Gate-Net Bill Pay Authorization & Agreement

1. Agreement

This Internet Bill Pay Service Agreement (the "Service Agreement") contains the terms and conditions governing the Internet Bill Pay Service (the "Service"), including disclosures required by federal law. Please read this Service Agreement carefully and keep a copy for your records. You authorize American Gateway Bank, to establish Internet Bill Pay Service to enable you to perform any and all transactions described in the Internet Bill Pay Authorization and Agreement. You authorize us to process transactions for you as requested by you from time to time, and you authorize us to post transactions to your deposit account(s) as directed. You further authorize the Bank to make automatic recurring payments in such manner as you direct. You authorize the Bank to debit your deposit account(s) for any and all fees for the services you have chosen to utilize. You understand that your deposit account will be debited monthly until you cancel a service that you have chosen. You agree that your submission to enroll for use of the Internet Bill Pay Service will signify your acceptance of the terms of this Internet Bill Pay Authorization and Agreement and of the American Gateway Bank Online Access Agreement and Electronic Funds Transfer Act Disclosures. By submitting application to enroll for use of the Internet Bill Pay Service, you acknowledge that you have read, understand and agree to these terms.

2. Defined Terms

As used in this Service Agreement, the following terms shall have the following meanings:

  • "Bank" means American Gateway Bank.
  • "Business Day" means Monday through Friday, excluding federal holidays.
  • "Cutoff Time" means 2:00 p.m., Central Standard Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.
  • "Designated Deposit Account" means your checking or money market account from which any or all bill payments will be made.
  • "Due Date" is the date reflected on your Payee statement on which the payment is due. It is not the late date or grace period. "Today's Payments", "Future Payments", and Recurring Payments" are payments that have been scheduled through the Service but have not been processed.
  • "Payee" means the biller or merchant to whom you wish a bill payment to be directed.
  • "Payment Instructions" means the information provided by you to the Service for a bill payment to be made to your Payee (e.g., Payee name, account number, payment date, etc.).
  • "Send On Date" means the Business Day of your choice upon which your bill payment will be made unless the Send On Date falls on a non-Business Day in which case the Send On Date will be considered to be the next Business Day.
  • "We," "our," and "us" mean the Bank and any agent, independent contractor, designee, or assignee the Bank may, in its sole discretion, employ in the provision of the Service.
  • "You" and "your" mean each person who owns or jointly-owns an eligible deposit account with American Gateway Bank and enrolls in the Service.

3. Enrollment in and Activation of Internet Bill Payment Service

To use the Internet Bill Payment Service, you must submit a completed and signed Enrollment Form to the Bank. You understand that you must have a checking account at the Bank and designate it as your Designated Deposit Account on the Enrollment Form. An additional PIN or password is not needed to access this service.

By using the Internet Bill Payment Service option, you agree that the Bank may withdraw funds from your Designated Deposit Account to pay all bill payments the Bank is instructed to make under your password, and that the payees will be paid by paper check or electronically. You also agree that the fees for your use of the Internet Bill Pay Service will be charged to your Designated Deposit Account.

Use of your Password to access Internet Banking will be considered as your written signature authorizing us to complete any transaction or request communicated through Internet Bill Pay Service.

You agree to have available and collected funds on deposit in the Primary Account in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations you have to the Bank.

4. Designation of Payees

You must also set up Your Current Bill Payer List, including the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be mailed. If the payment is sent electronically, your account will be debited as early as the same day, depending on the designated payee. While American Gateway Bank provides a list of common merchants for your convenience, it is your responsibility to verify correct payee information, including but not limited to, the payee's name and address. Additionally, you must include your account number with the merchant and any other pertinent information in your instructions. Use the Modify This Entry button to make the appropriate changes and to add personalized information. You may also add a new payee to your list of payees if a payee is not on the provided list, or delete a payee from Your Current Bill Payer List. The Bank is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a payee or if you attempt to pay a payee that is not on your Current Bill Payer List.

