NetBanking Disclosure

E- SIGN CONSENT

Before enrolling in WestStar Bank’s Net Banking Service, you must read and indicate your acceptance of the terms outlined below.

  1. At Bank’s option, disclosures, records, and other information being provided to you through NetBanking will be in electronic form, and by providing this consent, you agree to the electronic format.
  2. If you wish to obtain information in paper, the paper version will be mailed to you at no cost. To request a paper version, contact WestStar Bank, 500 North Mesa, El Paso, Texas 79901: Attn: NetBanking Customer Service at 1-915-532-1000.
  3. Your consent covers all NetBanking transactions you conduct online, including without limitation, any transactions you may conduct under the Bank’s Bill Payer Service, if you enroll in that service. Your consent will be effective for as long as you remain a subscriber to any of these services.
  4. After you have read and indicated your consent to receive all information in electronic form, you have the right to withdraw your consent at any time at no cost to you. However, if you do, your use of the Bank’s NetBanking Service will be terminated.
  5. If you wish to withdraw your consent, you must contact WestStar Bank, 500 North Mesa, El Paso, Texas 79901: Attn: NetBanking Customer Service at 1-915-532-1000.
  6. In order to ensure that we are able to provide you with important notices and other information from time to time, you must update us with any change in your email address.The form to change your email address is available upon request from WestStar Bank, 500 North Mesa, El Paso, Texas 79901: Attn: NetBanking Customer Service at 1-915-532-1000.
  7. The following are the hardware and software requirements for access to and retention of the information being provided to you in electronic form:

WINDOWS®:

  1. Win98, NT, 2000, ME, XP, Vista, Win 7
  2. A browser that supports 128-bit encryption, such as Google Chrome 11, or Microsoft Internet Explorer 8.

MACINTOSH:

  1. Mac OS 10.5 or higher
  2. A browser that supports 128-bit encryption, such as Firefox 3.5 or Safari.

If a change in hardware or software requirements is needed to access or retain information being provided to you in electronic form, we will provide you with an explanation of the revised hardware or software requirements for such access and retention. You will have the right to withdraw your consent at that time at no cost to you. If you wish to withdraw your consent, you must contact WestStar Bank, 500 North Mesa, El Paso, Texas 79901: Attn: NetBanking Customer Service at 1-915-532-1000.

By providing your consent, you are confirming to WestStar Bank that you are able to access all of the disclosures, records, and other information provided to you in electronic form.

If you agree to the above terms, continue to the NetBanking Agreement listed below.

NetBanking Agreement

PLEASE READ THIS DOCUMENT CAREFULLY. TO USE WESTSTAR BANK’S NETBANKING SERVICES, YOU MUST REVIEW AND AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT.

Introduction

This document ("Agreement") sets out the terms and conditions applicable to WestStar Bank’s internet banking ("NetBanking") services. As used herein, the terms "WestStar Bank," "Bank," "we," "us," or "our" mean WestStar Bank, a Texas banking corporation. The accounts covered by this Agreement (the "Accounts" whether one or more) include accounts which we determine are eligible for our NetBanking services and which are maintained by any person, individual, partnership, association, corporation, or other entity (referred to as "you", "yours", or "Customer", whether one or more). While this Agreement generally covers the terms and conditions relating to your Accounts with respect to transactions carried out through online or internet banking, other documents have been provided to you, or have been made available to you, when you opened your Accounts or at other times. The terms of those other documents will also cover your Accounts unless there is a conflict between another account-related documents and this one. In a case involving NetBanking or other online or internet transactions, the terms of this Agreement will control. In addition, if any representative of the Bank makes a statement which is in conflict with this Agreement, the provisions of this Agreement will control.


System Requirements and Passwords

To use the NetBanking service, you must have a password and the required hardware and software. You are responsible for obtaining, installing, maintaining and operating all necessary computer hardware and software in accordance with the requirements of the providers of such equipment and the system requirements established by the Bank from time to time. You are responsible for obtaining internet services through the internet service provider of your choice, and you are solely responsible for paying all fees imposed by your internet service provider and for any problems associated with the service provided by the internet service provider you have chosen. You agree that all online transactions with the Bank must occur via an electronic connection (such as through an Internet server) or, in some instances where paper confirmation is necessary or appropriate, through the U.S. Postal Service. You acknowledge and agree that your online transactions at the Bank, including accessing account records, making withdrawals, giving payment instructions, etc., will be authorized and/or initiated by the use of passwords, access codes, or other such electronic identifying means as the Bank may implement from time to time (herein a "Password"). Different types of transactions may require a different Password or electronic identifier.

