Internet Banking Agreement

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1 A. ACCEPTANCE OF THE HERITAGE BANK TERMS AND CONDITIONS You agree to use the Service solely for the services described in the Agreement and designated by you in the Enrollment Application, and solely in connection with each account (collectively, the "Accounts"), except as otherwise expressly provided in this Agreement or as otherwise expressly permitted by us from time to time. Under this Agreement, there may be multiple accounts. Throughout The Heritage Bank website, The Heritage Bank will provide you with guidance and online instructions and messages. You agree to read and abide by such instructions and messages. Each time you use the Service, you agree to the terms of this Agreement and any additional terms and conditions that may appear on your computer when you sign on to The Heritage Bank website or during your use of the Service. This Agreement will be effective as of the date you are enrolled in Internet Banking. Please read this Agreement carefully and print it by selecting the Printer icon on the Toolbar or selecting File, Print. B. DEFINITIONS The following definitions apply in this Agreement. "Internet Banking" is The Heritage Bank's Internet-based service providing access to your Online Account(s). "Mobile Access Device" means a supportable mobile device such as a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. "Mobile Banking" means the banking services accessible to you when using a mobile device. "Bill Payment" is the Internet-based service providing payments to The Heritage Bank or to third parties from your designated Heritage Bank account(s). "Login ID" is the series of more numbers or letters that you select as a code used in conjunction with the password to establish your connection to the Internet Banking service. "Password" is the series of at least 8 numbers and letters that you select as a code used in conjunction with the Login ID to establish your connection to the Internet Banking service. "Online Account" means any Heritage Bank account from which you will be obtaining information or conducting transactions using the Internet Banking service. "Electronic Funds Transfer" has the meaning provided for that term in Regulation E and includes, without limitation, a bank transfer or payment made by an electronic means. "Firewall" is a router or an access server or several routers or several access servers designated as a buffer between any connected public network and a private network. "Service" shall mean, individually or collectively, The Heritage Bank's Internet Banking service, Bill Payment service, Mobile Banking, and any other service offered under this Agreement. "Time of day" references are to Eastern Time or Eastern Daylight Time, as applicable. "Business Days" are Monday through Friday, except weekdays that The Heritage Bank is not open for business or is considered a federal holiday. "We", "us", "the bank", "Heritage" or "THB" refers to The Heritage Bank or one or more of its affiliates, which provides or will provide the Service offered under this Agreement. C. BROWSER SECURITY Once the server session is established, the user and the server are in a secured environment. Data traveling between the user and the server is encrypted with Secure Sockets Layer (SSL) protocol. With SSL, data that travels between the bank and customer is encrypted and can only be decrypted with the public and private key pair. In short, the bank's server issues a public key to the customer's browser and creates a temporary private key. These two keys are the only combination possible for that session. When the session is complete, the keys expire and the next time you log in, the process begins again. Individuals connecting to Internet Banking with a browser that supports SSL will have a secure session. Current browsers, including FireFox(r) and Internet Explorer(r) support SSL. Internet Explorer(r) users need to check for a padlock icon in the lower right corner of the browser's screen. If the padlock is closed, the session is secure. If the padlock is open, the session is not secure. Using the above technologies, Internet Banking transactions are secure.

