Personal Online Banking Services Agreement and Electronic Consent
This Services Agreement and Electronic Consent governs your access to and use of our Personal Online Banking Services (generally, "Online Banking" or "Online Banking Services"). "Online Banking Access and Use" refers to (i) the manner and extent to which we make the Online Banking Services available to you via our website, (ii) the process, procedures and limitations involved in such access and use, including, but not limited to, using the appropriate security procedures and precautions, (iii) our right to change the terms under which we offer the Online Banking Services to you, and (iv) our right to disable, suspend or terminate your access to the Online Banking Services. In addition to other written or electronic acceptance, each time you use your Online Banking Services or authorize others to use your Online Banking Services, you accept and thereby agree to the terms and conditions below.
Whitney Bank offers these Business Online Banking Services using the trade names “Whitney” in Louisiana and Texas and “Hancock” and “Hancock Bank” in Mississippi, Alabama and Florida. All references to “we,” “us,” and “our” and these trade names in this agreement and consent refer to Whitney Bank, a Mississippi banking corporation.
Table of Contents
Online Banking Services Agreement
- Agreements and Law; Conflict Between Agreements; Amendments; and Entire Agreement
- Agreements and Law
- Conflicts Between Agreements
- Entire Agreement
- Online Banking
- Online Banking Services
- Account Information
- Automatic or Selected
- Mobile Banking
- Transfers Of Funds
- Internal Transfers
- Limitations and Dollar Amounts For Transfers
- Limitations Relating To Transfers From Free Business Checking Accounts
- Canceling Online Transfers
- Stop Payment
- External and Third Party Transfers
- Line of Credit Advances
- Eligible Line of Credit Agreement
- Bill Pay
- Online Statements
- Stop Payment
- Other Banking Functions
- Electronic Funds Transfer Provisions
- In Case Of Errors or Unauthorized Payments or Transfers
- Your Liability For Unauthorized Transfers
- Our Liability For Failure To Complete Transactions
- Other Limitations To Our Liability
- Authorized Payments or Transfers
- Access To Online Banking Services
- General Limitation of Liability
- Cancellation; Termination; Access Disabled
- General Provisions
Consent to Electronic Delivery of Notices and Disclosures
Online Banking Services Agreement
- I. Agreements and Law; Conflict Between Agreements; Amendments; and Entire Agreement.
- A. Agreements and Law. Your Online Banking Access and Use is subject to:
- 1. Services Agreement. The terms and conditions contained in this Agreement, including those specific addenda for services in which you enroll (the "Services Addenda" or a "Service Addendum"), such as Mobile Banking, Bill Pay, External and Third Party Funds Transfer and Online Statements (an "Additional Online Banking Service" or collectively, "Additional Online Banking Services");
- 2. Electronic Consent. The Consent to Electronic Delivery of Notices and Disclosures (the "Electronic Consent") as set forth herein;
- 3. Instructions. Instructions set forth or incorporated by reference herein or on the Online Banking web pages and the online, context-sensitive "Help," and glossary or FAQs, if any (collectively herein, the "Instructions");
- 4. Relevant Law. Relevant provisions of federal and state law, except to the extent that we can and do vary such law with this Agreement, the Services Addenda, the Electronic Consent, the Instructions or the Related Agreements, ("Relevant Law"); and
- 5. Related Agreements. This Agreement, the Service Addenda and Instructions govern your Online Banking Access and Use and enable you to use the Online Banking Services to access your Eligible Accounts and to perform those banking functions and engage in those banking transactions authorized as part of such services. However, your Eligible Accounts are also subject to those other terms and conditions to which you agreed when we established such accounts for you such as deposit and loan agreements, disclosures, and other documents and forms related to your Eligible Accounts (the "Related Agreements"). Such Related Agreements include, but are not limited to: (i) our Deposit Agreement; (ii) Deposit Account Information Truth In Savings; (iii) IRA Account Agreements; (iv) VISA® Check Card; (v) HandyLine; (vi) any overdraft protection agreements and (vi) any other loan or credit agreements. You should review the Related Agreements for applicable fees, limitations on the number of transactions you can make, your obligations in maintaining and using your Eligible Accounts, and/or other restrictions that might impact your use of the Online Banking Services to perform transactions within your Eligible Accounts.
