IBERIABANK Online Services Agreement (“the Agreement”)

I. Introduction

This IBERIABANK Online Service Agreement (this “Agreement”) contains the terms and conditions that apply to your use of the Services provided by IBERIABANK, (“Bank”) that allows you to perform a number of banking functions through the use of a personal computer or a mobile device.


By using the Site or any Service, you agree to the terms, conditions, and provisions of this Agreement, which we may revise from time to time, at our sole and absolute discretion. Any terms or conditions proposed by you that are in addition to, or which conflict with, this Agreement are expressly rejected by us and shall be of no force or effect. If, at any time, you do not wish to accept the terms of this Agreement, you may not access, link to, or use any Service.

II. Scope; Definitions; and General Terms and Conditions

a. Scope of Agreement. 

This Agreement sets forth your and our rights and responsibilities with respect to the Services (as hereinafter defined) and supplements, but does not replace, any other agreement you may have entered into with respect to any deposit account or other bank product. Whoever uses the Services, either directly or on behalf of an Account holder (i.e., Authorized User(s)), is bound by this Agreement and each of the following (all of which are incorporated herein by this reference and are specifically included within the definition of “Agreement”):

  • The documentation and agreements that govern any Account or other agreements you have entered into with us, including, but not limited to, the Deposit Account Agreement;
  • The terms, conditions, and instructions that appear on your computer screen or Mobile Device when you enroll in, access, activate, or use a Service or Account; and
  • Our Online Privacy Policy and Consumer Privacy Notice.

If any terms or provisions of this Agreement conflict with those of another agreement between you and Bank, or such other agreement contains terms or provisions not addressed herein, such other agreement shall control and take precedence, unless specifically stated otherwise herein.

b. Definitions. In this Agreement, the following terms have the following meanings:

  • “Account” means any deposit, loan, banking, checking, credit, investment, mortgage, or other account maintained by you with the Bank, which may be used or affected in connection with your use of the any Service.

  • “Authorized User” means any person or entity that you authorize to use any Service or to access any of your Accounts, or reasonably believed by us to have been authorized by you to use any Service or to access any of your Accounts, including, without limitation, any person or entity to which you have provided or disclosed a Security Credential or made available or disclosed any Security Procedures, or any person or entity knowing or in possession of a Security Credential or Security Procedure without regard to whether such person or entity gained access to or possession of the Security Credential or Security Procedure from you, and/or any person or entity expressly authorized to use any Service or access any Account in any Service Schedule. Any Authorized User shall continue to be an Authorized User unless and until you notify us, as set forth herein, that such person or entity is no longer an Authorized User and until we have had a reasonable opportunity to act upon such notice.

  • “Business Day” means any day Monday through Friday but excludes weekends and bank holidays.

  • “Confidential Information” means any and all documents, materials, data and/or information, in whatever form or format (including, without limitation, electronic media), which relates to any Service, and any other information which we designate as confidential or proprietary information or which you have reason to know is confidential or proprietary information; provided, however, that notwithstanding the foregoing, Confidential Information shall not include information which is your proprietary information, or which becomes generally available to the public other than as a result of a disclosure by or through you or your agents, employees, representatives, contractors, subcontractors, successors or assigns, or which becomes available to you on a non-confidential basis from a source other than us.

  • “Content” means all information and features, such as analysis, reports, orders, information, statements, announcements, notifications, communication tools, reference tools, and other content, provided by us in, through or in connection with the Services. 

  • “Electronic Funds Transfers” means withdrawals, preauthorized transactions, point-of-sale transactions, and transfers to and from your Accounts using Online Banking or Mobile Banking including bill payments.

  • “Mobile Device” includes a cell or mobile phone, tablet computer, or personal electronic device satisfying hardware and software requirements as specified by Bank from time to time.

  • “Security Credentials” means, without limitation, any security code, password, personal identification number, user identification technology, token, certificate, or other means, or method of authentication, identification or verification used in connection with a Security Procedure applicable to any Service.

  • “Security Procedure” means any process or procedure established between you and us for the purpose of verifying that communications, orders, instructions, or inquiries regarding a Service or Account activity are yours, and/or for the purpose of authenticating you or your Authorized Users in connection with your use of the Services or Accounts, and/or for the purpose of authorizing transactions and other activity through the use of the Services.

  • “Service(s)” means any feature, function, product, interface, tool, informational content and/or service provided, managed, or administered by or through the Site. Without limiting the generality of the foregoing, the term Service specifically includes: Online Banking; Bill Pay; Mobile Banking; Mobile Text Message Banking; Mobile Deposit Capture; and any other service provided by the Bank by, through or in connection with, the Site.

  • “Service Schedule(s)” means the Service Schedule(s) accompanying this Agreement that contain the specific terms and conditions applicable to your use of a particular Service. Each Service Schedule shall be incorporated by reference into the Agreement.

  • “Site” refers to the IBERIABANK website and all other web pages maintained by us and accessible through www.Iberiabank.com. It also include any other website or Mobile Device application that you can access only after you enter into this Agreement as a condition to accessing such website or web application.

  • “We,” “us” and “our” means Bank and any agent, independent contractor, designee, or assignee that the Bank uses in the provision of online banking services;

  • “You,” “your” and “user” mean those who sign as applicants or who have an interest in Account(s), each Authorized User, or those who access the Site or subscribe to or use any Service;

Other definitions may appear within the text of this Agreement, the Service Schedules and other related documentation.

c. General Agreement and Use of the Site. This Agreement is effective between you (including any other Authorized User(s)) and the Bank. You are individually and jointly and severally liable for all transactions initiated through the Services using your Security Credentials or Security Procedures, even if you did not participate in the transaction. When a Service is utilized to effect transactions on one or more joint Accounts, we may act on the verbal, written or electronic instructions of any authorized signer of such Accounts.

d. Access to the Services

The Site and Services are accessed through a computer or Mobile Device and WIFI or network connection. You are responsible to obtain, install, maintain and operate all computer or Mobile Device hardware and software necessary to access and use the Services. We are not responsible to you for any loss or damage that you suffer as a result of the failure of systems and hardware that you use to interface with our systems, or systems and software that you use to initiate or process banking transactions through the Services, whether such transactions are initiated or processed directly with our systems or through a third party service provider. You alone are responsible for the adequacy of the systems and software that you utilize to process transactions and the ability of such systems and software to do so accurately. We are not liable to you for any computer virus or other malware that may be attributable to the Services.


You are responsible for obtaining an encrypted browser capable of a sufficiently high level of encryption to meet the systems requirements we establish from time to time. You are additionally responsible for (i) obtaining Internet services via the Internet service provider of your choice, (ii) obtaining cellular or mobile services via the cellular or mobile service provider of your choice; and (iii) any and all fees imposed by such Internet service provider and/or cellular or mobile service provider. We are not responsible for any Internet or cellular/mobile access services.

You are responsible for maintaining the confidentiality and security of your computer or Mobile Device, Security Credentials, Account numbers, and any other security or access information used by the Services. You are also responsible for preventing unauthorized access to your computer or Mobile Device. You understand that the Bank has implemented security procedures for the purpose of verifying the authenticity of payment, transfer, and deposit instructions transmitted to Bank by you ("Instructions"), and not for the purpose of detecting errors in such Instructions. As to any Security Procedures agreed to by and between you and Bank with respect to any Service, You represent and warrant that you have reviewed the transactions and activity that you will effect through the Service, and agree that the Security Procedures, including (without limitation) any Security Credentials used in connection therewith, constitute commercially reasonable security procedures under applicable law for the transactions to be undertaken. You authorize Bank to follow any and all instructions entered and transactions initiated using applicable Security Procedures unless and until you have notified Bank, according to notification procedures prescribed by Bank, that the Security Procedures or any Security Credential has been stolen, compromised, or otherwise become known to persons other than Authorized Users and until Bank has had a reasonable opportunity to act upon such notice. You agree that the initiation of a transaction using applicable Security Procedures constitutes sufficient authorization for Bank to execute such transaction notwithstanding any particular signature requirements identified on any signature card or other documents relating to your Account, and you agree and intend that the submission of transaction orders and instructions using the Security Procedures shall be considered the same as your written signature in authorizing Bank to execute such transaction. You acknowledge and agree that you shall be bound by any and all transactions and activity effected through the Service through the use of such Security Procedures, whether authorized or unauthorized, and by any and all transactions and activity otherwise initiated by Authorized Users, to the fullest extent allowed by law. Further, Bank shall not be liable for losses resulting from fraudulent or unauthorized transactions by individuals who Bank believes, in good faith, to be authorized to utilize the Services on your behalf.

e. Eligibility for Services; Refusal of Services; and Prohibitions

We reserve the right to determine, from time to time, eligibility or ineligibility for any: (i) Service, (ii) Account, or (iii) eligibility of any Account for use with a particular Service, all in our sole and absolute discretion. You acknowledge and agree that upon any determination of ineligibility, we may discontinue your access to any Service and or close any Account without further notice to you. We further reserve the right, in our sole and absolute discretion, to delay and/or refuse to process any item, transaction or instruction with respect to any Service that: (i) does not comply with the terms of and conditions of this Agreement or any other agreement with us; (ii) is not complete, correct and current; (iii) is greater in frequency, amount or number than is permitted for the relevant Account or Service, (iv) is for an amount that is less than the minimum amount permitted for the relevant Account or Service; (v) relates to an Account that has been closed or exceeds the amount of available funds in the relevant Account (or would reduce the balance of the available funds in the relevant Account below any required minimum balance); (vi) we believe in good faith is not genuine, conflicts with another instruction or relates to funds or an Account over which there is a dispute or restriction on withdrawal; (vii) we suspect results from a breach in the confidentiality of a Security Procedure or relates to an Account or Service that we suspect is being used for, or is the target of, fraudulent or illegal activity; or (viii) might cause us to violate applicable law or otherwise expose us to liability.


