Terms & Conditions

BILL PAYING AGREEMENT/TERMS & CONDITIONS
Austin Bank, Texas N. A.

The fee for the Business Bill Paying Service is $6.95 per month for an unlimited
number of monthly transactions.

This is your Business Bill Payment Agreement with Austin Bank, Texas N.A.
(the "Bank" or "Austin Bank"). You may use Austin Bank's Business Bill Payment
service to direct the Bank to make payments from your eligible business account
to the Payees you choose in accordance with this Agreement. This Agreement is
an addendum to the Business Internet Banking Agreement that customers must
accept when enrolling for Austin Bank Online Services. In addition, this Agreement
is an addendum to the existing Deposit Account Agreement and Signature Card that
you received and signed when opening your depository account, as amended from
time to time.
As used in this Agreement, "you" or "your" refers to each person(s) subscribing to,
using or accessing the Business Bill Payment Services; "we", "us" or "our" refers
to Austin Bank and any agent, independent contractor, designee, or assignee
Austin Bank may, in its sole discretion, involve in the provision of the Business
Bill Payment Services.
As used in this Agreement, the term "Payee" means the person or entity to whom
you wish your Bill Payment to be directed; "Payment Instruction" means the
information provided by you to us for a Bill Payment to be made to the Payee
(such as, but not limited to, Payee name, Payee account number, Payee address,
and Process Date); "From Account" or "Payment Account" means your checking
account from which a Bill Payment will be made; "Business Day" means Monday
through Friday, excluding Bank holidays; "Process Date" means the Business Day
of your choice upon which your Bill Payment will begin processing and the date
the amount of the Bill Payment will be charged to your From Account (a Process
Date on a non-Business Day will be considered to be the next Business Day);
"Due Date" means the actual date the payment should be received by the Payee;
and, "Cutoff Time" means 3:00 p.m. Central Time on any Business Day and is the
time by which we must receive Payment Instructions to have them considered
entered on that particular Business Day. The Financial Institution reserves its
right to change the cut-off time by providing you proper notice. PLEASE REFER
TO THE FAQ'S LINK ON THE BILL PAY SERVICER SITE FOR ADDITIONAL
DEFINITIONS, ANSWERS TO COMMON QUESTIONS AND COMPLETE
INSTRUCTIONS ON HOW TO USE THE BILL PAYMENTS SYSTEM.
The Financial Institution 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 Authorized Payee list. The
Financial Institution reserves the right to refuse the designation of a Payee for
any reason. Each Payee accepted by the Financial Institution will be assigned
a payee code. You may pay almost any payee you wish, but there are some
restrictions:
1) The merchant must be located in the United States; 2) Payments may not be
remitted to tax authorities or government and collection agencies; 3) Payments
may not be remitted to security companies such as Ameritrade for stock purchases
or trade taxing authorities and 4) Court directed payments are unauthorized
(Alimony, child support, or other such legal debts).

ACCESSING THE SERVICE
To gain access to the Business Bill Payment Service, you must first be setup
by your Austin Bank Treasury Management Representative. After being setup for
Business Bill Pay you can sign on to Austin Bank Business Banking by entering your
Access ID and Password as directed by the Internet Banking screen message. You
can then select Account, then Summary & then click on your Bill Pay link.

