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Internet Banking Agreement - Internet Banking Services Agreement, Fees and Electronic Funds Transfer Disclosure

Print & Retain for Your Records

This agreement (the "Agreement") is between Depositor ("I", "me", "my", and "mine") and Prosperity Bank ("Bank") for the delivery of the Internet Banking Services as described below.

Section 1. Definitions

Accounts: Any Personal Account as included on the Internet Banking Application and approved by the Bank in writing.
User: Any Individual that I have authorized the access and use of the Internet Banking Services according to the rules and procedures described herein.
Business Day: The day during which the main office of Bank is open for business, in accordance with specified cut-off times, and during which Bank is able to download my information and process transactions.
Current Balance: The Account balance that is the result of the total debit and credit activity as of a specific date and time for all Accounts.
Collected Balance: The Current Balance of the Account, less float.
Available Balance: The current balance of the Account minus holds, and memo posted debits plus memo posted credits.
Float: Dollar amount of deposited items that are in the process of collections from the drawee banks. Also known as uncollected funds.
Hold: A restriction on payment of all or any part of the balance in an account.
Memo Posted Debits: Any debits posted to the account for business day. For example ACH debit transactions, wire transfers, and teller cashed checks.
Memo Posted Credits: Any credits posted to the account for the business day. For example, ACH credit transactions and wire transfers.

Section 2. Internet Banking Services

As a member of the Internet Banking Services, User and I may request any of the services listed below. I understand that I must have a checking account, User ID and password with Prosperity Bank in order to receive Internet Banking Services.

Perform Account inquires on Account data and transaction history on the Accounts.

Initiate stop payment requests. I understand the electronically transmitted stop-payment orders are pending final verification that check has not been processed and that stop payment is valid. The Bank must receive the stop-payment order, in writing, in time to allow the Bank reasonable opportunity to act on it before the stop-payment cut-off time which is one hour after the opening of the banking day on which Bank receives the item. Bank agrees to receive my request to initiate a stop payment order. To be effective, my stop-payment order must precisely identify the number, date and amount of the item, and payee. I agree to hold the Bank harmless for all expenses, cost and attorney's fees incurred by it as a result of refusing payment of said check. I further agree not to hold the Bank liable for payment contrary to this request if payment occurs through accident, inadvertence or oversight otherwise than through lack of good faith or failure to exercise due care on the Bank's part. Stop payment orders placed will be effective for six months only from the first business date placed. I understand there will be a fee assessed by Bank in connection with this stop payment, (as stated in the Bank's Schedule of Service Charges & Fees) and further understand that if payment on the item is stopped, the payee or other holder of the item might still be able to recover from me the amount of the item, plus other damages. By my signature on the Internet Banking Services Application, I hereby accept the terms and conditions of this Agreement.

Send and receive E-mail messages (to and from the Bank). Messages to the Bank will automatically be routed to a Bank e-mail box. Bank is not responsible for any delay in messages being retrieved. Urgent messages should be verified by a telephone call to Bank. User and I are responsible to periodically check for messages sent by the Bank. I agree to not send critical data (that is account numbers, Social Security numbers, or other sensitive data) via e-mail messages.

Initiate transfers between any accounts set up within Internet Banking with the exception of time accounts. Refer to Internet Banking System Setup/Transfer Limits for other transfer limits. I am limited to six pre-authorized automatic transfer or withdrawals per month out of regular and money market savings accounts. Three of the six transfers for Money Market and Savings accounts can be made by check, draft, or debit card. Transfers made via Internet Banking are included as preauthorized or automatic transfers subject to these limitations. Any transfers in excess of these limits must be done in person at the Bank or be subject to account closure. I am not permitted to transfer more than the available balance from deposit accounts.

Download transaction history file.

Section 3. Internet Banking System Setup/Transfer Limits

Bank agrees to set up my account information on Internet Banking as described in the Internet Banking Services Application.

Bank assumes no liability for changes or modifications to the account setup after initial installation of the Internet Banking Services.

I understand that Account Transfers received after Bank transfer cutoff time (6:00 p. m.) may not be processed until the following business day. If Bank does not make a transfer on time, or in the correct amount according to my instructions given in accordance with this Agreement, Bank will be liable for damages caused. However, there are some exceptions. Bank will not be liable, for instance, if: (1) through no fault of Bank, my account does not contain sufficient funds to make the transfer, (2) the payment or transfer would go over the credit limit on my overdraft line of credit, (3) the equipment, phone lines, or computer systems were not working properly or were temporarily unavailable, (4) circumstances beyond Bank's scope of control, such as fire or flood, prevented the payment or transfer, despite reasonable precautions that Bank has taken, (5) a court order or legal process prevents Bank from making a transfer or payment, (6) I have previously reported, or Bank has a reasonable basis for believing that unauthorized use of ID code and password, or designated account have occurred or may be occurring, (7) if I default under any agreement with Bank, or (8) if Bank or I terminate this Agreement.