You agree to comply with all applicable laws and regulations in connection with your use of the Services. You further agree to be bound by operating rules and regulations imposed by any processing networks, funds transfer systems, or clearinghouses in which we participate and/or which process Service transactions. You agree not to use or attempt to use any Service: (i) to overdraw any Account; (ii) to exceed any credit limit on any credit Account; (iii) to engage in any illegal purpose or activity or to violate any applicable law, rule or regulation; (iv) to breach any contract or agreement by which you are bound; (v) to engage in any internet or online gambling transaction, whether or not gambling is legal in any applicable jurisdiction; or (vi) to engage in any transaction or activity that is not specifically authorized and permitted by this Agreement. You acknowledge and agree that we have no obligation to monitor your use of the Services for transactions and activity that is impermissible or prohibited under the terms of this Agreement. In the event we exercise any right reserved or afforded to us under this Section, you agree that we will have no liability to you under any circumstance, whether under contract, tort, or other legal theory.

f. Modification and Termination of Services and Content. We reserve the right to modify the Services (including amending the terms and conditions applicable to the Services as set forth in this Agreement and any applicable Schedule) and Content (or any part thereof) at any time and from time to time, with or without prior notice as required by applicable law. You may reject any changes to the Service by cancelling and ceasing use of the Service. Your continued use of the Service will constitute your acceptance of, and agreement to, such changes. We retain the right to monitor use of this Site to determine compliance with this Agreement, as well the right to remove or refuse any Content for any reason in accordance with applicable law.

Notwithstanding these rights, you remain solely responsible for your use of the Services. You agree that we shall have the right, in our sole discretion, to terminate or suspend your access to or use of the Services and any parts thereof, temporarily or permanently, at any time, and from time to time, with or without notice to you, for any reason whatsoever including, without limitation, quality assurance or if we believe that you have violated or acted inconsistently with the letter or spirit of any provision of this Agreement. You also agree that we will not be liable to you or to any third party for any modification, termination, or suspension of access to the Services, or for any modification or termination of the Site, Services, or Content.

g. Restrictions on Use. You agree not to:

  • cause, permit, or facilitate access to the Site, Services, or Content or use of the Site, Services, or Content by automated electronic processes, including, without limitation, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other computer programs that monitor, copy, or download data or other content found on, or accessed through, the Site or Services;
  • upload, post, email, transmit, or otherwise make available to or through the Site or Services any topic, name, material, or information that is unlawful, harmful, threatening, abusive, harassing, tortious, profane, defamatory, or otherwise objectionable;
  • interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way, the Site, Services, or servers or networks supporting the Site, Services, or Content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, Services, or Content;
  • transmit, broadcast, publicly display, publicly disclose, or otherwise make available to third parties any of the Content or Confidential Information; or
  • upload to the Site any information or content that breaches the rights of any third-party or infringes the intellectual property rights of any third-party.

h. Fees and Charges. From time to time, we may establish fees, or modify fee amounts, applicable to use of the Services. New or revised fees for a Service will be communicated prior to the effective date of such new or revised fee, as required by applicable law. Your continued use of the applicable Service after the effective date constitutes your consent with such new or revised fee. If you do not agree to such new or revised fee, you must cancel and cease your use of the Service prior to the effective date. Current fees applicable to the Services will be set forth in our Deposit Account Agreement Fee Schedule. You shall be responsible for any and all fees imposed by any internet service provider or telecommunications carrier to receive internet, cellular or other data services. We may also charge you research fees for inquiries about past transactions.

III. Confidentiality and Ownership of Content

a. Confidentiality. You shall maintain the Confidential Information in strict confidence and shall not use the Confidential Information for any purpose whatsoever except for your personal use of the Site and/or Services, and you shall not disclose the Confidential Information directly or indirectly to any other unauthorized person or entity. You acknowledge and agree that in the event of any breach or threatened breach of this obligation of confidentiality, we shall be entitled, without waiving any other rights or remedies in law or in equity, to such injunctive and/or other equitable relief as may be deemed proper by a court of competent jurisdiction. Your obligation of confidentiality shall survive the termination of this Agreement and continue until none of the information which we designate as confidential or proprietary information, or which you have reason to know is confidential or proprietary information, falls within the scope of Confidential Information as defined in this Agreement.


b. Ownership of Content. All logos, designs, trademarks, and service marks, and other product and Service names are trademarks of us or our licensors (the “Marks”), and you agree not to display or use the Marks in any manner without our permission. You acknowledge and agree that we own or hold a license to the Site, the Services and the Content and any software or other technology incorporated therein, and that the Site, Services and Content are protected under applicable intellectual property and other laws. You also acknowledge and agree that materials and works contained in the Services and the Content are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of the Services. You may use the Services only for your own benefit. You may not copy, reproduce, distribute or create derivative works from the Site or Content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service. In the event that you attempt to use, copy, license, sublicense, sell or otherwise convey or to disclose any Service, in any manner contrary to the terms of this Agreement, we shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions.

 

IV. Disclaimer of Warranties

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE SITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IBERIABANK SHALL ONLY BE RESPONSIBLE FOR PERFORMING THE SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT AND ANY APPLICABLE SERVICE SCHEDULE.


WE MAKE NO CLAIM OR WARRANTY THAT THE SITE, SERVICES, OR CONTENT WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THERE IS NO GUARANTEE THAT ACCESS TO THE SITE OR SERVICES WILL BE AVAILABLE AT ALL TIMES AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SITE OR SERVICES. THE SITE, SERVICES, AND CONTENT MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS.


ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICES, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

V. Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, OFFICERS, AGENTS, DIRECTORS, MEMBERS, AND/OR OUR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE SITE, SERVICES, OR CONTENT; (ii) ISSUES WITH SYTEMS, HARDWARE OR SOFTWARE, AND

ACCESS DEVISES USED IN CONNECTION WITH THE SITE OR SERVICES; (iii) THE COST TO OBTAIN SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR INFORMATION; (v) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE, SERVICES, OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; OR (vi) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH CIRCUMSTANCES, IBERIABANK’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

VI. Indemnity and Hold Harmless

You agree to indemnify against, and hold us, and our subsidiaries, officers, agents, directors, employees, and our service providers harmless from any claims, demands, costs, damages, expenses or liabilities, including reasonable attorneys’ fees, (including claims, demands, costs, damages, expenses or liabilities made or suffered by any third-party) due to, or arising out of or related to: (i) the actions, omissions, or commissions of you, your employees, representatives, and/or agents relating to the Site or Services; (ii) your violation of any of the provisions of this Agreement, including, but not limited to, any breach of any representation or warranty contained in this Agreement; (iii) the exercise by us of any right, privilege, or authority under the terms of this Agreement; (iv) any transmission or Instruction, whether or not authorized, acted upon by us in good faith (including, but not limited to, any transmission or Instruction received via your Security Credential or Security Procedures); or (v) your violation of any rights of another, including, but not limited to, intellectual property rights. Your obligations under this Section shall survive termination of this Agreement.

VII. Unauthorized Transactions; Error Resolution

a. Unauthorized Transactions. 

Unauthorized Transactions. You must immediately inform us if you believe any of your Security Credentials have been lost or stolen. You must also tell us if someone has transferred or may transfer funds from an Account without your permission or if you suspect any fraudulent activity on your Account. Telephoning us is the best way to minimize your possible losses. To notify us about any lost Security Credential or about unauthorized transfers from your Account, call (800) 682-2321 anytime, 24 hours a day, 7 days a week; or write to us at:

IBERIABANK
ATTN: Online Customer Service
5800 R Street
Little Rock, AR 72207

Or email us at PlusMail@Iberiabank.com


In the event of stolen access to your Account(s), you could lose all the money in your Accounts (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you learn of the loss or theft of your Security Credential, you can lose no more than $50.00 if someone used your Security Credential without your permission.
If you do NOT notify us within two (2) Business Days after you learn of the loss or theft of your Security Credential, and we can prove we could have stopped someone from using your Security Credential without your permission if you had notified us, you could lose as much as $500.00.