THE BILL PAYING PROCESS
To use the Business Bill Payment Service, you must provide information online to
us that identify your Payees. You may add a new fixed payment to a Payee, only
if the Payee is on your authorized list of payees, and by accessing the Service
and entering the appropriate information. After entering the necessary Payee
information, please allow up to 3 business days for payee verification and
activation to your list of payees before attempting to schedule a payment.
You must provide sufficient information about a Payee to permit us to properly
direct a payment and permit the Payee upon receipt of a payment to identify
you as the payment source. You do this by filling in all required fields with
accurate information, as directed by the Business Bill Payment Service screen
messages. By providing us with the specific names and account information of
those Payees to whom you wish to direct payment, you authorize us to follow
the Payment Instructions that we receive from you through the Business Bill
Payment Service. When we receive a Payment Instruction, you authorize us to
debit your From Account and remit funds to the Payee on your behalf provided
your From Account contains sufficiently collected funds on the Scheduled
Payment Date for such payment.
You will be able to set up the following types of Bill Payments:
i. Single Payment: You may schedule a payment to be made one time to a Payee.
The payment may be scheduled on a future date, or on the same day that you enter
the Payment Instruction provided you enter the Payment Instruction by the Cutoff
Time; and
ii. Recurring Payment: You may schedule payments to Payees to be automatically
initiated in a fixed amount on the same Scheduled Payment Date every month.
FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE
OF THE 28TH THROUGH THE 31ST OF A MONTH, PROCESSING WILL BE INITIATED
ON THE LAST CALENDAR DAY OF THE MONTH. Otherwise, recurring payment
requests will be processed on the dates you have designated, unless such date
falls on a non-business day resulting in your payment being processed on the next
business day. A "Duplicate Payment" is one that is scheduled to be made to the
same Payee while another payment to such Payee is a "Pending Payment"
(hereinafter defined). A duplicate payment is different from a Recurring Payment
that is scheduled for the same Scheduled Payment Date in different months. You
will be alerted with a duplicate warning message if it appears a payment you are
attempting to schedule is a duplicate payment. You will then have the option to
continue with the transaction, if you so desire. A Bill Payment is a "Pending
Payment" starting from the time you enter Payment Instructions until the payment
is "In Process". A Bill Payment is "In Process" starting at the Cutoff Time on the
Process Date and continuing up to the next Business Day after the Process Date.
A Bill Payment is considered "Completed" on the next Business Day after the
Process Date.
Once your scheduled Bill Payment is "In Process", we may remit your payment to
your Payee by any one of the following means, at our sole discretion: (1) by
electronic funds transfer; (2) by mailing your Payee a check drawn on an account
we maintain for this purpose. Payments that cannot be sent electronically will be
sent by mail, which results in additional delivery time.
While it is anticipated that most transactions will be processed and completed on
the next Business Day after your Process Date, it is understood that due to
circumstances beyond our control, particularly delays in handling and posting
payments by slow responding Payees or financial institutions, some transactions
may take a day or even a few days longer to be credited by your Payee to your
Payee account. For this reason, PLEASE ALLOW AT LEAST THREE (3) BUSINESS
DAYS PRIOR TO THE DUE DATE FOR PAYMENTS (RECURRING OR VARIABLE)
REMITTED BY ELECTRONIC TRANSFER TO REACH THE PAYEE. FOR PAYMENTS
REMITTED BY CHECK (RECURRING OR VARIABLE) ALLOW AT LEAST FIVE (5)
BUSINESS DAYS FOR THE PAYMENT TO REACH THE PAYEE. IT IS THE
RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING
PAYMENTS. AS A GENERAL RULE, IT IS OUR RECOMMENDATION THAT EIGHT
(8) DAYS OR MORE BE ALLOWED FOR PAYMENTS BY CHECK, especially for life
impacting payments such as mortgage, auto and insurance. Also, we strongly
discourage considering grace periods when scheduling payments.
Payment Instructions entered after the Cutoff Time or on non-Business Days
will be considered entered in the Bill Payment Service on the next Business Day.
For Recurring Payments, this means that you must allow additional time for months
in which weekends or holidays reduce the number of Business Days between the
Recurring Process Date and the bill's actual Due Date.

LIABILITY
Austin Bank shall incur no liability for unauthorized enrollment of an employee of
your business or any payment initiated by them. Austin Bank will exercise ordinary
due care in approving enrollment of your employees as directed by the Business
Bill PayAuthorization Form signed by you.
Austin Bank is responsible only for exercising ordinary due care in making payments
authorized by you to the designated payee. However, we shall incur no liability if
we are unable to complete any payments initiated by you through the Business Bill
Payment Service because of the existence of any one or more of the following
circumstances:
i. If, through no fault of ours, your From Account does not contain sufficient funds
to complete the transaction or the transaction would exceed any applicable
overdraft privilege you might have established with the Bank that can be accessed
by the Bill Payment system;
ii. The Online Services are not working properly and you know or have been
advised by us about the problem before you execute the transaction;
iii. If the estimate of time to allow for delivery to the payee is inaccurate, or due
to delays in mail delivery, changes of merchant address or account number, the
failure of any merchant to account correctly for or credit the payment in a timely
manner, or for any other circumstances beyond the control of Austin Bank;
iv. You have not provided us with the correct name, phone number or account
information for the Payee, or you have otherwise provided incomplete Payment
Instructions, or you have not provided us with accurate personal information
during enrollment for the Online Services, or;
v. During maintenance periods or circumstances beyond our reasonable control
(such as, but not limited to, fire, flood, failure of electrical or telecommunications
equipment or interference from an outside force) prevent the proper execution of
the transaction and we have taken reasonable precautions to avoid those
circumstances.
Provided none of the foregoing five (5) exceptions are applicable, if we cause an
incorrect amount of funds to be removed from your From Account or cause funds
from your From Account to be directed to a Payee which do not comply with your
Payment Instructions, we shall be responsible for returning the improperly
transferred funds to your From Account and for directing to the proper Payee
any previously misdirected transactions. You may edit any Pending Payment
(including Recurring Payments) by following the directions within the service.
There is no charge for canceling or editing a Pending Payment. We may not
have a reasonable opportunity to act on any stop payment or cancellation order
given after a payment is "In Process" and it is not possible to stop or cancel a
payment, which is completed.
If you desire to attempt to cancel or stop any payment, which is "In Process", you
must contact the Customer Service Department in writing, by fax at
(903) 295-9361 or by phone at 800-644-9275 during business hours.
If you call, we will also require you to present your request in writing within
fourteen (14) days after you call. Although we will make every effort to
accommodate your request, we will have no liability for failing to do so. Stop
payment requests will be accepted only if we have a reasonable opportunity to
act on such requests. The charge for each stop payment order will be the then
current charge for such service as set forth in the Deposit Account Agreement
Fee Schedule you received when opening your depository account, as amended.

