate Password and may perform transactions such as funds transfers, bill payments, obtain information, or even terminate this agreement.
Be advised, we are not required to obtain the consent of, or notify the other one of you about the actions of the other. Both of you release us from any liability for honoring and allowing any transactions or actions initiated by either one of you. Each of you indemnifies and holds us harmless from any and all liability resulting from transactions either one of you initiate.
2.Business Accounts
Business accounts may not be linked to a personal account unless the business is a sole proprietorship or DBA. All other business entities will require a separate Internet banking account.
We undertake no obligation to monitor transactions through the Internet Banking Service to determine that they are made on behalf of the account holder. |
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C. Fees
There is no monthly charge for Personal or Basic Business GATE-Net™ Internet Banking Service. The Bank reserves the right to charge a monthly service fee upon prior written notification to its customers. In the event that Bank implements a monthly service charge at a later date, you agree to pay the Bank the applicable fees and charges for your use of Service and you authorize us to deduct the applicable fees from your primary account. Certain fees, as described in the Bank's Schedule of Fees and Charges, may apply to services ordered online. You can find a description of these fees both in the disclosures that have been separately provided to you in connection with your account(s) and the Schedule of Fees and Charges page of our web site (www.amgb.com).
Inactivity - If you do not access the Internet Banking Service for 60 consecutive days, your service will be
considered inactive and a $4.00 monthly inactivity fee will be assessed. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Primary Account for these amounts and any additional
charges that may be incurred by you. In the event that funds are not available in a deposit account to pay the monthly inactivity fee, at the Bank's option, we may bill you for the assessed fee or we may charge you a reactivation fee based on accrued and unpaid monthly inactivity fees assessed during the inactivity period. We reserve the right to terminate your use of the Internet Banking
Service without notification to you.
Please note that fees for Internet access will be assessed and billed separately by your Internet Service Provider. |
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D.Electronic Mail (E-mail)
Sending E-mail through GATE-Net™ is a way to communicate with the Bank. Despite our best efforts, messages sent by E-mail are not secure, may be intercepted by third parties and may not be immediately received by the appropriate department of American Gateway Bank. Please do not use E-mail to send us communications that contain confidential information, that we require in writing or that need our immediate attention. An internet record that an E-mail has been ‘sent’ or ‘received’ is not verification that the E-mail has been received by American Gateway Bank. You cannot use E-mail to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within GATE-Net™. |
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E. Bill Payment Service
You can use the Service to instruct the Bank to pay your bills from funds on deposit in your Primary Checking Account (the "Bill Payment Service "). To use the Bill Payment Service, you must have a checking account at the Bank and enroll in American Gateway Bank's Bill Pay Service. Refer to the Bill Pay Agreement for further details. |
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F. Benefits of Using Gate-Net
With GATE-Net™ you can manage your eligible personal and business accounts from your home or office on your personal computer. You can use GATE-Net™ to:
For Personal Banking Services
Transfer funds between eligible accounts.
Obtain balance information on eligible accounts.
Review transaction history on eligible accounts.
View front and back of a paid item.
Print a statement.
Export history to Intuit Quicken, Quickbooks, Microsoft Money, or comma separated file.
Search for specific transactions by date, check number, or amount.
Make payments from your AMGB deposit account to your loan with AMGB.
Place a Stop Payment on a check.
Change your address.
Set up E-mail alerts with Q-Cards.
Pay bills (requires Bill Pay enrollment – see Section E above).
Order printed checks.
Request to open a new deposit account.
For Business Banking Services
All of the features above.
plus
Initiate wire transfers. (requires additional Wire Transfer Agreement)
Order money.
Generate Federal Tax Payments (requires prior enrollment with IRS).