You should check your Account statement monthly. If it shows transfers that you did not make, including those made by card, code or other means, notify us immediately. If you do not notify us within sixty;(60) days the statement was mailed to you showing an unauthorized transfer, you may not get back any funds lost after the sixty (60) day period if we can prove we could have stopped someone from taking the money had you informed us in time. If a good reason (such as a long trip or a hospital stay) kept you from informing us, we may, at our sole and absolute discretion, extend the time period(s).

b. Error Resolution. In Case of Errors or Questions About Your Electronic Transfers Telephone us at (800) 682-2321, or write to us at IBERIABANK ATTN: Online Customer Service, 5800 R Street, Little Rock, AR 72207 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transaction listed on an Account statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST Account statement on which the problem or error appeared. Unless you notify us within such sixty (60) day window, you are prohibited from bringing a claim against IBERIABANK for such suspected error. When you write to us, please:

 

  • Provide your name and Account number (if any).
  • Describe the error or transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Provide us the dollar amount of the suspected error.

If you tell us in person or by phone, we may require that you send us your complaint or question in writing within ten (10) Business Days.


We will inform you of 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 forty-five (45) days 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 funds at issue 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 are not required to credit your Account.


For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, 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.

The terms and conditions of this Section VII do not apply to holders of commercial Accounts, whether accessed through the Services or otherwise. Please refer to your Deposit Account Agreement for additional information.

VIII. Termination

a. Our Right to Terminate. 

Our Right to Terminate. In addition to the provisions of Section II.e., we may terminate this Agreement without notice to you, which denies or limits your use of any Service if we reasonably determine that the Service(s) should be terminated. We can also terminate this Agreement or your access to the Services if:

  • You have insufficient funds in any one of your Accounts. Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
  • You or any of your Authorized Users breach this or any other agreement with us.
  • We have reason to believe that there has been an unauthorized use of your Security Credential.
  • All Accounts in connection with the Services have been cancelled.

Additionally, we reserve the right to deactivate any Service that has been “inactive” for a period of 90 days and terminate the Service if “inactive” for a period of one year. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions (and any related fees) initiated before Services are terminated. If we terminate your access to these Services, you cannot reopen them unless you contact Customer Service (see the address in the next paragraph).

b. Your Right to Terminate. You may terminate your use of any Service at any time by electronically contacting us through our secured messaging service in Online Banking and advising us of your intent to cancel, by calling us at (800) 682-2321, or writing to us at: IBERIABANK ATTN: Online Customer Service, 5800 R Street, Little Rock, AR 72207. We reserve a reasonable amount of time to act upon your request to terminate a Service, which in no event shall be less than ten (10) Business Days. We may require that you put your request in writing. If you have scheduled transactions to occur within the ten (10) day notification period and do not want them to occur, you also must separately cancel those transactions. You will be responsible for all transactions (and any fees related to such) occurring prior to our completing the termination of the designated Service(s).

IX. ARBITRATION

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY
By maintaining an account with us, you understand and agree that for Claims arising out of or relating to the Services:

  • You are giving up your right to go to court;
  • You are giving up or limiting your rights that might be available in a judicial proceeding such as the right to compel testimony and the right to appeal the decision on such Claims;
  • You are giving up your rights to join as a class representative or class member in any Class Action or Class Arbitration that you may have against us.

DEFINITIONS.
"Arbitration" refers to a way of deciding disputes by a neutral person called an arbitrator. An arbitrator follows less formal procedures than a judge follows in a court of law. An arbitrator decides the dispute with a binding award, meaning the award has the same obligatory effect as a decision by a court. A court may enforce an Arbitration award, but a court's review of an Arbitration award is limited.


"Claim" refers to any and all claims, disputes, or controversies based on contract, tort, statue, or otherwise between you and us about our respective rights, duties, obligations and liabilities arising out of or relating to the Services. Claim also refers to questions about if something is a Claim, how to conduct the Arbitration, and the interpretation of this Arbitration provision.


"Class Action" refers to a lawsuit involving a large group of people with similar claims against the same persons or companies.


"Class Arbitration" refers to an Arbitration involving a large group of people with similar claims against the same persons or companies.

AGREEMENT TO ARBITRATE. At your or our election, any Claims between you and us that arise out of or relate to the Services are to be decided by neutral, binding Arbitration. Also, to the extent allowed by law, the validity, scope, and interpretation of this Arbitration Agreement is to be resolved by neutral, binding Arbitration.


WAIVER OF CLASS ACTION AND CLASS ARBITRATION. If you or we choose to arbitrate a Claim, you and we agree that no trial by jury or by judge and no other judicial proceeding, including Class Action proceedings, will take place. You and we also agree that Claims are to be heard and decided by one arbitrator only, only on an individual basis, and not as Class Arbitration.


ARBITRATION PROVIDERS AND THEIR RULES. For the Arbitration, you or we may choose one of the following Arbitration providers with its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), and the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.adrforum). You can get a copy of the rules of these Arbitration providers by contacting them or by visiting their respective websites.


PLACE OF ARBITRATION AND COSTS. The Arbitration hearing must be carried out in the federal judicial district where you live, unless you and we agree otherwise. If your Claim is a consumer-related Claim and Arbitration begins, we shall advance any filing, administrative, commencement, service, or case management fees and arbitrator or hearing fees up to a total amount of $250.00. You understand and agree that you may have to repay us later for part or all of the amount we have advanced to you. You are responsible for the fees of your own attorneys, experts, witnesses, and other costs of Arbitration. We are responsible for those costs that we incur. The arbitrator may decide, however, who is finally responsible for these fees and costs as provided by law.


ARBITRATOR'S AUTHORITY. The arbitrator must be a lawyer or a former judge. The arbitrator shall follow substantive law in making an award. The arbitrator has the authority to order specific performance, compensatory damages, punitive damages and other relief allowed by applicable law. The Arbitration award is final and binding on all parties, except that the Federal Arbitration Act may provide for limited review. Any court having jurisdiction may enforce the Arbitration award.


PRESERVATION OF REMEDIES. You or we can do the following without giving up the right to require Arbitration:

  • Seek remedies in small claims court for Claims within that court's jurisdiction, unless these Claims are transferred, removed, or appealed to a different court. If so, either you or we can require the transfer of these Claims to Arbitration;
  • Seek judicial provisional remedies;
  • Exercise self-help remedies and take measures that do not involve a court or Arbitration, including, but not limited to, setting off against a deposit account; or
  • Comply with other contractual or mandatory regulatory procedures before a Claim may be brought to Arbitration.

GOVERNING LAW. The Federal Arbitration Act (9 U.S.C. § 1 et. seq.) governs this Arbitration provision, and not any state law concerning Arbitration, including state law Arbitration rules and procedures.


GENERAL PROVISION. This Arbitration provision: (1) relates to Services involving interstate commerce; and (2) is the entire agreement between you and us on Arbitration, replacing all previous written and oral negotiations and agreements between you and us on Arbitration. If any part of this Arbitration is not enforceable, the rest is enforceable; but if the waiver of Class Action rights is unenforceable, this entire Arbitration provision is unenforceable. The paragraph headings are solely for convenience and not for interpreting this provision; therefore, they have no legal meaning.


WAIVER OF RIGHT TO TRIAL BY JUDGE OR BY JURY. You and we understand and agree that:

  • You and we have a right to have Claims decided by a trial by judge or by jury, but if you or we so elect, you and we prefer to have them decided by an arbitrator;
  • You and we are obligated by all the Arbitration Agreement terms; and
  • You and we explicitly and knowingly give up our rights to trial by judge or by jury to the extent that you or we elect to have Claims decided by Arbitration, unless the law says otherwise.

CAUTION - You should read this carefully. If you do not understand it, you should ask your attorney to explain it to you.

IV. Miscellaneous

a. Funds Availability. There may be a delay between the time a deposit is made through the Services and when those funds are available for withdrawal or transfer. You should review our funds availability policy to determine the availability of the funds deposited. We reserve the right to refuse to complete any transaction that would draw upon insufficient funds, exceed a credit limit, lower an Account below a required balance, or otherwise require us to increase our required reserve on the Account.


b. Notice. You agree that we may send any information, disclosures and/or notices (including, but not limited to, change in terms notices) relating to the Services to you in electronic form by electronic mail. Subject to the requirements of applicable law, your agreement to receive communications electronically applies, without limitation, to any and all disclosures and information that we are required by applicable law to provide in writing. You agree that we may electronically post communications or make other information available in the applicable Service application or on the Site. We reserve the right to provide you with paper copies of any such notice in lieu of or in addition to electronic versions at any time in our discretion. You agree that we may mail paper versions of notices to your mailing address that appears in our records or otherwise provide notices to you pursuant to any other method to which you have agreed.