2 D. HOST SECURITY The Heritage Bank's web server does not connect directly to the Internet. It is buffered from the Internet through the use of a firewall. All access from outside the bank must go through this firewall, which screens the requests and allows only valid https traffic to reach the server. The Heritage Bank s Internet Banking makes use of an ICSA certified firewall. E. HOURS OF OPERATION Business days for Heritage are 9:00 AM to 6:30 PM Monday through Friday, excluding holidays, or unless otherwise specified within this agreement for different services that are provided. You may access Internet Banking 24 hours a day, seven days a week, except that Heritage cannot guarantee that the Service will always be available during these times. Heritage cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice. In addition, access to Internet Banking is made available pursuant to a license agreement by and between Heritage and FISERV, Inc. Any interruption of service or access caused by the Service Provider will also prevent your use of the Service or performance of the Service. F. SECURE ACCESS TO SITE Heritage believes the safety and security of its customers' accounts and account information is important. To ensure protection of your Accounts, you must access the Service via a personal computer or mobile access device with your Login ID and Password. When you first access the Service, you will be required to establish a unique Login ID and Password. Login IDs are unique, so the ID you choose may not be used by another Internet Banking user. Your Password must be at least 8 characters that include at a minimum one upper case alphabet letter, one lower case alphabet letter, one numeric character, one special character. You may change your Password from time to time, as provided in the software. We recommend that you not use your social security number, birthday, name, or other code that may be easy for others to determine as your Password. In order to access Mobile Banking, you will set up your Mobile Banking credentials inside Internet Banking. No Heritage employee will ever ask you for your Password, nor should you provide it to anyone. YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH THE SERVICE. You agree that any Heritage internet banking request initiated by use of the Password will be subject to and governed by this Agreement. Thus, we urge you to maintain the safety and security of your Login ID and Password. If you authorize another person to use your Login ID and Password, that person can use the Service to perform any of the functions that you may perform. For example, that person may view any information or initiate any transaction on any of your Accounts to which that person does not otherwise have access. You agree not to share your Login ID and Password with other parties. You agree to assume responsibility for all transactions initiated through the Service with your Login ID and Password, up to the limits allowed by applicable law. In addition, if you allow another person or business to store your Login ID and Password on their computer, the stored information may be at risk of unauthorized access from third parties. Heritage has not authorized any outside company to request or use your Login ID and Password for any purpose, on the Internet or otherwise. Once you are finished with your online or mobile banking activity, you should promptly and properly log off the Service. You also agree to never leave your computer unattended while accessing the Service. If you should, a third party may be able to access your Accounts from your terminal without ever needing to use your Login ID and Password. G. IF YOUR PASSWORD HAS BEEN LOST OR STOLEN If a third party should gain access to your Login ID and Password, you alone are responsible for changing the Password to deny the third party's access to your banking information. We also require that you keep a record of what information you shared, and as always, that you carefully monitor and review the activity in your Account. If you believe your Password has been lost or stolen, call Heritage immediately at (800) , 7:00 AM to 6:00 PM, Monday through Friday. Contacting Heritage via telephone is the best way of minimizing your losses. You may also restore the security of your Service by changing your Password. If you believe your Password has been lost or stolen and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password to conduct unauthorized electronic funds transfers. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers had you told us prior to the end of the 2-day period, you could lose as much as

3 $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 day period if we could have stopped someone from taking the money had you told us prior to the end of the 60 day period. H. INTERNET BANKING SERVICES 1. Online Services You may use The Heritage Bank's Internet Banking to perform any of the following services designated by you in the Application or subsequently added by you as provided below: i. To transfer funds between any Deposit Accounts, such as checking, savings, and money market; ii. To transfer funds from any Deposit Account to a loan with The Heritage Bank; iii. Make payments to third parties; iv. To receive and download balance and transactional information on your Heritage Bank accounts; v. To change your password; 2. Bill Payment i. Any bill payments (the "Bill Payments") you make or authorize will be deducted from your designated funding Account. You may utilize the Service to make Bill Payments to an unlimited number of payees. Every Bill Payment must be payable in U.S. dollars and made payable to a payee located in the United States. ii. Processing. Bill Payments entered before 3:00 p.m. are considered received on that business day. Bill Payments are electronically delivered to payees within four business days. Some payees are, however, not set up to accept electronic Bill Payment. In those cases, a check will be sent to the Payee within four business days. The service provider reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods include, but may not be limited to: (1) an electronic payment; (2) a personal check drawn on your designated payment account ("paper draft"); or (3) a corporate check drawn on our account or the account of our vendor. Funds will be deducted from your designated Account on the scheduled payment date for electronic payments or payments made by corporate check. Funds