I understand that Account Transfers to a loan account will be considered a scheduled payment and will affect the payment schedule of the loan account unless I designate the appropriate type of payment with the transfer. I can make unscheduled principal or interest payments by designating the appropriate type of payment with the transfer.

A confirmation number will be given at the time I process a transfer using the Internet Banking System. It is my responsibility to record this number, along with scheduled date and transaction amount in my checkbook register (or other permanent record), because this will help in resolving any problems that may occur.

I authorize the Bank to set up accounts listed on the Internet Banking Services Application on Internet Banking Services. I must notify Bank in writing if I wish Bank to set up additional accounts. I realize that additional accounts set up on Internet Banking may alter the monthly maintenance fee as described in the Fee Schedule below. I agree to pay all services fees as modified under the Fee Schedule.

Section 4. Acknowledgements, Responsibilities, and Liabilities of Depositor/User

Hardware/Software Requirements

User and I are responsible for obtaining, maintaining, and updating the necessary hardware and related equipment needed to utilize the Internet Banking Services. As of the date of this Agreement, the necessary equipment includes: Personal Computer with Internet access and web browser. To ensure my ability to view various features of Bank's web site, I understand it is my responsibility to update my web browser periodically so that the entire web site may be viewed.

Bank reserves the right to eliminate or change any of the function capabilities at any time without prior notice.

User Manuals/On-Line Help

I can access the user's manual through the on-line help screen. I agree not to copy or otherwise duplicate the User's Manual or updates.

Unauthorized Use of Web Site/User-Manuals/On-Line Help

I have no right, title, or interest to the Internet Banking System or copies of it. I will not make, or permit anyone else to make copies of the Internet Banking System and User's Manual. I agree to notify Bank promptly and in writing of any circumstances of which I have knowledge relating to any possession, use, or use of any portion of the Internet Banking Services and the User's Manual by an unauthorized person.

Set-Up and Password Security

Bank agrees to conduct initial training for me to set up the initial security provisions for the Internet Banking Services. Bank is not responsible for my actions or negligence in setting up my security access to Internet Banking Services and assigning User IDs to such appropriate users. User and I will not make any passwords or ID codes available to any non-authorized persons. User and I will not disclose any information pertaining to its use or the components of the Internet Banking Services.

Bank and I agree that the password and ID code security procedures provided under the Internet Banking Services are reasonable and the parties further agree that transactions conducted under the password and ID code shall be deemed to be authentic payment orders binding on me.

Liability & Unauthorized Use

I will notify Bank immediately if I believe an unauthorized person knows my ID code and password, lost or stolen. Telephoning is the best way of keeping my possible losses down. I acknowledge that I could lose all the money in my account (plus my maximum overdraft line of credit). If I tell Bank within 2 business days, I can lose no more than $50 if someone used my ID code and password without my permission. If I believe my ID code and password has become known to an unauthorized person, lost or stolen, and I tell Bank within 2 business days after I learn of the loss or theft, I can lose no more than $50 if someone used my ID code and password without my permission. If I do not tell Bank within 2 business days after I learn of the loss or theft of my ID code and password, and Bank can prove Bank could have stopped someone from using my ID code and password without my permission if I had told Bank, I could lose as much as $500. Also, if my statement shows transfers that I did not make, I will tell Bank at once. If I do not tell Bank within 60 days after the statement was mailed to me, I may not get back any money I lost after the 60 days if Bank can prove that Bank could have stopped someone from taking the money if I had told Bank in time. If a good reason (such as a long trip or a hospital stay) kept me from telling Bank, Bank will extend the time periods. If I believe my ID code and password have become lost or stolen or that someone has transferred or may transfer money from my account without my permission, I will call Bank Internet Customer Support at (713) 693-9300, or write to Prosperity Bank, ATTN: Internet Bank Customer Support, P.O. Drawer G, El Campo, TX 77437.

Errors Resolution

In case of errors or questions about my electronic transfers, I will call Bank Internet Customer Support at (713) 693-9300, or write to Prosperity Bank, ATTN: Internet Bank Customer Support, P.O. Drawer G, El Campo, TX 77437, as soon as I can, if I think my statement or receipt is wrong or if I need more information about a transfer listed on the statement or receipt. Bank must hear from me no later than 60 days after Bank sent the first statement on which the problem or error appeared. I must: (1) tell Bank my name and account number, (2) describe the error or the transfer I am unsure about, and explain as clearly as I can why I believe it is an error or why I need more information (3) tell Bank the dollar amount of the suspected error. If I tell Bank orally, Bank may require that I send Bank my complaint or question in writing within 10 business days. Bank will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after Bank hears from me and will correct any error promptly. If Bank needs more time, however, Bank may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate my complaint or question. If Bank decides to do this, Bank will credit my account within 10 business days (20 business days if the transfer involved a new account) for the amount I think is in error, so that I will have the use of the money during the time it takes Bank to complete it's investigation. If Bank asks me to put my complaint or question in writing and Bank does not receive it within 10 business days, Bank may not credit my account. An account is considered a new account for 30 days after the first deposit is made, if I am a new customer. Bank will tell me the results within three business days after completing its investigation. If Bank decides that there was no error, Bank will send me a written explanation. I may ask for copies of the documents that Bank used in its investigation.
I have received and understand all signature card rules and regulations and all agreements and disclosures connected with opening of Accounts and acknowledge that this Agreement is in addition to any of these agreements and disclosures.