Basic NetBanking Services

The following basic features and functions may be performed by you when you use NetBanking with your password:

Obtain balance information on your eligible Accounts linked for NetBanking, and review the last 60 calendar days’ account transactions (from date of initiating NetBanking) for your Accounts for which information is provided on NetBanking.

Transfer funds among your WestStar Bank deposit Accounts as long as such accounts have been linked for access through NetBanking. Note: Not all Bank accounts are eligible to be linked for transfer via NetBanking. WestStar Bank reserves the right to limit transfer eligibility to certain types of accounts and to change such eligibility from time to time. Accounts established under any applicable state law’s Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, estate accounts or formal trust (except for Totten trust) accounts linked for NetBanking are not eligible for transfers between accounts or for making payments.

Note: Any transfer made from any of your savings or money market accounts by using NetBanking is a restricted transfer subject to certain limitations. Please refer to our Deposit Account Agreement for full details.

Make payments from certain of your WestStar Bank checking accounts to selected payees of your choice located within the United States (tax payments or payments made pursuant to court orders or fines are not allowed).

E-Mail

As used herein the term "E-Mail" means secure two-way electronic correspondence between you and NetBanking Customer Service; it also means the manner by which and the facility through which, such secure electronic correspondence is transmitted and received between you and WestStar Bank within the NetBanking service. Please note that E-Mail may not be used to initiate NetBanking transactions. You may also contact us by calling (915) 532-1000 or writing to us at WestStar Bank, 500 North Mesa, El Paso, Texas 79901, Attn: NetBanking Customer Service. You agree that you will not use any E-Mail feature of the NetBanking service for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening. WestStar Bank shall be entitled, but is not obligated, to (1) review or retain your E-Mail for, among other reasons, monitoring the quality of service you receive, your compliance with this Agreement and the security of your Accounts, and (2) disclose your E-Mail to the same extent it may disclose other information about you or your Accounts as provided elsewhere in your Account Agreement(s). In no event will WestStar Bank be liable for any costs, damages, expenses or other liabilities incurred by you as a result of such activities by WestStar Bank. Your monthly account statement will show any transfers or payments on NetBanking, if any, that have been made to, or from, such account during the month covered by the statement.


Additional Definitions and Terms of Use

As used in this Agreement, the following terms have the following meanings:
"Bill Payer" and "Bill Payer Service" means the bill payment optional service provided through NetBanking.

"Business Day" means Monday through Friday, excluding Bank holidays.

"Current Day" refers to payments or transfers which are scheduled with a current day Payment Date or Transfer Date (i.e., the payment or transfer is scheduled to begin processing the same date as the instructions are entered).

"Cutoff Time" means the time by which you must transmit payment instructions to have them considered entered on that particular Business Day.

"Electronic Payment" means a Payment made by electronic transfer through the Bank’s Bill Payer Service.

"Future Dated" refers to payments which are not scheduled to begin processing on the Current Day. Future Dated payments include any payment instruction entered after the Cutoff Time on any Business Day or any payment instruction entered on a non-Business Day;

"ID Number" means the number that we send in response to your payment instruction to confirm that your instructions have been received by WestStar Bank;

"Paper Draft" means a Payment made through Bank’s Bill Payer Service using a paper check rather than an Electronic Payment.

"Payment" means bill payment instructions you transmit for processing through Bank’s Bill Payer Service (including Pending Payments and Recurring Payments) and/or payments which have been processed through NetBanking, as the context requires;

"Payee" means the merchant or other person or entity to whom you wish a payment to be directed;

"Payment Date" means the Business Day of your choice upon which your payment will be sent and the day as of which your Transfer From Account will be debited;

"Pending Payment" means any payment instruction which you have ordered to be made which has not been canceled by you before the Cutoff Time on the Payment Date;

"Recurring Payment" means automatic recurring payments to the same Payee for the same payment amount which you can authorize for payment at certain regular intervals;

"Transfer" and "Transfer Service" means the transfer of funds from one Account to another Account through NetBanking.