- B. Conflicts Between Agreements. When using one of the Additional Online Banking Services, in the event of a conflict or inconsistency between the terms and conditions of this Agreement with the same or similar provision within the Service Addendum related to that particular Additional Online Banking Service or the related Instructions, the order of priority in controlling such conflicts is as follows: (i) the related Instructions; (ii) the related Service Addendum; and (iii) this Agreement; but, only to the extent necessary to resolve a conflict or inconsistency between a provision of one with a provision in another dealing with the same issue. The mere presence or absence of a provision in one shall not be considered a conflict or inconsistency with the absence or presence of a provision in another. Unless expressly stated otherwise, a provision within one Additional Online Banking Service or the Instructions related to that particular service, shall not apply to the Online Banking Services, generally, or to any of the other Additional Online Banking Services. This Agreement, the Service Addenda and Instructions control over any conflict or inconsistency over the same or similar provision within the Related Agreements regarding your Online Banking Access and Use.
- C. Amendments. We may amend this Agreement, the Related Agreements or the Instructions at any time. For example, we may add, delete or amend terms or services. Any such change will be effective as of the date we establish, subject to applicable law. We will notify you of any such changes electronically or by mail. For any change that would (i) increase the fees we charge, (ii) increase your liability, (iii) limit the types of payments or transfers or the dollar amounts or frequency of such payments or transfers, we will provide you such notice in advance of the effect date of such changes of at least equal to the lesser of: (i) notice period required in the Applicable Law or (ii) (30) days. Your use of the Online Banking Services or otherwise maintaining and not canceling your Online Banking Services following the effective date of any changes indicates your agreement with such changes. References to this Agreement, the Electronic Consent, the Instructions, the Related Agreements, and the Relevant Law include future amendments or revisions, supplements, replacements or superseding provisions, as applicable.
- D. Entire Agreement; Acceptance. The Services Agreement, as supplemented by the Electronic Consent, Instructions, Relevant Law and the Related Agreements, is the entire agreement between you and us and it supersedes any other statements, writings, and electronic records relating to Online Banking Services.
- II. Online Banking.
Using Online Banking, you may perform those banking functions using your Eligible Account(s) and engage in those banking transactions in such accounts as described below and on the Online Banking web pages. These Online Banking Services, including the Additional Online Banking Services are referred to herein as the "Online Banking Services" or simply as the "Services" or individually as a "Service." An "Eligible Account" or "Eligible Accounts" can include your individual or joint deposit accounts that you maintain with us such as checking, savings, money market and other time deposit accounts such as certificates of deposit or IRA accounts and your loan accounts. Eligible Accounts are sometimes generally referred to herein as an "Account" or "Accounts." Eligible Accounts which are loans are sometimes generally referred to as "Eligible Loan Accounts." Loans that are lines of credit are sometimes referred to herein as "Eligible Line of Credit Accounts."
Please refer to the Personal Online Services Fee Schedule for the schedule of fees charged for an Online Banking Services.
- III. Online Banking Services
- You may use Online Banking to view current balance information and review a history of transactions for up to 16 months on your Accounts. For loans, you may use Online Banking to view loan histories from inception through the current date.
- Using the Pending Transaction Report, you may use Online Banking to view scheduled or non-recurring electronic transactions after they occur and before they are posted to your Accounts.
- You may also download transactions in QIF format for use with certain Personal Financial Management software such as Intuit Quicken®.
Online Banking uses information in our databases such as available balances that may not necessarily reflect all current transactions. For example, the available balance in your checking Account will not reflect the amount of pending transactions that have not been presented for payment, such as checks you have issued or debit card transactions that you have made but that we have not yet authorized for the merchant. Also, depending upon the type or nature of a pending transaction, it may not post to your Account or post to such account in the amount shown as a Pending Transaction.
We will not be liable to you for any damages whatsoever arising in connection with the accuracy or completeness of the information supplied to you by Services regarding your Accounts.
- 0. Automatic or Selected. Online Banking provides you with certain automatic alerts and the option to request other selected notifications. Automatic alerts are sent to you following certain changes to your Online Banking profile such as changes in your Logon-Id, Password or e-mail address. To activate other notifications you must select from the available options on an account-by-account basis.
- 1. Delivery. Automatic notifications will be sent to the primary e-mail address that you provided to us. Selected notifications can be sent either to an e-mail address which you provide or via Online Banking Secure Message. If your e-mail address changes, you are responsible for informing us of such a change. You understand that while we do our best to provide you with notifications in a timely manner and with accurate information, we neither guarantee the delivery, timeliness, nor accuracy of the contents of any notification. Accordingly, you agree to hold us harmless for any delays, failure to deliver, or misdirected delivery of any notification, for any errors in the content of a notification or any actions taken or not taken by you in reliance of a notification or in the absence of a notification.