You may contact us electronically regarding inquiries, maintenance and/or some problem resolution issues through electronic mail or through the secured messaging service through Online Banking. Because email may not be a secure method of communication, we recommend that you not send confidential personal or financial information by email. You may contact us in writing at: IBERIABANK, ATTN: Online Customer Service, 5800 R Street, Little Rock, AR 72207. There may be times when you need to speak with someone immediately (especially to report a lost or stolen Security Credential, or to stop a payment). In these cases do not use e- mail. Instead, call us at (800) 682-2321.


c. New Services. As we introduce improved or new Services from time to time, your use of these improved or new Services is your agreement to be bound by all terms and conditions applicable to them.


d. Links. The Site and Services may contain links to third-party websites or resources. We have no control over such sites and resources, and you acknowledge and agree that we bear no responsibility for the availability of such external sites or resources. Your use of such third-party websites is subject to the terms of use and privacy policy, if any, governing use of such websites. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are not permitted to frame our Site or to deep link to any portion of our Site for any reason.


e. Disclosure of Account Information. Please refer to our Online Privacy Policy and Consumer Privacy Notice for a description of how we use the information about you that we gather through the Site or Services.


f. Governing Law. This Agreement shall be construed in accordance with and governed by the internal laws of the State of Florida (without regard to conflict of law principles) except as required by mandatory provisions of law, and your existing account relationships will continue to be governed by the laws as disclosed in those account agreements. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. This Agreement is a contract for services and not a sale of goods. The parties agree that this Agreement, the Site, Services, and Content shall not be subject to or governed by Uniform Commercial Code, Article 2 - Sales. Subject to the arbitration provisions in this Agreement, any proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the in the state or federal courts in North Palm Beach, Florida.

g. Data Recording; Consent to Communications. You agree that we may (without any obligation) record, retain, and/or monitor any communications (including, without limitation, telephone conversations) between you and us without further notice. You also acknowledge and agree that when you use the Services the transaction and other information you enter may be recorded and retained by us. All such information, data, and communications recorded, retained, or monitored by us shall be and remain our property, and we shall have no obligation to provide any such data to you, subject to the requirements of applicable law. If you request us to provide any such data, and if we agree, you agree to pay our fees and charges for making the data available to you. You acknowledge that you are responsible for the maintenance and storage of your own data and other information created through your use of the Services. You agree that we may call you, using an automatic telephone dialing system or otherwise, leave you a voice, prerecorded, or artificial voice message, or send you a text, email, or other electronic message to administer and manage the delivery of the Services to you, to collect any amounts you may owe under with respect to Services or for other informational purposes related to the Services. You agree that we may call or text you at any telephone number that you provide in connection with the Services, including cellular telephone numbers.


h. Changes to Your Contact Information. It is solely your responsibility to assure that the contact information you have provided to us in connection with your use of the Services is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. You may make changes to your email address or some of your other contact information by logging into Online Banking Service. To change the other contact information, you must contact us at (800) 682-2321 to make other changes to your user profile. Bank shall have no liability for any payment processing errors or any fees you may incur as a result of inaccurate or outdated contact information for you.


i. Interpretation. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of this Agreement or the application of the provision to the other parties or other circumstances. The headings to the Sections of this Agreement are included for convenience only and shall have no substantive meaning.


j. Entire Agreement; Waiver; Assignment. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Agreement is the entire agreement and a complete and exclusive statement of the agreement between the parties, which supersedes all prior or concurrent negotiations, proposals, and understandings, whether oral or written, and all other communications between the parties relating to the subject matter of this Agreement. No provision hereof shall be deemed waived, amended or modified except in a written addendum signed by an authorized representative of each party. A waiver by either party of any term, right, or condition of this Agreement, or any breach thereof, in any one instance, shall not waive such term, right, or condition or any subsequent breach thereof. This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors. You may not assign or otherwise transfer, by operation of law or otherwise, this Agreement or any rights or obligations herein.

Online Banking Services Schedule

I. Introduction


This Online Banking Service Schedule is a Service Schedule under the IBERIABANK Online Service Agreement (the “Agreement”) and sets forth
additional terms and conditions applicable to your use of the IBERIABANK Online Banking Services (“Online Banking”). Any conflict between this
Online Banking Service Schedule and the Agreement shall be resolved by reference to this Online Banking Service Schedule.
Capitalized terms not defined in this Online Banking Service Schedule have the meanings set forth in the Agreement.


II. Description of Services; General Provisions


a. Description of Services. In general, Online Banking enables you to use the Site to view Account balances and transaction histories, transfer funds
between Accounts, set up recurring transfers between Accounts, download Account transactions, and perform other Account related tasks. We may
offer additional or different Online Banking services in the future, all of which will be governed by the Agreement.


b. Access. To use Online Banking, you must have at least one Account at the Bank and complete an Online Banking application. Online Banking is
generally accessible 24 hours a day, seven days a week, except for reasonable periods of time for system maintenance. We are not liable for failure to
provide access due to a system failure or due to other unforeseen acts. Even in cases where notification is usually required we may modify, suspend
or terminate access to Online Banking at any time and for any reason without prior notice, in order to protect the system or your Account. We will
give you notice in other situations if required by law.

c. Security. We will assign to you an Online Banking client identification Security Credentials, which you must use to access Online Banking. We may require you to change your Security Credentials from time to time for security purposes. You are responsible for keeping your Security Credentials confidential. We are entitled to act on transaction instructions received using your Security Credentials, and you agree that the use of your Security Credentials will have the same effect as your signature authorizing the transaction. Although we make every effort to ensure that Online Banking is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We do not guarantee that all data transfers using Online Banking or email transmitted to and from us, will not be monitored or read by others.


d. Your Account. Notwithstanding any contrary provisions in your Account agreement, if you use Online Banking to access an Account that requires more than one signature to authorize an Electronic Funds Transfer or to write a check or complete another transaction, or your Account is subject to dollar or transaction limits, Bank will not monitor or restrict those aspects of those Accounts in relation to your use of Online Banking. When such a restricted Account is accessed through Online Banking, the authorized signers are jointly responsible for all transactions that occur in the Account, whether performed by a single authorized party, and whether the restrictions are violated or not. This provision shall supersede any contrary or conflicting provisions in your account agreement.


e. Service Limitations. For security purposes, we may from time to time establish limits on certain aspects of Electronic Funds Transfers through Online Banking:

  • On the dollar amount of Electronic Funds Transfers you may make each day;
  • On the number of balance inquiries, or number of dollar amount of transfers you may make via Online Banking in a single day (transfers from some types of Accounts are restricted by federal law, or by our design of the product, and you may refer to your Account agreement for further information regarding these limitations);
  • On the amount of transfers that you may make (this is also limited by the available balance in the account you wish to transfer from, including any funds available through overdraft protection you have with us).

If you request a transfer that exceeds the funds available in the account from which a transfer is being made, we will not be required to honor the request; however, if we, in our sole discretion, choose to make a requested transfer that exceeds the funds available in the account, that account will be subject to our current fee for processing items drawn against non-sufficient funds.


Online Banking instructions to transfer funds (excluding bill pay transactions) received by 7:00 p.m. CST on a business day will be credited/debited to your designated Accounts on that business day, assuming that you have sufficient available funds. Transfers processed after that time will be credit/debited on the next business day.


f. Our Liability for the Services. If we fail to timely complete a transfer to or from your Account using Online Banking, or if we fail to make payment in the correct amount, we may be liable for your losses or damages. Provided, however, in no event will we be liable for any losses or damages:

  • if you do not have sufficient funds in your Account or if a transaction would be over your credit limit on your overdraft protection;
  • if the money in your Account is subject to legal process or other claim restricting the transfer;
  • if the electronic device (telephone, computer, modem, or other) or communication line, circuit, network or service used to connect and/or provide instructions to us was not working properly;
  • if circumstances beyond our control prevent the completion of the transaction despite reasonable precautions that we have taken to avoid these circumstances;
  • if we believe in good faith that a breach of security has occurred or is occurring involving your Account(s) or your use of the Services; or
  • if there are other circumstances which relieve us from responsibility, for example in other agreements between you and us with respect to your Account(s), or if you did not receive a confirmation number for a transfer request when using this Service.

