Online Banking Legal Disclaimer



Online Banking and Bill Payment Agreement

Version Date: March 9, 2017
Electronic Banking Department:
Ph: 828-466-1765
Toll Free: 877-802-1212
Peoples Bank
P.O. Box 467
Newton, N.C. 28658
Please read the entire Agreement carefully before enrolling in the Service or initiating any transactions.


  1. Scope of this Agreement
    This Agreement between you and Peoples Bank, 518 West C Street, Newton, N.C. 28658 (the “Bank”) governs your use of our Online Banking and Bill Payment services (the “Online Banking Service,” “Online Banking” or the “Service”). The Service permits our customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer and the Internet.
  2. Accepting the Agreement
    After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to accept the terms and conditions of this Agreement.When you click on the “I Agree” Button below, you agree to be bound by all of the terms and conditions of this Agreement, Also, by accepting this Agreement, you represent and warrant that you are an Authorized User acting with full authority and that you are duly authorized to execute this Agreement.If you do not agree to the terms of this Agreement and/or do not accept the electronic version of this document, select the cancel button.You should print and/or save a copy of this Agreement for your records. Future updates will be sent electronically as further described below in Sections 4 and 5. To print, select the print button below or select the print function on your browser. To save a copy of this Agreement on your computer, select “File” and then “Save As” on your browser.If you need a paper copy of this Agreement, please contact our Online Banking Customer Service Department. Our contact information is listed at the top of this Agreement. You can obtain a paper copy of this Agreement at any time. Updates to this Agreement will be sent electronically as further described within this Agreement.
  3. Definitions
    Access ID – means a unique identification code used to access the Online Banking Service

    ACH Origination
    – refers to the creation of debit and credit entries to facilitate the transfer or placement of funds in another institution through the Automated Clearing House (ACH) network. The ACH network is a funds transfer system governed by the National Automated Clearing House Association (NACHA).

    Affiliate
    – means a company related by common ownership or controlAgreement – means these terms and conditions of the Online Banking and Bill Payment services.
    Authorized User – is any individual, Consumer, agent, or Sub-User, Sub-User Administrator, Focus Customer or Business Customer whom you allow to use the Service or your Passcode or other means to access your Eligible Account(s).Bill Payment Service Provider – refers to the contractor, sub-contractor, or provider of our Bill Payment and Delivery services.Biller – is the person or entity to which you wish a Bill Payment to be directed or is the person or entity from which you receive
    electronic bills, as the case may be.Billing Account – is the checking account from which all Service fees will be automatically debited.Business Day – is every Monday through Friday, excluding Federal Reserve holidays.

    Business Customer – Refers to anyone other than a Consumer who owns an Eligible Account with respect to which the Service is requested primarily for business purposes, including without limitation sole proprietor accounts.

    Business Day Cut-off – Refers to the cut-off time for posting purposes. The cut-off time for online transactions is based upon our Business Days and the Eastern standard time zone. For posting purposes, we will process all transactions completed by 4 p.m. for ACH and external transactions, 3 p.m. for wire transfers and 8 p.m. for real time transactions (i.e., internal transfers between your accounts at the Bank) on the same Business Day. Transactions completed after 8 p.m. will be processed on the following Business Day. Bill Payment cut-off and scheduling times differ and are further detailed in this Agreement.

    Consumer – Refers to a natural person who owns an Eligible Account at the Bank and who uses the Service primarily for personal, family, or household purposes.

    Due Date – is the date reflected on your Biller statement for which the Bill Payment is due. It is not the late date or grace period.

    Eligible Accounts – An Eligible Account means any one of your account(s) to which we may allow access through the Service under this Agreement. Only a checking account may be eligible for Bill Payment privileges. We may make additional accounts available for Bill Payment services from time-to-time as allowed by law or our Bill Payment Service Provider.If you or your Authorized Users desire features of the Service that allow you to initiate Bill Payments, transfers, ACH transactions, or otherwise remove funds from an account, you must have the required withdrawal authority over the relevant Eligible Account.

    When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.

    Focus Customer – individual who initially enrolls on behalf of a Business Customer. The Focus Customer is an individual who is both an authorized signer on an eligible Business Customer account and has been given the authority to establish and manage Sub-User access to the Online Banking Service. The Focus Customer is considered to have full authority to act on behalf of the Business Customer and any other authorized signers. A Focus Customer can designate and remove Sub-User Administrators as well as Sub-Users and may assign certain administrative rights to a Sub-User Administrator or Sub-User.

    Joint Accounts – an Eligible Account that is added to the Service which is jointly held or has multiple signers.

    Laser Draft Payment – is a payment method similar to a check written by you on your Payment Account. Billers should receive Laser Draft Payments no later than the Scheduled Payment Date. Funds remitted to the Biller are deducted from your Payment Account when the Laser Draft is presented to the Bank for payment. As a result, neither the Bank nor its Service Provider(s) can control when your Payment Account will be debited for a Laser Draft Payment.

    Passcode – means your password to access Online Banking. The Passcode is known solely by you and not by the Bank or our Service Providers that you use to access the Online Banking Service.

    Payment Account – is the checking account from which Bill Payments will be debited.

    Payment Instructions – is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

    Scheduled Payment – is a bill payment that has been scheduled through the Service but has not begun processing.

    Scheduled Payment Date – is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited (other than Laser Draft Payments, as described above), unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

    Service – means the Online Banking, Bill Payment and Delivery services offered by Peoples Bank through its Service Providers.

    Service Guarantee – the amount the Bank’s Service Providers will bear responsibility for in accordance with the terms and conditions of this Agreement should a bill payment post after its Due Date.

    Service Provider – includes any agent, licensor, independent contractor or subcontractor that the Bank may involve in the provision of Online Banking, Bill Payment, and electronic Bill Delivery services.

    Sub-User – means an Authorized User who has been assigned access to a Business Customer’s Eligible Account by a Sub-User Administrator or Focus Customer. Sub-Users may be granted full or limited access to originate online transfers such as ACH transactions and/or wire transfers.

    Sub-User Administrator – refers to an administrative user available only to Business Customers. A Sub-User Administrator may administer and assign access rights to Sub-Users.

    you and your – As used within this Agreement, “you” and “your” refer to the person enrolling in the Service, owner of the Eligible accounts, Business Customer, Focus Customer, Sub-User Administrator as well as any Authorized Users or Sub-Users that such person allows, subject to the parameters of multiple user access as set forth within the Service.

    we, us, or our – As used within this Agreement, refer to Peoples Bank and any agent, independent contractor, Service Provider, sub-contractor, licensor, designee, or assignee that Peoples Bank may involve in the provision of the Service.

  4. Prerequisites for Enrolling in the Online Banking Service
    In order to enroll in the Online Banking Service:

    • You must have an Eligible Account with the Bank.
    • Your account with us must be in good standing.
    • Minors on joint accounts may have full access to Online Banking. Any owner 18 years of age or older will be held legally responsible if the account is not
      maintained properly as the minor cannot be held contractually liable.
    • If you enroll for our bill payment services, you must also be a resident of the United States or its possessions.

    Hardware and Software Equipment Requirements:

    • You must have a computer with sufficient electronic space to view, store or print as needed, the Account Documents (defined in Section 5).
    • You will need Internet access through an Internet service provider (ISP).
    • To access and retain the Account Documents, the browser should be Microsoft¨ Internet Explorer¨ (version 7.0 or higher) and should support 128 bit encryption.
    • We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Online Banking Service.
    • Some features of the Online Banking Services may not be supported with older browsers.
    • To access and retain the Account Documents, you will need Adobe¨ Acrobat¨ Reader (version 8.0 or higher).
    • You will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures.
    • You will also need an external e-mail account with an Internet Service Provider and e-mail software address for the delivery of electronic notices and disclosures.
    • You must maintain fully updated anti-virus protection on your computer at all times.
    • Prior to enrolling in the Online Banking Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Online Banking Service and to retain a copy of this Agreement.

    If we revise hardware and software requirements, and if there is a material change that impacts your ability to access the Online Banking Service, we will give you advance notice of these changes and provide you an opportunity to cancel the service and/or change your method of receiving electronic disclosures (e.g. change to paper format vs. an electronic format), although a fee will be imposed in conjunction with such change.

  5. Electronic Disclosures
    You hereby consent to electronic delivery of all required statements, disclosures, agreements and other documents regarding all accounts you have or will open with Peoples Bank. Such consent shall be effective until withdrawn by you. This will apply to all accounts with like ownership(s) and address(es). Your agreement to accept disclosures, agreements and other documents (“Account Documents”) electronically means that once the Bank presents them to you, and you click to accept them, they will apply to these accounts. Types of Documents Covered. You agree to accept electronic delivery of the Deposit Account Terms and Conditions and the other Account Documents, and agree that all future changes to those documents will be delivered to you and/or entered into electronically, except as noted below. You also agree to accept electronic delivery of other documents or disclosures to include, but not limited to: (1) the Deposit Account Terms and Conditions and other Account-opening Documents, (2) Preauthorized electronic funds transfer authorizations and confirmations, (3) Notices about the maturity and renewal of your time deposit account, (4) Account statements, (5) Notices regarding changes in account terms and fees, (6) Any other disclosures that we are required to provide, (7) Year-end tax information (such as IRS Form 1099-INT), (8) Annual notices such as our Privacy Policy, (9) Notices related to any dispute you might raise under the Electronic Funds Transfer Act (availability may vary), and (10)
    Deposit account notices. Hardware and Software Requirements; Updating Customer Contact Information. In addition, you agree that your computer system meets the hardware and software requirements stated in Section 4, and that you will promptly notify the Bank of any change in your e-mail address and/or physical address, by either (1) sending a secure message through Online Banking, or (2) calling Peoples Bank at: (877) 802-1212, or (3) writing to: Peoples Bank, Customer Service Center, PO Box 467, Newton, NC 28658.For electronic statement delivery, you agree to allow 7-10 business days for enrollment. A test e-mail will be sent and unless the Bank receives a response indicating the email was not received, you will receive an e-mail notification when the next monthly statement will be available for retrieval in Online Banking. You may then save or print it. If you do not receive your electronic statement, you may request a paper statement at no charge for up to 30 days after the statement date. After this time period, any request will be subject to the charges noted on the Schedule of Fees. Obtaining Paper Copies. You may ask for paper copies of the Account Documents, by contacting us as provided above in this Section 5, and the Bank may charge a reasonable service charge for the delivery for each Account Document you request while your consent for electronic delivery is in effect, or after you withdraw your consent. Fees will be applied to your primary account. Withdrawing Consent; Effects of Withdrawing Consent. You may withdraw your consent to receive Account Documents electronically; this will not affect the legal effectiveness, validity, or enforceability of Account Documents that you accepted electronically prior to your withdrawal. However, if you withdraw your consent for any reason (including changes in computer hardware or software required), the Bank will discontinue your electronic account services and the Bank may change the deposit account product you are using (please see below in this Section 5 for other potential consequences resulting from your withdrawal of consent). To withdraw your consent, you can use Online Banking or call Peoples Bank at (877) 802-1212. The Bank may take up to 3 business days to process your request.