Amendment and Termination
You may cancel your use of the Business Bill Payment Service at any time by
sending an electronic message by utilizing the Contact Us link shown on the Austin
Bank Internet Home Page using a personal computer to send and receive written
messages electronically (Internet e-mail). This method is very effective for
requesting additional information, questions, comments and other miscellaneous
correspondence. HOWEVER AT THIS TIME, E-MAIL IS NOT A SECURE METHOD OF
COMMUNICATION AND CONFIDENTIAL INFORMATION SHOULD NOT BE SENT OVER
THE INTERNET EMAIL.
You may also send a written request to the Bank or call the Bank at 800-644-9275. If you
notify us by telephone, we will request that you put your
request in writing.
We will make every reasonable effort to delete all outstanding payment orders (all
individual and Recurring Payments) once your request has been received, but we
must have reasonable time to act upon your request. You will not receive a refund
of any service fee if you cancel. The Bank may cancel or suspend the Business Bill
Payment Service, in whole or in part, at any time without prior notice in
situations deemed appropriate by us, in our sole and absolute discretion, including
when we believe a breach of the system security has occurred or is being
attempted. Cancellation or suspension shall not affect your liability or obligations
under this Agreement. We reserve the right to refuse to pay any Payee to whom
you may direct a payment for security reasons or any other reason. We will
notify you promptly if we decide to refuse to pay a Payee designated by you.
This notification is not required if you attempt to make a prohibited payment
under this Agreement.

Fees
You agree to pay the Bank the fees shown below for use of the Business Bill
Payment Service and authorize the Bank to deduct any Bill Payment
Maintenance Fee (and any Transaction Fees, if applicable), from the checking
account from which the Bill Payments are originated. This fee is in addition to
regular transaction fees that may be incurred on your Austin Bank accounts.
We may assess a fee for any Bill Payment request drawn against insufficient
funds in your From Account. We will not be liable for failure to pay,
or for any delay in payment of, any Bill Payment request if sufficient collected
funds are not available in the From Account on the Scheduled Payment Date.
IF WE PAY A BILL PAYMENT THAT OVERDRAWS YOUR FROM ACCOUNT, YOU
AGREE TO PAY US THE AMOUNT OF THE OVERDRAFT TOGETHER WITH ANY FEE
IMMEDIATELY UPON DEMAND, WHETHER OR NOT YOU SIGNED OR REQUESTED
THE WITHDRAWAL OR PARTICIPATED IN THE TRANSACTION CREATING THE
OVERDRAFT OR RECEIVED ANY BENEFIT FROM THE WITHDRAWAL CREATING
THE OVERDRAFT. YOU AGREE TO PAY ALL COSTS AND EXPENSES, INCLUDING
ATTORNEYS' FEES, INCURRED BY US IN THE COLLECTION OF ANY OVERDRAFT.
In addition, you will be responsible for paying any telephone company or utility
charges and/or Internet access service fees and/or taxes incurred while using
telephone lines and/or Internet access services to connect with the Online
Services.The Bank reserves the right to revise these Bill Payment fees by
providing at least thirty (30) days notice to the affected Bill Payment Service
customers. Notification may be made to the customer through written or
electronic media.

BILL PAYMENT MONTHLY SERVICE FEES
Maintenance Fee - (Charged to each account on which one or more Bill Payments
have been established, regardless of the actual number of payments made during
the monthly statement cycle.).................................$ 6.95
Bill Pay Transaction Fee..........................................$ Free
OTHER FEES
Stop Payments......................................................$ 30.00 each
Manually Re-Issue Check.......................................$ 12.50 each
Express Mail Service..............................................$ 17.00 each
Photocopies...........................................................$ 5.00 each
Proof of Payment Not Necessitated by a Dispute.......$ 10.00 each
Payments Returned Due to Customer Error..............$ 5.00 each
ERRORS OR QUESTIONS
Bill payments are processed by Electronic Fund Transfers (EFT). Please see the
Electronic Fund Transfers Disclosure Statement included, or received, when you
opened your account, which discloses important information concerning your
rights and obligations. You may also refer to the Errors or Questions section
of the Internet Banking and Bill Payment Agreement that is accessible from the
Austin Bank Home Page.