ACH Origination (requires additional Bank approval). |
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G.Periodic Statement
You will not receive a separate Internet Banking statement. You will get a monthly account statement from us on your checking. You will get a monthly statement on your savings account unless there are no transactions in a particular month. In any case, you will get a statement at least quarterly. |
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H.Confirmation of Transaction
A confirmation posting ID number will be displayed at the time you make a transfer, submit a bill payment, initiate cash management transactions, or submit instructions for wire transfers, or stop payments. This confirmation should be printed and kept for your records. |
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I. No Signature Requirement
When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account without requiring your signature on the item and without any notice to you |
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J. New Services
The Bank may, from time to time, introduce new Internet Banking Services. We will update this Internet Banking Services Agreement to notify you of these new services. By using these services when they become available, you agree to be bound by the rules contained in this Agreement. |
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A. Your Gate-Net Password
You will be given a temporary password that will give you access to your Bank accounts through GATE-Net™. You will be required to change your password the first time you log on. This password can be changed periodically within GATE-Net™ from the Change Password button. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize this Gate-NET™ password and do not write it down. You are responsible for keeping your password and account data confidential. |
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B. Computer Requirements
To use the Internet Banking Services through GATE-Net™, you must have your own Internet Service Provider and the necessary computer equipment required by the browser (Netscape Navigator 4.0 or later, Microsoft Internet Explorer 5.0 or later) you select. You are responsible for the selection, installation, maintenance, and operation of your computer and software. Your computer system may include other financial service software that is not associated with the Bank and the Bank is not responsible for them. |
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C. Performance of Software and Electronic Service.
In no event will we or our officers, directors, employees or agents be liable to you for any consequential, incidental, special or indirect damages arising out of the use, misuse or inability to use the Services, or for any loss of any data, even if we have been informed of the possibility of such damages. WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT. |
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D. Risk of Use and Disclaimer of Liability
Although American Gateway Bank attempts to provide accurate up-to-date information on this Site, the information and material contained in this Site, including text, graphics, pictures, logos, icons, and other items (the “Contents”) are provided on an “as is”, “as available” basis and the Bank disclaims liability for errors or omissions in the Contents. Your use and browsing of this site and its Contents and use of our Services is at your own risk. American Gateway Bank makes no representations, endorsements, or warranties of any kind whatsoever, either express or implied, including, but not limited to any warranties of title, accuracy, completeness, suitability, reliability, and any implied warranties of merchantability, fitness for a particular purpose, freedom from computer virus or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. American Gateway Bank also makes no representations, endorsements, or warranties, either express or implied, with respect to any website operated by a third party. Neither the Bank nor any affiliate nor any other party or their respective directors, officers, or employees involved in creating, producing or delivering the site is liable nor shall be liable for any direct, consequential, indirect, special, punitive, or other damages of any kind arising out of your access to or use of this site or Services, whether under a contract, tort or any other theory of liability, arising in connection with any use of the Services or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, difficulty of use, inaccuracy of information, computer viruses, malicious code, or other defects in this Site, the Services or any information or software downloaded from the Site, line system failure, loss of data, or loss of use whether related to or caused by the equipment, software, American Gateway Bank, or by Internet browser providers such as Netscape and Microsoft, or by online service providers or by an agent or subcontractor of any of the previous mentioned. Neither Whitney nor the service providers shall be responsible for any direct, indirect, special, punitive or consequential, economic or other damages, whether under a contract, tort or any other theory of liability, arising in any way out of the installation, use or maintenance of the equipment, software, the online access service or Internet browser or access software. The Site may contain links to other websites on the Internet. All sites which may be accessed through this site are independent and are maintained by persons other than American Gateway Bank employees and agents. Whitney has no control over the contents of these linked sites or any other sites to which such sites may link. American Gateway Bank may not have reviewed all of the sites linked to any such third party sites and is not responsible for the contents of any other sites linked to the Site. Your linking to any other sites is at your own risk.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS”, “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS OR NON-INFRINGEMENT. |
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E. Change/Interruptions in Services.
We may on a regular basis perform maintenance on our equipment or system that may result in interrupted service or errors in the Services. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided |
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F. Business Days
The term "business days" means Monday through Friday, excluding Saturday, Sunday and federal banking holidays. |
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G. Hours of Accessibility
You can access your Bank accounts through GATE-Net™ 24 hours a day, seven days a week. However, at certain times, some or all of GATE-Net™ Internet banking features may not be available due to system maintenance. During these times, you may use a American Gateway Bank ATM or a branch to conduct your transactions. Our normal business hours are 9 a.m. to 5 p.m. (Central Standard Time) Monday through Friday. Our cutoff time for processing transactions is 2:00 p.m. Transfers initiated through GATE-Net™ prior to 2:00 p.m. on a business day are posted to your account the same day. All transfers completed after 2:00 p.m. on a business day or on a Saturday, Sunday or banking holiday may not be posted until the next business day. Any changes to the above schedule will be posted on American Gateway Bank's web site at least 30 days prior to the change. |
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H. Additional Terms and Conditions
1.Obtaining Account Balance and Transaction History - You can obtain balance and transaction history on all eligible accounts that are enrolled in GATE-Net™. See Section III for specific accounts accessible through GATE-Net™. Account balance and transaction history reflects activity through the close of the previous business day.