    If you withdraw your consent or fail to give us an updated or corrected e-mail address, the Bank may also close any account opened through peoplesbanknc.com or which requires electronic delivery as a feature and mail the balance in your account to the last known mailing address and/or transfer the funds in any such account to another similar type of deposit account that the Bank offers at that time through its usual retail channels. The Bank, in its sole discretion, may decide what type of account is similar to your existing account. This replacement account may pay a lower rate of interest, have a lower Annual Percentage Yield, higher fees, and/or have a different maturity date (if applicable). In addition, if your account is a time deposit account, an early withdrawal penalty may apply if the account is closed before its maturity date. Your electronic consent to these terms and conditions is legally binding.

    You will ensure the confidentiality of your password and you agree to indemnify, defend, and hold harmless, the Bank and its successors, assigns, affiliates, officers, employees, directors, and agents against any loss, claims, damages, judgments, awards, legal obligations, costs or expenses, including, without limitation, attorney’s fees and expenses based upon, arising out of, or related in any way to the Bank honoring your consent to electronic delivery of Account Documents

  6. Basic Online Banking Services
    The basic features currently available through the Service include:

        • Up to 24 months of complete online transactional detail and history
        • Account Inquiries for balances, rates, etc.
        • Copies of monthly Account Statements
        • Transfers between your accounts at the Bank
        • Transfers between your accounts at other financial institutions if approved for external transfers
        • Secure e-mails via the Service’s messaging system
        • Secure File Transfers
        • View loan balances
        • Payments to loans at the Bank
        • Online check reorders
        • Stop payments on checks that you have written
        • Transaction downloads

    The Online Banking Bill Payment services (the “Bill Payment services” or “Bill Payment”; “Bill Payment” also refers to a payment made using Bill Payment services) allow you to pay bills to certain third party billers from your Bank account. Bill Payment services are optional. You can request Bill Payment privileges in the online enrollment process and/or you can add Bill Payment services at a later time by contacting our Online Banking Department or sending us a secure message through the Service. Bill Payment customers also have access to electronic bill delivery (“Bill Delivery”) and the Popmoney Personal Payments Service. The Popmoney Personal Payments Service Terms of Use are set forth in Exhibit B to this Agreement.

    We may add or remove certain features and/or functionality available from time to time. You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.

    • Other Basic Online Banking Features
      1. Stop Payment FeatureAn online request to stop payment on a check or series of checks does not guarantee that the check will be stopped, as the item may have already been processed and posted to your account.
        The stop payment feature within the Service CANNOT be used to cancel transfers and Bill Payments.
      2. Check Reorders, Address Change, Order Documents, Secure E-Mail & Secure File Delivery Services
        Additional features within the Service include: check reorders, secure emails for address changes, document requests, and secure file delivery. The submission of requests, such as those for address changes, document requests, or check reorders, will generate a report to the Bank. Generally, requests received through the Service’s secure e-mail feature will be processed within one (1) to two (2) Business Days. For urgent requests, we recommend that you contact our Customer Service Department.We also offer a direct link for check reorders. This link will securely submit your reorder request directly to the check printer. In addition, in the User’s Services menu, you can request Bill Payment services and the addition/ removal of Linked Accounts. The secure file transfer feature within the Service provides a means for you to forward files to this institution in a secure manner. There may be additional fees associated with some of these services, such as when you reorder checks through the Service. Fees will be disclosed in our fee schedule and/or at the time of your request.
    • Commercial Online Banking Services.
      Additional online features are currently available for Business Customers. These features may be subject to additional terms and conditions.

      • ACH Credit and Debit Origination
      • Wire Transfer Requests
      • Direct Deposit Originations
      • EFTPS (Electronic Federal and State Tax Payment System)
      • NACHA File Imports
      • Balance Reporting
      • Sub-User Administration
      • Positive Pay

      We may add or remove certain features and/or functionality from time-to-time. Business Customers interested in these services should contact Business Services at 828-468-4065 for additional information.

    • Fees
      Basic Online Banking Service: (view balances and account transfers) – No charge

      Bill Payment Fees: No charge
      For Business Customers, charges apply for services such as: ACH Origination, EFTPS, Wire Transfers, or NACHA File Imports. These fees may vary and are subject to separate agreements.There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Billing 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 fees assessed by your Internet service provider, telephone or mobile device carrier. Any applicable fees will be charged regardless of whether the Online Banking Service was used during the billing cycle.
    • Enrollment Process
      You must complete the enrollment process to use the Service. You can enroll for the Service on the Internet.The Internet enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your Access ID and Passcode during the enrollment process. While the secure online application is submitted via the Internet, after the application is received it is evaluated by the Bank offline.When you enroll for the Service, you agree to provide true and accurate enrollment information. A failure to provide accurate enrollment information may result in a decision to delay or deny access to the Service. You will receive additional information regarding your account activation and our Service. You may begin using the Service only after receipt of this information.Business Customers interested in the commercial features of the Service (such as ACH origination services) should contact your local office at 828-468-4065 or you may send us a secure message through the Service.Once you enroll in the Online Banking Service, there is no additional enrollment process to utilize a mobile device
    • Linked Accounts
      When you first enroll for the Basic Online Banking Service we will link all of your designated Eligible Accounts to one Access ID. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at 828-466-1765 or toll free 877-802-1212 or send us a secure email message through the Service.With the exception of sole proprietors, Business Customers may NOT link personal Consumer accounts to the Service.If the Eligible Accounts added to the Service are jointly held or have multiple signers you agree that access to the information and all transactions initiated by the use of your Access ID and Passcode are authorized unless we have been notified to cancel the Service.You will be charged for the use of additional Access IDs after the 4th one is created for Cash Management users. There is no charge for Consumers.
    • Signature Requirements
      When any online transfer, ACH, wire transfer request or other Payment Instruction is initiated through the Online Banking Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you.
      Requirements for dual signatures on checks, if applicable, do NOT apply to Bill Payments or other transfers initiated through the Online Banking Service.
    • Account Balances
      Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. An internal transfer request (i.e., a request to transfer funds between your accounts at the Bank) may not result in immediate availability. An internal transfer request must be made before the Business Day Cut-off time of 8 p.m. to be effective the same Business Day.
      The balances within the Service are updated periodically and the Service will display the most current “as of” date on the “accounts” summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
    • Canceling or Changing Transfers
      You cannot cancel an internal transfer after it has been entered into the system AND the information has been processed and/or transmitted to us through the Service; however, you can cancel a transfer that is still “pending”. Please contact Customer Service at 828-466-1765 or 877-802-1212 for information regarding how to cancel pending transfers.
    • Canceling or Changing Wire Transfer Requests
      Cash Management Customers may be authorized for online wire transfer services. In these situations, separate agreements are required, which will detail wire transfer limits, the required time-frames and terms and conditions for submitting and cancelling these types of transaction requests.If you have been approved for wire transfers, prior to “approving” the transactions, you may edit or delete these transactions. You may only edit or “unapprove” a pending wire request or prior to the scheduled payment or settlement date.When a wire transfer request is approved for the current date, it is transmitted to us immediately for processing. If a change is necessary, you must contact us immediately; in these situations, we may not have sufficient time to stop transaction from further processing. Wire cut off times for wire submission is 3 p.m.
    • Transaction Limitations
      You may use the Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts at the Bank. You must have sufficient funds in your account to cover the amount of any online transfers on the scheduled payment date set for the transaction, or the transaction may not be processed. NSF and/or overdraft charges may be incurred if Bill Payments exceed your account balance.Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. Withdrawals or transfers from these types of accounts are limited to six (6) during any monthly statement cycle. Online account transfers, bill payments and pre-authorized (automatic) electronic funds transfers (EFTs) are counted toward the six permitted monthly withdrawals and/or transfers. Please refer to your original account agreement for excessive activity fees that may apply. Federal regulations currently place no limits on the number of transfers or Bill Payments from your checking accounts, therefore the Bank currently limits the Bill Payment Service to only checking Accounts.
    • Bill Payment Terms and Conditions
      1. Bill Payment Scheduling
        The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the Service when you are scheduling the Bill Payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller.When scheduling Bill Payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
      2. The Bill Payment Service Guarantee
        Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. Except as expressly stated otherwise within this Agreement, the Bank and/or its Service Providers will bear the responsibility for any late payment related charges up to $50.00 should a Bill Payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Bill Payment Scheduling” in this Agreement.
      3. Payment Authorization and Payment Remittance
        By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize us to follow the Payment Instructions received through the Service. In order to process payments more efficiently and effectively, our Service Provider may edit or alter payment data or data formats in accordance with Biller directives.
        When the Service receives a Payment Instruction, you authorize our Bill Payment Service Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize our Service Provider to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another Authorized User of the Service.
      4. Payment Methods
        Our Bill Payment Service Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a Laser Draft Payment.
      5. Payment Cancellation Requests
        You may cancel or edit any Scheduled Payment (if processing has not begun) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a Scheduled Payment it cannot be cancelled or edited, therefore a stop payment request must be submitted, as described within this Agreement.
      6. Bill Payment Stop Payment Requests
        You may cancel or edit a Scheduled Payment up until the time that payment processing begins. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a payment, it cannot be cancelled or edited and a stop payment request must be submitted.We must have a reasonable opportunity to act upon any stop payment request made after payment processing has begun. The ability of the Bank and its Service Provider to process a stop payment on a Bill Payment request that is already in process will depend on the payment method and whether or not the payment has cleared.If you need to place a stop payment request on any Bill Payment that has already been processed, you must contact our Customer Service department immediately.We will make reasonable efforts to accommodate your request but we will have no liability for failing to do so unless the request is subject to the provisions contained in your depository account agreement or applicable law as it pertains to pre-authorized EFTs.We may also require you to present your stop payment request in writing within fourteen (14) days from the date the request is made. The charge for each stop payment request will be the current charge for such service as set forth in our applicable fee schedule.If we complete a stop payment request on your behalf, Bill Payment privileges may be suspended pending recovery of funds by our Service Provider(s).
      7. Returned Payments
        In using the Service, you understand that Billers and/or the United States Postal Service may return Bill Payments to our Service Provider for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. Our Service Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service of returned payments.
      8. Bill Payment Information Authorization
        Requests for Bill Payment privileges may not be fulfilled if the Bank and/or its Service Provider(s) cannot verify your identity and withdrawal authority over the specified accounts. Through your enrollment in the Bill Payment Service; you agree that the Bank and its Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that the Bank and its Service Providers reserve the right to obtain financial information regarding your account from a Biller or the Bank (for example, to resolve payment posting problems or for verification).
      9. Prohibited Payments
        Payments to Billers outside of the United States or its territories are prohibited through the Service. Payments to online gambling sites are also prohibited through the Service.
      10. Exception Payments
        You agree not to use the Service for tax payments or court ordered payments. In no event shall the Bank or its Service Provider(s) be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, mis-posted or misdirected exception payments will be your sole responsibility.
      11. Biller Limitation
        We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not provided or required under this Agreement if you attempt to make a prohibited payment or an exception payment under this Agreement.
      12. Failed Transactions
        In using the Service, you are requesting us to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will be cancelled and the Bill Payment service could be suspended until payment is made good. In some instances, you will receive a return notice from the Service. In such case, you agree that:

        1. You will reimburse our Service Provider immediately upon demand the transaction amount that has been returned;
        2. For any amount not reimbursed to the Service Provider within fifteen (15) days of the initial notification, a late charge may be assessed each month against unpaid amounts equal to 1.5% or the legal maximum, whichever rate is lower;
        3. You will reimburse our Service Provider for any fees, it may incur in attempting to collect the amount of the return from you; and
        4. Our Service Provider is authorized to report the facts concerning the return to any credit- reporting agency.
    • Bill Delivery
      The Bill Delivery feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Payment Service’s electronic bill options, you also agree to the following:

      1. Information Provided to the Biller
        We are unable to update or change your personal or business information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by you; contact the Biller directly. Additionally, it is your responsibility to maintain and protect all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s or company’s bill.Our Service Provider may, at the request of the Biller, provide to the Biller your e-mail address, Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
      2. Activation
        Upon activation of the electronic bill feature, our Service Provider may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your billing statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
      3. Notification
        Our Bill Payment Service Provider will use commercially reasonable efforts to present all of your electronic bills promptly. In addition to notification within the Service, our Service Provider may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
      4. Cancellation of Electronic Bill Notification
        The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. Our Bill Payment Service Provider will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
      5. Non-Delivery of Electronic Bill(s)
        You agree to hold harmless the Bank and its Service Providers should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
      6. Accuracy and Dispute of Electronic Bill
        Neither the Bank, nor its Service Providers are responsible for the accuracy of your electronic bill(s). The Bank and its Service Providers are only responsible for presenting the information received from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
    • Privacy
      We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service. Our privacy policy can be found at https://peoplesbanknc.com/policy#policyPrivacy.
    • Internet Security
      The Online Banking Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Online Banking Service, the Bank will verify your identity and authorization against information associated with the Eligible Account(s) that you request to be linked to the Online Banking Service.Access IDs and Passcodes – One of the main security features protecting the Online Banking Service is the unique combination of your Access ID and Passcode. During the enrollment process, you will be asked to select a unique Access ID and Passcode. For security purposes, do not use your account number or social security number as your Access ID. Encryption and access controls are used to protect your Passcode within our database. If you need to reset your Passcode, you may use our online automated Passcode reset feature.Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data.

      • You should carefully select a Passcode that is difficult to guess.
      • You should not use words based on your name, address or other personal information.
      • Special characters may be used to increase security.
      • Do NOT use dictionary words.
      • Keep your Passcode safe.
      • Memorize your Passcode and do NOT write it down.
      • You should also change your Passcode occasionally, such as every 90 days.
      • Passcodes should not be shared with anyone, even Authorized Users.
      • The “Help” link within the Online Banking Service will offer tips on choosing a secure Passcode that you can remember.

      When you enroll for the Online Banking Service you agree to change your Passcode immediately if you suspect that your Passcode has been compromised. This can be done at any time from the “User Services” menu after you log on to the Online Banking Service.

      Neither this Institution nor its Service Providers will contact you by telephone, email or text messaging requesting personal information, such as your Access ID, Passcode, credit card number, ATM Card Number or ATM PIn. If you are contacted by anyone requesting this type of information, do not provide any information and contact our Online Banking department immediately.

      Encryption – The Online Banking Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Online Banking. Your browser automatically activates this technology when it attempts to connect to our Online Banking Service. The Online Banking Service requires a browser that supports 128-bit encryption and we will warn you if your browser does not meet this requirement.

      Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.

      Certificate Authority – The servers hosting the Online Banking Service have been certified by a certificate authority to assure you that you are actually talking to the Online Banking Service instead of someone pretending to be us. By clicking on the lock within the Online Banking Service, you can view the certificate to ensure it is valid.

      Cookies – During your use of the Online Banking Service, our Online Banking Service Provider will pass an encrypted session cookie to your computer that enables us to process multiple transactions during the session without having to provide an Access ID and Passcode for each individual transaction. You must accept this cookie to use the Online Banking Service. The session cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. The session cookie does not contain any personal information. When you log off, close your browser, or turn off your machine, the session cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account. Our Service Provider also uses persistent or “permanent” cookies to identify this Institution and your computer as part of our enhanced security. The permanent cookies will remain on your computer’s hard drive until you clear cookies with your browser. If you do not accept these cookies, you may not be able to use all the features of the Online Banking Service.

      Multi-Level Authentication – We use multi-level authentication (or enhanced security) to help prevent unauthorized access to your accounts. As part of our enhanced security solution we may ask you to select challenge questions which may be used to help verify your identity in the event unusual login or transaction activity is detected. We require the use of security tokens (whether physical or software tokens) to perform cash management transactions through Online Banking. We may also send you a One Time PIN (OTP) which can be used to help authenticate your login or transaction requests.

    • Your Security Obligations
      You are solely responsible for the maintenance, installations, and operation of your computer INCLUDING but not limited to THE USE OF UPDATED ANTI-VIRUS PROTECTION.Neither The Bank nor its service providers shall be responsible for any delays, errors, deletions, failures, or disclosure of personal or Business Account information that may occur as a result of any Virus, Trojan, shared password, or malfunction of your computer or software or your Failure to adequately maintain and secure your computer AND SOFTWARE.

      • All Authorized Users should sign-off after every session. While online sessions will automatically end after a period of inactivity, logging off can help protect you in case you accidentally leave your computer unattended.
      • Refrain from using public computers (e.g. computers in a library, Internet caf? or hotel business center) to access your online banking accounts. The security of public or shared computers cannot be assured.
      • Always keep your computer’s operating system and browser fully patched for critical security issues. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Online Banking Service.
      • Always keep your anti-virus and anti-spyware software current and routinely scan your computer, servers, and electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or malicious software (malware) may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Furthermore, undetected or un-repaired viruses or malware may affect the security of online accounts and the privacy of personal information stored on your computer. If your computer is compromised by some form of malware, virus, or Trojan, you could unintentionally transmit sensitive account information or personal data to another third party or transmit a virus to other computers.
      • Always use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
      • If you use a wireless Internet connection to access your online accounts, make sure that the wireless network is encrypted.

      Occasionally we may post important security notices on our website and/or send online banking users security related notices or reminders; it is your responsibility to read all security notices.