5. Payment Instructions and Authorization

You must provide detailed instructions for each payee, including Payee's name, address, your account number with payee (if any), the payment amount, and the frequency of payment. By providing the Bank with names and account information of Payees to whom you wish to direct payments, you authorize the Bank to follow your payment instructions. In order to process payments more efficiently and effectively, you authorize the Bank to edit or alter payment data or data formats in accordance with instructions we receive from your designated Payees. Payment instructions received after 2:00 p.m. Central Time ("Cutoff Time") or on non-Business Days will not be processed till the next business day. Payment may be made by either paper check or in some cases by electronic transfer through the Automated Clearinghouse system (ACH). If payment is made by paper check, the check will not be signed by you but you authorize that any check issued in this manner will be valid. We are not responsible for the delay payments due to the U.S. Mail or failure of the payee to post receipt. The payment deadline is controlled by the Payee. In order to avoid late payments, make payment date 10 business days prior to due date. If you enter a payment date less than this criterion, you will bear the responsibilities, late charges, and penalties if it is not received in time. If the bill is returned in any case, you will be responsible for its re-initiation. All bills must be paid through your designated checking account.

You understand and agree that it is your responsibility to authorize bill payments in such a manner that the bills will be paid on time and that the Payee will receive your payment no later than the Due Date on the statement provided to you by the Payee.

  • 5.1. Prohibited Payments and Service Limitations - Payments to those located outside of the continental United States are strictly prohibited. You may not make a payment of alimony, child support, taxes or other governmental fees, and court-directed payments by means of Internet Bill Pay. The Bank reserves the right to refuse to pay any person or entity to whom you have directed payment. If the Bank does so, we will notify you promptly. This notification is not required, however, if you attempt to make a prohibited payment under this Agreement.
  • 5.2. Information Authorization - Your enrollment in the Internet Bill Pay Service may not be fulfilled if we cannot verify your identity or other necessary information. You agree that we reserve the right to obtain financial information regarding your account from a Payee to resolve payment-posting problems.
  • 5.3. Payment Remittance Exceptions - You understand the Bank will use its best efforts to properly and timely make all your payments. However, you agree the Bank shall incur no liability, and any Service Guarantee shall be void, if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances: If, through no fault on our behalf, your Designated Deposit Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit on any applicable overdraft line of credit; The Bank's payment processing center is not working properly and you know or have been advised by us about the malfunction before you execute your bill payment instructions; The Payee mishandles or delays a payment sent by us; You have not provided the Bank with the correct Designated Deposit Account information, or the correct name, address, phone number, or account information of the Payee; and/or, Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bank has taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Bank causes an incorrect amount of funds to be removed from your Designated Deposit Account or cause funds from your Designated Deposit Account to be directed to a Payee which does not comply with your payment instructions, you understand and the Bank agrees, that the Bank shall be responsible for returning the improperly transferred funds to your Designated Deposit Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, the Bank shall reimburse you for any resulting late payment related charges you have incurred up to $50.00. If at the time funds are to be removed from your Designated Deposit Account and there are insufficient funds, and we pay the bill, you understand and agree that you are responsible for reimbursing the Bank for the amount of the deficit, along with any additional fees. You further understand that any and all payments by the Bank in these circumstances are purely at its discretion and that the payment by us of any bills under these circumstances in no way obligates the Bank to pay the same or similar bills in the future.
  • 5.4. Payment Methods - The Bank reserves the right to select the method by which it will remit funds on your behalf to your payee. These payments may include, but are not limited to, an electronic payment or a paper draft.

6. How to Cancel a Bill Payment

If you desire to cancel or stop any payment that is listed under Today's Payments, Future Payments, or Recurring Payments, you must cancel the payment online via the System by following the onscreen instructions located on the "View Postings" screen of the Pay Bills function before 2:00 p.m. (Central Time) on the Send On Date. Although we will make every effort to accommodate your request, we will have no liability for failing to do so.

7. Stop-Payment Requests

Stop payment requests will be accepted only if we have a reasonable opportunity to act on such requests. Stop payment requests sent to us via electronic mail will not reach us in time for us to act on your request. The check number is the posting identification number found on the "View Postings" screen. You may access a Stop Payment Request for in the Other Services section of your Internet Banking. 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 submit the payment. The charge for each stop payment order will be the then current charge for such service as set forth in the Deposit Account Agreement you received when opening your depository account, as amended from time to time. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. You CANNOT stop payment if an electronic payment was made.