If Online Banking malfunctions and causes an incorrect amount of funds to be removed from your Account, we shall be responsible only for returning the improperly transferred funds to your Account and for directing the proper transfers.

Bill Pay Service Schedule


I. Introduction


This Bill Pay Service Schedule is a Service Schedule under the IBERIABANK Online Service Agreement (the “Agreement”) and sets forth additional terms and conditions applicable to your use of the Bill Pay Service available through Online Banking and Mobile Banking which permits you to initiate and authorize payments from your accounts to an individual or business (a “Payee”) you select to receive payments (the “Bill Pay Service”). Any conflict between this Bill Pay Service Schedule and the Agreement shall be resolved by reference to this Bill Pay Service Schedule.


Capitalized terms not defined in this Bill Pay Service Schedule have the meanings set forth in the Agreement.


II. Description of Services; General Provisions


a. Description of Services. The Bill Pay Service allow you to (i) pay bills to most merchants, individuals and institutions; (ii) set up recurring payments (only through Online Banking); and (iii) view your payment history.


b. Your Account. Notwithstanding any contrary provisions in your Account agreement, if you use the Bill Pay Service to access an Account that requires more than one signature to authorize an Electronic Funds Transfer, to write a check, initiate a bill payment, or complete another transaction, or your Account is subject to dollar or transaction limits, Bank will not monitor or restrict those aspects of those Accounts in relation to your use of the Services. When such a restricted Account is accessed through the Bill Pay Service, the authorized signers are jointly responsible for all transactions that occur in the Account, whether performed by a single authorized party, and whether the restrictions are violated or not. This provision shall supersede any contrary or conflicting provisions in your Account agreement.


c. Confirmation Number. A confirmation number will be assigned to each Bill Pay Service payment, amended payment, deleted payment, or skipped payment at the time you submit your request. Please record these confirmation numbers for future reference. These will help us resolve any questions, and expedite any request you may have about your Bill Pay Service transactions.


d. Our Liability for the Services. If we fail to timely complete a transfer to or from your Account using the Bill Pay Service, or if we fail to make payment in the correct amount, we may be liable for your losses or damages. Provided, however, in no event will we be liable for any losses or damages:

  • if you do not have sufficient funds in your Account or if a transaction would be over your credit limit on your overdraft protection;
  • if the money in your Account is subject to legal process or other claim restricting the transfer;
  • if the electronic device (telephone, computer, modem, or other) or communication line, circuit, network or service used to connect and/or provide instructions to us was not working properly;
  • if circumstances beyond our control prevent the completion of the transaction despite reasonable precautions that we have taken to avoid these circumstances;
  • if we believe in good faith that a breach of security has occurred or is occurring involving your Account(s) or your use of the Bill Pay Services; or
  • if there are other circumstances which relieve us from responsibility, for example in other agreements between you and us with respect to your Account(s), or if you did not receive a confirmation number for a transfer request when using the Bill Pay Service.
  • If the Bill Pay Service malfunctions and causes an incorrect amount of funds to be removed from your Account, we shall be responsible only for returning the improperly transferred funds to your Account and for directing the proper transfers.


e. Eligibility. To participate in the Bill Pay Service, you must have a checking Account with us and use Online Banking. You can use Bill Pay to make payments from any of your checking Accounts with us. To pay bills using the Bill Pay Service, first you use your Security Credentials for the Online Banking or Mobile Banking service to authorize a payment from your Account. After we receive your instruction the payment is made either by (i) transferring funds electronically from your Account to the Payee or (ii) preparing a paper check to the Payee and mailed via first class mail. This payment date should not be the “due date” of your bill; see below on how to schedule payments.

f. Recurring Payments. You may authorize recurring payments through Online Banking to pay recurring bills. These payments must be for the same amount each month, and these will be sent on the same calendar day of each month, if that day does not fall on a business day. When you enter and transmit payment instructions to us, you authorize us to withdraw funds from your Account and make the payment you direct. We will make that payment unless we have some reason not to do so, for example if your account has insufficient funds (including funds available under any discretionary overdraft line of credit or other bounce protection). You are responsible for any non-sufficient funds or overdraft charges the Bank may impose, as stated in the deposit agreements governing your Accounts. Bank will automatically execute bill payments according to your instructions and will continue until you cancel such instructions.


g. Payment Refusal. We also may refuse to honor payment requests that appear to be fraudulent, incomplete, erroneous, or if you do not follow the Bank’s instructions for the Bill Pay Service. You should be aware that some Payees do not accept electronic payments through our Bill Pay Service. When we receive such notice of refused electronic payment, our system automatically prepares and mails a paper check to the Payee. In addition, we reserve the right to refuse to pay certain Payees, including, without limitation, Payees appearing on the list of Specially Designated Nationals published by the Office of Foreign Asset Control in the United States Department of the Treasury.


h. Payment Timing. As you schedule payments, you should take into Account delays that arise in processing and mailing bill payments. In general, you may schedule bill payments for the current business day or any date in the future, and we will process your payment on the date you schedule. However, a bill payment may not actually be sent until two days after it is processed, so you should schedule payments to be processed at least two (2) Business Days before it will be sent.


i. Payment Processing. Payments will be processed twice a day Monday through Friday (excludes Saturdays, Sundays and holidays). Payments are processed at 2 a.m. CST and at 12 p.m. CST. If you schedule a payment to be processed before 2 a.m. CST for payment that day, it will be processed at 2 a.m.; subsequently, if you schedule a payment to be processed after that time, it is processed at 12 noon CST that same day. If you schedule a payment to be processed after 12 noon CST, it will be processed the next business day at 2 a.m. CST.


j. Weekends and Holidays. If a scheduled Bill Pay bill payment falls on a weekend or holiday, the payment will be made on the Friday before the weekend, or on the last business day before the holiday.


k. Payment Method. For payments made by paper check (not electronically), you agree that paper checks are mailed and may not be received by the Payee until 5 to 8 Business Days later. Also, many Payees are slow to process a payment on the day that it is received. You authorize us (and an agent that we may select) to use any payment method (electronic or paper) we choose to process each of your payments. Payments made by check will be sent by the U.S. Postal Service outside of the state in which the agreement transpired.


l. Debited Funds. For payments made electronically, funds are debited from your Account the same day that the payment is processed in accordance with Subsection 2i above. If the electronic payment is scheduled before 2 a.m. CST for payment that day, it will be processed at 2 a.m.; subsequently, if the payment is scheduled after that time it will be processed at 12 noon CST the same day. Any payments scheduled after 12 noon CST, will be processed the next business day at 2 a.m. CST.


m. Late Payments. You are responsible to use the Bill Pay Service so that your bills are paid on time. If you incur late payments or finance charges because you did not schedule payments or transmit payment instructions in a timely manner then you must pay those fees. We are not responsible for any delay or adverse consequence from the choice of payment methods, from delays in the delivery of mail or from the improper handling or transmission of payments by someone other than us. We also are not responsible for the failure of a Payee to accept, process or properly post a payment in a timely manner. We have no obligation to notify you if a payment is incomplete because there are insufficient funds in your account. In all cases, you must either make alternate arrangements for the payment or must reschedule the payment through the Bill Pay Service.


n. No Duty to Monitor. Bank has no duty to monitor payments made through the Bill Pay Service.


o. Cancellation. To cancel a bill payment that you have scheduled, you must cancel the payment online before the time it is scheduled to be processed. If the payment is being processed at 2 a.m. CST, then you must cancel it before that time. If it is scheduled for processing at 12:00 noon, you must cancel it before that time.

p. Stop Payment Requests.

Electronic Payments: You CANNOT cancel or stop a bill payment which is being paid electronically. Once it is processed and debited from your account, it is gone.


Paper Check Payments: You may request that Bank stop payment on a paper draft drawn against your Account if Bank has not accepted, certified, made final payment on or otherwise become accountable for the item. If the paper draft has not cleared, we will immediately process your stop-payment request. To be effective, this type of stop-payment request must precisely identify the name of the Payee, the Payee- assigned account number, the amount and scheduled date of the payment, and the Payee ID number from the Bill Payment Service “Payment History” Screen. You may be required to confirm the stop payment request in writing and mail it to us within 14 days of your request. You will incur stop-payment charges as disclosed in the current Fee Schedule.

Mobile Banking Service Schedule

I. Introduction

This Service Schedule is a Service Schedule under the IBERIABANK Online Service Agreement (the “Agreement”) and sets forth additional terms and conditions applicable to your use of the IBERIABANK Mobile Banking Service (for purposes of this Service Schedule, “Mobile Banking” or the “Service”). Any conflict between this Service Schedule and the Agreement shall be resolved by reference to this Service Schedule.

Capitalized terms not defined in this Service Schedule have the meanings set forth in the Agreement.