    • Protecting Your Passcode
      When you or your Authorized Users accept the terms and conditions of this Agreement, you agree not to give or make available your Passcode or other means to access your account to any unauthorized individual(s). You are responsible for all transactions authorized or requested though the Online Banking Service using a valid Access ID and Passcode, including without limitation those situations when your Access ID and Passcode are obtained due to compromise to your computer. If you permit other persons to use the Online Banking Service with your Passcode, or other means to access your account, you are responsible for any transactions they authorize.If you believe that your Passcode or other means to access your account has been lost or stolen or that someone may attempt to use the Online Banking Service without your consent or has transferred money without your permission, you must notify us at once by calling 828-466-1765 or toll free 877-802-1212 during customer service hours. You can also contact us by sending a secure message through the Online Banking Service. If you or your Authorized users disclose your Passcode to anyone, and/or if you allow someone to use your Passcode to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the Online Banking Service by them (e.g., such as when you provide this information to a joint account holder, an employee, an aggregation service provider, or when your personal computer is compromised by a key stroke Logging virus or any other type of malware).You agree that we may send notices and other communications, including Passcode change confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual.
    • Our Liability for Failure to Complete Transactions
      We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:

      1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
      2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
      3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller;
      4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
      5. If your computer, software, or telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
      6. It can be shown that the Biller received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
      7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we determine, in our sole discretion, prevents their withdrawal;
      8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
      9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
        Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Biller, which does not comply with your Payment Instructions, the Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
    • Documentation and Verification of Payments and Transfers
      Information regarding Online Banking and Bill Payment transactions will be reflected on the account detail in the Service and in your regular monthly account statement(s).
    • Provisions Applicable Only to Consumer Deposit Accounts
      Please refer to the following link regarding electronic fund transfer disclosures: https://peoplesbanknc.com/account-disclosures. The provisions in the disclosures cover important issues, including such things as limits on your liability for unauthorized electronic fund transfers and how to contact the Bank in case of errors or questions.
    • Provisions Applicable Only to Business Accounts
      1. Protecting Your Account(s)
        The Service will allow Business Customers to establish individual Access IDs, Passcodes and privileges for each Authorized User. Transaction history is maintained for each Access ID. Additional fees may be assessed for each Access ID or Sub-User that is established.Business Customer(s) will be solely responsible for designating Authorized Users and assigning privileges within the service.As a security measure, Business Customers should evaluate and implement the dual control features within the Service for ACH Origination and wire transfers.
      2. Sub-User Administration
        Sub-User Administration is an optional service for Business Customers that may be activated at any time after your initial enrollment. The Business Customer shall be solely responsible for designating the Focus Customer. The Focus Customer may designate one or more Sub-User Administrators and may grant access and authority to such Sub-User Administrator(s) equal to or less than the Focus Customer’s level of access and authority. Notwithstanding the foregoing, please note that a Sub-User Administrator has the ability to remove, change or otherwise alter the restrictions or limits placed upon their rights by the Focus Customer, subject to approval by the Focus Customer.A Sub-User Administrator may grant access and authority to other individual Sub-Users equal to or less than the Sub-User Administrator’s level of access and authority. Such authority may include full or limited online access to the Eligible Accounts, including without limitation, authority to transfer funds internally or externally, to originate Bill Pay transactions, ACH transactions, wire transfers, and/or to initiate any other cash management service transactions available through Online Banking, as well as authority to make funds transfers through the Popmoney Service. Dual control should be established to help regulate the actions of multiple Sub-Users. For security and auditing purposes, each Sub-User should be assigned separate Access IDs and Passcodes. All cash management activity is tracked at the Focus Customer level and is viewable by both the Sub-User originator and Focus Customer in the online history. Internal transfers are tracked for each Access ID.The Focus Customer or Sub-User Administrator will need to provide the Access ID and temporary Passcode to each new Sub-User. The temporary Passcode will be used to gain access to the Online Banking Service initially. After the Sub-User’s initial log on, they will be prompted to set up their own unique Passcode, known only to them, for future use of the Online Banking Service.Business Customer understands that there may be a charge for multiple Sub-Users. You agree to pay all such charges and authorize us to deduct such charges from your deposit account and any additional charges that may be incurred by you. Any fees associated with your standard business deposit account(s), as described in our fee schedule will continue to apply.
      3. ACH Origination
        Authorized Users of Business Customers who have been approved for ACH Origination privileges may edit, delete, or “un-approve” ACH transactions prior to the scheduled date for the transaction. A separate ACH Origination agreement is required before ACH origination services may be accessed through Online Banking. In the event of a conflict between an ACH Origination agreement and this Agreement, the ACH Origination agreement will control.If ACH batch transactions have been approved and submitted to us for processing, you must contact us immediately if any changes are necessary after the designated cut-off time. In these situations, we may not have sufficient time type to stop the transactions from processing before the schedule payment date.
      4. Business Customer Liability
        BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT ITS AUTHORIZED USERS and sub-Users HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE ONLINE BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE ONLINE BANKING SERVICE BY IT OR ON ITS BEHALF.
        BUSINESS CUSTOMER AUTHORIZES THE BANK AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF ANY AUTHORIZED USER(S).FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THE BANK AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER.
        BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE ONLINE BANKING SERVICE OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE BANK AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND LOSSES, AND/OR DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS FEES) RESULTING FROM, OR STEMMING FROM THE BANK OR ITS SERVICE PROVIDERS ACTING UPON, ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER.Business Customer agrees that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to:

        • Require all Authorized Users to keep Passcodes secure and strictly confidential;
        • Immediately notify us and select a new Passcode if you or your Authorized Users believe your Passcodes may have become known to an unauthorized person.

        We may disable Passcodes of Authorized Users even without receiving such notice from you, if we suspect Passcodes are being used in an unauthorized or fraudulent manner.

        Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Online Banking Service.

        The Bank and its service providers shall have no obligation, liability or control, either directly or indirectly concerning the Business customers’ selection of security systems or devices used to protect its computer System(s). Furthermore, neither this Institution nor its Service Providers shall have control over Business Customers’ development or implementation of said security procedures or the failure of business customer to maintain said procedures.

        Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Online Banking Service using a valid access id and passcode.

      5. Commercially Reasonable Security Procedures
        When you accept this Agreement and use the Service, you acknowledge and agree that the Service includes security measures which are commercially reasonable.You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with the Online Banking Service, including procedures to protect the confidentiality of your Access ID and Passcode and the same for your Authorized Users. You agree to notify the Bank in the event that your use of the Online Banking Service would necessitate or be better served by a level of security that exceeds that offered by the Online Banking Service. If you fail to notify the Bank, you acknowledge and agree that the security aspects of the Online Banking Service are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
      6. Errors and Questions
        In case of errors or questions about your transactions, you should notify us as soon as possible through one of the following methods:Telephone us at: 828-466-1765 or toll free at: 877-802-1212 during customer service hours;Write us at: Peoples Bank, Attn: Customer Service, P.O. Box 467, Newton, N.C. 28658
      7. Your Liability for Unauthorized Transfers
        You must notify us of errors, discrepancies, or possible unauthorized transactions as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transaction, Peoples Bank will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.The Bank and its Service Providers shall have no liability to you for any unauthorized transactions made using your Passcode that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.If you fail to notify us of any discrepancy within sixty (60) days after receiving notice of such discrepancy, you shall be precluded from asserting any such discrepancy against us.
      8. Limitation of Institution Liability
        The Bank and its Service Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our WILLFUL misconduct. The Bank and its Service Providers will have no liability for any loss or damage:

        • Related to the dishonesty of the Business Customer’s employees, officers, agents, Authorized Users;
        • Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request;
        • Resulting from any delay in the performance of this Agreement, which is caused by an act of God, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between Peoples Bank and third parties, or any other condition outside of our control.

        If the Bank and/or its Service Providers fail or delay in making a payment or transfer pursuant to your instruction, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instruction.

        We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your Payment Instruction, or if we permit an unauthorized payment after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days interest.

        If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank OF Richmond for each day interest is due, computed on the basis of a three hundred sixty (360) day year.

        No third party will have rights or claims against Peoples Bank and its Service Providers under this Agreement. The terms of this section will survive termination of this Agreement.