- 2. Security. Notifications sent via e-mail are not encrypted. Although a notification may include your name and certain information regarding an Account, we will not include information regarding your Security Code or full account number. Please note that anyone with access to your e-mail will be able to view the contents of these notifications.
- Mobile Banking. "Mobile Banking Services" or "Mobile Banking" is a personal financial information management service that allows you to access Account information, make payments to vendors and other payees ("Payees") who have previously been created within Online Banking Bill Pay ("Bill Pay") and make other available banking transactions as fully described on our Web site (currently, hancockwhitney.com) using compatible and supported mobile phones and/or other compatible and supported wireless devices (collectively, a "Mobile Device").
- Transfers of Funds. Internal transfers refer to a transfer of funds from one Account to another Account both of which are maintained by us. Internal transfers are governed by the provisions of sub-section 1. External transfers include transfers of funds to or from an Account you maintain with us to or from an Account you maintain with another U.S. financial institution ("External Transfers"). External transfers are governed by the provisions of sub-section 2.
- 0. Internal Transfer of Funds.
- I. General. Transfers can be made from various types of Accounts, such as checking, savings or money market deposit accounts to similar accounts. Transfers between your Accounts can include real-time transfers, non-recurring transfers and recurring transfers. Transfers can be made as loan payments such as mortgage or Handyline payments. The completion of a transfer is subject to the availability of sufficient funds at the time of final processing. If you do not have enough available funds, you may incur an insufficient funds fee. Please refer to our Deposit Agreement and the Fee Schedule for details. Transfers entered before the cutoff time of 7 p.m. CST are processed on the same bank business day. Transfers entered after the cutoff time or on a non-bank business day are processed on the next bank business day. Transfers submitted and processed from a deposit Account are immediately reflected in your balance for that account.
- II. Limitations and Dollar Amounts For Transfers. Transfers and payments can be made for any amount starting at $1.00 and up to the balance of available funds in your Account. You authorize us to withdraw or debit the necessary funds from your Account on the date you schedule the payment to be initiated or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your Accounts at the time of the withdrawal. If you do not have a sufficient balance, we may refuse to complete the transaction. In either case, we reserve the right to impose a non-sufficient funds fee, and no further attempt will be made by us to issue the payment or to process the transfer request. If your attempted payment exceeds the balance of available funds in your Account, it will not be processed. We are under no obligation to notify you if we do not complete a payment or transfer because there are non-sufficient funds in your Account to process the transaction. In all cases, you are responsible for making alternate payment arrangements or rescheduling the payment through the service.
- III. Canceling Online Transfers. You cannot cancel your payment or transfer after it has been entered and Online Banking provides you with a confirmation. However, you can use Online Banking to reverse a transaction after it has been entered. Regarding a payment generated by Bill Pay or a transfer generated by External and Third Party Funds Transfer, please refer to the applicable provisions regarding your right to change or cancel a payment or transfer as set forth in the addendum governing such payment or transfer.
- IV. Stop Payment. You may use Online Banking to stop payment on a check drawn on an Account in an amount not exceeding $999.99. However, you cannot request a stop payment for a transfer payment initiated and confirmed through any of the Online Banking Services. Please refer to the Online Banking Stop Payment web pages for any additional information regarding a stop payment request and any additional limitations regarding such requests.
- V. Confirmation. Upon submitting a transfer request you will be provided a transaction confirmation number. Absent a confirmation number, you must consider that the transfer request was not properly submitted and you must resubmit it in order for Online Banking to process the request.
- 0. Internal Transfer of Funds.
- 1. External and Third Party Funds Transfer. You may also enroll in External and Third Party Funds Transfer service which is a fee-based service enabling you to initiate an External Transfer. You may use the Funds Transfer services to transfer funds to or from an Account maintained with us to an account of a third party maintained with (i) us; or (ii) another U.S. financial institution (a "Third Party Transfer). Please refer to the Personal Online Services Fee Schedule for the fee charged for these services.
- Line of Credit Advances.