  • 7.1. In the Event an Internet Bill Pay Service Transaction Is Returned - In using the Internet Bill Pay Service, you are requesting that we make payments for you from your Designated Deposit Account. If we are unable to complete the transaction for any reason (for example, your instructions gave a wrong Payee account number or address), the transaction may be returned to us. We will recredit your Designated Deposit Account for the amount of the returned transaction and mail you a notice of the deposit. In such case, you agree that payment may not be received by the Payee by the due date, and that you will be liable for any late fees or other consequences resulting from a late payment. A payment returned due to an error on your part will result in your Designated Deposit Account being assessed the then current charge for such service as set forth below in the Additional Charges for Customer Requested Services and Other Items section of this Agreement. You will be responsible for re-initiating the transaction with the correct information.

8. Statements

All of your payments made through the Internet Bill Pay Service will appear on your monthly account statement(s). You can also view payment activity on the Internet Banking Account Detail screen.

9. Fees

Effective September 1, 2005, American Gateway Bank will offer GATE-Net Bill Pay Service at no monthly service charge for both consumers and business entities, excluding the One-on-One Free Checking. The monthly service charge for Internet Bill Pay Service on a One-on-One Free Checking is $4.95 each month. 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). You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone and/or Internet service provider.

  • 9.1. Additional Charges for Customer Requested Services and Other Items - These charges will only be assessed if you request one or more of the services listed here. There will be NO Charge for any item if needed to correct a Bank error.

    Written correspondence to Vendor - $10.00
    Per proof of payment not necessitated by a dispute - $10.00
    Per payment canceled after cut-off time and prior to disbursement - $7.50
    Payments returned due to customer error - $5.00

The Bank reserves the right to charge you for research time involving payments that are no longer available in your screen history. You will be informed of any such charges before they are incurred.

10. Inactivity

Effective September 1, 2005, if you do not access the Gate-NET Bill Pay 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 Gate-NET Bill Pay Service without notification to you.

11. Exclusions of Warranties

The Internet Bill Pay Service is without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

12. Your Liability

You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify the Bank and comply with the Bank's procedures in terminating the authority. You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment. The Bank is not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment. The Bank is not liable for any failure to make a Bill Payment if you fail to promptly notify the Bank after you learn that you have not received credit from a Payee for a bill payment. The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank's agent. In any event, the Bank will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Bank has knowledge of the possibility of them. The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond its reasonable control.

You are solely responsible for controlling the safekeeping of, and access to, your User Identification and Password ("security codes"). If you believe that any or all of your security codes have been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by contacting Internet Banking and Internet Banking Bill Pay customer service at the following number: 1-225-387-0011.

If you tell us within two (2) Business Days after you discover any or all of your security codes have been lost or stolen, and someone uses your security codes without your permission, you can lose no more than $50.00. If you fail to notify us within two (2) Business Days after you learn of the loss or theft of any or all of your security codes, and we can prove that we could have prevented the unauthorized use of your security codes had you notified us, you could lose as much as $500.00.

13. Representations, Additional Terms, and Amendment

By enrolling in the Service, you acknowledge that you have received and read this Service Agreement and agree to its terms and conditions. You also acknowledge that the Internet Bill Pay Service Enrollment Form has been submitted by one or more of the persons who is an authorized signer on the enrolled Account. You further acknowledge that you have received and read the Account Agreement and Disclosure for the enrolled Account and agree that any additional terms and conditions in those documents applicable to participation in the Service are incorporated herein as though they were fully set forth herein.

The Bank has the right to change the terms and conditions (including, without limitations, applicable) of this Service Agreement at any time, by modifying or rescinding any existing provisions or by adding any new provisions. Any such amendment shall be effective as of a date to be established by the BANK, subject to applicable law. We will send you written notice of the change in terms and conditions if such change results in increased fees to you, increased liability to you, or stricter limitations on the frequency or dollar amounts of bill payment transactions. This notice may be mailed to you at the last address shown for the Account on the Bank's records, by e-mail if you have previously authorized this delivery method, by posting notice in branches of the Bank, or as otherwise permitted by law. Any use of the Service after we send you a notice of such change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the Service in a manner that may render all prior versions obsolete. Consequently, we reserve the right to terminate this Service Agreement as to all such prior versions of the Service and limit access to our more recent revisions and updates of the Service.