      9. Indemnification
        Business Customer(s) and its Authorized Users will defend, indemnify and hold harmless Peoples Bank and its Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by Peoples Bank through the Online Banking Service, (ii) any breach of the provisions of this Agreement (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Online Banking Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney’s fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.
      10. Financial Information
        The Bank is required by its regulators to analyze its business customers’ financial information on an ongoing basis. You agree to provide us, at least annually, with personal and corporate financial statements, personal and corporate tax returns, bank statements (from other financial institutions) and, upon our request, other such financial documentation.
    • Alterations and Amendments
      This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you at least twenty-one (21) days before the effective date of such change, unless an immediate change in terms or conditions is necessary to maintain or restore the security of your account(s) or Online Banking. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services,
    • Address, E-mail, or Payment Account Changes
      When you enroll in the Service, we may send you a “Welcome” e-mail. We will also send you e-mails and/or secure messages through the Service regarding important Online Banking and Bill Payment matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within the Service in the User Services menu or by contacting Customer Service at 828-466-1765 or toll free 877-802-1212.Any changes to your Eligible Account(s), Payment Account, or Billing Account should also be made in accordance with the procedures outlined above.We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
    • Service Termination, Cancellation, or Suspension
      In the event you wish to cancel the Service, please contact our Customer Service Department at 828-466-1765 or toll free 877-802-1212.Any Bill Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Bill Payments, including automatic payments, will not be processed once the Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date.We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Online Banking or Bill Payment activity for a period of six (6) consecutive months, accessibility will automatically terminate.After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Customer Service Department at 828-466-1765 or toll free 877-802-1212.
    • Exclusions of Warranties and Limitation of Damages
      THE ONLINE BANKING SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS”, “AS AVAILABLE” 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.Notwithstanding our efforts to ensure that the Online Banking Service is secure, we cannot and do not warrant that all data transfers via the Online Banking Service will be free from monitoring or access by others.We are not responsible for and you agree to hold us harmless from any damages, losses, costs, errors, deletions, or failures that occur as a result of or in connection with any malfunction of your computer or software, or your failure to obtain adequate online security hardware and software, nor will we be responsible for any computer viruses that affects your computer or software while using the Online Banking Service. In addition, we will not be responsible for any third party access or attempted access to your computer or software while using the Online Banking service or our website.We are not responsible and you agree to hold us harmless for security breaches caused by or arising from a breach of your computer system, Internet provider or your mobile device carrier.You are solely responsible for the maintenance, installations, and operation of your computer INCLUDING but not limited to THE USE OF UPDATED ANTI-VIRUS PROTECTION.Neither The Bank nor its service providers shall be responsible for any delays, errors, deletions, failures, or disclosure of personal or Business Account information that may occur as a result of any Virus, Trojan, shared password, or malfunction of your computer or software or your Failure to adequately maintain and secure your computer AND SOFTWARE.
      THE FOREGOING SHALL CONSTITUTE Peoples Bank AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL Peoples Bank or its service providers BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS or attorneys fees (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE ONLINE BANKING SERVICE.
    • No Unlawful or Prohibited Use
      As a condition of using the Online Banking Service, you represent and warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation.You further warrant and represent that you will not use the Online Banking Service in any manner that could damage, disable, overburden, or impair the service or interfere with any other party’s use and enjoyment of the service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
    • Assignment
      You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
    • No Waiver
      The Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission 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.
    • Setoff
      You authorize us to obtain payment of your obligations to us arising under this Agreement from time to time by (a) initiating debit or credit transfers to any of your accounts or (b) deducting the payment from the amount of any bank transfer. Such obligations include, without limitation; fees owed to us and settlement for bank transfers initiated through Online Banking. At the time any account is closed (whether by you, by us, or otherwise) or any of the services available through Online Banking are terminated (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and authorize us to withhold the amount of any such obligations from any account. Debiting an account or deducting payment from the amount of any bank transfer is not the Bank’s exclusive remedy under this or any other section of this Agreement and the Bank will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions.
    • Monitoring of Communications
      You agree on behalf of yourself, your employees and agents that we may monitor and record your telephone and electronic communications in connection with the services available through Online Banking at any time, without further notice to you or any party to the communication.
    • Compliance with Laws
      You agree to comply with all applicable laws and regulations when using Online Banking. You agree not to initiate any wire transfer or payment that would violate the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control.
    • Security Changes
      In the event that an immediate change is needed to ensure the security of the online system, we will post a notice of any such change on the online Business Banking service website. You may choose to accept or decline changes by continuing or discontinuing the service(s) available through Online Banking to which the changes relate. We reserve the option to waive, reduce, or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the account disclosure applicable to the account in question.
    • No Third Party Use
      Unless you have our prior written consent, you may not use the services available through Online Banking to process transactions for third parties or permit others to initiate Online Banking transactions on your behalf.
    • No Third Party Beneficiaries
      No third party will have rights or claims against Peoples Bank and its Service Providers under this Agreement. The terms of this section will survive termination of this Agreement.
    • 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.
    • Security Interest.
      You grant us a security interest in your Bank accounts to secure the repayment of any overdraft or other obligation that you incur under this Agreement.
    • Severability
      If one or more provision(s) of this Agreement is or are held to be invalid, illegal or unenforceable under applicable law, the offending portions of such provisions, or such provisions in their entirety, to the extent necessary, shall be severed from this Agreement, and the balance of this Agreement shall be enforceable in accordance with its terms.
    • Disputes
      In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of the Bank and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
    • Ownership of Material
      Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Peoples Bank and/or is Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
    • Governing Law and Relation to Other Agreements
      Accounts and services provided by the Bank may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.
      This Agreement is governed by, and shall be construed in accordance with, the laws of the State of North Carolina, except that any conflict of laws rule of that jurisdiction that may require reference to the laws of some other jurisdiction shall be disregarded. Any lawsuit brought to enforce any provision of this Agreement shall only be brought in a state court in Catawba County, North Carolina, or the nearest federal court to said County.
    • Authority to Execute Agreement
      Each party, and each person signing on behalf of a party, represents and warrants that it has full legal authority to enter into and perform its obligations without any additional consent or approval.

 

EXHIBIT A

Mobile Banking Services Terms of Use

 

This is an exhibit (the “Exhibit”) to the Online Banking and Bill Payment Agreement (the “Agreement”) between you (“Customer”) and Peoples Bank (the “Bank”). The following terms and conditions apply to your access and use of Peoples Bank’s Online Banking Service through mobile devices, including without limitation Internet-enabled cellphones and computer tablets. The terms and conditions set forth in the Agreement are incorporated herein by reference; in the event of a conflict, the terms of this Exhibit shall control. This Exhibit, when taken together with the Agreement, constitutes the entire agreement among the parties concerning the subject matter hereof.

  1. Eligible Enrollees.
    You have agreed to accept mobile banking services (“Mobile Banking” or the “Mobile Service”) in accordance with these Mobile Banking Services Terms of Use (the “Mobile Terms and Conditions”). The Mobile Service is only available to customers of the Bank that receive the Online Banking Service. We reserve the right to limit the types and number of accounts eligible for Mobile Banking. The terms and conditions of your Online Banking and Bill Payment Agreement apply to Internet banking and bill payment services that you receive through the Mobile Service. By accepting and using the Mobile Service, you agree to comply with the Online Banking and Bill Payment Agreement as well as these Mobile Terms and Conditions.
  2. Definitions.
    Capitalized terms that are not defined in this Exhibit shall have the same meanings as provided in the Online Banking and Bill Payment Agreement.“Business Day” means any weekday that is not a Bank holiday and the Bank is open for business. “Mobile Device” means a device including a smart phone or other mobile device that is web-enabled and allows secure SSL traffic.
  3. Use of Mobile Service.
    You agree not to use Mobile Banking or the Software (defined below) in or for any illegal, fraudulent, unauthorized or improper manner or purpose and you will only use Mobile Banking and/or the Software in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations issued by the U.S. Department of Commerce, Bureau of Industry & Security. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Mobile Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Mobile Device and we will not be liable to you for any losses caused by your failure to properly use the Mobile Service or your Mobile Device. We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by these terms and conditions and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by law. Your use of the Mobile Service after any modifications to these terms and conditions are provided to you constitutes your agreement to be bound by the same.
  4. Mobile Device Requirements.
    Using Mobile Banking requires a Mobile Device that supports 128-bit encryption and that is web-enabled. You are responsible for providing your own Mobile Device to access Mobile Banking. The Mobile Device that you use may be subject to unauthorized tracking or other manipulation by “spyware” or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk.
  5. Mobile Service Availability.
    We will use reasonable efforts to make Mobile Banking available for your use on a continuous basis. We do not guarantee functionality of Mobile Banking (or any specific software that we provide with respect to Mobile Banking) on all Mobile Devices, on all communication networks, in all geographic regions, or at all times. Mobile Banking may be temporarily unavailable for regular or emergency system maintenance. In addition, your access to Mobile Banking may be interrupted because of conditions beyond our control, including because of outages in Internet availability. These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions. Neither we nor any of our service providers assumes responsibility for any disclosure of account information to third parties, the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings in connection with your use of Mobile Banking. In the case of a disaster, the Mobile Service may be suspended in order to allow emergency and responding personnel to use the cellular networks.
  6. Balance Information.
    Some of the services available through Mobile Banking provide you with balance and other account information. The available balance displayed through the Mobile Service is the amount of money currently shown as available through Online Banking and it includes all processed transactions, but it may not include any transactions (deposits, ACH, checks, debit or credit card transactions) that have not been received or processed by the Bank. Since certain information and transactions are not processed by us until after the close of the Bank’s business day, some transactions may not be reflected in the system until the Bank’s next business day. The available balance does not include overdraft protections that may be available to you under a separate agreement. Posted items may be reversed due to insufficient funds, stop payment orders, legal process, and other reasons. Certain balances also may not be subject to immediate withdrawal. We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking software. We assume no responsibility for any loss arising from incomplete information or for any temporary interruption in our information system. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. If you are unable to access our system for any reason, you can contact the branch our customer service department at (877) 802-1212 for account information.
  7. Statements and Notices.
    Information on transfers to or from your accounts will be available to you through Mobile Banking and will be reflected on your periodic statements. Unless otherwise required by law, we are not required to provide you with any other notice of the receipt, transmittal or debiting of wire transfers or other transfers.
  8. Indemnification.
    You agree to indemnify, defend, and hold us and our affiliates and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking, your violation of this Exhibit, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone.
  9. Lost or Stolen Mobile Device or Passcode; Unauthorized Transfers.
    If you believe your Mobile Device, user name (Login ID), Passcode, or other approved access device has been lost or stolen, or that someone has transferred or may transfer funds from your account without your authorization, you should immediately visit the Bank’s Online Banking User Services webpage to deactivate Mobile Banking for your Mobile Device. This is the best way of minimizing your losses and liability. In the alternative, you can call (877) 802-1212, during the hours of 8 a.m. ET to 6 p.m. ET Monday through Friday (except for banking holidays); outside of these hours, you may call (800) 884-2071 (including Saturday and Sunday). Finally, you should consider contacting your mobile carrier to have the Mobile Device deactivated by the carrier. The Bank will not be responsible for any potential deactivation or reactivation fees charged by your mobile carrier.
  10. Licensor.
    Access to Online Banking via your mobile device is powered by the mobile technology solution owned by mFoundry, Inc (the “Licensor”). The Licensor is not the provider of any of the financial services available to you through the Software (defined below), and Licensor is not responsible for any of the materials, information, products or services made available to you through the Software.
  11. Ownership.
    You acknowledge and agree that the Licensor is the owner of all rights, title and interest in and to the mobile technology solution made available to you hereunder, including but not limited to any downloaded software and the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they may exist (all of which is collectively referred to herein as the “Software”). You may not use the Software unless you have first accepted the Mobile Terms and Conditions.
  12. License.
    Subject to the terms and conditions of this Exhibit, you are hereby granted a personal, nonexclusive, nontransferable license to use the Software (in machine readable object code form only) in accordance with the terms of this Exhibit and for the sole purpose of enabling you to use and enjoy the benefits of the Bank’s services made available via the Software. This is not a sale of the Software. All rights not expressly granted to you by this Exhibit are hereby reserved by the Licensor. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This license may be terminated at any time, for any reason or no reason, by you, the Licensor or the Bank. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or otherwise in your possession or control. Any open source or other software included in the Software is licensed subject to the additional terms of the applicable open source or other license conditions and/or copyright notices that can be found in the About page, on mFoundry’s website, or in other documentation or materials accompanying the Software (the “Incorporated Terms”), which Incorporated Terms are hereby incorporated herein. Copyrights to such open source software are held by copyright holders indicated in the copyright notices.
  13. Restrictions.
    You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright of Licensor or the Bank.
  14. Updates.
    The terms of this Exhibit will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.
  15. Consent to Use of Data.
    You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Software. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies.
  16. Export Restrictions.
    You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
  17. U.S. Government Restricted Rights.
    The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Exhibit.
  18. Disclaimer of Warranty.
    THE SOFTWARE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  19. Limitation of Liability.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BANK, MFOUNDRY OR THEIR AFFILIATES OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION), HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, NEITHER THE BANK NOR THE LICENSOR’S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  20. Other Agreements.
    You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Exhibit does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your mobile communication service agreement, or (ii) any Mobile Device, hardware, software or other any product or service you may purchase from others relating to your use of Mobile Banking. Accordingly, you agree to resolve any problems with your provider directly without involving us.Any deposit account, loan or other banking product accessed through the Mobile Service is subject to the account agreements between you and the Bank, your Online Banking and Bill Payment Agreement with the Bank, applicable disclosures provided by the Bank, as well as this Exhibit. You should review the account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
  21. Use of Mobile Banking Applications.
    Mobile Banking users will be required to download, install and use certain software systems and programs developed by us, our licensors or other third-parties. We are not responsible for any damage to your Mobile Device resulting from those activities, and you will be engaging in those activities at your own risk. If you obtain a different Mobile Device and wish to access Mobile Banking through an application on your device, you will be required to download and install the software application to that different Mobile Device under the same terms set forth in this Exhibit, including the provisions of this subsection. We reserve the right to change, add to or terminate services with our third-party software solutions partners, to substitute different software solutions for the software relating to the operation of Mobile Banking and to enter into arrangements and agreements for the provision of software solutions for Mobile Banking with other licensors and third-parties.
  22. Fees.
    You agree to pay for Mobile Banking in accordance with our current fee schedule and as amended from time to time. In the future, we may add to or enhance the features of Mobile Banking. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.
  23. User Security.
    You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Mobile Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. You also agree not send privileged account information (account number, password, etc.) in any public or general e-mail system.
    If you permit other persons to use your Mobile Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you.
    We may require you to change your confidential security codes at any time. We may deny access to Mobile Banking without prior notice if we are unable to confirm (to our satisfaction) any person’s authority to access Mobile Banking or if we believe such action is necessary for security reasons.
  24. Right of Setoff/Security Interest.
    You authorize us to obtain payment of your obligations to us arising under this Exhibit from time to time by (a) initiating debit or credit transfers to any of your accounts or (b) deducting the payment from the amount of any bank transfer. Such obligations include, without limitation, fees owed to us and settlement for bank transfers initiated through Mobile Banking. At the time any account is closed (whether by you, by us, or otherwise) or any of the services available through Online Banking is terminated (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and authorize us to withhold the amount of any such obligations from any account. Debiting an account or deducting payment from the amount of any bank transfer is not the Bank’s exclusive remedy under this or any other section of this Exhibit and the Bank will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions. Except to the extent prohibited by applicable law, you also grant us a security interest in your Bank accounts to secure the repayment of any overdraft or other obligation that you incur under this Exhibit.
  25. Miscellaneous.
    This Exhibit constitutes the entire agreement between you and the Licensor concerning the subject matter hereof. In the event any claims arising under this Exhibit are brought by, or brought against, the Licensor, this Exhibit will be governed by and construed in accordance with the laws of the state of Texas, excluding that body of laws pertaining to conflict of laws. Otherwise, Section 45 of the Agreement will control. If any provision of this Exhibit is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. In the event any claims arising under this Exhibit are brought by, or brought against, the Licensor, then all such disputes shall be subject to the exclusive jurisdiction of the courts of Texas and you expressly consent to jurisdiction and venue thereof and therein. Otherwise, Section 45 of the Agreement will control. This Exhibit and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
  26. End User Terms for Mobile Banking via SMS
    Any Bank fees for use of Mobile Banking via Short Message Service (“SMS”) are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from the Bank. To access Mobile Banking via SMS, you must opt-in by making the appropriate selections in Online Banking .You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for SMS.
    The Licensor is not responsible for the content transmitted through the text messages sent to and from the Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, ‘From’ field in text message, etc.) To Stop Receiving SMS Mobile Banking Texts: To stop Mobile Banking texts from coming to your phone, you can opt out of the program via SMS. Just send a text that says “STOP” to this number 96565. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