- 0. General. You may use the Online Banking Services to obtain an advance from an Eligible Line of Credit (an "Advance"). You may not, however, obtain an Advance to make a loan payment directly on an Eligible Loan Account. Advances from an Eligible Line of Credit only include one-time, immediate advance basis and not on a recurring, scheduled advance basis. The completion of an Advance from an Eligible Line of Credit requires the line of credit to be in good standing and have sufficient credit available at the time of final processing such a request. We do not have an obligation to notify you if we do not complete an Advance because your Eligible Line of Credit lacks sufficient available credit or is not in good standing. Please refer to the Instructions for any limitations placed on the number of Advances and aggregate amount of such Advances available per day. Except to the extent inconsistent with the provisions within this section or the related Instructions, Advances are subject to the terms and conditions generally applicable to Transfers.
- 1. Eligible Line of Credit Agreement. You hereby acknowledge and agree that any agreement by which we made the Eligible Line of Credit available to you (an "Eligible Line of Credit Agreement") is hereby amended to include the Advances feature of Online Banking as another means whereby you may obtain a credit advance under the Eligible Line of Credit Agreement, notwithstanding any terms in such agreement for any change in terms to be accepted by a signed writing. You further acknowledge and agree that the terms and conditions of this Agreement which apply to obtaining an Advance using the Online Banking Services shall supplement the terms of any Eligible Line of Credit Agreement.
- Bill Pay. Using this service, you may make one-time or recurring payments online from an Account (depository account) to companies or persons that you select ("Payees"). You must separately enroll in Bill Pay Services and agree to the terms and conditions of the Bill Pay Addendum.
- Online Statements. The Online Statement service allows you to replace your mailed paper statement for certain Accounts with an electronic PDF version that you can view, save to your computer or print at your convenience. Online Statements also may include, in our discretion, the delivery or making available to you electronic versions of legal notices and disclosures required to accompany periodic statements of account and other notices or enclosures (collectively, an "Online Statement"). You must separately enroll in Online Statement Services and agree to the terms and conditions of the Online Statement Addendum.
- Stop Payment. You may use Online Banking to stop payment on a check drawn on an Account subject to certain limitations found either in the Online Banking Instructions or the Stop Payment Addendum. Please refer to the Online Banking Stop Payment Addendum and the Instructions for any additional information regarding a stop payment request and any additional limitations regarding such requests.
- Other Banking Functions. You may use Online Banking to perform self-service maintenance such as changing your UserID and Password or send us secure online mail messages and questions regarding Online Banking.
Some of these Services may not be available for certain accounts or customers.
- IV. Electronic Funds Transfer Provisions
- In Case Of Errors or Unauthorized Payments or Transfers
If you believe that an unauthorized transaction has been or may be made from one of your Eligible Accounts,
Hancock Bank / Whitney Bank
email@example.com your statement or transaction record is wrong;you need more information about a transaction listed on your statement;
Also, contact us as soon as you can if you think:
- your statement or transaction record is wrong;
- you need more information about a transaction listed on your statement;
- an unauthorized person has discovered either your User Id or Password for any of your Online Banking Services; or
- any payments or transfers have been made without your authorization.
Our Customer Service Representatives are available from 7 a.m. to 7 p.m., Monday through Friday, excluding bank holidays, and 8 a.m. through 2 p.m. on Saturday. We must hear from you no later than 60 days after we have sent the first statement on which the problem or error appeared. When you contact us, please provide the following information:
- your name and account number;
- the date and dollar amount of the transaction(s) in question;
- the external bank routing number and account number;
- the confirmation number assigned any of the Services, if available;
- a description of the transaction you are unsure of.
If you tell us verbally, we may require you to send us your complaint or question in writing or via e-mail within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally 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 provisionally credit your Account.
For errors involving new Accounts we may take up to 90 days to investigate your complaint or question and we may take up to 20 business days to credit your Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Your Liability For Unauthorized Transfers
Tell us AT ONCE if you believe that your User Id and/or Password has or have been comprised. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your Account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50 if someone used your User Id and Password without your permission. If you do NOT tell us within 2 business days after you learn that your User Id and Password have been compromised and we can prove we could have stopped someone from accessing your User Id and Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows payments or transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 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 For Failure To Complete Transactions
If we do not complete a transaction 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. However, there are some exceptions. We will not be liable, for instance:
- 0. if, through no fault of ours, you do not have enough available funds in your account to cover the payment or transfer or your Account has been closed;
- 1. if the transfer would exceed your overdraft protection or line of credit limit (if available);
- 2. if your computer equipment and/or software or Online Banking were not working properly and you knew about the malfunction when you started the payment or transfer;
- 3. if circumstances beyond our control (such as computer failure, telecommunications outages, fire, flood, loss of electrical power or other natural disasters) prevent us from making or completing a payment or transfer, despite reasonable precautions we have taken;
- 4. if the funds in an Account from which you attempt to make a payment or transfer are restricted by legal process or other encumbrances;
- 5. if you attempt to transfer or make a payment exceeding the per day dollar limitations established by this Agreement;
- 6. if we have reason to believe that you or someone else acting with you is using Online Banking for illegal or fraudulent purposes;
- 7. if we have security reasons to limit or otherwise refuse the transaction;
- 8. if either you or we have terminated this Agreement;
- 9. based upon any other exceptions stated in our Agreement with you.
