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Reader-Friendly Terms and Conditions

A) ONLINE BANKING and BILL PAYMENT TERMS AND CONDITIONS Online Banking Terms and Conditions 1. Introduction i. Online Banking Features ii. Schedule of Fees iii. Questions or Errors 2. Getting Started 3. Hours of Service i. Account Transfers ii. Stop Payment Requests 4. Managing Passwords 5. Unauthorized Transfers 6. Accounts with Multiple Signature Restrictions 7. Electronic Mail 8. Liability 9. Alterations and Amendments 10. Termination or Discontinuation Bill Payment Terms and Conditions 1. Introduction 2. Service Guarantee 3. Service Definitions 4. Getting Started 5. Payment Scheduling 6. Payment Authorization and Payment Scheduling 7. Payment Methods 8. Payment Cancellation Requests 9. Stop Payment Requests 10. Prohibited Payments 11. Exception Payments 12. Bill Delivery and Presentment 13. Exclusions of Warranties 14. Password and Security 15. Your Liability for Unauthorized Transfers 16. Errors and Questions 17. Disclosure of Account Information to Third Parties 18. Service Fees and Additional Charges 19. Failed or Returned Transactions 20. Alterations and Amendments 21. Address or Banking Changes 22. Service Termination, Cancellation, or Suspension 23. Payee Limitation 24. Returned Payments 25. Information Authorization 26. Disputes 27. Assignment 28. No Waiver 29. Captions 30. Governing Law Please read before continuing through the application process. If you have any questions, please contact us. Online Banking Terms and Conditions 1. Introduction. Before you begin using this service, please read these Terms and Conditions. By accepting these Online Banking and Bill Payment Enrollment Terms and Conditions online, you represent that you have read, understand, and agree to be bound by all of these Terms and Conditions. Throughout this agreement “you” and “your” refer to the party who has executed the Online Banking and Bill Payment Enrollment form. “We”, “our”, “us”, “First Federal Savings Bank” and “Bank” refer to First Federal Savings Bank of Twin Falls, Idaho. Our “business days” are Monday through Friday. Holidays are not included. a. Online Banking Features From anywhere that you have Internet access, you can review your accounts anytime with Online Banking. You can: i. View any of your First Federal Savings Bank checking accounts, savings accounts, certificates of deposit, or loans. ii. Search for specific transactions, either by date, amount, or check number processed in the last 60 days. iii. Inquire on the ledger balance of your First Federal Savings Bank depository accounts. ACH, wires, other electronic transactions, deposits, or withdrawals processed throughout the business day will be reflected in your Available Balance until end-of-day processing. iv. Place a Stop Payment on a check using the check number, check amount, and the payee. v. Move funds between your First Federal Savings Bank accounts*. vi. Change your password. vii. Communicate directly with First Federal Savings Bank via e-mail. *For any funds transfer, your available balance, including your overdraft protection coverage, if any, must be enough to cover the transaction. b. Schedule of Fees The charges for Online Banking access, stop payments, and other services are set out in First Federal’s "Fee Schedule."* All applicable fees will be automatically deducted from your account and will appear on your account statement. *Fees are subject to change as provided for in the Alterations and Amendments section below. c. Questions or Errors In case of questions or errors about account transfers made through Online Banking involving a First Federal Savings Bank account, you should do one of the following as soon as you can: • Telephone. Our Customer Service hours are from 8:00 a.m. to 6:00 p.m. Monday through Friday. Call 208-736-4444 or 800-278-9435 to speak with a representative. • Write. First Federal Savings Bank Attn: Customer Service P O Box 249 Twin Falls, ID 83303-0249 i. If you think that your statement is wrong or you need more information about a bill payment listed on the statement, we must hear from you no later than sixty (60) days after we have sent you the FIRST statement on which the problem or error appeared. ii. Please include the following information about the problem: a. Tell us your name and account number. b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. c. Tell us the dollar amount of the suspected error. • If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will recredit your account within ten (10) business days for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not recredit your account. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we use in our investigation. If we do not complete a transfer to or from your First Federal Savings Bank account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions for which we will not be liable: i. If, through no fault of ours, your account does not contain enough available funds to complete the transfer, ii. If your account is legally subject to some legal process, right of off-set, or encumbrance, or if the funds in your account are not immediately available for completing transactions, iii. If the transfer would go over the credit limit on your overdraft protection credit line, iv. If you, or anyone you allow, commits any fraud or violates any law or regulation, v. If any electronic terminal, telecommunication device, or any part of the electronic funds transfer system is not working properly, vi. If you have not properly followed the instructions for using Online Banking, vii. If circumstances beyond our control (such as fire, flood or improper transmission) prevent the transaction, despite reasonable precautions taken by us, viii. If Online Banking was not working properly, and you were aware of the malfunction when you began the transaction, ix. If the Online Banking system is temporarily unavailable due to maintenance, security reasons, or other exceptions not specifically mentioned herein, or x. There may be other exceptions stated in our Agreement with you. 2. Getting Started a. Access to Online Banking is through the Bank’s web site, http://www.firstfd.com. b. Click on Online Banking navigation link located on the upper left-hand corner. c. Enter your User name. d. Answer PassMark Challenge Questions. e. Enter temporary password provided to you by bank or the one you provided to the bank when you enrolled online. f. You are now ready to access your account information. 