 

EXHIBIT B

PopmoneySM Personal Payment Service
Terms of Use

This Exhibit B (“Exhibit B”) to the Online Banking and Bill Payment Agreement (the “Agreement”) between you (“Customer”) and Peoples Bank (the “Bank”). The following terms of use apply to your use of the Popmoney Personal Payment Service. For consumers, this feature is for scheduling, at your option, personal payments to individuals or entities from your Peoples Bank Online Banking Bill Payment service using the Popmoney Personal Payments Service (the “Popmoney Service”). For Business Customers, this feature is for scheduling, at your option, payments to individuals or entities from your Peoples Bank Online Banking Bill Payment service using the Popmoney Service. These terms and conditions apply to your use of the Popmoney Service and the portion of the site through which the Popmoney Service is offered. The terms and conditions set forth in the Agreement are incorporated herein by reference; in the event of a conflict, the terms of this Exhibit B shall control. This Exhibit B, when taken together with the Agreement, constitutes the entire agreement among the parties concerning the subject matter hereof.

  1. Definitions Applicable to Popmoney Personal Payment Service
    Capitalized terms in these Terms and Conditions shall have the same meaning as set forth in Online Banking and Bill Payment Agreement between you and Peoples Bank unless defined otherwise as set forth in this Exhibit B. Payment Instruction – is the information provided by the Popmoney Service for a payment to be made (such as, but not limited to, name, telephone number, and email address). Receiver – is a person or entity that is sent a payment through the Popmoney Service. Sender – is a person or entity that sends a payment through the Popmoney Service. Site – means the Peoples Bank website through which the Popmoney Service is offered to you within Bill Payment. Transaction Account – means the transaction account from which your payment as a Sender will be debited, your Popmoney
    Service fees will be automatically debited, or to which payment and credits to you will be credited through the Popmoney Service.
  2. Receipts and Transaction History
    You may view at least six months of your transaction history by logging into your account and looking at your account transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.
  3. Prohibited Payments
    The following types of payments are prohibited through the Popmoney Service, and we have the right but not the obligation to monitor for, block and/or reverse such payments:

    1. Payments to or from persons or entities located outside of the United States and its territories: and
    2. Payments that violate any law, statute, ordinance or regulation; and
    3. Payments that violate the Acceptable Use terms in contained in Section 4 below; and
    4. Payments related to: tobacco products, prescription drugs and devices, narcotics, steroids, controlled substances or other products that present a risk to consumer safety, drug paraphernalia, ammunition, firearms, or firearm parts or related accessories, weapons or knives regulated under applicable law, goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity, goods or services that are sexually oriented, goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime, goods or services that defame, abuse, harass or threaten others, goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent, or discourteous, goods or services that advertise, sell or solicit others, goods or services that use the Site for commercial purposes of any kind other than to facilitate a transaction on the Popmoney Service, goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
    5. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
    6. Payments relating to transactions that support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, are associated with purchases of real property, annuities, or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, are for the sale of items before the seller has control or possession of the item, constitute money-laundering or terrorist financing, are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing, or provide credit repair; and
    7. Tax payments and court ordered payments.
      h. In addition to the above referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization.
      In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be the sole responsibility of the Sender and not ours. We encourage you to provide notice to us by the methods described in the Online Banking and Bill Payment Agreement of any violations of this section or the Terms of Use generally.
  4. Acceptable Use
    You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Popmoney Service, regardless of the purpose of the use, and for all communications you send through the Popmoney Service. We and our service providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Popmoney Service for communications or activities that: violate any law, statute, ordinance or regulation; promote hate, violence, racial intolerance, or the financial exploitation of a crime; defame, abuse, harass or threaten others; include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; impose an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Popmoney Service or the portion of the Site through which the Popmoney Service is offered without any prior written permission; constitute use of any device, software or routine to bypass technology protecting the Site or Popmoney Service, or interfere or attempt to interfere, with the Site or the Popmoney Service; or may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in the Online Banking and Bill Payment Agreement of any violations of this section or this Exhibit B generally.
  5. Payment Authorization and Payment Remittance
    1. By providing us names and/or telephone numbers and/or email addresses and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Popmoney Service.
    2. When we receive a Payment Instruction from you, you authorize us to debit your sending Transaction Account and remit funds on your behalf. You also authorize us to credit your receiving Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payments(s) or cancelled and returned to you because the processing of the payment transaction could not be completed. You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers.
    3. Once registered, you as a Receiver authorize us to credit your Transaction Account for payments remitted to you on behalf of a Sender without further approval from you. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you. If you do not register, then funds will not be transferred to you from the Sender’s Transaction Account, and the payment transaction will be cancelled.
    4. We will use reasonable efforts to make all your payments properly. However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
      1. If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
      2. The Popmoney Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
      3. The payment is refused as described in Section 7 below.
      4. You have not provided us with correct information, including but not limited to the correct Payment instructions or Transaction Account information, or the correct name and email address or phone number of the Receiver to whom you are sending a payment; and/or
      5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
    5. It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Popmoney Service (including but not limited to the Payment instructions and name, telephone number and/or email address that the Sender enters for the Receiver to whom you are sending the payment transaction), and for informing us as soon as possible if they become aware of that this information is inaccurate. Neither the Sender nor Receiver may use a P. O. Box as a postal address. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
  6. Payment Methods and Amounts
    We may, at our sole discretion, impose limits on the amount of money you can send or receive through our Popmoney Service. We also reserve the right to select the method which to remit funds on your behalf, and the method to return funds to you in the event that your Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic payment or an electronic to check payment.
  7. Payment Cancellation Requests, Stop Payments and Refused Payments
    Sender may cancel the initiation of a payment transaction or stop a payment transaction at any time until the processing of the transaction into the Receiver’s account has begun. Our ability to stop a payment transaction or recover funds associated with an unauthorized payment transaction will depend on the manner in which the payment transaction was initiated and whether the transaction to the Receiver’s account has begun processing. We will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized transaction; however, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When you initiate a transaction, the Receiver is not required to accept the transaction. You agree that you as the Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not accept a transaction initiated or attempted through the Popmoney Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited or denied payment transaction to your eligible Transaction account or use other reasonable efforts to return such payment to you as permitted by law.
  8. Mobile Phone Users
    Your phone service provider is not the provider of the Popmoney Service. Users of the Popmoney Service may receive text messages relating to their payment and other notices. You will receive text messages related to your payment transactions from time to time. Data and messaging charges from your telecommunications provider may apply, and you are responsible for such charges. In the event your enrolled mobile or cellular device is lost or stolen, you agree to update your information and make the appropriate changes to disable the use of such devices. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word “HELP” to this number: 767666. To stop receiving text messages on your mobile phone, text “STOP” to this number: 767666.
  9. Taxes
    It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, remitting, any taxes arising from any transaction.
  10. Popmoney Service Fees and Additional Charges
    Applicable fees will be disclosed in the user interface or elsewhere within the Popmoney Service. Any applicable fees will be charged regardless of whether the Popmoney Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fee 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 assessed by your telephone and/or Internet service provider.
  11. Refused Payments
    We reserve the right to refuse to pay any Receiver. We will notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Exhibit B.
  12. Intellectual Property
    “Popmoney” is a trademark of CashEdge Inc or its affiliates. All other marks and logos related to the Popmoney Service are either trademarks or registered trademarks of us or our licensors. In addition, all Popmoney page headers, custom graphics, button icons, and scripts are our service provider’s service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Popmoney Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Popmoney Service, the portion of the Site through which the Popmoney Service is offered, the technology related to the Site and Popmoney Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Popmoney Service shall be considered an uncompensated contribution of intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
  13. Links and Frames
    Links to other sites may be provided on the portion of the Site through which the Popmoney Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Popmoney Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
  14. Remedies for Breach
    If we have reason to believe that you have engaged in any of the prohibited activities described in this Exhibit B or have otherwise breached your obligations under this Exhibit B, we may terminate, suspend or limit your access to or use of the Site or the Popmoney Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Exhibit B, access to the Site, and/or use of the Popmoney Service for any reason and at any time.
  15. Disputes
    In the event of a dispute regarding the Popmoney Service, you and we agree to resolve the dispute by looking to this Exhibit B. You agree that this Exhibit B is the complete and exclusive statement of the agreement between us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you, relating to the subject matter of this Exhibit B. If there is a conflict between the terms of this Exhibit B and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Exhibit B will prevail.
  16. Arbitration
    For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and the judgment there may be entered in any court of competent jurisdiction. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration.
  17. Law and Forum of Disputes
    This Exhibit B shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of laws provisions. To the extent that the terms of this Exhibit B conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Exhibit B shall remain in full force and effect. You agree that any claim or dispute you may have against us (other than those which are arbitrated under the terms of this Exhibit B) must be resolved by a court located in Catawba County, North Carolina. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Exhibit B. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Exhibit B.
  18. Release
    If you have a dispute with one or more other users of the Site or the Popmoney Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive California Civil Code ¤ 1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
  19. Exclusion of Warranties
    THE SITE AND POPMONEY 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 TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR POPMONEY SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
  20. Limitation of Liability
    THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE POPMONEY SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE POPMONEY SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE POPMONEY SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE POPMONEY SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE POPMONEY SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE POPMONEY SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE POPMONEY SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE POPMONEY SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE POPMONEY SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 16 AND 17 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS EXHIBIT B SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

EXHIBIT C

MOBILE DEPOSIT SERVICE
Terms and Conditions

 

This is an exhibit (“Exhibit C”) to the Online Banking and Bill Payment Agreement (the “Agreement”) between you (“Customer”) and Peoples Bank (the “Bank”). The following terms and conditions apply to your access and use of Peoples Bank’s mobile remote deposit capture services (the “Mobile Deposit Service” or “Mobile Deposit”) through mobile devices, including without limitation Internet-enabled cellphones and computer tablets. The Mobile Deposit Service is only available to customers of the Bank that receive the Online Banking Service and the Mobile Service. The terms and conditions set forth in the Agreement are incorporated herein by reference; in the event of a conflict, the terms of this Exhibit C shall control, unless there is a conflict between this Exhibit C and Exhibit B, in which case Exhibit B shall control. This Exhibit C, when taken together with the Agreement, constitutes the entire agreement among the parties concerning the subject matter hereof. Other agreements you have entered into with the Bank, including without limitation the deposit account agreement governing your Bank account (including applicable terms and conditions and disclosures) (the “Deposit Account Agreement”), continue to apply.

  1. Services.
    The Mobile Deposit Service is designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank’s designated processor (hereinafter, a “Mobile Deposit Device”). The Mobile Deposit Device must capture an image of the front and back of each check to be deposited in accordance with the Bank’s current procedures relating to Mobile Deposit (the “Procedures”); must read and capture the magnetic ink character recognition (“MICR”) line on each check; and must read and capture all such other data and information as is required by this Exhibit C or Federal Reserve regulations for the processing of these checks for payment. The Bank offers the benefits and convenience of Mobile Deposit to you free. The Bank reserves the right to charge fees for Mobile Deposit in the future. You agree to pay for Mobile Deposit in accordance with our current fee schedule and as amended from time to time. In the future, we may add to or enhance the features of Mobile Deposit. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.
  2. Acceptance of these Terms.
    Your use of Mobile Deposit constitutes your acceptance of this Exhibit C. This Exhibit C is subject to change from time to time. We will notify you of any material change via email or by posting notice of such change in the Bank’s online banking service. You will also be prompted to accept or reject any material change to this Exhibit C the next time you use Mobile Deposit after the Bank has made the change. Your continued use of Mobile Deposit will indicate your acceptance of the revised Exhibit C. Further, the Bank reserves the right, in its sole discretion, to change, modify, add or remove portions from Mobile Deposit. Your continued use of Mobile Deposit will indicate your acceptance of any such changes to Mobile Deposit. In the event that an immediate change is needed to ensure the security of Mobile Deposit, we will post a notice of any such change on our website. You may choose to accept or decline such changes by continuing or discontinuing Mobile Deposit.
  3. Limitations of Services.
    When using Mobile Deposit, you may experience technical or other difficulties. We shall not be responsible for any technical or other difficulties or any resulting damages that you may incur. Mobile Deposit has qualification requirements, and we reserve the right to refuse your access to Mobile Deposit based on such qualification requirements and to change the qualifications at any time without prior notice. In addition, we reserve the right to change, suspend or discontinue Mobile Deposit, in whole or in part, or your use of Mobile Deposit, in whole or in part, immediately and at any time without prior notice to you.
  4. Joint Accounts.
    You understand and agree that to the extent permitted under applicable law each owner of a Bank account is jointly and individually responsible for all Mobile Deposit transactions that affect that account.
  5. Eligible Items.
    You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). You agree that the image of the check transmitted to the Bank (each such check a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in North Carolina (such scanned Check image transmitted to the Bank for credit to your account, a “Remote Item”). You agree that you will not use Mobile Deposit to scan and deposit checks or other items that have any of the following characteristics: (a) are payable to any person or entity other than you (in the case of a check made payable to more than one payee, please refer to Section 8 of this Exhibit C, titled “Endorsements and Procedures”); (b) are drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder; (c) contain obvious alteration to any of the fields on the front of the check or item, 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; (d) were previously converted to a substitute check as defined in Reg. CC without the Bank’s prior written consent; (e) were previously converted to an image replacement document as defined in Reg. CC without the Bank’s prior written consent; (f) are drawn on a financial institution located outside the United States; (g) are remotely created checks, as defined in Reg. CC; (h) are not payable in United States currency; (i) are dated more than six (6) months prior to the date of deposit; (j) are dated after the date of the deposit; (k) are payable on sight or payable through drafts, as defined in Reg. CC; (l) contain any endorsement on the back other than that specified in this Exhibit C (m) have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution; (n) are drawn or otherwise issued by the U.S. Treasury Department; (o) are prohibited by the Procedures; (p) are in violation of any federal or state law, rule, or regulation; or (q) are otherwise not acceptable under the terms of your Bank account. Cash is not eligible for deposit through Mobile Deposit.
  6. Image Quality.
    The image of an item transmitted to the Bank using Mobile Deposit must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).
  7. Your Responsibility.
    You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Services, copy or reproduce all or any part of the technology or Services; or interfere, or attempt to interfere, with the technology or Services. We and our technology partners, inclusive of, but not limited to, mFoundry, Inc. and Ensenta Corporation, retain all rights, title and interests in and to Mobile Deposit, software and development made available to you.
  8. Endorsements and Procedures.
    You agree to restrictively endorse any item transmitted through Mobile Deposit as “FOR MOBILE DEPOSIT ONLY, Peoples Bank account #____” or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as the Bank may establish from time to time. Endorsements must be made on the back of the share draft or check within 1? inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using Mobile Deposit.
  9. Receipt of Items.
    We reserve the right to reject any item transmitted through Mobile Deposit, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from the Bank that we have received the image. Receipt of such confirmation does not mean the transmission was error free or complete, or will be considered a deposit and credited to your account. Following receipt of such confirmation, the Bank will process the image by preparing a “substitute check” or clearing the item as an image.
  10. Availability of Funds.
    You agree that items transmitted through Mobile Deposit are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using Mobile Deposit will be available after the Bank receives final payment for the funds submitted. The Bank may, but is not required to, make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and other such factors as the Bank, in its sole discretion, deems relevant.
  11. Disposal of Transmitted Items.
    After you receive confirmation that we have received an image, you must securely store the original Check for sixty (60) days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the 60-day retention period expires, you must destroy the original Check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never re-present the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid. For purposes of this Exhibit C, a “Business Day” means any weekday the Bank is open for business, and excludes without limitation any federal banking holiday observed by the Federal Reserve.
  12. Returned Deposits.
    Any credit to your account for Checks deposited using Mobile Deposit is provisional. If original Checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original Check will not be returned to you, but that we may charge back the amount of the original Check and provide you with an image of the original Check, a paper reproduction of the original Check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original Check if it has been charged back to you.
  13. Right of Setoff.
    We may debit any of your accounts with us to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item (whether or not the rejection, return, adjustment or warranty claim was made timely), or for any other amounts owed to us under the terms of this Exhibit C.
  14. Mobile Deposit Security.
    You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your Mobile Deposit Device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. If you learn of any loss or theft of original checks you will notify us immediately by:

    • Sending us a secure message through the Online Banking Service, or
    • Contacting us at this phone number: 828-466-1765 or toll free 877-802-1212
    • Sending us a letter to Peoples Bank, P.O. Box 467, Newton, N.C. 28658

    You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Exhibit C.