II. Description of Services; General Provisions

a. Description of Services. Mobile Banking is a financial information management service that allows you to access your account information, make payments to Payees, and make other banking transactions. To utilize this service, you must own a cellular phone, PDA, or other mobile device (a "Wireless Device"). Once you have enrolled for the service through our Online Banking Program, designated Account(s) linked to your online banking account will be accessible through your Wireless Device, together with Payees who have previously consented to accept payments.

b. Access. Mobile Banking is only available to customers who have a deposit Account with us.. You agree to provide a valid phone number for this Service so that we may send you certain information about your applicable Account(s). You agree and understand that Mobile Banking may not be accessible or may have limited utility over some wireless networks, for example, while roaming.

III. Additional Terms and Conditions Applicable to the Service

a. Your Representations and Warranties.

  • You represent and warrant that you are the legal owner of the Account(s) and other financial information which may be accessed via Mobile Banking.
  • You represent and warrant that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking.
  • You agree not to misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.

b. Authorized Users. You agree that Mobile Banking is only for the use of individuals authorized to access your Account. You agree not to give or make available your Mobile Banking Security Credentials or other means to access your Account to any unauthorized individuals.


c. Liability. You agree that we will not be liable for losses or damages caused in whole or in part by your actions or omissions that result in any disclosure of Account information to third parties. Also, nothing about Mobile Banking creates any new or different liability for us beyond what is already applicable under your existing Account agreements.

 

d. Indemnification. You agree to indemnify, defend and hold harmless us and our affiliates and service providers from any claims, liability, damages,
expenses and costs (including, but not limited to, reasonable attorney fees) (including claims, liability, damages, expenses and costs of third parties)
caused by or arising from your use of Mobile Banking, or your infringement, or infringement by any other user of this Service, of any intellectual
property or other rights of any third party. Your obligation under this paragraph shall survive termination of the Agreement. You agree that, while
using Mobile Banking, you will remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers,
including, but not limited to, your communication service provider (i.e., AT&T, Verizon, etc.), and that the Agreement does not amend or supersede
any of those agreements. The foregoing indemnification and hold harmless obligations are in addition to, and not in limitation of, the indemnification
and hold harmless obligations set forth in the Agreement.


e. Fees and Charges. Regardless of whether there is a separate service fee for Mobile Banking, you are responsible for any and all charges,
including, but not limited to, fees otherwise applicable to your Account(s) and fees associated with data plans imposed by your communication
service provider.


f. Unauthorized Transfers. You are responsible for all bill payments, transfers or other transactions you authorize while using Mobile Banking. If
you permit other persons to use your Mobile Device, then you are responsible for any transactions they authorize. If you believe that your Mobile
Device or other means to access your account has been lost or stolen or that someone may attempt to use Mobile Banking without your consent, or
has transferred money without your permission, you must notify us promptly by calling (800) 682-2321 between 7:00 a.m. and 7:00 p.m. CST
Monday through Friday.


g. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (i)
infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) be fraudulent or
involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (iii)
violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair
competition, anti- discrimination or false advertising); (iv) be false, misleading or inaccurate; (v) create liability for us or our affiliates or service
providers, or cause us to lose (in whole or in part) the services of any of our service providers; (vi) be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (vii) potentially be perceived as illegal, offensive or objectionable; (viii) interfere with or disrupt computer
networks connected to Mobile Banking; (ix) interfere with or disrupt the use of Mobile Banking by any other user; or (x) use Mobile Banking in such
a manner as to gain unauthorized entry or access to the computer systems of others.


h. No Commercial Use or Re-Sale. You agree that the Mobile Banking Service is for personal use only. You may not copy, reproduce, resell, lease,
distribute or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology,
including, but not limited to, any software or other Mobile Device applications associated with Mobile Banking.


i. Messages from Us. You will never receive any messages from Bank asking you to send us any sensitive personal or financial information such as
your social security number or your account number. If you ever receive such a request for sensitive personal or financial information, do not respond
to the message and call us at (800) 682-2321 to report the incident.

 

Mobile Text Message Banking Service Schedule

I. Introduction

This Mobile Text Message Banking Service Schedule is a Service Schedule under the IBERIABANK Online Service Agreement (the “Agreement”)
and sets forth additional terms and conditions applicable to your use of Mobile Text Message Banking Service that allows you to receive certain bank
account information through a Mobile Device (“Mobile Text Message Banking”). Any conflict between this Mobile Text Message Banking Service
Schedule and the Agreement shall be resolved by reference to this Mobile Text Message Banking Service Schedule.


Capitalized terms not defined in this Mobile Text Message Banking Service Schedule have the meanings set forth in the Agreement.


II. Description of Services; General Provisions


a. Description of Services. Mobile Text Message Banking is a service that allows you to receive certain bank account information through a Mobile
Device. Once you have enrolled for the service through our Online Banking Program, you will receive certain information as to your designated
Accounts through your Wireless Device. We will determine in our sole discretion what information is made available through Mobile Text Message
Banking.


b. Access. Mobile Text Message Banking is only available to customers who have a deposit Account with us. You agree to provide a valid phone
number for this Service so that we may send you certain information about your applicable Account(s). You agree and understand that Mobile Text
Message Banking may not be accessible or may have limited utility over some wireless networks, for example, while roaming.


III. Additional Terms and Conditions Applicable to the Service


a. Text Messages. We may send any Mobile Text Message Banking message through your communication service provider in order to deliver such
to your Wireless Device. You agree that your communication service provider is acting as your agent in this capacity.


b. Indemnification. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses
(including reasonable attorneys' fees) arising from your provision of a phone number that is not your own. Further, you agree to indemnify us from
your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the
Agreement. The foregoing indemnification and hold harmless obligations are in addition to, and not in limitation of, the indemnification and hold
harmless obligations set forth in the Agreement.


c. Account Statements. Mobile Text Message Banking is provided for your convenience and does not replace your monthly bank Account statement(s), which are the official record of your Account(s).

d. Security of Mobile Device. Mobile Text Message Banking will not be encrypted and at some point, may include personal or confidential
information about you, such as your Account activity or status. You agree to protect your Mobile Device that receives information through Mobile
Text Message Banking and not to let any unauthorized person have access to the information we provide to you through this Service. You further
agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonably
attorneys’ fees) arising from access to your Mobile Device by anyone other than you. The foregoing indemnification and hold harmless obligations
are in addition to, and not in limitation of, the indemnification and hold harmless obligations set forth in the Agreement.


e. Delays in Service. Receipt of Account information through Mobile Text Message Banking may be delayed or impacted by factor(s) beyond our
control, including but not limited to factors pertaining to your communication service provider or other parties.


f. Limitation of Liability. We will not be liable for losses or damages caused in whole or in part by your actions or omissions that result in any
disclosure of Account information to third parties. Also, nothing about Mobile Text Message Banking creates any new or different liability for us
beyond what is already applicable under your existing Account agreements.

g. Fees and Charges. Regardless of whether there is a separate service fee for Mobile Text Message Banking, you are responsible for any and all
charges, including, but not limited to, fees otherwise applicable to your Account(s) and fees associated with text messaging imposed by your
communication service provider. Standard text message charges may apply. Such charges may include those from your communication service
provider. Message frequency depends on user preferences.


h. Messages from Us. We will not send you marketing messages through Mobile Text Message Banking. You will never receive a Mobile Text that
asks you to send us any sensitive personal or financial information such as your social security number or your account number. If you ever receive
such a request for sensitive personal or financial information, do not respond to the message and call us at (800) 682-2321 to report the incident.

Mobile Deposit Capture Service Schedule

I. Introduction


This Mobile Deposit Capture Service Schedule is a Service Schedule under the IBERIABANK Online Service Agreement (the “Agreement”) and
sets forth additional terms and conditions applicable to your use of the Mobile Deposit Capture Service that allows you to make deposits to eligible
Accounts from your Mobile Device by scanning checks payable to you and electronically delivering the scanned images for deposit (“Mobile Deposit
Capture”). Any conflict between this Mobile Deposit Capture Service Schedule and the Agreement shall be resolved by reference to this Mobile
Deposit Capture Service Schedule.


Capitalized terms not defined in this Mobile Deposit Capture Service Schedule have the meanings set forth in the Agreement.


II. Description of Services; General Provisions


a. Description of Services. Mobile Deposit Capture is a service that allows you to make deposits to eligible Accounts from remote locations by
scanning checks payable to you and electronically delivering the scanned images for deposit.


b. Access. Mobile Deposit Capture is only available to customers who have a deposit Account with us. To use Mobile Deposit Capture, you must
have a supported Mobile Device with a supported camera and a supported operating system, have a data plan for your Mobile Device, and download
the required application to your Mobile Device. We do not guarantee that your particular Mobile Device, mobile device camera, mobile device
operating system or mobile carrier will be compatible with Mobile Deposit Capture. Bank is not responsible for any Mobile Device or any other
hardware or software used by you with respect to Mobile Deposit Capture. You agree and understand that Mobile Deposit Capture may not be
accessible or may have limited utility over some wireless networks.


c. Account Acceptance. The following are requirements that must be met for initial approval to use Mobile Deposit Capture.
Your Account must be open for a minimum of 30 days.