2.Transferring Funds - You may make transfers between your eligible accounts. You may transfer amounts up to the available balance in your checking account, however, transfers from saving or money market accounts may be limited. There is no limit to the number of transfers from your checking account. The number of transfers from a savings or money market account will be limited as described in the applicable Deposit Account Agreement and Disclosure. Transfers using Internet Banking Services are counted against the permissible number of transaction together with any other transfers described in the Deposit Account Disclosure. Transfers cannot be made from time certificates of deposit. Although most transfers will be processed on the same business day if received prior to 2:00 p.m. (Central Standard Time) on Monday through Friday, some transfers may require off-line processing and are subject to available balance verification. The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security reasons.
a.Your Responsibility - You must maintain sufficient funds in your account(s) to cover any requests for transfers. If the bank completes a payment or transfer that Customer makes or authorizes and the bank subsequently learns that Customer has insufficient funds for the transaction, Customer agrees that the bank may reverse the transaction or offset the shortage with funds from any account Customer has with the bank. In any case, Customer is fully obligated to the bank to provide sufficient funds for any payments or transfers Customer makes or authorizes.
b.Our Responsibility - If we do not complete a transaction or a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages directly caused by the failure. However, there are some exceptions listed below for which we will not be liable.
We will not be liable for a failure to complete a transfer:
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 held until the hold expires.
If the money in your account is subject to a legal process or any other encumbrance or claim restricting the transfer.
If there are insufficient funds in your account, or the transfer would exceed the credit limit on any overdraft line you have with us. In those instances, we may decline to complete the transfer.
The system, computer or telephone was not working properly and you knew about the problem when you requested the transfer.
Circumstances beyond our control such as fire, flood, computer breakdown or problems with the telephone line prevent the transfer despite reasonable precautions we have taken.
If you have not properly followed the software manufacturer’s recommendations or Internet Banking Services instructions on how to make a transfer.
If a transfer could not be completed due to systems unavailability.
3.Stop Payment Requests for Checks via GATE-Net™ - The following terms and conditions apply to Stop Payment Requests for checks via GATE-Net™:
a.Processing Date. Stop-payment requests made via the Internet Banking Service, and received by us, on a Business Day before 2:00 p.m. Central Time are processed the same Business Day. Stop-payment requests made via the Internet Banking Service, and received by us, on a Business Day after 2:00 p.m. Central Time or on a day that is not a Business Day may not be processed until the next Business Day.
b.Item Description. Upon your submittal of a Stop Payment on a check via GATE-Net™, you warrant that the information describing the check, including: the check date, its exact amount, the check number and payee is correct. (You understand that the EXACT amount of the check is necessary for our computer to stop payment. If you give us the incorrect amount or any other incorrect information, we will not be responsible for failing to stop payment on the check.) We may ask you to confirm the Stop Payment Order in writing.
c.Agreement. You agree that you may not stop payment on any point-of-sale EFT, cashier or certified check or any check or payment guaranteed by us. You agree to allow us a reasonable period of time to post the Stop Payment Order. You also agree that it is your responsibility for determining whether a check you have written from your Bank account has or has not been previously paid.
d.Duration. You understand that we may require you to put your stop-payment request in the form of a paper writing which is mailed to us in time for us to receive it within 14 days after you request the stop-payment via the Internet Banking Service or by calling us. Upon receipt of your written stop-payment request, the stop-payment order will be extended up to a total of 180 days from the date of the request, including the original 14 days, unless you release the order or renew the order for additional periods.
e.Indemnification. You agree to indemnify, defend and hold us harmless from all costs, including attorney's fees, action, damages, or claims related to or arising from our action in refusing payments of the check including claims of any joint depositor, payee, or endorsee or in failing to stop payment of a check as a result of incorrect information provided by you. You also agree to notify us promptly upon the issuance of any duplicate check which replaces the check subject to the order or upon return of the original check.
f.Charges. You may incur stop payment charges as disclosed in the Schedule of Fees and Charges for the applicable account type.
We are not required to determine if a check has been presented for payment on the same day a stop payment order is received. In addition, the check upon which you requested payment to be stopped may be posted over your instructions if:
The check upon which payment is to be stopped has not been completely and accurately described.
The stop-payment order is not received in time or manner to permit the bank a reasonable opportunity to act upon the order.