  15. Compliance with Law.
    You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
  16. Deposit Limits.
    We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using Mobile Deposit and to modify such limits from time to time. Unless otherwise specified by the Bank, changes to such limits shall be effective immediately upon notice to you via email or the Bank’s website. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Exhibit C, and we will not be obligated to allow such a deposit at other times.
  17. Hardware and Software; Deposit Limits.
    In order to use Mobile Deposit, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Bank from time to time. For consumer accounts, the current daily deposit limit is $3,500.00 per business day and the current monthly deposit limit is $7,500.00 per any thirty (30) consecutive calendar day period. For business accounts, the current daily deposit limit is $5,000.00 per business day and the current monthly deposit limit is $20,000.00 per any thirty (30) consecutive calendar day period. The Bank is not responsible for any third party software you may need to use Mobile Deposit. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
  18. Contingency Plan.
    In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with these terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all Checks to the closest Bank location. The deposit of original Checks at an office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of the Agreement.
  19. Errors.
    You agree to notify the Bank of any suspected errors regarding items deposited through Mobile Deposit right away, and in no event later than thirty (30) days after the applicable Bank account statement is sent. Unless you notify the Bank within thirty (30) days, such statement regarding all deposits made through Mobile Deposit shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error.
  20. Errors in Transmission.
    By using Mobile Deposit you accept the risk that an item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
  21. Presentment.
    The manner in which the items are cleared, presented for payment and collected shall be in the Bank’s sole discretion, subject to the Deposit Account Agreement governing your account.
  22. Use of Mobile Deposit Applications.
    Mobile Deposit users will be required to download, install and use certain software systems and programs developed by us, our licensors or other third-parties. We are not responsible for any damage to your Mobile Deposit Device resulting from those activities, and you will be engaging in those activities at your own risk. If you obtain a different Mobile Deposit Device and wish to access Mobile Deposit through an application on your device, you will be required to download and install the software application to that different Mobile Deposit Device under the same terms set forth in this Exhibit C, including the provisions of this subsection. We reserve the right to change, add to or terminate services with our third-party software solutions partners, to substitute different software solutions for the software relating to the operation of Mobile Deposit and to enter into arrangements and agreements for the provision of software solutions for Mobile Deposit with other licensors and third-parties.
  23. Ownership and License.
    You agree that the Bank retains all ownership and proprietary rights in Mobile Deposit, associated content, technology and website(s). Your use of Mobile Deposit is subject to and conditioned upon your complete compliance with this Exhibit C. Without limiting the restriction of the foregoing, you may not use Mobile Deposit (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to the Bank’s business interest, or (iii) to the Bank’s actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide Mobile Deposit.
  24. Consent to Use of Data.
    You agree that the licensor of the downloadable application used for Mobile Deposit (the “Licensor”) may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Software. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies.
  25. DISCLAIMER OF WARRANTIES.
    YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE (INCLUDING WITHOUT LIMITATION MOBILE DEPOSIT) AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE (INCLUDING WITHOUT LIMITATION MOBILE DEPOSIT) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.
  26. LIMITATION OF LIABILITY.
    YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE (INCLUDING WITHOUT LIMITATION MOBILE DEPOSIT), REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
  27. User Warranties.
    With respect to each and every Check you use to create an image using Mobile Deposit and every Remote Item you transmit to the Bank, you represent and warrant to the Bank that: (a) you will only transmit eligible items for deposit, in accordance with Section 5; (b) you assume responsibility for any Check that is transmitted which for any reason is not paid; (c) you are a person entitled to enforce the Check; (d) neither the Check nor the Remote Item is counterfeit; (e) neither the Check nor the Remote Item has been altered; (f) no depository bank, drawee, drawer, or endorser will receive presentment or return of, of otherwise be charged for, an item transmitted as a Remote Item, or any check or item derived from such Remote Item, such that said person will be asked to make a payment based on an item that it has already paid; (g) the Customer shall properly endorse each Check and deposit said Check to an account at Bank that matches the name of the Customer, in accordance with Section 8; (h) the Customer shall deposit only checks made payable to the Customer, unless otherwise allowed under Section 8 of this Exhibit C; (i) neither the Check nor the Image is subject to a defense or claim in recoupment that can be asserted against the Customer; (j) the Customer has no knowledge of any insolvency proceeding commenced with respect to the Customer or in the case of an unaccepted check, the drawer; (k) all information provided by the Customer to the Bank is accurate and true; (l) files submitted by the Customer to the Bank do not contain computer viruses or malware; (m) the Remote Item is a digitized image of the front and back of the Check and accurately represents all of the information on the front and back of the Check as of the time Customer converted the Check to a Remote Item; (n) if the Remote Item is being deposited into a Bank account designated by the Bank as a business account (including without limitation a sole proprietor account), the Customer has retained supporting documentation regarding the Remote Item that shows the item is payable and authorizes the payee to charge and collect the monies owed; (o) the Remote Item contains all endorsements applied by parties that previously handled the Check in any form for forward collection or return; (p) each of the Checks were duly authorized in the amount stated on the corresponding Remote Item and to the payee stated on such Remote Item; (q) the Bank will not suffer any loss as a result of Customer’s retention or destruction of the paper originals of Remote Items; and (r) the Customer has performed and will perform all of its obligations under this Exhibit C. The Customer shall be deemed to repeat and reaffirm each of the foregoing representations and warranties at the time any Check and/or Remote Item is delivered to the Bank through Mobile Deposit.
  28. Cooperation with Investigations.
    You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.
  29. Accountholder’s Indemnification Obligation.
    You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of Mobile Deposit and/or breach of this Exhibit C (including, but not limited to, any breach of the warranties, representations, or obligations contained in this Exhibit C). You understand and agree that this paragraph shall survive the termination of the Agreement.You understand and agree that you are required to indemnify our technology partners, including but not limited to mFoundry, Inc. and Ensenta Corporation, and hold harmless mFoundry, Inc., its affiliates, officers, employees and agents, as well as Ensenta Corporation, its affiliates, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to People’s Bank or End User’s use of Mobile Deposit, or use of mFoundry, Inc. or Ensenta Corporation Applications, unless such claim directly results from an action or omission made by mFoundry, Inc. or Ensenta Corporation in bad faith. You understand and agree that this paragraph shall survive the termination of the Agreement.
  30. Termination.
    We may terminate this Exhibit C at any time and for any reason. You may terminate this Exhibit C upon thirty (30) days written notice to the Bank. This Exhibit C shall remain in full force and effect unless and until it is terminated by us or you. Without limiting the foregoing, this Exhibit C may be terminated if you breach any term of this Exhibit C, if you use Mobile Deposit for any unauthorized or illegal purposes or you use Mobile Deposit in a manner inconsistent with the terms of your Deposit Account Agreement, online banking services agreement or any other agreement with us.
  31. General Terms and Conditions.
    1. Contact by Bank
      No Bank employee, or any company affiliated with the Bank, will contact you via e-mail or phone requesting your account information or security information. If you are contacted by anyone requesting this information, please contact us immediately.
    2. Security Interest
      You grant the Bank a security interest in all accounts or other deposits (whether general or special) you have with the Bank, and in all funds in such accounts or other deposits, to secure your obligations to the Bank under this Exhibit C. This security interest will survive termination of this Exhibit C. In addition to any other rights we may have under other agreements with you, we may hold any funds on deposit with us by you after termination of this Exhibit C for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Remote Item processed by the Bank using Mobile Deposit or, if later, until any other claims to such funds have expired.

Proceed with Enrollment for the Online Banking Service.

By clicking on the “I Agree” link, you do the following:

  1. The following sentence is applicable only to Business Customers: You represent that you have authority to enroll the Business Customer in Online Banking and to legally bind the Business Customer to the terms and conditions of the Business Online Banking Agreement;
  2. You agree to receipt of this Agreement and all updates to this Agreement in electronic form;
  3. You represent that you have read this Agreement, including Exhibit A, Exhibit B and Exhibit C (containing the terms of use for the Mobile Banking Service, PopMoney Service and Mobile Deposit Service), and understand its terms and conditions; and
  4. You agree to the terms and conditions in this Agreement, including without limitation Exhibit A, Exhibit B and Exhibit C (Note: clicking “I Accept” below is just as binding as manually signing the Agreement.) (If you do not agree, choose “Cancel” below. If you click “Cancel” you can still enroll at a later time by completing the online enrollment form. You will still be asked to accept the terms and conditions of this Agreement.)