 

  • No delinquent loans with us.
  • No history of excessive or repeated returned items (as determined in our sole discretion).
  • Satisfactory deposit/checking account history results obtained from eFunds/Chex Systems or other reporting service. Any derogatory
  • result(s) will be cause for denial of Mobile Deposit Capture. You hereby authorize us to review your history with eFunds/Chex
  • Systems or such other reporting service as we may use from time to time.


Satisfaction of other requirements or conditions we may deem applicable from time to time.


III. Additional Terms and Conditions Applicable to the Service


a. Authorization. Following your successful enrollment in Mobile Deposit Capture, you are authorized to remotely deposit checks or items payable
to you in your Account pursuant to the terms and conditions of this Addendum. You acknowledge and agree that any amount credited to your
Account for deposits made through the Service are provisional credits only and you agree to indemnify, defend, and hold us harmless from and
against any loss we suffer because of our acceptance of any remotely deposited item or check. The foregoing indemnification and hold harmless
obligations are in addition to, and not in limitation of, the indemnification and hold harmless obligations set forth in the Agreement.


b. Limitations. When using Mobile Deposit Capture, you may experience technical or other difficulties. We do not assume responsibility for any such difficulties or any resulting damages that you may incur. For security reasons, Mobile Deposit Capture has qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue Mobile Deposit Capture, in whole or in part, or your use of Mobile Deposit Capture, in whole or in part, immediately and at any time without prior notice to you. We reserve the right to limit the number of Mobile Devices through which you may access Mobile Deposit Capture. Except as expressly provided in this Mobile Deposit Capture Schedule, deposits made though Mobile Deposit Capture are subject to all limitations and terms set forth in the relevant deposit agreement governing your Account as it may be modified from time to time, including, but not limited to, those related to deposit acceptance, crediting, collection, endorsement, processing order and errors.

c. Eligible Checks and Items. You agree to scan and transmit only checks as that term is defined in Federal Reserve Regulation CC ("Reg CC") and
only those checks that are permissible under this Mobile Deposit Capture Service Schedule or such other items as we, in our sole discretion, elect to
include under the Service. You agree that the image of the check transmitted to us shall be deemed an "item" within the meaning of Article 4 of the applicable Uniform Commercial Code. You agree that you will not use Mobile Deposit Capture to scan and deposit any checks or other items as shown below:

 

  • Checks or items payable to any person or entity other than you, or to you and another party.
  • Checks or items containing alteration to any of the fields on the front of the check or item (including the MICR line), or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
  • Checks or items previously converted to a substitute check, as defined in Reg CC.
  • Checks or items drawn on a financial institution located outside the United States.
  • Checks or items that are remotely created checks, as defined in Reg CC.
  • Checks or items not payable in United States currency.
  • Checks or items dated more than 6 months prior to the date of deposit.
  • Checks or items that are postdated, defined as having an issue date after the date of deposit.
  • Checks or items on which a stop payment order has been issued or for which there are insufficient funds.
  • Checks or items previously presented for payment to us or another financial institution.
  • Checks or items marked, in any manner, as “non-negotiable.”
  • Third party checks, defined as any item that is made payable to another party and subsequently endorsed to you by such party or any successor payee.
  • Checks or items prohibited by our current procedures relating to Mobile Deposit Capture or which are otherwise not acceptable under the terms of your Account.


Nothing in this Mobile Deposit Capture Schedule shall be construed as requiring Bank to accept any check or item for deposit, even if we have accepted that type of check or item previously. Nor shall we be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements of this Mobile Deposit Capture Schedule.

 

d. Security of Your Mobile Device and Account Information. You are responsible for:
i. Maintaining the confidentiality and security of your Mobile Device(s) and Security Credential(s), including but not limited to, access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service (collectively, "Access Information").


ii. Preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Service (collectively, "Account Information"). You agree not to supply your Security Credential(s) to anyone.

iii. All electronic communications, including image transmissions, email and other data ("Communications") entered using the Security Credential(s). Any Communications received through the use of your Security Credential(s) will be deemed to be sent or authorized by you.

iv. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Security Credential(s) or your Mobile Device(s). We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft or unauthorized use of Security Credential(s) or your Mobile Device(s) has/have occurred.


e. Image Quality. The image of a check or item transmitted to Bank using Mobile Deposit Capture must be legible and accurately provide all information on the front and back of the check or item. Among other things, the following information must be provided on each item or check: (i) the information identifying the drawer and paying bank, including completed and accurate MICR information and maker’s signature; and (ii) other information placed on the check or item prior to the time an image of the check or item is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality of the checks and items must comply with the standards established from time to time by the American National Standards Institute (ANSI), or any higher standard set by us, and with any requirements set by any clearing house we use or agreement we have with respect to processing checks or items. You agree that we shall not be liable for any damages resulting from a check’s or item's poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.

f. Endorsements and Procedures. Before transmission, you agree to restrictively endorse any check or item transmitted through Mobile Deposit Capture as "For deposit only, IBERIABANK" along with your signature or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of Mobile Deposit Capture as we may establish from time to time. You agree to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through Mobile Deposit Capture.


g. Receipt of Checks and Items; Crediting. We reserve the right to reject any check or item transmitted through the Service, at our discretion, without liability to you. We are not responsible for checks or items we do not receive in accordance with this Mobile Deposit Capture Service Schedule or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item. As provided in the relevant deposit agreement governing your Account and subject to Bank’s Funds Availability Schedule, deposits received and accepted before a particular time of the day (the "Cutoff Time") on a Business Day are credited on the same day and deposits received and accepted after the Cutoff Time on a Business Day are credited on the next Business Day. Bank may establish later Cutoff Times for checks and items deposited via Mobile Deposit Capture, crediting your Account for such checks and items even if received and accepted after the applicable Cutoff Time specified in the relevant deposit account agreement governing your Account. In the event that we establish later Cutoff Times for checks and items deposited via Mobile Deposit Capture, we reserve the right to change the Cutoff Times at any time as permitted by law. Regardless of whether we establish later Cutoff Times for checks and items deposited via Mobile Deposit Capture, you understand and agree that checks and items must be received and accepted by us before the applicable Cutoff Time and must not be incomplete, illegible or erroneous to be eligible for same-day crediting.

 

h. Availability of Funds. You agree that check images transmitted using Mobile Deposit Capture are not subject to the funds availability requirements of Regulation CC. Except as otherwise provided and subject to the requirements of applicable law, funds from any check transmitted through the Mobile Deposit Capture will be available after final payment, and any credit of funds to your Account before that time is provisional. We may make fund available sooner based factors as we, in our sole discretion, deem relevant. In the event of any dishonor or non-payment, we reserve the right to chargeback your Account and charge you any applicable fees.


i. Disposal of Transmitted Checks and Items. After a check or item has posted to your Account, you agree to prominently mark the check or item as "ELECTRONICALLY PRESENTED" or "VOID." You agree never to re-present to us or any other party a check or item that has been deposited through Mobile Deposit Capture unless we notify you that the check or item will be accepted for deposit through Mobile Deposit Capture. You will promptly provide any check or item, or a sufficient copy of the front and back of the check or item, to Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or item, or for our audit purposes. You agree to destroy or otherwise properly dispose of checks and items that have been accepted for deposit through Mobile Deposit Capture and have cleared to ensure that such checks and items are not re-presented for payment and, prior to disposal or destruction, to safeguard such checks and items.


j. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using Mobile Deposit Capture and to modify such limits from time to time. We may reject any deposit attempted through Mobile Deposit Capture in excess of the limits. You can view your limits within the Service.
k. Presentment. The manner in which the checks and items are cleared, presented (or represented) for payment, and collected shall be in Bank’s sole discretion as set forth in the relevant deposit account agreement governing your Account.


l. Errors. Should you suspect any errors regarding checks or items deposited through Mobile Deposit Capture, you agree to notify us immediately, but in any event, no later than sixty (60) days from the mailing date of the first statement that contains the suspected error. The terms of the Deposit Account Agreement regarding your responsibility to timely review statements and transaction histories and to report errors and discrepancies remains in full force and effect and apply to transactions made through Mobile Deposit Capture. You agree to fully cooperate with us and to assist us, and to provide such records and documentation as we may request, in the investigation, correction and resolution of any errors or problems related to your use of Mobile Deposit Capture.

m. Promises You Make to Us. With respect to your use of Mobile Deposit Capture, you warrant to Bank that:
i. You will only transmit eligible checks and items that you are entitled to enforce and all checks and items will include all signatures required for their negotiation.
ii. Images will meet the image quality standards in effect from time to time as set forth in this Mobile Deposit Capture Service Schedule.
iii. You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.
iv. You will not deposit or re-present the original check or item with Bank or any other party.
v. All information you provide to Bank is accurate and true, including all images transmitted to us accurately reflect the front and back of the check or item at the time it was scanned.
vi. You will comply with this Mobile Deposit Capture Service Schedule and all applicable rules, laws and regulations.
vii. You will use Mobile Deposit Capture only for your own deposits and will not allow the use of Mobile Deposit Capture by, or for the benefit of, any third party.
viii. You will not use Mobile Deposit Capture in locations or in ways that are prohibited under U.S. law and regulations, including, but not limited to laws and regulations pertaining to or issued by the Office of Foreign Assets Control.