14. Errors or Questions

In case of errors or questions about your Internet Banking and/or Internet Bill Pay Service, as soon as you can call the Bank at 1-225-387-0011, or send us an e-mail at support@amgb.com, or write to us at American Gateway Bank, ATTN: Internet Banking, 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. In your notification, please:

  • Tell us your name and account number (if any)
  • 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.
  • Tell us the dollar amount of the suspected error.
  • If the suspected error relates to a bill payment made via the Internet Banking Bill Pay Service, tell us the account number used to pay the bill, payee name, and the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Postings Screen).

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will tell you the results of our investigation within ten (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 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 within ten (10) business days, we may not credit your account.

We will report to you the results of our investigation within three business days after completing our investigation. If we decide there was an error, we will correct the error within one business day after determining that an error occurred. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. If we have credited your account pending the completion of our investigation, and we decide that there was no error, a corresponding debit will be made from your account. You may ask for copies of the documents that we used in our investigation.

15. Disclosure of Account Information to Third Parties

We will not disclose information to others about your account or the transfers/payments you make except in the following situations:

  • Where it is necessary for completing a bill payment transaction, or
  • To third parties who have a business purpose for requesting information regarding your Account or the Service, in order to complete your payment instructions, or
  • To credit bureaus and other consumer reporting agencies, or
  • To comply with a governmental agency or court orders or other legal process, or
  • If you give us your written permission.

16. Address Changes

You agree to notify us promptly in writing of any address change. Additionally, you agree to notify us in writing at least ten (10) business days in advance of any change in your Account status.

17. Termination of Agreement

To discontinue the Service, each user with an established bill pay user ID must notify the bank individually. In the event you wish to discontinue the Service, you may notify the Bank in one of three ways:

  1. Telephone online banking & bill pay customer service at the following number: (225) 387-0011
  2. Write us at:
    American Gateway Bank
    Attn: Internet Banking - Internet Bill Pay
    P.O. Box 500
    Port Allen, LA 70767
  3. E-mail us at: support@amgb.com

When communicating with the Bank, please tell us your name, Account number and Social Security Number. NOTE: If communicating via e-mail, please provide your name and only the last four digits of your checking account and the last four digits of your social security number. All communications through the Internet are considered unsecure and in the "open" unless otherwise indicated.

Any notice of termination from you will become effective as soon as we have had a reasonable amount of time to act on it. If you notify us verbally, you may be asked to send written notification. We may terminate the Service to any individual at any time. All fees and charges associated with the use of the Service will apply regardless of the contact date for cancellation, defined as the actual closing of your bill pay service account in the payment system, even if a new statement period or calendar month has begun. Neither termination nor discontinuation shall affect your liability or obligation under this Service Agreement. Upon cancellation, all Scheduled Payments (recurring and non-recurring), Pending Payments and payments In Process will be terminated. You remain obligated for any payments made by the Bank on your behalf.

18. Disputes

In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Service Agreement. You agree that this Service Agreement is the complete and exclusive statement of the agreement between you and us that supersedes any proposal or prior agreement, verbal or written, and any other communications between you and us relating to the Service. If there is a conflict between what one of our employees says and the terms of this Service Agreement, the terms of this Service Agreement shall control.

19. Assignment

You may not assign this Service Agreement to any other party. We may assign this Service Agreement to our successor in interest or to any, directly or indirectly, affiliated company. We may also assign or delegate certain of its rights and responsibilities under this Service Agreement to independent contractors or other third parties.

20. No Waiver

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

21. Captions

The captions of Sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Service Agreement.

22. Governing Law

This Service Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana without regard to its conflicts of laws provisions. You agree that the venue and forum for any litigation involving your account with us is in the Nineteenth Judicial District, East Baton Rouge Parish, Baton Rouge, Louisiana.

23. Severability

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable.

  • 23.1. Miscellaneous Terms - In addition to this Agreement, you agree to comply with all applicable account agreements, including, without limitation, the Deposit Account Agreement that you received when opening your depository account, as amended, and with all applicable State and Federal laws and regulations. We refer you to the Deposit Account Agreement that you received when opening your depository account, as amended, for additional terms and conditions and disclosures that apply to your accounts with the Bank, as this Agreement is an addendum to such Deposit Account Agreement.

I have read and AGREE to the above disclosures.

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