3. Hours of Service You have access to your accounts 24 hours a day, seven days a week. However, some of the features within Online Banking have processing deadlines. In addition, at various times, certain services may be temporarily unavailable due to maintenance needs. a. Account Transfers Account Transfers requested after 6:00 p.m. (Mountain Time) on a business day will process the next business day. b. Credit Card Payments Credit Card payments made after 4:00 p.m. (Mountain Time) may post the next business day. c. Stop Payment Requests A Stop Payment allows you to request a stop payment on an item not yet posted. We cannot guarantee Stop Payments requested through Online Banking if all fields of the online form are not completed accurately. To be effective, the stop request must be received in time to give us a reasonable chance to act on it. For assistance, call 208-733-4222 during normal business hours. 4. Managing Passwords You will be given either a bank-issued temporary password to access Online Banking or you will be notified by e-mail that the password you requested when you applied for Online Banking is active. Upon accessing the system the first time, you will be asked to change your password. Keep your password secret. Memorize your password and do not write it down. 5. Unauthorized Transfers If you believe another person has unauthorized knowledge of your Online Banking password, or if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify us at once by calling 208-736-4444 or 800-278-9435 during normal customer service hours. If you tell us within two (2) business days after you discover any or all of your security codes have been lost or stolen, and someone uses your security code(s) without your permission, you can lose no more than $50.00. If you fail to notify the Bank within two (2) business days after you learn of the loss or theft of any or all of your security codes, and we can prove that we could have prevented the unauthorized use of your security codes had you notified us, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement containing the unauthorized transfer(s) was mailed to you, and if we can prove that we could have stopped someone from taking the money had you told us in time, you may lose any amount transferred without your authorization. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period. 6. Accounts with Multiple Signature Restrictions If you utilize checks or other means of withdrawal which require more than one signature under some or all circumstances, you agree that those restrictions are for your internal use and internal control only. You agree not to bind us even if you have made us aware of the restriction on any signature card, any other agreement you have with us, or through the existence of multiple signature lines or legends printed on items indicating that more than one signature is required. We reserve the right to refuse to open any account which has these types of restrictions. You agree not to assert any claims against First Federal Savings Bank for lack of authorized signers as long as the item used for withdrawal from the account contains the signature of at least one authorized signer. 7. Electronic Mail You cannot use electronic mail (e-mail) to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within Online Banking. 8. Liability Unless otherwise required by law or specifically provided for in this Agreement, you agree that neither we nor the service providers shall be responsible for any harm, including, but not limited to, direct, indirect, special, consequential, and economic damages, resulting in any way from the installation, operation or maintenance of our equipment or software, or Internet browser or access software. Nor shall we or the service providers be responsible for any loss, property damage, or bodily harm, whether caused by First Federal Savings Bank, its equipment or software, or by Internet access or browser providers, or by on-line service providers, or any agent or subcontractor of any of the aforementioned parties. 9. Alterations and Amendments The terms of this Agreement and applicable fees may be altered or amended by the Bank from time-to-time. In such event, the Bank shall send notice to you at your address as it appears on the bank’s records or send you an electronic mail message (e-mail). The notice will be sent at least thirty (30) days in advance (unless an immediate change is necessary for security reasons) of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount, or frequency of transactions, or of any increase in your responsibility for unauthorized transactions. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. The applicable “Schedule of Fees” governs changes to fees applicable to specific accounts. 10. Termination or Discontinuation In the event you wish to discontinue using Online Banking, contact the Bank in writing or send us an electronic mail message. Written notice must be sent to: First Federal Savings Bank Attn: Customer Service P O Box 249, Twin Falls, ID 83303-0249 We may, at any time, without prior notice to you, terminate your Online Banking service. We will mail notice of termination to you at your address as shown on the Bank’s records. ---------------------------------------------------------------------------------- Bill Payment Terms and Conditions 1. Introduction Note: All references to the “Payment Service” and/or “the Service” reflect the bill pay service offered by First Federal Savings Bank. Before you begin using the Service, please read these Terms and Conditions. By signing the Online Banking Enrollment form or agreeing to the Internet Banking and Web Bill Pay Terms and Conditions located on the ‘Apply Now’ page, you represent that you have read, understand, and agree to be bound by all of these Terms and Conditions. 2. Service Guarantee Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to 50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement. 3. Service Definitions a. "Service" means the Bill Payment Service offered by your sponsoring financial institution through CheckFree Services Corporation. b. "Agreement" means these Terms and Conditions of the Bill Payment Service. c. "Payee" 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. d. "Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date). e. "Payment Account" is the checking account from which bill payments will be debited. f. "Billing Account" is the checking account from which all Service fees will be automatically debited. g. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays. h. "Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day. i. "Due Date" is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period. j. "Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing. 4. Getting Started a. Access to our Web Bill Pay is through First Federal Savings Bank's Web site, http://www.firstfd.com. b. Click on the Online Banking link located in the upper left-hand corner. c. Enter Your User Name and Password. d. Once you are logged in to Online Banking, click on the ‘Bill Payment’ tab located on the black tool bar. e. You are now ready to access your Web Bill Pay account information. If you have not previously enrolled in our Web Bill Pay program, follow the first four steps above to arrive at the Web Bill Pay site. You will be asked if you wish to enroll. If you do, complete the questions. If no further information is required, you will be able to access your account immediately. You are now ready to begin paying bills. 