CONSUMER INTERNET BANKING AGREEMENT AND DISCLOSURE
This Agreement describes your rights and obligations as a user of the Online Banking Service and all other services made available online by Preferred Bank, including without limitation the Online Bill Payment Service ("Service" or "Services"). It also describes the rights and obligations of Preferred Bank. Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service. If you do not agree to these terms, do not complete your registration for the Services or use the Services.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the "I Accept" button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Preferred Bank for the provision of certain Online Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.
You are also acknowledging receipt of the following information and agree that:
* You will check your e-mail regularly for Notices from Preferred Bank.
* You will provide accurate, current and truthful registration information and contact information (including your e-mail address) and that you will keep this contact information up-to-date with Preferred Bank.
* We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transaction you conduct using the Service.
* We may provide you revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as a part of the Services. While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we only provide these documents electronically.
* You have a right at any time to withdraw your consent to receive information electronically. However, because the Agreement and the Information are provided only in electronic format, your withdrawal of consent will terminate all the Services. You will be charged a fee for delivery of printed statements. Review The Bank’s current Service Fee Schedule to determine this amount.
* If you wish to withdraw consent to receive information electronically, to terminate the Services, or to update your information such as a change of address, or email address, you can call Preferred Bank at 281-556-6443, send a fax to us at: 281-556-9750 or write a letter and send it to:
Attention: Account Administration
11757 Katy Freeway, Suite 100
Houston, Texas 77079
* You are able to access information that is provided in the same manner as the information and the Services via the Internet.
The following definitions apply in this Agreement.
"Online Banking" is the Internet-based service providing access to your account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement.
"Online Account" is a Preferred Bank account from which you will be conducting transactions using a Service.
"Business Day" refers to Monday through Friday, excluding holidays as determined by Preferred Bank. All Online transaction requests received after regular banking hours or on a non-Business day, will be processed immediately, but may not appear in the online history until the following Business Day.
Preferred Bank Regular Banking Hours:
Monday through Friday 9:00 a.m. – 5:00 p.m.
"Password" is a series of numbers, special characters and/or letters that you select after the initial sign-on that establishes your connection to the Service(s). Preferred Bank will provide you with a code for use during the initial sign-on process.
"Time of day" references are to Central Standard Time.
"Preferred Bank”, “we," "us" or "our" refer to Preferred Bank, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.
ACCESS TO SERVICES
Preferred Bank will provide online instructions describing how to use the Online Banking Service or Online Bill Payment Service. To gain access to this Service you will need your Access ID and your Password.
HOURS OF OPERATION
The Service(s) are generally available 24 hours a day, 7 days a week, except during special maintenance and upgrade periods, which are scheduled between 11:00 pm Wednesday to 5:00 am CT Thursday, and 11:00 pm Sunday to 5:00 am CT Monday. When this occurs the service(s) will not be available.
Currently there is no associated fee to access the Online Banking Service or Online Bill payment. If and when fees are assessed a minimum of 30 days notice will be given to Online Banking customers.
USE OF YOUR SECURITY PASSWORD
The safety of our customers' accounts and account information is of paramount importance to Preferred Bank. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions initiated through the Services with your Preferred Bank Access ID, up to the limits allowed by applicable law. While Preferred Bank continues to provide our customers with the level of online security we believe necessary and appropriate, customers who share their Access IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. No representative from Preferred Bank will ever call or e-mail and ask for your Access ID or User Password; however, if you contact Preferred Bank, you may be asked for your Access ID and other personal information to verify your identity.
IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If your Password has been lost or stolen, call Preferred Bank immediately at 281-556-6443. Telephoning Preferred Bank is the best way of minimizing your losses--- DO NOT USE EMAIL TO NOTIFY US. You may also restore the security of your Service by immediately changing your Password. If you believe your Password has been lost or stolen and you notify us within two Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within two Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.
BANKING TRANSACTIONS WITH ON-LINE BANKING
In addition to viewing account information, you may use Online Banking to conduct the following transactions:
* Transfer funds among your linked checking, savings, loans and line of credit accounts.
* Stop Payment Authorizations – You may complete a stop payment request Online. A fee will
apply for each stop payment request placed. Review The Bank’s current Service Fee Schedule to determine this
amount. Stop payment requests placed after regular banking hours
may not be processed until the next business day. Your Online request to place a stop payment will
be your electronic signature authorization to complete the stop payment order.
NOTE: Because regulations require Preferred Bank to limit pre-authorized transfers (including Online Banking
transfers), the following limitations apply:
* Savings Accounts and Money Market Accounts -- You can make no more than six (6) transfers per month or statement period by certain types of transactions.
* New services may be introduced for Online Banking from time to time. Preferred Bank will notify you of the
existence of these new services. By using these services when they become available, you agree to be bound by
the rules that will be made available to you concerning these services.
ONLINE BILL PAYMENT
Pay bills to third party vendors Online from your checking account. (Refer to Terms and Conditions from Online Bill Pay).