The bank has accepted or certified the check.
The bank has paid the item for cash.
The bank has paid the item and no longer has a right to return the check.
The item has been deposited or received for deposit for credit to an account of a depositor with our bank.
4.No Signature Requirements - When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you. |
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A. Changes to Charges, Fees or Other Terms
We reserve the right to change the charges, fees or other terms described in this Internet Banking Agreement. When changes are made to any fees, charges, or other material terms, we will update this Internet Banking Agreement, and either send a notice to you at the address shown on our records, or send you an electronic mail message (E-mail). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for Internet banking transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Deposit Account Agreement and Disclosure and Schedule of Fees and Charges. |
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B. Disclosure of Account Information
You authorize the Bank and each of its affiliates to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:
Where it is necessary for completing transfers; or
To verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
To comply with government agency or court orders or requests; or
If you, or someone you authorize, give us written permission; or
To any paying agency after the death or legal incapacity of a recipient of recurring direct deposit payments; or
To provide services relating to your account or to offer other products and services; or
As otherwise required by applicable law, government regulation or the Bank's Privacy of Customer Information Policy. |
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C. Liability for Lost or Erroneous Data
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses that may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system. |
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D.Other Agreements
1.Deposit Account Agreement and Disclosure
In addition to this Internet Banking Agreement you agree to be bound by and will comply with the requirements of the applicable Deposit Account Agreement and Disclosure including your signature card and any change of terms notices, the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the bank belongs, the terms of any credit agreements you have with the Bank and all applicable state and federal laws and regulations.
2.Business Banking Services
a.In addition to the aforementioned, you acknowledge that the automated clearing house system (ACH) and wire transfer service may not be used in violation of, and that entries originated by you must comply with, the laws of the United States, including sanction laws administered by the Office of Foreign Asset Control.
b.You agree to use Business Internet Banking Services for business purposes and not for personal, family or household purposes. You understand that the Electronic Funds Transfer Act does not govern business transactions.
c.If an entity name appears in an Account title, you warrant that is the correct name, and the entity is a legally organized, validly existing business entity in good standing authorized to engage in the business in which it is engaged.
d.The entering into, delivery and performance of this Agreement have been validly approved and authorized by proper and valid action by the appropriate governing body in accordance with your governance documents and such approval and authority is evidenced appropriate and properly executed resolutions or other documentation. The primary contact person, account signers and all persons given access to accounts through a login ID and password have been duly authorized to act on your behalf and to bind you with respect to the accounts and services currently, or at any time in the future, accessible through the internet banking service or otherwise available to you, until actual notice of a change is received by us, in accordance with the terms of this agreement, and we have adequate time to act on that notice.
e.You assume all risk associated with assigning access levels to your employees, and all risks associated with disclosure of any password to your employees. You agree to establish procedures to protect the confidentiality of all information relating to the services provided by GATE-Net™ for Business, including all passwords. See Taking Care of Your Password under Section VI -- Protecting Your Account for further information on protecting your passwords. |
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E. Termination of This Agreement
Either you or we may terminate this Internet Banking Agreement at any time upon giving notice of the termination to the other party. For good reason, including non-usage or inactivity, the Bank reserves the right to terminate this Internet Banking Agreement and your access to Internet Banking Services through GATE-Net™, in whole or in part, at any time without prior notice to you. Upon termination, we reserve the right to make no further payments or transfers from your account(s), including payments or transfers you have previously authorized. If you terminate your Internet Banking Services, you authorize the Bank to continue making transfers you have previously authorized until such time as the Bank has had a reasonable opportunity to act upon your termination notice. You agree that upon termination of your Internet Banking Services, either by you or by us, you will cancel all automatic or recurring transfers you have previously authorized, and that if you fail to do so, you are responsible for such payments. You will remain responsible for all outstanding fees and charges incurred prior to the date of termination. |
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F. Assignment
The Bank may assign this Internet Banking Agreement to its parent corporation or to any now-existing or future direct or indirect subsidiary of its parent corporation. The Bank may also assign or delegate certain of its rights and responsibilities under this Internet Banking Agreement to independent contractors or other third parties. |
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G. Ownership of Materials.
The content and information on our site is copyrighted by American Gateway Bank and the unauthorized reproduction or distribution of any portions is prohibited. |
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H. Area of Service.