remitted to the Payee by paper draft will be deducted from your account when the draft is presented to Heritage for payment. iii. You agree to allow sufficient time for the Service to receive your request and process the Bill Payments so that funds will be delivered by the due date. The earliest possible scheduled payment date for each Payee (typically four or fewer business days from the current date) will be designated within the application when you are scheduling a payment. Therefore, the application will not permit you to select a scheduled payment date less than the earliest possible scheduled payment date designated for each Payee. When scheduling payments you must select a scheduled payment date that is no later than the actual due date reflected on your Payee's statement unless the due date falls on a nonbusiness day, in which case you must schedule the payment at least one business day before the actual due date. Scheduled payment dates must be prior to any late date or grace period. If you do not comply with the time frame specified for processing your Bill Payment request, you agree to assume full responsibility for all late fees, finance charges, or other actions taken by payee. In the case of repeating payments, if the scheduled payment date falls on a weekend, the actual date that the Payee is scheduled to receive the payment will fall on the previous Friday. iv. If your Bill Payment Account does not have sufficient funds to make a payment as of the date the Payee processes the funds, an attempt will be made to disburse those funds and a "non-sufficient funds" charge will be applied to the designated Account. Heritage shall have no obligation or liability if the payment does not complete because there are insufficient funds in your Account to process a transaction. You will be responsible for resubmitting the payment when funds are available. In all cases, you are responsible for making alternate arrangements for the payment or rescheduling the payment through the Service. 3. Account Transfers i. You may use the Service to initiate electronic funds transfers from a checking, savings or money market deposit account to any other authorized deposit account at Heritage. These types of transactions are referred to in this Agreement as "bank transfers". ii. You expressly authorize Heritage to debit the appropriate Account in the amount of any bank transfer initiated through the Service by you or

4 by any other person whom you authorize to use your Login ID and Password. You agree that we may treat any such bank transfer from an Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to an Account the same as a deposit, all in accordance with the terms of this Agreement and your deposit agreement(s) with us. iii. You must have sufficient funds available in the selected account at the time the transfer is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we do process the transfer and it results in an overdraft in your account balance, you will be charged the standard "non-sufficient funds" fee. iv. Bank transfers between Accounts may be limited by federal law or by the terms of your deposit agreement with us. Bank transfers from Accounts that are or money market deposit accounts are limited as required by federal regulation.. For money market accounts, you may not make more than 6 transfers per statement period by preauthorized or automatic transfer or by telephone or internet banking, by check (including online bill payments), draft or debit card. You agree that we may, without notice or other obligation to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us. v. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option. vi. Posting and Availability of Funds. If you authorize a bank transfer of available funds on or before 8:00 PM on a business day, the bank transfer will be posted the same business day. If you authorize a bank transfer after 8:00 PM on a business day, the bank transfer will be posted the next business day. Transferred funds will be available for withdrawal on the business day the bank transfer is posted. Please note that intervening holidays may alter the day of posting. Except as otherwise expressly provided in this Section, transferred funds will be available for transfer and withdrawal as provided in our Schedule of Funds Availability listed below. Schedule of Funds Availability: All transfers submitted after 8:00PM will be processed on the next business day. vii. In addition to internal bank transfers, you may also use this Service to request transfers to or from accounts owned by you at other U.S. financial institutions. You may also use the service to request person-to-person personal payment transfers to or from someone else's account at The Heritage Bank or another U.S. financial institution. These types of transactions are referred to in this Agreement as "External Transfers". 4. Access to Account Information You may use the Service to receive, download, and store or print information regarding an Account that is routinely set forth in the statement for the Account, debits and credits made to the Account, amounts and item numbers for items drawn on the Account (if applicable), and the daily Account balance (including interest credited to an Account and finance charges accrued on a Loan). All account information provided via the Service will be current as of the end of the preceding business day, and is subject to further adjustment and correction. Because the information is made available to you as "raw data" furnished through the Service Provider and is subject to change, we cannot assure you of the accuracy or completeness of the Account information and expressly disclaim the same. Heritage will continue to send the usual periodic statement of account to you. Please note that adjustments may have been made to your Account in connection with the preparation of your statement. 5. Mobile Banking Services i. Description of Service: Mobile Banking is offered as a convenience and supplemental service to our Internet Banking services. It is not intended to replace access to Internet Banking from your personal computer or other methods you use for managing your accounts. To utilize the Mobile Banking Service, you must first be enrolled in Internet Banking. We reserve the right to limit the types and number of accounts that are accessed through Mobile Banking, and we may refuse to make any transaction that you request through Mobile Banking. We also reserve the right to modify the scope of this Service at any time. Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all mobile access devices or network carriers. The Heritage Bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues. Additionally, your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details regarding fees. ii. Use of Service: In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. 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 Banking Service or your device. You agree to properly secure all hardware and software you