I will continue to receive regular account statements that describe all transactions for the Accounts including the transactions that I have initiated through the Internet Banking Services. I am responsible to promptly review all statements and report in writing any irregularities to the Bank at once. For all electronic transactions governed by Reg. E, errors or questions about my electronic transaction must be reported to the Bank no later than sixty (60) days after the Bank sent the first statement on which the problem or error appeared.

Fees & Discontinuance of Service

I acknowledge that fees for the Internet Banking Services will be paid monthly as disclosed on the Bank Internet Banking Services Fee Schedule. These fees are in addition to any fees and service charges currently being paid. Any pricing or policy changes adopted by Bank in the future will constitute modifications or addends to the Agreement but will not nullify it. I acknowledge that I may be asked to designate a payment account for selected services such as Bill Pay and authorize Bank to charge my account or any other account for the fees.

This Agreement shall continue until Bank receives written notification of my revocation or should my Internet Banking or Bill Payment Services Application have no activity for a 90-day period, my ability to use this service may be automatically terminated. The Bank also reserves the right to terminate my Internet Banking Services Application, in whole or in part, at any time for any reason. Termination by either party does not relieve me of my liability for transactions or responsibilities for payment of all fees incurred prior to termination. I may terminate the Internet Banking Service by writing to Prosperity Bank, ATTN: Internet Bank Customer Support, P.O. Drawer G, El Campo, TX 77437

Section 5. Acknowledgments, Responsibilities, and Liabilities of Bank

Bank will provide training on use of Internet Banking.

The Bank has entered into a licensing agreement with Precision Computer Systems, for the delivery of the Internet Banking Services. The Internet Banking Services shall be considered part of Precision Computer Systems, and all rights, title, and interest shall remain with them.

Except for acts of gross negligence or willful breach of duties by Bank, Bank will not be liable to me for any matters related to this Agreement, including without limitation, lost profits or consequential, special, or punitive damages, inaccuracy, or delays in transmission of information.

Bank makes no warranties or representations with respect to the Internet Banking Services software, express or implied, including but not limited to, warranties of merchantability or fitness for a particular purpose.

Section 6. Joint Acknowledge and Representations

This agreement is governed by and will be interpreted under the laws of the State of Texas.

This agreement incorporates by reference all information on my Account Application, which I represent as true and complete in all respects.

I have read and understand this Agreement and have had opportunity to review this Agreement with an advisor of my choice if so desired.

Upon occurrence of any overdraft incurred in the Accounts, Bank shall have the right, in Bank's sole discretion to: (i) refuse payment of any outstanding and unpaid check drawn on any Account listed on the Internet Banking Application, and (ii) withhold from processing any transaction generated on the Account (including Internet Banking Services generated) until sufficient collected funds to cover such transaction have been credited to the Accounts. Each party represents and warrants to the other that it is authorized to enter into this Agreement.

If at any time any section of this Agreement is found to be invalid, that does not make the remaining sections or terms invalid.

Section 7. Fee Schedule

Prosperity Net Bank is a free service for all Prosperity Bank account holders. Additional fees apply for Bill Pay, Wire Transfer Services and ACH Origination. See below for additional services and fees.

• Personal Checking, Budget Checking, Prosperity Prime Checking, Checking with Interest, Royal & Royal Gold (including Royal 55 and Royal 55 Plus) Account Holders:
  • Bill Pay Fee - *FREE Service.
  • *The qualifying account must be on a "charge" service charge status, otherwise fees as disclosed under "All Other Account Holders" will apply.
• All Other Checking Account Holders:
  • Bill Pay Fee - $4.95 each month. First 20 transactions per month, FREE, $0.34 for each transaction over 20 per month.
• Small Business Package - Internet Wire Services & Bill Pay (more information)
  • $5.95 per month
  • Internet Wire Transfer Requests, $10.00 each
  • Bill Payments, $0.35 each
• Basic Business Package - Internet Wire Services (more information)
  • $19.95 per month
  • Internet Wire Transfer Requests $5.00 each
• Premium Business Package - Internet Wire Services & ACH Origination (more information)
  • $59.95 per month
  • ACH Items Originated $0.05 each
  • Internet Wire Transfer Requests $5.00 each