Bank-to-Bank Transfer Service Schedule


I. Introduction


This Bank-to-Bank Transfer Service Schedule is a Service Schedule under the IBERIABANK Online Service Agreement (the “Agreement”) and sets forth additional terms and conditions applicable to your use of the Bank-to-Bank Transfer Service available through Online Banking and Mobile Banking (“Bank-to-Bank Transfer Service”). Any conflict between this Bank-to-Bank Transfer Service Schedule and the Agreement shall be resolved by reference to this Bank-to-Bank Transfer Service Schedule.
Capitalized terms not defined in this Bank-to-Bank Transfer Service Schedule have the meanings set forth in the Agreement.


II. Description of Services; General Provisions


a. Description of Services. Bank-to-Bank Transfer Service is a service that allows you to transfer funds between your linked consumer deposit accounts at Bank and certain deposit accounts at other financial institutions. An inbound transfer moves funds into an account at Bank. An outbound transfer moves funds from an account at Bank to an account outside of Bank.


b. Access. Within Online Banking you may separately enroll for Bank-to-Bank Transfer Services. To utilize the Bank-to-Bank Transfer Service, you must enroll each of your non-Bank accounts (i.e., deposit accounts with other financial institutions) that you wish to use for this Service. You agree that you will only attempt to enroll accounts for which you have the authority to transfer funds. All accounts requested to be used as part of the Bank-to-Bank Transfer Service will be verified in accordance with Bank procedures. The verification process must be completed prior to using the Service. You will have ten (10) days after enrolling an account to complete the verification process. Verification instructions are provided during the enrollment process.


III. Additional Terms and Conditions Applicable to the Service


a. Scheduled Date of Transfer. Funds requested to be transferred will be debited/credited to your Account the third (3rd) Business Day following the day you initiate the transfer, provided you have met the cutoff time for submitting the transfer instructions. With respect to future dated or recurring transfers, these time limits will be the third (3rd) Business Day following the scheduled date of the transfer. The cutoff time for initiating transfers is 4:30 PM Central Time. Funds requested to be transferred will be debited/credited to the non-Bank account according to that particular financial institution’s availability and transaction processing schedule.


b. Cancellation of Transfers. Requests for immediate transfers of funds cannot be canceled. Future dated and recurring transfers can be canceled by 4:30 PM Central Time the day prior to the scheduled transfer date. If the transfer status is listed as “In Process,” “Pending,” or “Processed,” you cannot cancel the transfer.

c. Limits on Transfers. We reserve the right to impose limits on the amount(s) and/or the number of deposits (over a period of time set by us) that you transmit using this Service and to modify such limits from time to time. We may reject any Transfer attempted through the Bank-to-Bank Transfer Service in excess of the limits. You can view your limits within the Bank-to-Bank Transfer Service.

eStatement/eNotice Service Schedule

I. Introduction

This eStatement/eNotice Service Schedule is a Service Schedule under the IBERIABANK Online Service Agreement (the “Agreement”) and sets forth additional terms and conditions applicable to the eStatement/eNotice Service that allows you to receive Bank statements and notices electronically (via email) in lieu of paper copies received through the U.S. mail (the “eStatement/eNotice Service”). Any conflict between this eStatement/eNotice Service Schedule and the Agreement shall be resolved by reference to this eStatement/eNotice Service Schedule.


Capitalized terms not defined in this eStatement/eNotice Service Schedule have the meanings set forth in the Agreement.


II. Description of Services; General Provisions


a. Description of Services. The eStatement/eNotice Service is a service that allows you to receive periodic statements and notices for your Bank account(s) by electronic delivery (email). Such electronic statements and notices are referred to as "eDocuments." By enrolling in the eStatement/eNotice Service, you are electing to receive your periodic account statements and notices electronically. Once enrolled, the eStatement/eNotice Service will replace your mailed paper statement(s) with an electronic text document that you can view, save to your computer, or print at your convenience. Any legal disclosures that normally accompany your mailed statement will also be delivered to you electronically. Although by enrolling in the Service you are opting out from receiving your paper statement(s) or notice(s) by U.S. mail, you have the option to receive a paper statement or notice at any time by request, subject to additional fees.


b. Access. You must be an Online Banking customer to enroll for eDocuments and have at least one eligible Account. You must also run the latest version of Adobe Acrobat Reader®, which is required to open and view your eDocuments.


III. Additional Terms and Conditions Applicable to the Service


a. Viewing Your eDocuments. Your eDocuments will be sent via secure email within 48 hours after your scheduled statement/notice date. The delivery method used is a 'Push' method, meaning your eDocuments are emailed to you as a secure .pdf (Portable Document Format) attachment. Your eDocuments are also available for viewing by logging onto Online Banking.


b. Security Credentials. Your IBERIABANK Online ID and Password are your credentials to access your eDocuments via the PDF attachment received via email or by logging onto Online Banking. We require both sets of credentials to gain access to your eDocuments. No one representing Bank will ask for your Password. You should never give your Password to anyone who asks for it in an email or by phone or anyone else who you do not want to have access to your account.


c. Additional Recipients. You have the option to have your eDocuments emailed to one additional recipient. It is your responsibility to maintain the ID, Password, and email addresses for the additional recipient.


d. Up to Date Email Address. If you change your email address and have not updated it with us, you agree that your failure to provide us with a good email address is lack of ordinary care on your part. If we become aware that you are not receiving your eStatement(s) and our attempts to contact you have failed, we will send your statement(s) to you via U.S. Mail to your last address known to us.


e. Review of Your eStatements. You must promptly access and review your eStatement(s) upon receipt and any accompanying items and notify us in writing immediately of any error, unauthorized transaction, or any other irregularity. You acknowledge that under the agreement(s) governing the Account(s) enrolled in the eStatement/eNotice Service, you have certain time limits to review your periodic account statement(s), which by the terms of this eStatement/eNotice Service Schedule means your eStatements and check images and to report any forgeries, alterations, or any other unauthorized withdrawals or transactions to us. You agree that the time limit to report these matters to Bank will commence on the day your eStatement is emailed by us, or if sooner, when your eStatement is made available for your review via Online Banking.

f. Your Representations and Warranties. In using the Service, you represent and warrant to Bank:

 

  • That you are an Online Banking customer of the bank and that your computer meets the specified requirements;
  • That you have access to the internet, and that you are able to send email and receive email with hyperlinks to websites;
  • That you authorize the bank to replace your periodic paper statements with periodic eStatements;
  • That you are consenting on behalf of all other co-owners and/or authorized signers to enroll the accounts you have selected in the Service, as applicable, and that you are authorized to consent on their behalf; and
  • For business entities, that you are the principal owner/owners of the business that is the owner of the account that is being enrolled for the Service.

g. Past Statements. The prior 18 months of eStatement(s) and past 6 months of eNotice(s) will be available through the Service for printing or saving to your personal computer.

h. Check Images. Your check images are included with the eStatement. You also have the option to view your check images for 90 days (if applicable to your specific account type) using the online banking transaction option.


i. Disruptions in Service. Because of the unpredictability of the Internet, we do not guarantee continuous or uninterrupted access to your periodic statements and other documents through the eStatement/eNotice Service. However, should you be unable to access your statements, you can contact us and we will take other measures to provide copies of your statements to you.


j. Cancellation of Service. There is no fee for cancellation of the eStatement/eNotice Service. When you cancel the Service, you will automatically begin receiving paper statements in the mail with your next account statement cycle. If you close your account(s) or cancel the Service, you will no longer be able to view your account statements online. Before canceling the eStatement/eNotice Service or closing your account, print or electronically save copies of your eDocuments for your records. If you cancel the eStatement/eNotice Service, we will not refund any portion of any fee assessed or incurred prior to the actual cancellation of the eStatement/eNotice Service.