"Transfer From Account" means your WestStar Bank deposit account from which Payments or Transfers will be made hereunder;

Transfer Service

To use NetBanking for Transfers, you must maintain at least two deposit Accounts with WestStar Bank, among which you may Transfer funds. You authorize WestStar Bank to charge your designated Transfer From Account for all Transfers of funds that you authorize through NetBanking. We will not be obligated to make any Transfer you may request unless there are sufficient available funds in your Transfer From Account to cover the Transfer on the date of such request. You agree that WestStar Bank may, at its option, follow your instructions to make the Transfer, even though a debit to your Transfer From Account may bring about or increase an overdraft. In the event of an overdraft to your Transfer From Account, WestStar Bank may charge any other of your accounts for the amount of the overdraft.

Bill Payer Service
To use the NetBanking Bill Payer Service you must separately enroll and you must maintain a checking account with WestStar Bank and designate one of your eligible WestStar Bank deposit accounts as your Transfer From Account. As a NetBanking subscriber, you can arrange at your option, for the payment of your current, future and recurring bills and WestStar Bank Payments from your Transfer From Account up to a maximum of $10,000 per payment each Business Day. You may select up to 99 Payees located within the United States to pay using NetBanking, subject to WestStar Bank’s and the Payee’s approval, and subject to the following exceptions: you agree not to use NetBanking to pay Payees to whom you are obligated for tax payments or payments made pursuant to court orders or fines. The limitations stated herein are for the Bank’s protection, and may be waived by Bank at any time, in whole or in part, at Bank’s sole discretion. By furnishing us with the names and account numbers (if applicable) of the Payees you wish to pay, you authorize us to follow the Payment instructions to these Payees that we receive through NetBanking. When we receive a Payment instruction (for the current or a future date), we will send funds to the Payee on your behalf, from the funds in your Transfer From Account, either by Electronic Payment or by Paper Draft, as applicable.

It is your responsibility to have sufficient available funds in the Transfer From Account on the Payment Date for Payments you schedule or make. We will not be obligated to make any payment of any item unless and until there are sufficient available funds in your Transfer From Account to cover the payment on the Payment Date. If there are insufficient available funds to cover a Current Day Payment, no automatic representment of the Payment will be attempted by WestStar Bank and the payment will be immediately rejected. If on the Payment Date of a Future Dated Payment there are insufficient available funds in your applicable account to complete the scheduled Payment, it will not be processed at that time, no automatic representment of the Payment will be attempted by WestStar Bank, and the payment will be immediately rejected. You agree that WestStar Bank may, at its option, follow your instructions to make payments to a named Payee, even though a debit to your Transfer From Account may bring about or increase an overdraft. In the event of an overdraft to your Transfer From Account, WestStar Bank may charge any other of your accounts for the amount of the overdraft.

While it is anticipated that we will begin processing most transactions on the Payment Date you select, it is understood that due to circumstances beyond our control, particularly delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a few days longer to be credited by your Payee to your Payee account. Therefore, you must choose a Payment Date which is at least five to eight Business Days in advance of the actual due date (not the late date) of your Payment obligation. WestStar Bank is not responsible for any late charges, finance charges, interest, fees, penalties or any other actions which may be taken by a Payee as a result of a late Payment.

You authorize WestStar Bank to charge your designated Transfer From Account for all payments that you authorize through NetBanking. WestStar Bank and any agent used by WestStar Bank in connection with the NetBanking service is authorized to prepare drafts drawn on your Transfer From Account and/or electronically debit your Transfer From Account for the purpose of making Payments.

Because your Payment instructions are transmitted to us on your computer, the Payment will not be sent to your Payee with the Payee’s payment stub. Payments received without the payment stub are sometimes processed at a different location. Some Payees may take longer to post the payment to your account if the payment stub is not included with the payment, although federal regulations may limit certain creditors (such as credit card issuers) to a period of up to five (5) days. For this reason, WestStar Bank recommends that you contact your Payees to ensure that you have the right address and that you schedule payments in sufficient time to allow for your payment to be sent to your Payee and the payment to be posted.