The Services described in this Agreement and any application for credit and deposit services available at our Site are solely offered to citizens and residents of the United States of America residing in geographic service areas in which American Gateway Bank currently has a physical presence and may not be accessed while outside of the USA. |
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I. Governing Law
This Internet Banking Agreement will be governed by and interpreted in accordance with all applicable federal and state laws and regulations. To the extent there is no applicable federal law or regulation, the terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the state of Louisiana, without regard to Louisiana's conflict of law provisions. |
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J. Severability
In the event any provision of these terms is held unenforceable, it will not affect the validity or enforceability of other provisions of this Internet Banking Agreement. The unenforceable provision will be replaced either by another enforceable provision contained either within this Internet Banking Agreement or other related Banking agreement, or by an enforceable provision at law which most closely reflects the intention of the unenforceable provision. |
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K. Recording and Retention of Information
You agree that we may record the information and electronic messages you enter through your use of the GATE-Net Internet Banking Services. You also agree that all information submitted by you will become the property of the Bank. |
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L. Address Changes
It is your sole responsibility to ensure that all of the information (contact information and other information) in your user profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, email addresses and account numbers. Changes to your user profile information can be made either via the Change of Address section of the Internet Banking Service or via U.S. mail. We are not responsible for any payment processing errors or fees incurred by you if you do not provide accurate account or contact information. |
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M. Collection Expenses
If we have to refer any matters arising under, or pertaining to, this Agreement to an attorney at law, including matters pertaining to the interpretation or enforcement of this Agreement, or the collection of any amounts owed by you to us, whether such referral is for the purpose of filling suit or otherwise, you will pay our reasonable costs and expenses, including attorney's fees. |
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VI. PROTECTING YOUR ACCOUNT
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A. Preventing Misuse of Your Account
1.Periodic Statements. - Your role is extremely important in the prevention of any wrongful use of your account. You will receive a periodic statement for your accounts as described in the Deposit Account Agreement and Disclosure. This statement will include all transactions posted through your use of the Internet Banking Services. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call the Bank at 1-225-387-0011.
2.Protecting Personal Information. -In addition to protecting your account information, you must take precautions to protect your personal identification information, such as your driver's license, Social Security Number, User ID, etc. This information, by itself or together with information on your account, may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information.
3.Taking Care of Your GATE-Net™ Password. - The password that is used to gain access to Internet Banking Services through GATE-Net™ should be kept confidential. For your protection we recommend that you change your GATE-Net™ password regularly. We recommend that you memorize this GATE-Net™ password and do not write it down. You should not save your ID login or password in Windows or on your computer. You are responsible for keeping your password, User ID, account number and other account data confidential. YOU HEREBY AUTHORIZE US TO ACCEPT INSTRUCTIONS FROM ANYONE USING YOUR PASSWORD. WE SHALL HAVE NO LIABILITY FOR RESULTING DAMAGES WHEN THE PASSWORD HAS BEEN USED TO ACCESS THE ON LINE BANKING SERVICE. IF YOU BELIEVE THAT YOUR GATE-NET™ PASSWORD MAY HAVE BEEN LOST OR STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR ACCOUNT WITHOUT YOUR PERMISSION YOU AGREE TO NOTIFY AMERICAN GATEWAY BANK AT 1-225-387-0011 IMMEDIATELY. The Bank may cancel your password at any time if necessary to maintain the security of your accounts. |
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B. Unauthorized Transactions in Your Bank Accounts
Only reveal your account number to a legitimate entity for a purpose you authorize (such as your insurance company for automatic payments). Notify us at once if you believe another person has improperly obtained your GATE-Net™ password. Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. You could lose all the money in your account plus the maximum amount of any unused credit on your overdraft credit line. To notify us, call the American Gateway Bank at 1-225-387-0011, Monday through Friday 9:00 a.m. through 5:00 p.m. (Central Standard Time), send an E-mail to support@amgb.com, or write to GATE-Net™ at American Gateway Bank, ATTN: Internet Banking, P.O. Box 500, Port Allen, LA 70767. |
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C. Additional Provisions for Personal Internet Banking Services Only
In addition to the aforementioned, the following provisions in this section apply only to Personal Internet Banking Services.
1.Limiting Your Loss on Unauthorized Transactions
If your GATE-Net™ password has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your GATE-Net™ password without your permission to access a Bank deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.
Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section may be extended.
These limitations on your liability for unauthorized transfers do not apply to any transactions initiated with fraudulent intent by you or any person acting in concert with you.