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. You will be charged a fee for delivery of printed statements. Review The Bank’s current Service Fee Schedule to determine this amount.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify Preferred Bank immediately at 281-556-6443, or write a letter and send it to:
Attention: Customer Service
11757 Katy Freeway, Suite 100
Houston, Texas 77079
If you do not notify Preferred Bank within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Preferred Bank had been notified in time.
ERRORS AND QUESTIONS
In case of errors or questions regarding an Online Banking or Online Bill Payment transaction, you may call Preferred Bank at 281-556-6443, or write a letter and send it to:
Attention: Customer Service
11757 Katy Freeway, Suite 100
Houston, Texas 77079
We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. We will need:
* Your name and account number.
* A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or
need more information.
* The dollar amount of the suspected error.
* The date on which it occurred.
If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact. We will notify you with the results of the investigation within ten (10) Business Days after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Business Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.
If your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 Business Days in place of 10 Business Days and 90 calendar days in place of 45 calendar days.
If we determined that no error occurred, we will send you a written notice within three (3) Business Days. You may request copies of the documents that were used in the investigation.
You agree that Preferred Bank may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by Preferred Bank shall be considered received within three (3) Business Days of the date sent by Preferred Bank , regardless of whether or not you sign on to the Service within that time frame.
LIMIT OF PREFERRED BANK’S RESPONSIBILITY
Preferred Bank agrees to make reasonable efforts to ensure full performance of Online Banking and Bill Pay. Preferred Bank will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for circumstances over which the bank has no direct control. This includes but is not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. Preferred Bank is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
Any information you receive from Preferred Bank is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Preferred Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
Preferred Bank is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking and Bill Pay. Preferred Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
The limit of Preferred Bank's liability shall be as expressly set forth herein. Under no circumstances will Preferred Bank be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all rights to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
PREFERRED BANK’S RESPONSIBILITY
Preferred Bank will be responsible for your losses, as allowed by law, if they were directly caused by our failure to:
* Complete an Electronic Funds Transfer as properly requested.
* Cancel an Electronic Funds Transfer as properly requested.
However, we will NOT be responsible for your losses if:
* Through no fault of Preferred Bank, you do not have enough money in your account to make the transfer.
* Through no fault of Preferred Bank, the transaction would have caused you to exceed your available credit.
* Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
* There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
* Your funds are subject to legal process or other encumbrance restricting the transfer.
* Your transfer authorization terminates by operation of law.
* You believe someone has accessed your accounts without your permission and you fail to notify Preferred Bank immediately.
* You have not properly followed the scheduling instructions, included in this Agreement, to make a transfer or the Payee refuses the Service.
* For the failure of any payee to correctly account for or credit the payment in a timely manner.
* We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
* For changes to the payee's address or account number (unless you have advised us of the change within three (3) Business Days in advance).
* We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
ELECTRONIC MAIL (EMAIL)
If you send Preferred Bank an electronic mail message through the Service, Preferred Bank will be deemed to have received it on the following Business Day.
Emails will be answered within a reasonable timeframe.
You should not rely on electronic mail if you need to communicate with Preferred Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).
You agree that Preferred Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Preferred Bank shall be considered received within three (3) days of the date sent by Preferred Bank , regardless of whether or not you sign on to the Service within that time frame.
Internet banking alerts allow you to set up automated alert events based on your own criteria. Alerts may be sent via email, in an online message box within Online Banking, or to a Mobile Device. Email alerts will be sent to the email address you provide in creating the alert.
In addition to this Agreement, you and Preferred Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking service or the Online Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Preferred Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct any fees related to this Service from your Bill Pay Account each month. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor's Agreement and Terms and Conditions apply to this Service.
MODIFICATIONS TO THIS AGREEMENT
Preferred Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
A copy of Preferred Bank's Consumer Privacy Statement is available upon request at any of our branches, or can be mailed to you upon request by calling Preferred Bank at 281-556-6443, or writing a letter and sending it to:
Attention: Customer Service
11757 Katy Freeway, Suite 100
Houston, Texas 77079
You can also access our Policy online by clicking on the Privacy Notice link on the Preferred Bank Website (https://www.preferredbanktx.com). By registering for the Services as a new member, or registering for a new Service, or continuing to use the Services following your registration, you authorize the collection, use, and disclosure of personal information by Preferred Bank as provided under the then-current Preferred Bank Consumer Privacy Statement.
INACTIVITY / TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Online Banking privileges (including the Online Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
We may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180 day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
To cancel the Online Banking and/or Online Bill Payment Service, you must notify Preferred Bank in writing. Your notification should include your name, address and the effective date to stop the service(s). When Online Bill Payment is terminated, any pre-scheduled bill payments made through Online Banking will also be terminated. These written requests should be mailed to Preferred Bank, Attention: Account Administration, 11757 Katy Freeway, Suite 100, Houston, Texas 77079 or send a fax to us at: 281-556-9750.
This Agreement is governed by the laws of the State of Texas and applicable federal law(s).
Preferred Bank offers the benefits and convenience of the Online Banking service to you at no monthly charge. Account research and stop payment charges will be assessed at the rates published in Preferred Bank's current Service Fee Schedule and applicable account disclosures and deducted from your Bill Pay Account or another account you hold at Preferred Bank.
These fees are subject to change. Preferred Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.