5. Payment Scheduling Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee 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 should be prior to any late date or grace period. 6. Payment Authorization and Payment Scheduling By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives. When the Service receives a Payment Instruction, you authorize the Service 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 the Service to credit your Payment Account for payments returned to the Service by the Post Office or Payee, or payments remitted to you on behalf of another authorized user of the Service. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances: a. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account; b. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction; c. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or, d. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has 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 your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges. 7. Payment Methods The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. 8. Payment Cancellation Requests You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted. 9. Stop Payment Requests The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule. 10. Prohibited Payments Payments to Payees outside of the United States or its territories are prohibited through the Service. 11. Exception Payments Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, misposted or misdirected payments will be the sole responsibility of you and not of the Service. 12. Bill Delivery and Presentment This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following: a. Information provided to the Payee - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is your responsibility to maintain all user names and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. b. Activation - Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills. c. Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service 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 Payee to Payee. You are responsible for ensuring timely payment of all bills. d. Cancellation of electronic bill notification - The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The Service will notify your electronic Payee(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. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation. e. Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Payee 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 Payee directly. f. Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. This Agreement does not alter your liability or obligations that currently exist between you and your Payees. 13. Exclusions of Warranties The service and related documentation are provided "As Is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. 14. Password and Security You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling (877) 238-7275 during customer service hours. 15. Your liability for Unauthorized Transfers If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period. 16. Errors and Questions In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following: a. Telephone us at (877) 238-7275 during customer service hours; b. Contact us by using the application's e-messaging feature; and/or, c. Write us at: CheckFree Payment Services P.O. Box 182477 Columbus, OH 43218-2477 If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must: a. Tell us your name and Service account number; b. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and c. Tell us the dollar amount of the suspected error. If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur. 17. Disclosure of Account Information to Third Parties It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations: a. Where it is necessary for completing transactions; b. Where it is necessary for activating additional services; c. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee; d. To a consumer reporting agency for research purposes only; e. In order to comply with a governmental agency or court orders; or, f. If you give us your written permission. 18. Service Fees and Additional Charges Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. 19. Failed or Returned Transactions In using the Service, you are requesting the Service 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 not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that: a. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service; b. For any amount not reimbursed to the Service within fifteen (13) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed; c. You will reimburse the Service for any fees imposed by your financial institution as a result of the return; d. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and, e. The Service is authorized to report the facts concerning the return to any credit reporting agency. 20. Alterations and Amendments This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. 21. Address or Banking Changes It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information. 22. Service Termination, Cancellation, or Suspension The financial institution sponsoring your Bill Payment Service reserves the rights to terminate, cancel, and/or suspend your Service account at any time for any reason. To enroll and use the Service, you must maintain a checking or money market account with the financial institution sponsoring the Service. In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following: a. Telephone us at (877) 238-7275 during customer service hours; and/or b. Write us at: CheckFree Payment Services P.O. Box 182477 Columbus, OH 43218-2477 Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. 23. Payee Limitation The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement. 24. Returned Payments In using the Service, you understand that Payees and/or the United States Post Office may return payments to the Service for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Service. 25. Information Authorization Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification). 26. Disputes In the event of a dispute regarding the Service, you and the Service 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 the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail. 27. Assignment You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties. 28. No Waiver The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service 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. 29. 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. 30. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

I have read and agree to the Online Banking      and Web Bill Pay Terms and Conditions.