2.In Case of Errors or Questions About Your Electronic Transfers
In case of errors or questions about your electronic transfers, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt, telephone our Bookkeeping Department at 1-225-342-8610, Monday through Friday 9:00 a.m. through 5:00 p.m. (Central Standard Time), send an E-mail to ntheel@amgb.com, or write to American Gateway Bank. ATTN: Bookkeeping Dept., P.O. Box 500, Port Allen, LA 70767. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
a.Tell us your name and account number.
b.Describe the error or the 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.
If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days.
We will tell you the results of our investigation 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 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 within 10 business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. |
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D. Virus Protection
American Gateway Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even you hardware. Additionally, you may unintentionally transmit the virus to other computers. |
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E. Access to Site by Aggregator or Other Agent of User
If you share your login ID and password with others, such person(s) will be deemed to be your authorized agent(s) for accessing the products and services on the Site, and you will be solely responsible for all transactions they conduct, even if those transactions are beyond the scope of the agreement you have with your agent. This includes any information obtained or transactions conducted by an Aggregator, or person(s) who obtain your login ID and password through an Aggregator. An Aggregator uses a method called screen scraping to collect your Internet account information from various sources and consolidate it in one place. You will be asked to provide your login ID and password for your Internet accounts to the Aggregator to be maintained by the Aggregator and used to access your Internet accounts. Whether or not to use an aggregation service is a decision requiring careful review of the risks and of the specific Aggregator providing the service. Since your confidential login ID, password and account information will be stored with the Aggregator, it is essential that you have confidence in the Aggregator and its security, and be satisfied with the terms of the Aggregator's privacy policy and user agreement.
American Gateway Bank is not an Aggregator. |
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VII. LIMITATION OF LIABILITY
Notwithstanding any other provision of this Internet Banking Agreement, we shall not be liable for any loss, expense or delay caused by accidents, strikes, fire, floor, war, riot, electrical or mechanical failure, software, acts or omissions by you, or any thirds parties (including but not limited to acts or omissions of any telephone communications carrier), acts of God or any other cause or causes which are beyond its reasonable control. Our entire liability and your sole remedy under this Internet Banking Agreement, whether or not the claim is in contract or tort, shall not exceed an amount of fees charged by us to you for your use of the Internet Banking services during the three (3) month period preceding the date of the event giving rise to the cause of action. |
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VIII. COMMUNICATIONS BETWEEN BANK AND YOU
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
E-mail - You can contact us by e-mail at support@amgb.com (Please note that banking transactions through the Internet Banking Service are not made via e-mail.)
Telephone - You can contact us by telephone at 1-225-387-0011
Facsimile - You can contact us by fax at 1-225-383-4420
U.S. Mail - You can write to us at:
AMERICAN GATEWAY BANK
P.O. Box 500
Port Allen, LA 70767
In Person - You may visit us in person at any one of our locations:
11307 Coursey Boulevard, Baton Rouge, LA
320 N. Alexander Avenue, Port Allen, LA
729 South Vaughan, Brusly, LA
4610 Poydras Bayou Road, Erwinville, LA
4944 Florida Boulevard, Baton Rouge, LA
10725 Perkins Road, Baton Rouge, LA
2020 S. Burnside Avenue, Gonzales, LA (moving soon to 1821 West Hwy. 30 in Gonzales, LA)
412 4th Street, Baton Rouge, LA
7880 Jefferson Highway, Baton Rouge, LA
31635 LA Hwy. 16, Denham Springs, LA 70726 |
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IX. MISCELLANEOUS FEES AND CHARGES
Miscellaneous fees and charges will be charged in accordance with the Bank's published Schedule of Fees and Charges. |
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X. CONSENT TO ELECTRONIC DELIVERY OF NOTICES
You hereby agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any and disclosures required by law, including Electronic Fund Transfer disclosures, may be made electronically by posting the notice on the American Gateway Bank website or by e-mail. You agree to notify us immediately of any change in your e-mail address. You may terminate your consent to electronic delivery of notices at any time by providing us with written notice of your desire to terminate your consent by U.S. mail or by fax. The termination of your consent to electronic delivery of notices will take effect on or before the close of the third (3rd) Business Days following our receipt of your notice advising us of the termination of your consent to electronic delivery of notices. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. Accounts electronic only in nature will be transferred to an account with No Electronic Delivery of Notices as indicated in your account Disclosure Statement. |
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I have read and AGREE to the above disclosures
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I have read and DISAGREE to the above disclosures
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Equal Housing Lender - Member 
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