- 0. Authorized Payments or Transfers. We are not liable for your authorized payments or transfers. When you give someone your User Id and Password, you are authorizing that person to use your Online Banking Services and you are responsible for all transactions the person performs using such services. Transactions from which you benefit are also authorized transactions. Transactions that you or someone acting with or for you initiates with fraudulent intent are also authorized transactions.
- 1. Access To Online Banking Services. You hereby acknowledge that our ability to provide access to Online Banking using the Internet is dependent upon the Internet and equipment, software, systems, data and services provided by various telecommunication carriers, equipment manufacturers, firewall providers, encryption systems developers and other vendors and third parties. Therefore, we do not warrant access to the Services and/or that the Services delivered over the Internet will operate without interruption or delay and/or be error free, or that all failures of the Services delivered over the Internet can or will be corrected.
- 2. General Limitation of Liability. To the extent permitted by applicable law or regulation, we hereby disclaim all warranties, express or implied, including warranties or merchantability and fitness for a particular purpose regarding the Online Banking Services. Furthermore, in no event shall we be liable for any special indirect, incidental, or consequential damages whatsoever resulting from the loss or use of data, whether or not advised of the possibility of such loss or damage.
The foregoing limitations to our liability supplement are supplemented by similar provisions contained in other sections of this Agreement.
- V. Cancelling; Terminating; Disabling; Suspending Online Banking and Additional Online Banking Services.
Your access to the Online Banking Services will remain in effect until it is cancelled by you or terminated by us or disabled and/or suspended by us.
- Cancellation. You may cancel your service at any time by notifying us of your intent to cancel by telephone, in writing or by e-mail as explained in that section of this Agreement titled "Notices." You may cancel one or more of those Additional Online Banking Services in which you separately enroll such as Mobile Banking, Bill Pay, External and Third Party Funds Transfer and Online Statements without canceling your access to Online Banking and use of the other Online Banking Services. Cancellation or termination of Online Banking in general works to cancel all of such services including those Additional Online Banking Services. If you notify us verbally, you may be asked to send written notification. Your notice of cancellation will take effect after we receive it and have a reasonable amount of time to act on it.
- Termination. We may terminate or suspend your access to Online Banking for any reason and at any time.
- Access Disabled – Inactivity. Regarding inactivity, we will disable your Logon ID if you have not successfully logged onto Online Banking for a continuous period of one hundred and eighty (180) days. Once disabled you must reactivate your Online Banking access by contacting us as provided in the "Notices" section below. If you have not reactivated your Online Banking access within thirty (30) days after we disabled your Logon ID, the Additional Online Banking Services will be suspended and any recurring or non-recurring scheduled payments, pending payments or payments in progress will be terminated as a result. Thereafter, you would need to reactivate Online Banking and any Additional Services (including re-scheduling any recurring or non-recurring payments) to engage in Online Banking using your Accounts.
- 0. Cancellation, termination, or suspension will not stop any transfer, payment or stop payment requests that you previously submitted and that we confirmed. Furthermore, upon cancellation, termination or suspension of your Bill Pay Services, all Scheduled Payments (recurring and non-recurring),
- 1. Please refer to that section titled "Terminating Online Statements; Disabling Online Banking; and Suspending Online Statements for important notices regarding the impact these actions or circumstances may have on the manner in which we make your Account statements and the related notices and disclosures available to you, your obligations, and the manner in which you can gain access to either your electronic or paper Account statements and the related notice and disclosures.