WestStar Bank remits two types of payments on your behalf to pay your Payees through Bill Payer - Electronic Payment and Paper Draft. If your Payee is capable of receiving payments electronically through the Bank’s system, and if WestStar Bank has the electronic information, WestStar Bank will attempt to transmit your Payment electronically so that Payments are received by the Payee as quickly as possible. Payees who are not capable of accepting Electronic Payments through the Bank’s system, or for whom the Bank does not have all necessary information, will be paid by a Paper Draft drawn by WestStar Bank on your behalf. These Paper Drafts are not negotiable after 180 days. Occasionally, Paper Draft payments are not cashed by your Payee within the 180-day negotiable period. When this happens, WestStar Bank’s processor will return the funds to WestStar Bank, usually within 60-90 days of the expiration of the negotiable period, and upon receipt thereof, WestStar Bank will notify you and immediately recredit your Transfer From Account. WestStar Bank has no liability to you, your Payee or any other party for refusing payment on any check which remains outstanding after 180 days.

WestStar Bank reserves the right to refuse to pay any Payee whom you may designate for a payment. The Bank will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to pay tax or court related payments or payments to Payees located outside the United States, each of which is prohibited under this Agreement.

Duplicate Payments entered for the same amount, Payee and Payment Date will be rejected and an error message will be displayed.

NetBanking Interruptions

If for any reason your Transfer or Bill Payer Service connection is interrupted during an online session, you should sign on to NetBanking again, check the "View Postings" window from either the transfer or pay bills screens, as applicable, to see if the payment and/or transfer instruction is displayed, and make a note of the WestStar Bank ID Number. If the payment and/or transfer instruction does not appear in the appropriate screen, it was not received by WestStar Bank and you should re-enter it.

Changing or Stopping Payments

You may cancel or change any Pending Payment via NetBanking if you do so no later than the Cutoff Time on the Payment Date. Except as otherwise required by applicable law, no stop payment or similar order will be processed by Bank, either for Electronic Payments or Paper Drafts, after the Cutoff Time on the Payment Date.

If you desire to cancel a Future Payment or Recurring Payment, you should cancel your payment online. If for any reason you cannot access NetBanking, you may also call or write NetBanking Customer Service at the phone number or address set forth in this Agreement. Regardless of the method used to cancel your Recurring Payment, we must receive your request three (3) Business Days or more before the scheduled Payment Date of the Recurring Payment. If you call, we may also require you to present your request in writing within fourteen (14) days after you call.

NetBanking Times and Cutoffs

NetBanking is available twenty-four hours a day, seven days a week, except during system maintenance periods and at such times you may experience a delay or may not be able to gain access to the system. Transfers and Current Day Payments made before the Cutoff Time will be deducted from your Transfer From Account no later than the close of business on that Business Day. All Transfers or Current Day Payments initiated on any non-Business Day or after the Cutoff Time on any Business Day, will be deducted from your Transfer From Account as of the next Business Day. The Cutoff Time for all Transfers or Payments is 3:00 p.m. Mountain Time on any Business Day. Recurring Payments which are for the same fixed amount at regular intervals will be paid by the close of business on the scheduled date of such Recurring Payments, or on the following Business Day if the regular payment day falls on a non-Business Day. In the event of a conflict between the time indicated on your computer and WestStar Bank’s internal system clocks, the time shown on WestStar Bank’s system will prevail. Please make arrangements to transmit any instructions to WestStar Bank sufficiently in advance of the Cutoff Times to eliminate the possibility of missing the cutoff.

Security Measures

You agree that any transaction (including, but not limited to, payment and withdrawal instructions) received by the Bank which has been initiated using your Password will be deemed to be authorized by you. The Bank’s records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to Bank and, in the absence of manifest error, will be binding and conclusive.

You agree to keep all Passwords, screen names, and other identifying designations confidential, to take all reasonable precautions and to make all reasonable efforts to protect the secrecy of any Password selected by you. If your Password becomes lost or known to another person, you agree to notify the Bank immediately and to immediately change your Password. The Bank may, but is not required to, confirm certain transactions using different security measures, such as a telephone call to confirm the validity of the transaction. The Bank’s use of any security measure is undertaken at the Bank’s sole discretion. The use of any measure at any time will not bind the Bank to use such method in the future. Except for transactions governed by Federal Reserve Board Regulation E, you agree to indemnify and hold the Bank harmless from any liability, cost, expense, or damages which the Bank may incur as a result of acting upon instructions or implementing transactions which bear your Password. Further, you agree that the Bank is not liable for any payment, transfer, or transaction from or to any Accounts where the payment, transfer, or transaction bears the appropriate Password.