5 use in connection with the Mobile Banking service. iii. 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 Agreement 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 or text messaging 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 its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. iv. Permitted Mobile Banking Transactions: You may utilize the Mobile Banking Service to conduct transactions outlined in the Internet Banking Services section of this Agreement, provided they are available. We do not guarantee that all services will be available through your specific mobile access device, or may not be available in areas where there is limited mobile coverage. v. Hours of operation, as outlined in this Agreement, are the same for both Internet Banking Services and Mobile Banking Services. vi. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk. vii. Message and Data Rates may apply. Your wireless carrier may assess you fees for data or text messaging services. These fees are your sole responsibility; therefore you should consult your wireless plan or provider for details related to any fees you might incur. viii. If you change your mobile device, your mobile telephone number, or your address it will be your sole responsibility to access the Internet Banking System and enter the appropriate updated information. 6. Mobile Check Deposit: i. Description of service: The remote deposit capture services Mobile Check Deposit ("Mobile Deposit" or "Services") are 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. The device must capture an image of the front and back of each check to be deposited in accordance with 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 Agreement or Federal Reserve regulations for the processing of these checks for payment. The Bank offers the benefits and convenience of the Services for free to deposit accountholders who are eligible and who have had a deposit account for at least 180 days. The Bank reserves the right to charge fees for the Services in the future. ii. Hardware and Software requirements: You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time. The Bank is not responsible for any third party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software as is and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. iii. Deposit Limits: The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank s sole discretion, and you agree to comply with all such limits. Our current limits are as follows: Number of Daily Deposits: 3; Daily Deposit Limit: $5,000 iv. Availability of Funds, Deposit Limits and Fees: We will make funds available for checks received, accepted, and successfully processed through the Mobile Deposit service according to our standard funds availability policy for your deposit account. If you transmit your deposit to us before 4:00 p.m. EST ("cut-off time") on any Business Day, we will review and process your deposit on that same Business Day and funds will generally be available within 1 5 Business Days. A Business Day is any day we are open for carrying on substantially all of our banking business other than Saturday, Sunday, or Federal Reserve Bank holidays. Deposits received after that cut-off time will be reviewed and processed on the next Business Day with funds generally available the subsequent day. WE RESERVE THE RIGHT TO CHANGE THE TIME PERIOD IN WHICH FUNDS ARE MADE AVAILABLE FOLLOWING CHECK DEPOSITS USING MOBILE CHECK DEPOSIT IF WE DETERMINE OR HAVE REASON TO

6 BELIEVE THAT A TRANSACTION MAY BE SUBJECT TO FRAUD OR ILLEGALITY, OR WAS NOT MADE IN ACCORDANCE WITH THIS AGREEMENT, OR AS OTHERWISE ALLOWED BY APPLICABLE LAW. v. Fees and Charges: The Bank offers the benefits and convenience of the Services to you free. The Bank reserves the right to charge fees for the Services in the future. vi. Endorsements and Procedures: You agree to restrictively endorse any item transmitted through the Services. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the check within 1½ inches from the top edge, although we may accept endorsements outside this space. Endorsements must read: For Mobile Deposit Only. 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 the Services. vii. Check requirements (including image quality): The image of an item transmitted to the Bank using the Services 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). viii. Rejection of deposits: After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Consumer Deposit Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. ix. Unpaid checks: Should you fail to produce the original check, you authorize us to deduct that amount from your account. You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check. You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide to you in connection with returned Checks. x. Duty to report errors: The Bank will provide you with periodic statements that will identify the deposits that you make through the Service. In addition, you may access the Bank s Online Banking service for information about your deposits, return items, deposit adjustments, Checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that we will be liable for the Check. You agree to notify us of any errors, omissions, or discrepancies in a deposit within the time periods established in your Consumer Deposit Account Agreement. You may notify us by ing us at customerservice@the-heritage-bank.com or writing to The Heritage Bank Attn: Deposit Operations PO Box 1009 Hinesville GA or telephoning us at You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Deposit Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy. xi. Availability of Service/Contingency: In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the 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 Heritage Bank Attn: Deposit Operations PO Box 1009 Hinesville, GA 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 this Agreement.