- 2. You are responsible for all fees and charges for or arising out of the use of Online Banking and Additional Online Banking Services. Your obligations under this Agreement survive its termination or cancellation. Furthermore, if you cancel after the beginning of a particular month and later cancel your enrollment or subscription to one of the Additional Online Banking Services imposing a monthly fee or charge, you will not be entitled to the reimbursement of all or a prorated fee or charge.
Although we will attempt to notify you of such actions in advance, we are not obligated to do so.
- VI. General Provisions.
- Monthly Service and Other Charges. You may access your Accounts through Online Banking without incurring a monthly fee or service charge, except as expressly provided in the Personal Online Fee Schedule. However, you will incur fees and charges to use certain of the Services or fees and charges arising out of your use of such Services as provided in the Related Agreements. Such fees and charges may include, but are not limited to, fees and charges to process your stop payment requests or fees and charges incurred for a payment or transfer from an Account such as, but not limited to, an excess transaction fee or non-sufficient funds fee. The amount of such fees are disclosed in our current Truth In Savings, Deposit Account Information, Disclosure of Account Terms, which you either received upon establishing your Account with us or as we thereafter supplemented.
- Business Days. Our business days are Monday through Friday, excluding bank holidays.
- Service Hours. Online Banking is available 365 days a year and 24 hours a day except during system maintenance and upgrades. Should you need personal assistance, our Customer Service Representatives are available from 7 a.m. to 7 p.m., Monday through Friday, excluding bank holidays, and 8 a.m. through 2 p.m. on Saturday.
- Credit Information. You acknowledge and agree that we or a third party acting as our agent may obtain and use information from consumer credit reporting agencies in connection with any accounts, products, and services offered by us to investigate or reinvestigate any information provided by you. We may also verify your employment, salary, assets, debts, and references.
No Signature Required. When any transfer, payment, Advance, or other Service generates items to be charged to an Account, you agree that we may debit the applicable account without requiring your signature on the item or without prior notice to you.
- Notices. You may provide notice to us of any matter related to or arising out of this Agreement, as follows:
Hancock Bank / Whitney Bank
Severability. If any term or provision of this Agreement is found to be unenforceable, it will not make any other term or provision unenforceable. If there is any conflict between any term of this Agreement and applicable law, this Agreement will be considered changed to the extent necessary to comply with such law.
Waiver. You agree that our delay or failure to require your strict performance of any provision of this Agreement will not be considered our waiver of any of the terms of this Agreement or our rights to your strict performance of the same or like provisions, or any other provisions hereof. Any waiver of rights by us must be in writing and signed by our duly authorized representative.
Assignment. You may not assign your rights and obligation under this Agreement to any other person. We may assign the rights and delegate the duties under this Agreement to any entity directly or indirectly affiliated with us now or in the future or to any third parties.
Captions. The captions of sections herein or for other headings are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions for this Agreement
Governing Law and Venue. Whitney Bank, a banking corporation chartered under the laws of the State of Mississippi, offers these Services to its customers in Mississippi, Alabama, Florida, Louisiana and Texas. Accordingly, you agree that the terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of law provisions.
Consent to Electronic Delivery of Notices and Disclosures
These Personal Online Banking Services are available only if you accept electronic delivery of (1) disclosures required by law, such as those required under the Electronic Fund Transfer Act, and (2) notices about Online Banking, such as a change of Online Banking terms and conditions, fees or services. If you do not accept electronic delivery, you may not become or thereafter continue as an Online Banking customer.
Electronic delivery means that notices and disclosures may either be:
- e-mailed to the e-mail address listed for you on the Online Banking enrollment form or
- Posted on our Internet web site – www.hancockwhitney.com.
You cannot accept electronic delivery of disclosures and notices from us and cannot be a Online Banking customer if you are not able to:
- Access disclosures or notices and
- Keep (print, download, etc.) a copy of disclosures and notices.
If you agree to electronic delivery, you also agree to notify us of changes to your e-mail address.
To update your e-mail address, to inquire about disclosures or notices, or to get a paper copy of a particular notice or disclosure, e-mail us at firstname.lastname@example.org, call us at 1-800-448-8812, or write us at Hancock Bank / Whitney Bank, Attn: Call Center, Post Office Box 4019, Gulfport, MS 39502.
To withdraw your consent to electronic delivery, call us at 1-800-448-8812, write to us at Hancock Bank / Whitney Bank, Attn: Call Center, Post Office Box 4019, Gulfport, MS 39502, or e-mail us at email@example.com. If you withdraw your consent, Online Banking privileges will be terminated.