In addition to this Agreement, you agree to be bound by and comply with such other written requirements as we may furnish to you from time to time in connection with either our NetBanking services or products which may be accessed through our NetBanking services, and also with our rules and regulations, the license agreement of any service provider or browser utilized to access our online services and applicable state and federal laws and regulations. Bank reserves the right to terminate or suspend this Agreement and the services covered hereby, in whole or part, at any time for any reason without prior notice, except if notice is expressly required by law. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Bank may assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

Disclosures for Consumer Accounts
Your Liability for Unauthorized Transfers or Payments

If you permit other persons to use NetBanking or your Password, you are responsible for any transactions they authorize from your Accounts. If you believe that your Password has been lost or stolen or that someone has made payments, transferred or may transfer money from your account without your permission, notify us AT ONCE, at (915) 532-1000 or write to us at WestStar Bank, 500 North Mesa, El Paso, Texas 79901, Attn: NetBanking Customer Service. If you do not do so, you could lose all the money in each of the accounts, as well as all of the available funds in any overdraft line of credit account.

If you believe your Password has been lost or stolen or that an unauthorized transfer or payment has been made from any of your accounts, and you tell us within two (2) Business Days after you discover the loss or theft, you can lose no more than $50 if someone used your Password without your permission.

If you do not tell us within two (2) Business Days after you discover the loss or theft of your Password or that an unauthorized transfer or payment has been made from any of your accounts, and we can prove we could have stopped someone from making a transfer or payment without your authorization if you had told us, you could lose as much as $500.

Also, if your account statement shows transfers or payments that you did not make, tell us AT ONCE. If you do not tell us within sixty (60) days after a statement showing such a transfer or payment was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason, such as a long trip or hospital stay, kept you from telling us, we will extend the time periods.

Our Liability

If we do not complete a transfer or payment to or from an eligible account on time or in the correct amount according to our agreement with you, we will be liable for those damages as the law imposes in such cases. However, there are some exceptions. We will not be liable, for example:

  1. If, through no fault of ours, your account does not contain sufficient funds to make the transfer or payment and the transfer or payment would exceed any overdraft for such account.
  2. If the NetBanking service, your operating system or software was not functioning properly at the time you attempted to initiate such transfer or payment and it was evident to you at the time you began the transfer or payment.
  3. For circumstances beyond our control, such as fires, floods, acts of God, power outages and the like.
  4. If the Payee mishandles or delays processing or posting a payment sent by NetBanking.
  5. If you failed to provide the correct Payee names or account information.
  6. If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a payment.

The list of examples set out in this Section is meant to illustrate circumstances under which we would not be liable for failing to make a transfer or payment and is not intended to list all of the circumstances where we would not be liable.

Error Resolution Notice

In case of errors or questions about your electronic Transfers you should call us at (915)532-1000 or write to us at WestStar Bank, 500 North Mesa, El Paso, Texas 79901, Attn: NetBanking Customer Service. if you think that your statement is wrong or you need more information about a transfer or payment listed on the statement. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.

Tell us your name and the account number(s) of the account(s) involved.
Describe the error or the transfer or payment you are uncertain 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 you tell us in person or by telephone, we may require that you send us your complaint or question in writing within ten (10) Business Days.

We will determine whether an error occurred within ten (10) Business Days (twenty (20) Business Days if the transfer or payment involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days if the transfer or payment involved a new account) to investigate your complaint or question. If we decide to do this, we will recredit the account in question within ten (10) Business Days (twenty (20) Business Days if the transfer or payment involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. Such recrediting is referred to as a provisional recredit. 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 provisionally recredit the account(s) that was the subject of your complaint. Your account is considered a new account for the first thirty (30) days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

If we find there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we provisionally recredit your account, we may take back the amount of any credit if we find that an error did not occur.

Liability For Business Accounts

The following provisions apply to NetBanking services you use if your account is a business account.