7 xii. Storage, security and destruction/disposal of the checks: After you receive confirmation that we have received an image, you must securely store the original Check for 14 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 14-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 represent 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. xiii. Presenting checks more than once: Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check. You agree that we may debit from your Bank account the aggregate amount of any Checks that that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion. xiv. Your Authentication method: You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, test key or other code or authentication method that we require (these components are referred to herein collectively as your Authentication Method ). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Deposit Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential. You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered in writing under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, Checks deposited, Check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method. xv. Data security: You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile 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. You will notify us immediately by telephone at or with written notice at The Heritage Bank Attn: Deposit Operations PO Box 1009 Hinesville, GA if you learn of any loss or theft of original checks. 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 Agreement. xvi. 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 the Service in your possession and your records relating to such items and transmissions. xvii. Limitations on The Heritage Bank s Liability Relating to Mobile Check Deposit: We are not responsible for any deposit made via Mobile Check Deposit that does not comply with the terms of this Agreement, any other agreement you have with us, or applicable law. We are not responsible for any deposit made using Mobile Check Deposit that we do not receive, regardless of the reason. We have no obligation in connection with any failure of a check, check image, file or deposit to meet any specifications or requirements provided by us to you. We reserve the right to reject any check transmitted through Mobile Check Deposit, at our discretion, without liability to you. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Mobile Deposit service and to modify such limits from time to time. Mobile Check Deposit is a convenience we provide to customers. We reserve the right to limit or discontinue your use of Mobile Check Deposit feature for any or no reason. 7. Internet Banking Alerts i. Account Alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cancel old alerts, without warning to you. Each alert has different options available, and you will be asked to select from among these options upon activation of your alerts service. ii. Electronic alerts will be sent to the address you have provided as your primary address for Internet Banking. If your address or your mobile device's address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a secondary address.

8 iii. You understand and agree that your alerts may be delayed or prevented by a variety of factors. We neither guarantee the delivery or the accuracy of the contents of the alerts. You also agree that we will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of the alert; or for any actions taken or not taken by you or any third party in reliance of an alert. 8. estatements notices will be sent for Accounts with online estatements. We will maintain online access to each estatement for a period of up to 14 months from the date on which your estatement is made available. You understand that an estatement will consist of what you currently receive in the mail. If you currently receive imaged copies of checks with your paper statement, then the same will be available with your estatement. If you currently do not receive images of checks with your paper statement, then check images will not be available with your estatement. We often include with your paper Account statement other periodic notices. For short, we refer to these as "regulatory inserts." When you consent to electronic delivery of your Account statements, you will also be consenting to electronic delivery of regulatory inserts. This includes required disclosures such as changes to Bank customer policies (e.g., Account maintenance fees or privacy policy), summaries of updated Account features, and amendments to your Account Agreements. The notification that your estatement is ready will include any regulatory inserts that accompany your Account statement. You can turn off estatement at any time by contacting us and will not be charged a fee for doing so. When you turn off estatements, you will automatically begin receiving mailed (paper) statements with your next statement cycle. Additional fees, which may be then in effect for paper (mailed) statements, will apply. By entering into this estatements Service Agreement, you agree to: Receive your periodic statements and subsequent disclosures electronically. Discontinue the receipt of all periodic statements and subsequent disclosures in paper form by mail, for the above named accounts. Accessing Your estatements After signing up, you will receive an informing you when your next statement is available. At this time, you will be able to access your statement via Internet Banking. You may receive another paper statement by due to the time involved in processing your application. All estatements will remain available for 14 months after the date it is posted to the site. You may find it advisable to print or download your estatements for permanent retention. There will be a fee incurred if we have to look up your estatement after 14 months and print them for you. You are responsible for promptly notifying The Heritage Bank if any of your estatements that you receive are not accessible or are incomplete or unreadable. If you change your address you need to promptly notify The Heritage Bank. You can notify The Heritage Bank of your request by visiting one of our branches, send us a letter, or call our Client Care Line How to Discontinue Electronic Delivery of estatements: At any time, you may revoke your consent to electronic delivery and instead receive statements in paper form. You must do so by signed written letter or by coming into the bank. If you revoke your consent to electronic delivery of disclosures, The Heritage Bank may at its option elect to terminate your access to the estatements service. If you would like us to print a copy of your statements, there is a fee of $3.00 per statement. Errors or Unauthorized Access: You will telephone us at or write us at THE HERITAGE BANK, P.O. Box 1009, Hinesville, GA as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You will: Tell us your name and account number (if any). 