ONLINE BANKING Personal Account Enrollment
Professional Bank N.A. Agreement
After reviewing the following Disclosures, Terms and Agreements and Privacy Statements, CLICK the I AGREE button at bottom for Professional Bank N.A. application.
Disclosures
This Professional Bank N.A. (Online Banking) Agreement and Disclosure ("the Agreement") states the terms and conditions governing basic internet banking services offered by Professional Bank. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. By using any of the Online Banking Services, you agree to abide by the terms and conditions of this Agreement. The terms "we", "us" and "our" refer to the Bank. "You" refers to each person who enrolls for Online Banking Services and has a PASSWORD (Personal Identification Number). The term "business days" means Monday through Friday, excluding Saturday, Sunday and Bank Holidays. (Transfers made after 5:00 p.m. will be processed on the next business day). Your Online Banking Services and each of your accounts are also governed by the applicable Disclosure, Rates and Fee Schedules provided by the Bank in your New Account packet as each may be modified from time to time. In the event of conflict between this disclosure and the Professional Bank Deposit Agreement in effect at the time, the Deposit Agreement will govern. You are responsible for paying any fees associated with Online Banking as outlined in the "Fees and Services" brochure as well as any additional fees that may be assessed by your Internet Service Provider and for any telephone charges or fees incurred by accessing Online Banking Services. Your initial use of Online Banking services constitutes your acceptance and agreement to be bound by all the terms and conditions of this Agreement and acknowledges your receipt and understanding of this Agreement.
The Bank is entitled to act on instructions received through Online Banking under your Password and without inquiring into the identity of the person using your Password. However, do not, under any circumstances, disclose your Password by telephone or to anyone claiming to represent the Bank; The Bank's employees do not need and should not ask for your Password. You are liable for all transactions made or authorized using your Password. The Bank has no responsibility for establishing the identity of any person using your Password. If, despite the Bank's advice, you give your Password to anyone, you do so at your own risk since anyone to whom you give your Online Banking Password or other means of access will have full access to your accounts even if you attempt to limit that person's authority. You must notify the Bank that your Password has been lost, stolen, or otherwise compromised and should not be honored and must be disabled. Call us immediately at (214) 269-2100 during normal banking hours. After hours you may send email through our website, or write us at Professional Bank N.A, P.O. Box 141290, Dallas, TX 75214. Do not include your Password in any correspondence.
Quickly telephoning us is the best way of reducing your possible losses. If an account is jointly owned, one holder of the joint account can enroll for Online Banking Services with one Password issued. You may not designate any account that requires more than one signature for withdrawals. You are liable for all transactions that any of you make or authorize, even if the person you authorize exceeds your authorization.
We will not be liable for the following:
1. If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
2. If any payment or transfer would go over the credit limit of your account.
3. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
4. If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.
5. If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
6. If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim restricts the transaction.
7. If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
You hereby release the Bank from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your Password to such a person, or, in the case of a jointly held account such person is one of the owners of the account. You agree to indemnify the Bank and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.
The Bank has the right to modify or terminate this agreement at any time. We will comply with any notice requirements applicable under law for such changes or termination.
If we terminate this Agreement, no further Online Banking transfers or bill payments, if applicable, will be made, including but not limited to any payments or transfers scheduled in advance or any pre-authorized recurring payment or transfers. If we modify this Agreement, your continued use of Online Banking Services will constitute your acceptance of such changes in each instance. Persons will only be able to access accounts for which they are designated as "owner."
EXCLUSION OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Password and Security
You agree not to give or make available your Online Banking password or other means to access your account to any unauthorized individuals. If you permit other persons to use the Service or your Online Banking password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your Online Banking password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Professional Bank at once by calling 214-269-2100 during normal customer service hours. Your Liability for Unauthorized Transfers
If you tell us within two (2) Business Days after you discover your Online Banking password or other means to access your account has been lost or stolen, you can lose no more than $50.00 if someone uses your Online Banking password or other means to access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your Online Banking password or other means to access your account if you had told us, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, tell us at once. You agree to examine your statement with reasonable promptness. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you. You further agree that if you fail to report any unauthorized signatures, alterations, forgeries, or any other errors in your account within 60 days of when we first send or make a statement available, you cannot assert a claim against us on any item in that statement. Refer to the Professional Bank Account Deposit Agreement Terms and Conditions.
Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible:
1. Telephone us at 214-269-2100 during normal customer service hours;
or,
2. e-mail INFO@PROFESSIONALBANKNA.COM
3. Write us at:
Professional Bank N.A.
PO Box 141290
Dallas, TX 75214
If you think that your statement is wrong or you need more information about a transaction listed on the statement, we must hear from you no later than sixty (60) days after you received the first statement on which the problem or error appeared. You must:
1. Tell us your name and account number;
2. Describe the error or the 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; and
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you 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 the complaint or question. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error, so that you may have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If we decide there was no error, we will mail you a written explanation within three (3) Business Days after we finish the investigation. You may ask for copies of documents which we used in our investigation. The Bank may revoke any provisional credit provided to you, if we find that an error did not occur.
Disclosure of Account Information to Third Parties
It is our policy to not disclose information about you to anyone, except as permitted by law. See our Notice of Financial Privacy Rights.
Charges
Any applicable fees will be as published and listed in the Professional Bank Schedule of Fees and Charges. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize Professional Bank to charge your designated Payment Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet Service fees that may be accessed by your telephone and/or Internet Service provider.
Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended by Professional Bank from time to time. In such event, Professional Bank shall send notice to you at your address as it appears on our records. Any use of the Service after we send you the notice of change will constitute your agreement to such change(s). Further, Professional Bank may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, Professional Bank N.A. reserves the right to terminate the Agreement as to all such prior versions of the programs, services, and/or related material and limit access to our more recent versions and updates.
Address or Banking Changes
You agree to promptly notify in writing the Customer Service Department of any address change. Additionally, you agree to notify the Customer Service Department in writing at least ten (10) Business Days in advance of any change in your banking status.
Termination or Discontinuation
In the event you wish to discontinue use of Online Banking, you must contact the Customer Service Department in writing. Such notice of service discontinuation must be supplied ten (10) days prior to the actual discontinuance date and must be sent to:
Professional Bank N.A.
PO Box 141290
Dallas, TX 75214
Professional Bank N.A. may terminate service to you at any time and/or revoke your right to use software. Neither termination nor discontinuance shall affect your liability or obligations under this Agreement.
Disputes
In the event of a dispute regarding Online Banking, you and Professional Bank agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement regarding Online Banking between you and Professional Bank, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Professional Bank N.A. relating to the subject matter of this Agreement. If there is a conflict regarding the terms of this Agreement, the terms of this Agreement will prevail. Further, the terms of the Professional Bank Account Deposit Agreement will apply. In the event of a conflict between this Online Banking Agreement and Deposit Agreement, the Deposit Agreement will prevail.
Assignment
You may not assign this Agreement to any other party.
No Waiver
Professional Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Professional Bank. No delay or omission on the part of Professional Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions.
QUESTIONS? CALL US AT 214.269.2100 or 800.578.7919 |
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