  • You must promptly report in writing any error in connection with any NetBanking transaction or any discrepancy between your records and any notice we send you relating to a NetBanking transaction. Unless some other provision of this agreement or another agreement provides for a shorter time, any time over 60 days is not a reasonable time to notify us of errors or discrepancies.
  • You agree to the maximum extent possible permitted by law that WestStar Bank and its officers, directors, agents, and employees will not be liable to you for any and all loss, liability, and expense (including reasonable attorneys’ fees) arising from the services performed by the Bank in connection with NetBanking services, except for those losses caused directly by our failure to exercise ordinary care or to act in good faith. You and we agree that clerical errors and mistakes in judgment do not constitute a failure to exercise ordinary care or to act in good faith. THE BANK WILL NEVER BE LIABLE OR RESPONSIBLE FOR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS (WHETHER OR NOT ANY OF THE BANK WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES).

Miscellaneous Provisions Waivers

The Bank has the right to waive any of its rights under this Agreement at any time without obligating itself to treat future situations in the same manner.

Governing Laws

All the Bank’s actions relating to the Accounts, including but not limited to this Agreement will be governed by the laws and regulations of the State of Texas and the United States. Any action brought in a court of law concerning the Accounts must be brought in a proper court in El Paso County, Texas. If any part of this Agreement is determined to be invalid or unenforceable such determination will not affect the remainder of this Agreement. Notices sent to the Customer are effective when electronically transmitted, mailed, or delivered to Customer at Customer’s electronic mail address or physical address provided to the Bank. On joint Accounts, notice to any one party will be effective for all.

Amendments

The Bank may amend this Agreement and other conditions under which your Accounts operate, including but not limited to the imposition of fees or the change in any fees currently listed in its schedule of fees. You authorize us to charge any one of your Accounts for the fees. If required by law, notice of the change in this Agreement or in the applicable fees will be given to you at least thirty days prior to the effective date of the change. By continuing to use your Accounts after the date of any change, you agree to be bound by the changes.

Two Signer Accounts

Payments or transfers should not be requested from any account that requires two or more signatures. You agree not to change the account documentation to require two or more signatures until you have first notified us in writing to terminate access to such accounts. No such change will be effective as to your NetBanking service until we receive the notice and have a reasonable opportunity to act. If any account that requires two or more signatures elects to use NetBanking, you will be deemed to have removed any requirement for two or more signatures for all purposes with respect to your Accounts.

Cancellation of NetBanking Services

If you wish to cancel your NetBanking Services, you must notify us by E-Mail or in writing to WestStar Bank, 500 North Mesa, El Paso, Texas 79901, Attn: NetBanking Customer Service. Such notice will cancel NetBanking Services only, not your other banking relationships with us, and will be effective only after we have had a reasonable opportunity to receive and act upon your instructions. You are solely responsible for canceling any Future Payments and Recurring Payments at the time you cancel your NetBanking Services.

Limitation of Liability and Indemnification

EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANOTHER DOCUMENT GOVERNING YOUR ACCOUNT, AND UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, BANK SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY ARISING IN ANY WAY OUT OF BANK’S NETBANKING OR OTHER ONLINE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF BREACH OR FAILURE OF ANY SECURITY SYSTEMS, LACK OF ACCESS TO THE NETBANKING SERVICES, ANY FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES, TELEPHONE SERVICE OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND BANK’S CONTROL. BANK’S NETBANKING AND OTHER ONLINE SERVICES ARE PROVIDED "AS IS." WE DO NOT MAKE ANY WARRANTIES CONCERNING THE NETBANKING SERVICES, THE EQUIPMENT, THE SOFTWARE, THE BROWSER OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF BANK NETBANKING OR OTHER ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL BANK BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHETHER OR NOT THE CLAIM IS BASED UPON CONTRACT OR TORT OR WHETHER THE BANK SHOULD HAVE KNOW THE LIKELIHOOD OF SUCH DAMAGES UNDER THE CIRCUMSTANCES.

Except to the extent that we are liable under the terms of this Agreement or another document that governs your Accounts, you agree to reimburse the Bank for any damages, losses, liabilities, expenses, and fees, (including, are not limited to, attorney’s fees) that the Bank incurs in connection with your Accounts.

If you elect to enroll in Bank’s optional Bill Payer Service as a part of your NetBanking, you will be subject to the following additional terms and conditions, which supplement your NetBanking Agreement with the Bank:

Bill Payer Service Fees

Bill Payer Service is free to all customers.

Bill Payer Cancellation

You can cancel Bill Payer Service  at any time by calling or writing the Bank, at WestStar Bank, 500 North Mesa, El Paso, Texas 79901, Attn: NetBanking Customer Service, (915) 532-1000.  

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