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. 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 10 business days. We will determine whether an error occurred within 10 business days (20 business days if new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if point-of-sale transaction, or new account, or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if new account) for the amount you think is in error, so that you will 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 10 business days, we may not credit your account. For the purpose of this paragraph, an account is a new account for a period of 30 days from the date of the first deposit to the account. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. You understand that you are responsible for installation, maintenance and operation of your computer and its software. We are not responsible for any errors or failures to your computer or its software. You are responsible for accessing, opening and reading statements. It is your responsibility to notify us if any statement is not accessible, is incomplete or is unreadable. In the event any of the above problems exist and you are unable to retrieve a copy of your statement, we will supply a paper copy of your statement at your request; however, a fee may

9 apply subject to our current schedule of fees and we may not be able to provide you with that statement if a substantial period of time has passed from when that statement was first made available to you. We are not accepting any responsibility to archive your statement beyond the time required by applicable law. You understand that you must complete the entire registration process to affirm your ability to receive, open and view your estatement electronically. Computer Requirements (Minimum): A Computer with an Internet Connection Internet Explorer 8, Firefox 29, Chrome 34, Safari 6 Adobe Acrobat Reader 9 Windows-Microsoft Windows 7, 512 MB of RAM Macintosh-Mac OS X 10.7, 1 GB of RAM In order to receive electronic delivery of your statement(s) you must agree to all of the following: I have, at minimum, the hardware and software listed above to be able to receive and retain the above account statements and any subsequent disclosures. I request The Heritage Bank electronically provide me with above account statements and any subsequent disclosures. I agree to the above Service Agreement 9. Additional Service Heritage may introduce new services or change the scope of our services from time to time. Heritage will notify you of the existence of the new services. By using these services when they become available, you agree to be bound by the terms and conditions, rules and other instructions that will be made available to you concerning those new services. I. FEES Access to the Service is currently furnished at no charge to you. Currently, Heritage does not charge a set-up fee for the Service. Heritage does not charge for viewing your Accounts, or completing transfers to and from your individual Accounts. Heritage does not charge for bill payment. Heritage may from time to time decide to modify its fees. If Heritage increases or decreases its fees, Heritage shall notify you in writing, where required, of the change(s) and their effective date. You will be solely responsible for all tariff, duties, or taxes imposed by government or governmental agencies in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, wireless provider fees, tools, tariffs, and other costs for online and mobile sessions. Message and data rates may apply. Please check with your mobile carrier for details. There may be other costs and charges associated with your accounts. Please refer to your Deposit Account Disclosure for details. J. STOP PAYMENT RIGHTS The ability to place a stop payment request will depend on whether or not the payment has been processed, the payment method used to remit funds to the Payee, and whether or not a check issued to the Payee has cleared. 1. To cancel a payment that is still in a "pending" status, you must log into Internet Banking and follow the directions provided on the Bill Pay screens in order to cancel the payment. 2. To cancel a payment that is in a "processing" status, contact your local Heritage Bank or call Customer Service at Although we will make every effort to accommodate your request to cancel the payment, we may not have a reasonable opportunity to do so as a result of the timing of the request. In those instances we will have no liability for failing to cancel the payment. 3. The ability to stop payment on a check issued from your account will be determined by the timing of your request and whether or not the check issued to the Payee has cleared. To request a stop payment on an outstanding check, contact your local Heritage Bank or call Customer Service at We must have sufficient time to process your request, and we may require you to present your request in writing. We will make every effort to accommodate stop payment requests received prior to the Payee check clearing, however, if we do not have a reasonable opportunity to stop payment on the check we will have no liability for failing to do so. 4. The charge for each stop payment request will be the current charge for such service as set forth in our applicable fee schedule. K. ERRORS AND ADJUSTMENTS

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